(A) Within a reasonable time after the City Engineer has completed the report required in § 34.147, the Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district. Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted.
(B) Not less than ten or more than 30 days prior to any public hearing held pursuant to this subchapter, the applicant and all owners of property within the proposed district shall be notified of the hearing and the purpose thereof. This notification shall be accomplished by either regular mail or personal service. If notification is accomplished by mail, notice shall be mailed not less than 13 days prior to the hearing. Notice shall be deemed effective on the date that the letter of notification is mailed. Failure of the applicant or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the Council’s action to approve the same.
(C) If a reimbursement district is formed prior to construction of the improvements, a second public hearing, subject to the same notification requirements, shall be held after the improvements have been accepted by the city. At that time, the Council, at its discretion, may modify the resolution to reflect the actual cost of the improvements.
(Prior Code, § 35.154) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)