If, after the hearing held pursuant to § 35.03, the City Council determines that the economic improvements would afford special and peculiar benefit to subject parcels within the economic improvement district different in kind or degree from that afforded to the general public, and that the economic improvement district should be established, then the City Council may adopt an ordinance stating those findings and establishing the district. The Council shall then determine whether the property benefitted shall bear all or a portion of the cost, and shall require notice of the proposed assessment or business license fee to be mailed or personally delivered to the owner of each lot to be assessed or business to be charged, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice, or the charge to the owner of the business receiving the notice. The notice shall state the time and place of a second public hearing at which affected property owners or business owners may appear to support or object to the proposed charge. The second hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices. At the hearing, the City Council may consider objections and may adopt, correct, modify or revise the proposed assessments or charges. The ordinance will also provide that the assessments will not be made and the economic improvement project will be terminated when written objections are received at the second public hearing from owners of property upon which more than 33% of the total amount of assessments is levied, or if a business license fee is charged, from more than 33% of persons conducting business within the economic improvement district who will be subject to the proposed license fee.
(Prior Code, § 36.04) (Ord. 1161, passed 3-20-2000)