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(a) The City Manager shall submit the following information to the Council with the resolution to form the district and proceed with the improvement:

(1) The petition report, updated to account for any change in information;

(2) A description of the current condition of improvements to be improved, and a statement of the need for the proposed local improvement; and

(3) The method of financing the improvement; e.g., bonding, City investment, or a combination.

(b) The Council shall hold a public hearing on the resolution. The Clerk shall give notice of the public hearing on the resolution:

(1) By certified mail, return receipt requested, mailed not less than thirty (30) days before the date of the hearing, to each record owner of a parcel in the proposed district; and

(2) By publication once a week for two (2) consecutive weeks in a newspaper of general circulation in the City, with the first publication appearing not less than thirty (30) days before the date of the hearing; and

(3) By posting on or near the property to be improved in a location where the posting(s) may be reasonably noticed by affected property owners.

(c) Each notice of the public hearing shall include the following:

(1) A description of the special assessment district and the proposed improvement;

(2) The date of public hearing;

(3) The place for reviewing the estimated assessment roll; and

(4) The procedure for presenting objections to the formation of the district.

(d) Written comments, including any objections as to the necessity of the formation of the district, may be filed with the City Clerk for a period of thirty (30) days after mailing the notice of the public hearing.

(e) After public hearing, the Council may adopt the resolution to form the district and proceed with the improvement. The resolution must:

(1) Describe the improvement and its location;

(2) Describe the parcels benefited by the improvement;

(3) Approve the estimated cost of the improvement;

(4) Make a finding that the improvement is necessary and should be made;

(5) Identify any parcels within the boundaries excluded from the district, which will not receive the benefit of the improvement and will not be subject to the assessment;

(6) If the City Manager signed the petition on behalf of the City, approve the City Manager’s action;

(7) Include an estimated assessment roll showing the amount of the assessment against each parcel;

(8) Authorize the City Manager to proceed with the design and construction of the improvement; and

(9) Require the Clerk to record in the District Recorder’s office a copy of the resolution to proceed and the estimated assessment roll.

(f) After passage of the resolution to proceed, the improvement may be constructed in any manner consistent with applicable City ordinances.

(Ord. 3034-2018)