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3.122.120 Hearing on Assessments.

(Amended by Ordinance No. 189413, effective March 6, 2019.)

A.  The Council shall hold a public hearing on the proposed assessment ordinance.  The public hearing shall be held no sooner than 30 days after mailing the notice.  The Council may continue the hearing to a date and time certain.  At the hearing, property owners supporting or objecting to being assessed, to the amount of the assessment or to the formation of the District, shall be entitled to be heard.

B.  Written objections shall be considered to have been received by the Council at the hearing if actually received at the hearing or if received by the Revenue Division prior to commencement of the hearing.  A written objection signed by a person purporting to have authority as agent or attorney to sign an objection on behalf of an owner shall be considered received from the owner only if there is included with the objection a copy in writing of the authority to act on behalf of the owner.

C.  If the Council at the hearing receives written objections to the formation of the District from owners of property upon which more than 33 percent of the total value of assessments are levied, then the Economic Improvement District shall not be established and assessments shall not be made.

D.  At the hearing, the Council shall consider any objections and may adopt, correct, modify, revise the proposed assessment ordinance.  In the case of a voluntary assessment, the Council shall exclude from assessment property which the owner has requested be omitted from assessment.  The request shall be made in writing and submitted prior to the close of the hearing.