A. For improvements other than sidewalk improvements, the Council shall hold a public hearing on the proposed improvement and formation of the district and consider oral and written testimony, as well as remonstrances.

B. If property owners owning two-thirds of the property area within the district to be specially assessed remonstrate against the improvement, the Council shall not proceed with forming the district and financing the improvement by special assessment. This provision shall not apply if the only improvements to be constructed are sidewalks or if the Council unanimously declares the improvement to be needed because of an emergency or public health concern. If a property has multiple owners, a remonstrance by an owner shall be considered a fraction of a remonstrance to the extent of the interest in the property of the person filing the remonstrance.

C. All remonstrances must be in writing and filed with the City Recorder by the end of the public hearing. Remonstrances may be withdrawn any time prior to the close of the hearing.

D. If insufficient remonstrances are filed to prevent the formation of the local improvement district, the Council shall have discretion whether or not to form the district and proceed with the public improvement.

E. Based on testimony at the hearing, the Council may modify the scope of the improvements and/or the district boundary. The Council may use any reasonable method of determining the extent of the local improvement district based on the benefits of the proposed local improvement(s). If any modifications approved by Council include additional property or result in a likely increase in assessments on any property, the City shall hold another hearing and provide notice of the additional hearing in the same manner as it provided notice of the initial hearing.

F. A decision to accept the engineer’s report, form the local improvement district and proceed with making the local improvements shall be by resolution.

G. After formation of the local improvement district the City may enter a notice of potential future lien in the City lien docket. [Ord. NS-2182, 2012]