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Last modified
1/3/2012 1:03:28 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2033
Date
11/20/1989
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265 <br /> <br />Section 20-25. Protests; interested persons or taxpayer. <br /> At the hearing, protests against the establishment of the district, the extent of the <br />district, or the furnishing of specified types of facilities or services within the district may <br />be made orally or in writing by any interested persons or taxpayers. Any protests <br />pertaining to the regularity or sufficiency o~ the proceedings shall be in writing and shall <br />clearly set forth the alleged irregularities and defects. To be counted under Section 20- <br />26 any written protest shall be filed with the City Clerk on or before the time fixed for the <br />hearing. The City Council may waive any irregularities in the form or content of any <br />written protest and at the hearing may correct minor defects in the proceedings. Written <br />protests may be withdrawn in writing at any time before the conclusion of the hearing. <br /> Section 20-26. Written protest; further proceedings to create district; elimination <br /> of special tax or types of facilities or services from resol~ttion of formation. <br /> If 50 percent or more of the registered voters, or six registered voters, whichever is <br /> more, residing within the territory proposed to be included in the district, or the owners <br /> of one-half or more of the area of the land in the territory proposed to be included in the <br /> district and not exempt from the special tax, file written protests against the <br /> establishment of the district, and protests are not withdrawn so as to reduce the value of <br /> the protests to less than a m~jority, no further proceedings to create the specified <br /> community facilities district or to levy the specified special tax shall be taken for a period <br /> of six months from the date of the decision of the City Council. <br /> If the m~jority protests are only against the furnishing of a specified type or types <br /> of facilities or services within the proposed district, or ~against levying a specified special <br /> tax, those types of facilities or services or the specified special tax shall be eliminated <br /> from the resolution of formation. <br /> Section 20-27. Hearing;, continuances; time limitation; exception; modification of <br /> resolution of intention; determination to abandon or proceed with establishment <br /> of district. <br /> The hearing may be continued from time to time without further notice under <br /> Section 20-23 or 20-24, but shall be completed within six months of the original hearing <br /> date. The City Council may modify the resolution of intention by eliminating proposed <br /> facilities or services, or by changing the rate or method of apportionment of the proposed <br /> special tax so as to reduce the maximum special tax to be levied on all or a portion of the <br /> property within the proposed district, or by removing territory from the proposed district. <br /> At the conclusion of the hearing, the City Council may abandon the proposed <br /> establishment of the community facilities district or may, after passing upon all protests, <br /> determine to proceed with establishing the d~trict, except as provided in Section 20-26 <br /> hereof. <br /> Section 20-28. Adoption of resolution of formation establishing district; contents; <br /> finding concerning validity and conformity of prior proceedings. <br /> If the City Council determines to establish the district, it shall adopt a resolution <br /> of formation establishing the district. The resolution of formation shall incorporate by <br /> reference all of the information required to be included in the resolution of intention to <br /> <br />-13- <br /> <br /> <br />
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