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A. Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement.

B. Approval in Discretion of Council. The council may implement the improvement resolution and undertake completion of the improvement only if, in its sole discretion, the improvement is in the best interest of the City. The council’s discretion shall not be limited by the fact that a majority of the benefited property owners have requested or indicated their support for the improvement.

C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for six (6) months. Once the six months has expired, unless the Council initiates the improvement on its own initiative, it is the petitioner’s responsibility to re-submit a new petition for the project that meets the requirements outline in 13.20.020.B. Action on sidewalks or on improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed.

Notwithstanding any document or agreement obligating an owner, or the owner’s successor in interest, to be in favor of improvements or in favor of a local improvement district, or any document of agreement waiving an owner’s or successor’s right to remonstrate against improvements of a local improvement district, such owner or successor may appear at the public hearing and exercise their First Amendment right to oppose or support the proposed local improvement district, but such exercise shall not invalidate or nullify existing contractual waivers of remonstrance.

D. Modifications. At the hearing, the council may direct any modification of the improvement that it deems appropriate. If the council modifies the scope of the improvement such that the local improvement district would be enlarged, or, if estimated assessments have been made by the time of the hearing, the assessment is likely to be increased by more than ten percent upon one or more lots, then a new improvement resolution shall be adopted by the council, and new notices mailed to all of the owners of properties within the local improvement district. No new publication regarding the amended improvement need be made.

E. Creation of Local Improvement District. If the improvement is approved by the council, the council shall by resolution create the local improvement district to be served by the improvement.

F. Determination of Allocation. The council shall determine whether the property benefited shall bear all or a portion of the cost. The council shall then direct the City recorder to prepare the estimated assessment to the respective lots within the local improvement district and file it in the lien records of the City. The council shall then hear any objections that have been filed with the recorder concerning the amount of the assessments, and may adopt, correct, modify or revise the estimated assessments. (Ord. 2976, added, 01/06/2009)

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