Los Angeles Municipal Code Art. 1 Formation of Open Space Maintenance Districts and Procedures for

ASSESSING THE COST THEREOF

Section 6.131 Citation of Ordinance. 6.132 Alternative Procedure. 6.133 Definitions. 6.134 Purpose. 6.135 Acts Authorized. 6.136 Formation of District. 6.137 Preliminary Report. 6.138 Council Action on Report. 6.139 Ordinance of Intention. 6.140 Description of the District and the Work. 6.141 Public Property. 6.142 Contribution to Cost of Work. 6.143 Publication. 6.144 Mailing of Notice. 6.145 Posting of Notice. 6.146 Affidavit. 6.147 Protest: Filing and Withdrawal. 6.148 Hearing of Protests; Majority Protest. 6.149 Changes and Corrections. 6.150 Computation of Majority Protest: Eliminated Land Owner’s Protest Not To Be Counted. 6.151 Disposition of Protests; Jurisdiction. 6.152 Ordinance Forming District. 6.153 Recording Diagram. 6.154 Legal Action to Contest Formation of District. 6.155 Administrative Provisions. 6.156 Performance of Work; Payment for. 6.157 Annual Improvement and Maintenance Report. 6.158 Levy and Collection of Assessment. 6.159 Method of Collecting Assessments with Taxes. 6.160 Special Fund; Advance. 6.161 Special Fund: Deficiency. 6.162 Special Fund: Surplus. 6.163 Annexation of Land to District. 6.164 Notice of Hearing on Annexation. 6.165 Proceedings at Annexation Hearing. 6.166 Addition of Property to Be Maintained.

6.167 Same: Notice of Hearing; Proceedings at Hearing. 6.168 Withdrawal from District. 6.169 Same: Hearing: Objections. 6.170 Dissolution of District. 6.171 Same: Hearing. 6.172 Construction and Validity.

This article may be known and cited as the Open Space Maintenance Ordinance of 1964.

SECTION HISTORY

Based on Ord. No. 129,015.

The procedure established herein shall be additional or alternative to any other procedure established by ordinance or State law. The election to proceed under this article shall be expressed in the Ordinance of Intention to form the District.

SECTION HISTORY

Based on Ord. No. 129,015.

Unless the particular provisions of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction and the meaning and application of words and phrases used in this article.

(1) “Council” means the Council of the City of Los Angeles.

(2) “Clerk” and “City Clerk” mean, the City Clerk of the City of Los Angeles.

(3) “Board” and “Board of Public Works” mean the Board of Public Works of the City of Los Angeles.

(4) “Work” or “Improvement,” whether used singly or in combination, means and includes the performance of all acts and doing of the things necessary to carry out the purposes of this article including the maintenance of open areas and the doing of those acts set forth in Section 6.135(b) of this article.

(5) “Open Space” or “Open Area” means any space or area characterized by great natural scenic beauty or whose existing

openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources.

(6) “Open Space Maintenance District” or “District” means any district created pursuant to the provisions of this article.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The purpose of this article is to form districts within the City within which property may be assessed to pay the costs and expenses of improving and maintaining open spaces belonging to the City in such manner as to conserve their natural condition and scenic beauty which, if preserved, maintained, or developed in their present open state will constitute physical, esthetic or economic assets to existing, impending, abutting or surrounding urban development or which will maintain or enhance the conservation of natural or scenic resources; and to maintain such open spaces in a way that will reduce the danger of fire which exists when open areas covered with vegetation remain in their natural state.

SECTION HISTORY

Based on Ord. No. 129,015.

In addition to matters specified elsewhere in this article, the acts authorized under this article include the following:

(a) The formation of districts.

(b) The planning, maintaining, improving, protecting, limiting the future use of or otherwise conserving open spaces and areas
within the City and the reduction of the hazards of fire, erosion, and flooding in such areas by:

(1) Clearing and removing or ordering the clearing and removal of dry grass, stubble, brush, rubbish, litter, or other
inflammable material which endangers the public safety by creating a fire hazard and which is not provided for by the regular
controls exercised by the City Fire Department and the Board of Public Works:

(2) Acquiring, constructing and maintaining works, not otherwise regularly provided by the City which are necessary or
convenient for the prevention and extinguishing of fires;

(3) Destroying and removing noxious, dangerous or unsightly weeds;

(4) Planting and maintaining trees, shrubs, lawns and other vegetation;

(5) Making such regulations as are necessary or desirable to limit the future use of the areas in order to maintain or enhance
the conservation of their natural or scenic resources and to protect the public health and safety; and

(6) Constructing and maintaining such other improvements as may be necessary or convenient for the accomplishment of
the purposes of this article.

(c) The doing of all acts and things necessary or convenient for the accomplishment of the purposes of this article.

SECTION HISTORY

Based on Ord. No. 129,015.

Proceedings for the formation of an Open Space Maintenance District may be initiated by petition signed by the owners of assessable land in the proposed District, as shown by the last Equalized Assessment Roll of the county or as their names appear upon the real property ownership records of the City Engineer’s office owning lands of an assessed value of not less than fifty-one per cent (51%) of the total assessed value of all assessable land in the District, as shown by the last equalized County Assessment Roll, which lands also constitute more than one-half of the area of all assessable land in the proposed District. The petition shall contain a general description of the exterior boundaries of the proposed District, a general description of the open spaces to be maintained or improved, a general description of the work or improvement to be done on the Open Spaces, and a statement that the petition is filed pursuant to this article. The petition shall be filed with the City Engineer, who shall check or cause it to be checked. If it is signed by the requisite number of qualified signers, the City Engineer shall make the City Engineer’s certificate to that effect and shall present the petition and certificate to the Council.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 181,595, Eff. 4-10-11.

Before the Council adopts an Ordinance of Intention to form the District, the Board of Public Works shall make and file with the City Clerk a report which shall contain the following information:

(a) A general description of the Open Areas proposed to be maintained, all of which must lie wholly within the boundaries of the District;

(b) A general description of the proposed work or improvement;

(c) An estimate of the annual costs and expenses of maintenance or improvement of the Open Areas which benefit property within the proposed District;

(d) A diagram or map showing:

(1) The boundaries of the District proposed to be assessed and the public streets, alleys, ways or other public places situated

therein;

(2) Each parcel of land benefited by such work or improvement, by giving each a separate number or designation upon the

diagram. Said diagram, as approved by the Council, shall govern for all details as to the lands determined to be benefited by said work or improvement and to thereafter be assessed.

Prior to the filing of the Preliminary Report with the City Clerk, the Board of Public Works shall refer the report to the City Planning Commission for its recommendation upon the formation of such District. The City Planning Commission shall report its findings to the Board of Public Works. If the City Planning Commission recommends disapproval of the proposed formation of the District, such recommendation may be overruled by the Council. Failure of the City Planning Commission to act within thirty (30) days after the referral of the Preliminary Report to it shall be deemed to be an approval of the Report. The Board of Public Works shall transmit the recommendation of the City Planning Commission to the City Clerk along with the Preliminary Report.

SECTION HISTORY

Based on Ord. No. 129,015.

Upon the filing of said report by the Board, the City Clerk shall present the same to the Council for consideration and the Council may approve, amend, alter, modify or correct the same or may direct the Board to make changes therein. When said Report has been approved by the Council, it may fix a time and place for hearing objections to the proposed formation of the District or to the Report and may adopt an ordinance declaring its intention to form the District. The Report shall thereafter be open to inspection in the office of the City Clerk until said public hearing.

SECTION HISTORY

Based on Ord. No. 129,015.

If the Council determines that the public interest and convenience require the formation of a District, it may adopt an ordinance declaring its intention to form such District pursuant to the provisions of this article. Such Ordinance of Intention, in addition to making the foregoing determination, shall also contain:

(a) A general description of the exterior boundaries of the proposed District, as specified in Section 6.140 hereof.

(b) A general description of the work and improvement proposed to be done and the Open Areas to be maintained or conserved

thereby.

(c) A statement that an annual assessment may be levied pursuant to this article to pay the costs and expenses of the maintenance

work and improvements, if any, on the Open Areas.

(d) A statement of the annual assessment limit on each one hundred dollars of assessed valuation of taxable land and improvements

within the District and that amounts so assessed shall be billed for collection by the County of Los Angeles as a part of regular tax bills.

(e) The day, hour and place for the hearing by the Council of protests and objections to the formation of the proposed District or to

the proposed work, and a statement that any owner of property liable to be assessed for the work may make written protest against the proposed work or against the formation of the proposed District or both by filing such written protest with the Clerk at any time not later than the hour so fixed for the hearing. The time for the hearing shall not be less than fifteen (15) or more than sixty (60) days from the date of the adoption by the Council of the ordinance.

SECTION HISTORY

Based on Ord. No. 129,015.

The proposed Assessment District may be described in the Ordinance of Intention by stating the exterior boundaries thereof or by referring to the diagram provided for in the Preliminary Report required therefor. The description of the work shall be sufficient if the ordinance states in general terms the classes or kinds of work contemplated, contains a general description of the property upon which such work is to be done or the name by which such property is commonly known, and refers to plans and reports on file, if any, or such of them as may be suitable or proper for a description of the proposed work. Portions of the improvement or of the territory comprising the Assessment District need not be contiguous.

SECTION HISTORY

Based on Ord. No. 129,015.

Any lot or parcel of land in any public use belonging to the State or to any county, city, District, or other public corporation, public agent, mandatory of government, school board, educational, penal or reform institution, or institution for the feebleminded or insane, in use in the performance of a public function and lying within the District is not subject to assessment unless the consent of the governing body of the entity owing such public property to assessment is filed with the Council. If such consent is filed, the land is subject to assessment in the same manner as other land within the District.

SECTION HISTORY

Based on Ord. No. 129,015.

The Council in its discretion may, in the Ordinance of Intention or at any subsequent time, order that a portion of the costs and expenses of the work or improvement shall be paid out of the City Treasury from such fund as the Council may designate and the amount of such payment shall be so specified.

SECTION HISTORY

Based on Ord. No. 129,015.

The Ordinance of Intention shall be published once in a daily newspaper of general circulation, printed and published in the City of Los Angeles at least fifteen (15) days before the date set for hearing protests or objections.

SECTION HISTORY

Based on Ord. No. 129,015.

A copy of the ordinance shall be mailed at least ten (10) days before the date of hearing protests or objections, postage prepaid, by the City Engineer to each person to whom land in the District is assessed as shown upon the last Equalized County Assessment Roll or as their names appear upon the real property ownership records of the City Engineer’s office, whether owner in fee or having a lien upon, or legal or equitable interest in, any land within the District, whose name and address and a designation of the land in which the person is interested are on file in the office of the City Engineer.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 181,595, Eff. 4-10-11.

The Board shall cause to be conspicuously posted along public streets, if any, within the proposed District, at not more than 300 feet in distance apart, but not less than three in all, copies of the Ordinance of Intention. Said notices shall be headed “Notice of Formation of Open Space Maintenance District” in letters at least one (1) inch in height. The notice shall be posted at least fifteen (15) days prior to the hearing.

SECTION HISTORY

Based on Ord. No. 129,015.

Certificates or affidavits shall be filed with the Clerk setting forth the time and manner of compliance with the requirements of Sections 6.143, 6.144 and 6.145.

SECTION HISTORY

Based on Ord. No. 129,015.

At any time prior to the time set for hearing protests in relation to the proposed formation of the District, any owner of property liable to be assessed for the work may make and file with the City Clerk a written protest stating the owner’s objection thereto. Such protest must contain a description of the property in which the protestant is interested, sufficient to identify the same, and must be delivered to the City Clerk. No other protest shall be considered. The Clerk shall endorse on every such protest the date of its receipt by the Clerk and shall at the time appointed for the hearing present such protest to the Council. Any protest may be withdrawn by the person making it, in writing, at any time prior to the conclusion of the hearing or any adjournment thereof.

SECTION HISTORY

Based on Ord. No. 129,105.

At the hearing all such objections and protests shall be heard and considered. If at the hearing it appears that owners of more than one-half of the area of land included within the proposed District and subject to assessment have made objection in writing to the doing of the things proposed to be done as an entirety, and protests are not withdrawn so as to reduce the same to less than a majority, the Council, by a resolution entered upon its minutes, shall so find. Thereafter the Council shall not proceed further under the Ordinance of Intention, and the proceeding is terminated. If the proceeding is terminated by a majority protest, no subsequent proceeding under this article for the formation of the same, or substantially the same, District shall be commenced within six (6) months thereafter, except upon a petition signed by the owners of a majority in area of the taxable land in the District. If the owners of more than one-half of the area of the property included within the District and subject to assessment have not made written objections or protests to the things proposed to be done as an entirety, the Council may so find orally or otherwise and may proceed with the hearing. The hearing may be continued from time to time by order entered on the minutes.

SECTION HISTORY

Based on Ord. No. 129,015.

At the hearing the Council may by an affirmative vote of four-fifths of its members order changes in the proposed work or the proposed boundaries of the District by the elimination of any portion thereof which will not in its opinion be benefited by the work proposed to be done.

If the Council proposes a change in the boundaries to include additional land in the District, said Council shall adopt a resolution briefly describing the change proposed to be made and giving notice of the time and place when and where any interested person may object to such change. The City Engineer shall mail a copy of a notice of intention to do so to each person described in Section 6.144 hereof included in the area proposed to be added within the time and in the manner set forth in said Section 6.144. The notice shall describe the proposed change and specify the time for hearing objections. The notice shall also be published once in the time and manner provided for in Section 6.143, hereof.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: 2nd Para., Ord. No. 181,595, Eff. 4-10-11.

If the boundaries are changed, objections or protests made by owners of land excluded by the change shall not be counted in computing a majority protest, but written objections or protests to the things proposed to be done as an entirety made by owners of the remaining assessable land in the District, including assessable land added by a change and filed with the Clerk not later than the time set for hearing objections to the proposed change, shall be included in computing a majority protest.

SECTION HISTORY

Based on Ord. No. 129,015.

Except in the case of a majority protest, the Council may sustain or deny any or all objections or protests and its determination is final. Such determination shall be entered upon the minutes. If the protests are denied or if no protests are filed, immediately thereupon the Council shall acquire jurisdiction to form the District and to order the work, as proposed or as changed, to be done and to proceed further in accordance with the provisions of this article. In the event there is a majority protest against any change proposed as provided for in Section 6.149 hereof, no such change shall be ordered by the Council.

SECTION HISTORY

Based on Ord. No. 129,015.

If the Council decides to proceed, it shall by ordinance fix and establish the boundaries of the District, declare that the District is formed pursuant to this article, describe the Open Areas to be maintained by the District, order the Board of Public Works to do the work or maintenance, as proposed or as changed, and provide that the cost and expense of doing such work shall be paid by annual assessments upon the land within the District. The ordinance forming the District shall be final and conclusive on all persons in all particulars.

SECTION HISTORY

Based on Ord. No. 129,015.

The approved diagram shall be transmitted to the Bureau of Engineering and recorded in a book kept for that purpose. Such diagram may be thereafter referred to in connection with the levy of assessments pursuant to this article.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Any objections or protests not made at the time and in the manner provided for by this article are deemed waived voluntarily. The validity of proceedings taken under this article shall not be attacked subsequently to the hearing upon any ground not stated in an objection or protest filed pursuant to this article. Any landowner or person interested in any land within the District is estopped to attack the proceedings upon any ground not stated in a protest filed by such landowner or person pursuant to this article. The validity of the formation of a District pursuant to this article shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the time said District

is formed and any appeal from a final judgment in such action or proceeding must be perfected within thirty (30) days after the entry of such judgment. Any defect, error, or informality in the petition, the City Engineer's certificate, the publication, posting, or mailing of notices, or failure of the landowner or person interested in the land to receive notice shall not invalidate any proceeding pursuant to this article.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 181,595, Eff. 4-10-11.

The Board of Public Works of the City of Los Angeles shall have complete charge, supervision and control of all Open Areas maintained or improved pursuant to the provisions of this article. Annually on or before January 31st, the Board shall determine the work or improvement with respect to the Open Area or Areas necessary for the ensuing fiscal year and shall report the same to the Council as provided in Section 6.157 hereof.

The Mayor, subject to confirmation by the Council, may appoint an Advisory Board composed of five property owners within a District, which Advisory Board may make recommendations to the Board of Public Works with respect to the work and operation of the Open Areas. Members of the Board shall serve without compensation and shall hold office for a term of three (3) years from the date of their appointment.

SECTION HISTORY

Based on Ord. No. 129,015.

The Board may enter into such annual contracts as may be required for performance of the work or may cause any part or parts thereof to be performed or furnished by the City and may employ the necessary labor and provide, by purchase order when necessary, the required materials and equipment and shall cause the said work to be performed or furnished. It may issue interdepartmental purchase orders for the furnishing of maintenance or incidental services or supplies, where necessary or in the public interest by reason of circumstances, such purchase orders to be at established rates or upon terms that may be agreed upon between the said Board and the board or other proper officers of the department from which the purchase may be made.

The costs and expenses of all work to be done or furnished by the City shall be paid for from the special fund for the work provided for in Section 6.161 hereof, or out of any fund which may be provided or advanced by the Council for expenditure for such purposes. The payments so advanced may be reimbursed from the special fund when moneys are available therein.

SECTION HISTORY

Based on Ord. No. 129,015.

Annually on or before January 31st, the Board shall prepare an estimate of the expenditures required for the maintenance and improvement of Open Areas under its charge for the ensuing year and if sufficient funds are not available in the special fund for the purpose, shall file an Assessment Report with the City Council prior to February 28th. The estimate may also include any advance made pursuant to Section 6.160 or any previous year or years’ deficiency pursuant to Section 6.161 and shall include the incidental expenses of the assessment proceedings. The Assessment Report shall include a proposed assessment of all of the estimated costs and expenses of the improvement proposed to be assessed upon the several lots or parcels of land in proportion to the respective assessed valuations of said lots or parcels of land and the improvements thereon as they are shown on the last Equalized Tax Roll of the County of Los Angeles. Said assessment shall show the parcel number for each such lot or parcel of land as the respective numbers appear on the Assessment Diagram on file in the Bureau of Engineering and shall make reference thereto.

The report may contain recommended corrections or changes in the Assessment Diagram, including changes in the parcel numbers, to reflect changes in ownership or the division of lots or parcels of land, as deemed appropriate by the Bureau of Engineering. The Council may order the original diagram corrected or changed as to the division or dimensions of lots or parcels of land within the District in such manner as shall seem just and as may in its judgment be necessary in order that the costs of the work or improvement ordered may be properly assessed against the properties benefited.

Upon presentation of the Assessment Report, the Council shall set a date for the hearing of protests thereto and shall instruct that notices of said hearing be published in the manner provided for in Section 6.143 hereof. At said hearing if no protests are received or if protests are denied by a vote of four-fifths of the Council, the Council shall declare its confirmation of the assessment and shall thereafter, by ordinance, order the improvement as provided in the assessment report.

Immediately thereafter, the City Clerk shall record a Notice of Assessment, as provided for in Section 3114 of the Streets and Highways Code, whereupon said assessment shall attach as a lien upon the property assessed, as provided in Section 3115 of said Code. The lien is superior to all special assessment liens created against the same property after the date of recordation.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: 1st and 2nd paras. Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The annual special assessment levied for maintenance and improvement of Open Areas in any year shall not exceed twenty-five cents on each one hundred dollars of assessed value of taxable land and improvements within the District. The special assessment shall be levied and collected at the same time, in the same manner, by the same officers, and with the same interest and penalties as general taxes levied by the Council.

SECTION HISTORY

Based on Ord. No. 129,015.

The City of Los Angeles, at any time prior to the levy of any assessment provided for herein, shall enter into an agreement with the County of Los Angeles pursuant to Section 51800 of the Government Code for the collection and enforcement by the County of assessments levied pursuant to this article. Notwithstanding any other provisions of this article it shall be sufficient for the ordinance ordering each annual assessment to state the fact that the several assessments shall be connected by and payable to the County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to said general taxes.

The City Engineer shall furnish to County officials each year, in accordance with the agreement, the necessary information regarding the amounts of assessments that are to be billed for and collected by the County during the tax-paying period.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: 2nd Para. Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The proceeds of such annual special assessments shall be paid to the City Treasurer who shall place the same in a special fund, as designated by the Controller of the City of Los Angeles, to the credit of the District and payment shall be made out of such special fund only for the purposes provided for in this article for such District. To expedite the making of any such maintenance or improvement, the Council may at any time transfer into said special fund, out of any money in the General Fund, such sums as it may deem necessary, and the sums so transferred shall be deemed as a loan to such special fund, and shall be repaid out of the proceeds of the assessments provided for in this article.

If a District is organized in any year too late for the levy of a special assessment in that year or in the next ensuing year, the Council is hereby authorized to transfer funds out of the General Fund of the City to the special fund of the District to be used for the payment of the expenses of such District until such time as special assessments receipts are available therefor. The Council shall include in the levy of the special assessment for the District for the first fiscal year in which the assessment may be levied or in ensuing years, a sum sufficient to repay the City the amount so transferred to the District for the portion or portions of the preceding fiscal year or years for which no levy of assessment was made for that purpose. The amount so transferred shall be repaid into the General Fund of the City from the District fund out of the first available receipts from the assessment levied or as determined by the Council.

SECTION HISTORY

Based on Ord. No. 129,015.

If for any reason there shall be a deficiency in the funds derived from the annual assessment for any maintenance or improvement ordered pursuant to this article, including all incidental expenses thereof, the Council may meet such deficiency by an appropriation out of the General Fund or may advance such sums, to be repaid out of the proceeds of the annual assessment for the next or ensuing years, as deemed appropriate by the Council.

SECTION HISTORY

Based on Ord. No. 120,015.

Any unexpended balance remaining in the special fund for the maintenance or improvement after the payment of the costs and expenses of the maintenance or improvement for which the assessment was levied shall be credited to the fund to be raised for the next ensuing period of maintenance for such District. Whenever the Council does not order or reorder maintenance as authorized in this article any such unexpended balance may be retained in such fund to be used, until exhausted by the Board, to defray the costs and expenses of maintaining and caring for the Open Spaces benefiting the District for which the annual assessment had been levied.

SECTION HISTORY

Based on Ord. No. 129,015.

The boundaries of any District may be altered, and contiguous or noncontiguous territory may be annexed thereto. The Council may by resolution fix a time and place for hearing upon the question of annexation of such territory to an existing District. The resolution shall describe the boundaries of the territory proposed to be annexed. The Council may by resolution determine that each parcel of territory annexed or to be annexed to a District should pay its proportionate share of the cost of any improvements constructed prior to such annexation. No such parcel may be annexed until the full amount of its contribution has been determined by the Board and paid. All such amounts paid to the City shall be placed in the special fund of the District and may be used for the purposes for which the proceeds from the annual assessments may be used. The date set for the hearing on the proposed annexation shall be at least three (3) weeks from and after the date of the adoption of the resolution setting the hearing.

SECTION HISTORY

Based on Ord. No. 129,015.

The Council shall cause notice of the time, place and purpose of the hearing to be given by written notice mailed to each owner whose name and address appears on the last Equalized Assessment Roll or as their names appear upon the Real Property Ownership Records of the City Engineer’s office and who owns real property within the boundaries of the territory sought to be annexed. The person directed by the Council to mail such notices shall file, upon the completion of the mailing, an affidavit setting forth the time and manner of the compliance with this section. Such notice shall be mailed at least ten (10) days prior to the date set for hearing.

The Council shall also direct the Clerk to publish a notice once in a newspaper of general circulation within the City at least fifteen (15) days before the date set for hearing. The said notice shall state the time and place of the hearing and shall contain a description of the territory proposed to be annexed or in lieu of such description, the boundaries of the territory proposed to be annexed may be shown by means of a diagram. An affidavit of publication shall be filed with the Clerk.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: 1st Para., Ord. No. 181,595, Eff. 4-10-11.

At the time fixed for the hearing or to which it may be continued, the Council shall hear and pass upon the proposal and any objections

which may be filed to the inclusion of any property within the proposed annexation. The Council, by ordinance entered upon its minutes, may determine that such territory or any part thereof will be benefited by annexation to the District and may order that the boundaries of the District be altered to include such benefited territory.

The Clerk shall endorse the action of the Council on the Assessment Diagram recorded pursuant to Section 6.153 hereof. The lots and parcels of land added to said diagram shall be included in subsequent Assessment Reports by reference to said diagram.

SECTION HISTORY

Based on Ord. No. 129,015.

If, after the formation of a District, the addition of properties to be maintained, and improved as Open Areas by such existing District is proposed, the Council shall adopt a resolution declaring its intention that the cost of maintaining such additional Open Areas shall be borne by the existing District. It shall fix a time and place for a hearing on such resolution, at which hearing any and all persons having any objections to the things proposed to be done may appear and be heard. The resolution shall contain the statement of the estimated annual cost of maintaining such additional Open Areas.

SECTION HISTORY

Based on Ord. No. 129,015.

Notice of the hearing on the resolution shall be mailed at least ten (10) days prior to the hearing to each person to whom land within the existing District is assessed as shown on the last Equalized Assessment Roll or upon the Real Property Ownership Records of the City Engineer’s office, at the person’s address as shown upon such roll or records. At the hearing, the Council shall hear and pass upon any and all protests to the maintaining and improving of such additional Open Areas by the existing District and the Council’s decision shall be final and conclusive. At the conclusion of the hearing, the Council may by resolution, order that the expenses of maintaining and operating such additional Open Areas shall be a charge upon the existing District.

SECTION HISTORY

Based on Ord. No. 129,015. Amended by: Ord. No. 181,595, Eff. 4-10-11.

Any portion of any District which will not be benefited by remaining within the District may be withdrawn therefrom. The Council may by resolution fix a time for a hearing on the question of the withdrawal of any portion of a District which will not be benefited by remaining within the District. The time for the hearing shall be not less than ten (10) days or more than thirty (30) days after the date of the adoption of the resolution. The Council shall, at least ten (10) days prior to the time so fixed, cause a notice of such hearing to be published by one insertion in a newspaper of general circulation published within the City. Copies of the notice shall also be posted at least ten (10) days prior to the date fixed for hearing in at least three (3) conspicuous places within that portion of the District sought to be withdrawn and in at least three (3) conspicuous places within the remaining portion of the District.

SECTION HISTORY

Based on Ord. No. 129,015.

Any person interested may appear at the hearing and object to the withdrawal of said portion from the District or may object to the continuance of the remaining territory as a District. The Council shall consider and pass upon all objections and if it finds that the portion of the District sought to be withdrawn will not be benefited by remaining within the District and that the remaining territory not sought to be withdrawn will be benefited by continuing as a Maintenance District, then it shall by ordinance order such withdrawal and the continuance of the remaining territory as a District.

SECTION HISTORY

Based on Ord. No. 129,015.

Any District may be dissolved by the City Council. The Council upon its own motion may adopt a resolution declaring its intention to dissolve the District and may fix a time for a hearing upon such dissolution. The time for such hearing shall be not less than ten (10) nor more than thirty (30) days after the date of adoption of such resolution, and the Clerk shall, at least fifteen (15) days prior to the time so fixed, publish notice of such hearing by one (1) insertion in a newspaper of general circulation published within the City and cause printed copies of such notice to be posted in at least three (3) conspicuous places within the District.

SECTION HISTORY

Based on Ord. No. 129,015.

At the time appointed for such hearing, or at any time to which it is adjourned, the Council shall hear and pass upon the question of dissolution and all objections and protests and may grant or deny the same. Its decision thereon shall be final and conclusive. If the Council determines that the District shall be dissolved, it shall, by ordinance, order the dissolution of the District and the District shall thereupon be dissolved. The maintenance of the Open Areas of such District may be continued thereafter until the funds collected for the purpose of such maintenance have been expended for that purpose or such funds may be returned in cash to the person or persons who paid the next preceding annual assessment in the proportion which each such assessment bears to the total assessment levied that year.

SECTION HISTORY

Based on Ord. No. 129,015.

This article shall be liberally construed in order to effectuate its purposes. If any provisions hereof, or the application thereof to any person, property or circumstance, is held invalid the remainder of this article, or the application of such provision to other persons, property or circumstances, shall not be affected thereby.

SECTION HISTORY

Based on Ord. No. 129,015.