Merced Municipal Code Art. II Applicability to Maintenance Districts Formed Prior to Effective Date Hereof

The provisions of Sections 13.62.040 through 13.62.250 relating to the alternative method for the levy of benefit assessments shall be applicable to maintenance districts formed before the effective date hereof, regardless of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in Sections 13.62.040 through 13.62.250 shall apply.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(a)).

The city council may, by separate resolution, declare its intention to order that the alternative method for the levy of the benefit assessment as provided in this chapter be made applicable to maintenance districts formed prior to the effective date hereof and shall fix therein a time and place for a hearing thereon.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(b)).

Notice of said hearing shall be given by the city clerk who shall cause a copy of said resolution of intention to be mailed, postage prepaid, to the owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation as provided in this chapter, to be published once in a newspaper of general circulation in the city, and to be posted on or near the council chamber door or any bulletin board in or adjacent to the city hall. Said mailing, publication and posting shall be completed not less than ten days prior to such hearing.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(c)).

At any time not later than the hour fixed for the hearing of objections in resolution of intention, the owner of any lot or parcel of property subject to assessment in said maintenance district to pay the costs of said maintenance and operation may make written protest thereto.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(d)).

The city council shall hear and pass upon all protests thereto, and its decision thereon, expressed by resolution, shall be final and conclusive.

(Ord. 1370 § 1 (part), 198 1: prior code § 14A.292(e)).

If the city council finds that protests thereto are made by the owners of more than one-half of the area of the property in said maintenance district subject to benefit assessment to pay said costs of maintenance and operation, no further proceedings shall be taken for a period of six months from the date of the decision of the city council on the hearing, unless the protests are overruled by an affirmative vote of five-sevenths of the members of the city council. The city council may adjourn the hearing from time to time.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(f)).

The procedures under Sections 13.62.040 through 13.62.250 relating to the alternative method for the levy of benefit assessment may be consolidated for hearing purposes with the procedures under Sections 13.62.260 through 13.62.120.

(Ord. 1370 § 1 (part), 1981: prior code § 14A.292(g)).