Sacramento Municipal Code Art. VI Dissolution of Maintenance Benefit Area

Any maintenance benefit area may be dissolved by the city council. The city council upon its own motion may adopt a resolution declaring its intention to dissolve the maintenance benefit area and may fix a time for a hearing upon such dissolution. In the alternative, a petition purporting to be signed by the owner or owners of property within the maintenance benefit area sufficient to constitute a majority protest may be filed with the city clerk requesting the dissolution of the maintenance benefit area. Said petition shall be filed not later than seventy-five (75) days prior to the end of the current fiscal year of the city unless the petitioner requests the maintenance benefit area be dissolved at the earliest date for date of dissolution of the maintenance benefit specified in a finding described in Section 3.128.420 of this chapter in which event the petition must be filed not later than seventy-five (75) days prior to that date. (Prior code § 55.06.601)

The time for such hearing shall not be less than thirty (30) days nor more than sixty (60) days after the date of the adoption of such resolution, or filing of the petition, and the city clerk shall, at least fifteen (15) days prior to the time so fixed, publish notice of said hearing in the official newspaper of the city. (Prior code § 55.06.602)

At the time fixed for the hearing on the resolution of intention to dissolve the maintenance benefit area, or at any time to which it is adjourned, the city council shall hear and pass upon the question of dissolution and all objections and protests and may grant or deny same, and its decision thereon shall be final and conclusive. When the hearing has been initiated by the filing of a petition purporting to be signed by the owner or owners of property within the maintenance benefit area sufficient to constitute a majority protest, the maintenance benefit area shall be dissolved if the city council determines that said petition constitutes a majority protest to the continuation of the maintenance benefit area, unless the city council determines to continue the maintenance benefit area by an affirmative vote of four-fifths of the members of the city council. In all other cases, the city council may, in its sole discretion, determine to continue or to dissolve the maintenance benefit area. (Prior code § 55.06.603)

If the city council upon such hearing determines that the maintenance benefit area shall be dissolved, the city council shall, by resolution, order the dissolution of the maintenance benefit area and it shall thereupon be dissolved upon such date as may be specified in said resolution but in no event later than the end of the fiscal year in which the resolution is adopted, unless the resolution of intention creating the maintenance benefit area has contained a finding described in Section 3.128.420 of this chapter, in which event the maintenance benefit area shall dissolve upon the date specified in said finding. (Prior code § 55.06.604)

The city council may, in its resolution of intention adopted pursuant to Section 3.128.080 of this chapter, fix the earliest date following the formation of the proposed maintenance benefit area when said maintenance benefit area may be dissolved pursuant to a majority protest of the owner or owners of property within the maintenance benefit area. No such date shall be fixed unless the city council shall find and determine that:

A. The additional maintenance service is likely to be provided by a contractor of the city; and

B. In order to obtain favorable contract terms it is reasonably necessary to enter into an agreement with the contractor that does not provide for its termination, except for cause, prior to date so fixed by the city council.

In no event shall any such date be fixed which is later than the end of the third fiscal year following the fiscal year in which the resolution of intention is adopted. If such a date is fixed in the resolution of intention, all notices given pursuant to Article III of this chapter shall contain a statement of the date so fixed. (Prior code § 55.06.605)

For purposes of this chapter, ownership of property shall be determined as provided in Section 3.128.180 of this chapter and the sufficiency of a majority protest as provided in Section 3.128.160 of this chapter using the then existing fee imposed by the maintenance benefit area. (Prior code § 55.06.606)