TITLE
Recommendation to adopt resolution overruling protests and determining results of the election; and
DISCUSSION
On September 23, 2008, City Council adopted RES-08-0116, declaring its intention to order improvements and to form Assessment District No. 08-01, and RES-08-0117, preliminarily approving the Engineering Report for the assessment district and calling for a public hearing and a property owner election for the proposed assessment district on November 11, 2008. The September 23rd council letter describing the project is attached as Exhibit A.
On November 11, 2008, the City Council conducted the required hearing and received no public comments during the hearing. The public hearing was closed; however, due to a written protest received by U.S. Mail earlier in the day, it was recommended that the matter of formal consideration of adopting the required resolutions to from the assessment district be held over until December 2, 2008, to give staff time to review the protest letter.
In reviewing the protest letter with legal counsel and the consultant who prepared the Engineers Report, staff feels that all requirements under the State and City codes for the formation of the proposed assessment district have been complied with. A copy of a letter signed by the City's assessment district engineer for the proposed district is attached as Exhibit B. In the event that litigation occurs with respect to the formation of the district, the City's general fund will not be impacted, because a property owner in the proposed district has agreed to indemnify and defend the City in such litigation. This matter was continued to December 16th in order to provide time to finalize the indemnity agreement.
As part of the process for forming an assessment district, the City is required to mail out ballots to each property owner of record within the proposed assessment district as provided for by California law. The ballots were to be turned in prior to the close of the p...
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