Report Prepared by: Ken Elwin, Director of Public Works
Title
SUBJECT: Maintenance Districts - Assessment Ballot Proceeding Processes
REPORT IN BRIEF
Detail the necessary steps required to conduct an assessment ballot hearing to obtain property owners' approval to increase special benefit assessments, rebuild Fund operating reserve balances, and allow for annual consumer price index adjustments on properties within identified Maintenance Districts.
RECOMMENDATION
City Council - Accept Report for Information Only.
Body
DISCUSSION
Each year the City Council is required to hold a public hearing on the budgets for the various maintenance districts throughout the City. Prior to the enactment of Proposition 218, the City Council handled budget reports for maintenance districts under Government Code Section 54954.6, Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, and Article I of Title 13, Division VIII, of the Merced Municipal Code dealing with maintenance districts.
Subsequent to Proposition 218 enacted by the voters on November 5, 1996, the City must conduct a mail out ballot protest procedure (assessment ballot proceeding), in order to levy increased assessments over the previous year's budgets above the allowable consumer price index report within an assessment district.
The process for Districts that require an increase in assessments are as follows:
* The Public Works Department prepares the engineer's reports and annual budget costs;
* City Council adopts a resolution authorizing an assessment ballot proceeding and sets date for Public Hearing;
* Council opens the public hearing to determine voter approval of increased assessments. Following the public hearing Council shall consider all objections or protests, if any;
* The public hearing is continued to a subsequent meeting to allow staff the required time necessary to open and tally sealed ballots;
* Following the continued public hearing Coun...
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