§ 4.95.140. Changes in organization.

A.

The board of directors, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes in organization:

1.

The annexation of territory to an existing district formed pursuant to this chapter;

2.

The detachment of territory from an existing district formed pursuant to this chapter;

3.

The dissolution of an existing district formed pursuant to this chapter; or

4.

The consolidation into a single district of two or more existing districts formed pursuant to this chapter.

B.

Proceedings for changing organization may be:

1.

Undertaken subsequent to or concurrently with proceedings for the formation of the benefit assessment district hereunder. Any or all such proceedings may be conditioned upon the completion of any other or all such proceedings;

2.

Combined with proceedings for the formation of a benefit assessment district hereunder. In such case, any of the several resolutions, reports, notices or other instruments provided for in this chapter may be combined into single documents.

C.

Except as otherwise provided herein, proceedings for a change of organization shall be initiated, conducted and completed in substantial compliance with the procedures provided herein for the formation of a benefit assessment district.

D.

In annexation proceedings, the resolutions, report, notices of hearing and right of majority protests shall be limited to the territory proposed to be annexed. Notice of hearing shall be in compliance with Section 4.95.110. Mailed notice may be dispensed with, however, as to all property owners who have filed a written request for annexation of their property.

E.

If all of the owners of property within the territory proposed to be formed into a benefit assessment district, or proposed to be annexed to an existing district, have given written consent to the proposed formation, consolidation or annexation, the territory may be formed into a benefit assessment district, or annexed to or consolidated with an existing district, as the case may be, without notice and hearing or filing an engineer's report, or both.

F.

In the event that an ordinance of the city requires the installation of any improvements described in this chapter by a subdivider, the resolution of intention may state that the territory owned by the subdivider comes under the terms of such ordinance and order that such territory be formed into a benefit assessment district, or annexed to an existing district, without notice and hearing or filing of an engineer's report, or both.

G.

In detachment proceedings, the resolutions, report, notices of hearing and right of majority protest shall be limited to the territory proposed to be detached. The board of directors may dispense with:

1.

The resolution and report otherwise required by Section 4.95.130 and may initiate proceedings by the adoption of the resolution of intention; and

2.

Posted and mailed notice of hearing.

H.

In dissolution proceedings, the board of directors may dispense with the resolution or report otherwise required by Section 4.95.130 and may initiate dissolution proceedings by the adoption of a resolution of intention. The board of directors may dispense with posted and mailed notice of hearing. If the board of directors orders the dissolution of a benefit assessment district, any moneys in the improvement fund for the district shall be transferred to the general fund of the city.

I.

Notwithstanding any other provision of law, the single benefit assessment district resulting from a consolidation under this chapter shall assume all assets and liabilities of the districts consolidated, and shall be entitled to all of the revenues to which each of the separate districts involved in the consolidation would have been entitled had such districts not been so consolidated.

(Ord. 6092 § 1 (part), 1985)