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A. Notice of Proposed Formation. Following completion of the City Manager's Report, notice of formation of the proposed Reimbursement District shall be mailed by regular mail to the applicant and to all property owners within the proposed District of the benefit as shown on the most recent assessment roll in the possession of the county assessor’s office. Notice shall be deemed effective on date of mailing. Failure to receive notice by the applicant or any affected property owner shall not invalidate or otherwise affect formation of the Reimbursement District.

The notice shall:

1. State that a Reimbursement District has been proposed that includes the property of the person receiving notice.

2. Briefly describe the Reimbursement District, the street, water, sewer or surface water management improvement to be reimbursed, the amount of the District Connection Charge, and the circumstances under which the Charge must be paid.

3. Include a statement that the City Manager's report is available for public inspection, including how a member of the public may review or obtain a copy of the report.

4. State that any property owner within the Reimbursement District may file a written request for a hearing on the proposed formation before the City Council by filing a written request for a hearing as provided in subsection 2 of this section with the City Recorder within fourteen (14) days of the date of notice.

5. State that unless a written request for hearing is filed within the required time period, the Reimbursement District shall be deemed approved on the 15th day following the date of notice.

B. Filing a Request for Hearing. Any property owner within a proposed Reimbursement District may request that a hearing on the proposed formation be held before the City Council by filing a written request for hearing within fourteen (14) days of the date that notice is provided pursuant to subsection 1 of this section. No fee shall be charged for filing a request for hearing. The written notice shall contain the name and address of the person requesting the hearing and a brief statement explaining why the person believes that the proposed Reimbursement District should be modified or not be formed.

C. Modification. Upon receipt of a written request for hearing, the City Manager may either reconsider and/or modify the Reimbursement District as proposed in the City Manager's Report or may schedule the request for a public hearing before the City Council. If the City Manager decides to modify the proposed district, notice of the modification shall be mailed as provided in subsection A of this section, which modification is subject to a request for hearing as provided in subsection B of this section.

D. Hearing. The City shall schedule a public hearing on the proposed Reimbursement District within a reasonable time following the request. Notice of the hearing shall be mailed by regular mail to the applicant and all property owners who received notice of the proposed Reimbursement District as provided in subsection 1 of this section. Notice shall be mailed at least fourteen (14) days before the date of the hearing. The Notice shall set forth the time, date and place of the public hearing and shall include the information required by subsection A(1) through A(3) of this section. The notice shall also state that any person may appear and be heard. At the scheduled time, the Mayor shall open the public hearing and shall take testimony generally on the proposed Reimbursement District. The Mayor may impose reasonable time limits on testimony. Following the close of the public testimony, the Mayor shall bring the matter back to the table for deliberation and decision. The Council shall make a preliminary decision to approve, reject or modify the proposed Reimbursement District as set forth in the City Manager's report. The preliminary decision shall be followed up by adoption of a formal written Order. An order approving formation of the Reimbursement District shall incorporate the City Manager's Report including any modifications, if any, made by the City Council. An order reversing a decision of the City Manager not to form a Reimbursement District pursuant to WVC 3.20.040(C) shall set forth the information required in WVC 3.20.040(A)(1) through (6).

E. Formation. The Reimbursement District shall be deemed to be formed on the fifteenth day following the notice provided in subsection A of this section if no request for hearing is filed, on the fifteenth day following the second notice if the Reimbursement District is modified pursuant to subsection C of this section, or on the date of adoption of the City Council's written order if a hearing is requested and held. Notice of formation shall be mailed by regular mail to the applicant and to all property owners within the proposed district. The notice shall include the date of formation, shall state that a copy of the final City Manager's report or Council Order is available, shall include a telephone number of the City Recorder through whom a copy can be requested, and shall include a short explanation of when the property owner is obligated to pay the District Connection Charge and the amount of the Charge.

F. Recordation. The City Recorder shall cause notice of the formation and nature of the Reimbursement District to be filed in the office of the county recorder so as to provide notice to potential purchasers of property within the district. The recording shall not create a lien. Failure to make such a recording shall not affect the legality of the formation or the obligation to pay the District Connection Charge.

G. Challenge to Formation. No legal action intended to challenge or contest the formation of the Reimbursement District or the methodology or amount of the District Connection Charge shall be filed after sixty (60) days following formation of the Reimbursement District pursuant to subsection E of this section. No legal action may be filed unless the party first exhausted their administrative remedies by requesting and participating in a hearing before the City Council, or by participating in a hearing before the City Council requested by a third party, pursuant to subsections (B) and (D) of this section.