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(1) After the Public Works Director has completed the report required in Section 3.902, the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district. Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted.

(2) A second public hearing is required after the improvement has been accepted by the City if the actual costs of the improvement exceed the estimate by more than ten (10%) percent. The City Council shall not approve a cost increase over ten (10%) percent unless an exception is approved. An exception may be approved only if the applicant can show legitimate circumstances beyond the applicant’s control that caused the cost increase. If the actual costs are within 10% of the original estimate, the City Council delegates authority to the City Manager to amend the original reimbursement agreement reflecting the actual costs and fees. The applicant shall record the amended agreement in the Official Records of Jackson County and shall return the original recorded amended agreement to the City Recorder’s Office for filing. Notice of the amended agreement shall be provided to all benefiting properties within the district within ten (10) days of recordation.

[Added Sec. 5, Ord. No. 2007-84, Apr. 19, 2007.]