When many owners protest a new district

(a) If the owners of more than fifty-five percent of the area of the land, or if more than fifty-five percent of the owners of the land, in the territory proposed to be included in the district: (1) File written protests with the council, prior to or at the beginning of the hearing, against the establishment of the district, and (2) If protests are not withdrawn so as to reduce the amount of the protests to fifty-five percent or less (of the area of land or of the owners), no further proceedings to create the specified district or to levy the specified special tax shall be taken for a period of one year from the date of the hearing. (b) If property proposed to be included in the district is subject to a lease, the lessee shall be deemed to have and may exercise all of the rights of the owner for notice and hearing and to protest under this section, unless, prior to the closing of the public hearing, the lessor or owner of the property has filed with the council either: (1) A written statement that the lease does not require the lessee to pay the proposed special tax and a written undertaking by the lessor or owner to pay the proposed special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee, or (2) A written waiver of any requirement in the lease that the lessee pay the proposed special tax and a written undertaking by the lessor or owner to pay the proposed special tax and to refrain from imposing the obligation to pay the special tax upon any successor lessee. (c) If the more than fifty-five percent protests are only against the furnishing of a specified type or types of facilities, or against levying a specified special tax, then proceedings to create the district may continue, but those types of facilities or the specified special tax shall be eliminated from the ordinance of formation (if adopted). (1994, ord 94-77, sec 3.)32-27