How to create an improvement district without a hearing

A. If the proceedings are initiated by a petition of owners of 100 percent of the area of land which is both within the boundaries designated by them as a proposed improvement district and subject to assessment for the proposed improvement, and if such petition contains or is accompanied by the data and documents to be included in the preliminary engineer's report pursuant to section 14.42.010 , then if the director of public works has approved thereof, or recommended changes or modifications therein which would not require further hearing pursuant to section 14.46.120 , it shall not be necessary to prepare a preliminary report as provided in section 14.40.070 , or to hold the hearing provided for in section 14.46.070 , nor shall it be necessary for the clerk to give, publish, mail or post notices of the proposed improvements as provided in chapter 14.44 , and section 14.46.010 shall be inapplicable thereto. The council may, in the resolution adopted pursuant to section 14.40.070 , create the improvement district as provided in section 14.46.080 and refer the matter to the mayor for preparation of a final report pursuant to section 14.42.070 ; provided further, that if the council so creates the improvement district and if such petition also contains or is accompanied by the data and documents to included in the final report pursuant to section 14.42.070 , then if the director of public works has approved thereof, or recommended changes and modifications therein which would not require further hearing pursuant to section 14.46.120 , it shall not be necessary to prepare a final report as provided in section 14.46.080 , and the director of finance may call for construction bids as provided in section 14.42.090 . If such petition contains or is accompanied by the data and documents to be included in the assessment report pursuant to section 14.42.100 and if the low construction bid received is within the estimate of costs, or if not, and the owners of 100 percent as aforesaid consent, in writing, to the necessary increase in the assessments proposed in the petition, to cover the resulting increased costs of the improvements, then it shall not be necessary to prepare an assessment report as provided in section 14.42.100 , or to hold the hearing provided for in section 14.46.090 , nor shall it be necessary for the clerk to give, publish, mail or post notices of the proposed assessments as provided in chapter 14.44 , and the council may proceed to levy the assessment as provided in section 14.46.150 . B. In the event the council levies the assessment without notices and the hearing provided for in section 14.46.090 , as provided in this section, no bonds shall be issued pursuant to chapter 14.52 unless and until petitioners furnish to county an acceptable title report showing that on the date of publication of notice of assessment, as provided in section 14.50.040 , none of the land which was assessed for the proposed improvements was owned by or subject to any encumbrance in favor of any person who did not sign the petition. (Ord. 801 § 1 (part), 1974: prior code § 25-2.3.1)