A. As authorized by RCW 35.43.140, the City Council hereby provides for delegating, whenever directed by majority vote of the City Council, the duty of conducting public hearings for the purpose of considering and making recommendations on the formation of LIDs and ULIDs to a Hearing Officer appointed under this section, and the Hearing Officer is directed to conduct such hearings in the manner provided by law and make those recommendations when thus authorized by the City Council.

B. The Hearing Officer shall conduct the formation hearing to be commenced at the time and place designated by the City Council, cause an adequate record to be made of the proceedings, and make written findings, conclusions and recommendations to the City Council following the completion of such hearing, which may be continued and recontinued as provided by law whenever deemed proper by the Hearing Officer.

C. The recommendations of the Hearing Officer shall be reported to the City Council and they also shall be filed with the City Clerk and be open to public inspection.

D. The City Council shall consider, adopt, modify or reject the recommendations of the Hearing Officer in whole or in part, in the discretion of the Council, at a public meeting and shall act by ordinance in forming any LID or ULID. Council consideration and action shall be based on the record made before the Hearing Officer and no further evidence or argument will be permitted.

E. Any appeal from a decision of the City Council regarding formation of an LID or ULID may be made to the Superior Court within the time and in the manner provided by law. [Ord. 414 § 2, 2006.]