A. The assembly shall hold a public hearing on the necessity of the proposed improvement. After the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement.

B. The assembly may determine to increase or decrease the extent of the proposed improvement or the number of properties benefited thereby; provided, that if the assembly determines to proceed with an improvement of greater extent or benefiting more properties than proposed, the determination to proceed shall be treated as the initiation of an assessment district by the assembly under KIBC 4.40.020.

C. Where a determination to proceed is not treated as the initiation of an assessment district by the assembly under subsection B of this section, the determination shall be in the form of a resolution forming an assessment district. The resolution shall find that the proposed improvement is necessary and of benefit to the properties to be assessed, and that the district was initiated in accordance with KIBC 4.40.020. The resolution shall describe the improvement and its location, the properties to be assessed, and the method of allocating the improvement cost among the benefited properties. The assembly’s findings as to compliance with KIBC 4.40.020 and as to the necessity of the proposed improvement shall be conclusive. [Ord. 80-29-O §1, 1980].