§ 31-33. Public hearing; notice; resolution authorizing improvement; petition for improvement required.

Before any such improvement is made, the board shall hold a public hearing after publishing a notice of such hearing in a newspaper of general circulation in the county and after sending a copy of said notice by registered or certified mail to the record title holder of any property to be specially assessed at least fifteen (15) days prior to the date of said hearing. Said notice shall in general terms describe the proposed improvements, its location, the estimated cost thereof, the amount of such cost that said board contemplates levying and collecting as a special assessment, and the description of the property specially benefitted against which the special assessment is to be made. After said hearing, if the board deems the improvement necessary and advisable, it shall adopt a resolution authorizing said improvement to be made and designating the percentage of the total cost of said improvement which is to be levied and collected by special assessments against the specially benefitted property and describing the property specially benefitted; provided, that no curbs, gutters, drainage facilities and sidewalks shall be constructed under this article unless a petition signed by at least fifty-one (51) per cent of the affected property owners, approving such improvement, has been submitted to the board.

(Ord. No. 73-7, § 3, 9-4-73)