§ 69-1307 — Necessity resolution.

(a) Upon the filing of such plans and estimates with the City or county clerk, the governing body of the city or the board of county commissioners shall examine the same and if found satisfactory shall, by resolution, adopt and approve the same. (b) The resolution shall be published in six consecutive issues of a daily newspaper or two consecutive issues of a weekly newspaper published in the county and having a general circulation in the city. (c) The resolution so published shall provide that if the owners of more than one-half in area of the land liable to assessment shall not within fifteen (15) days after the last publication of the resolution file with the clerk of the city or county, as appropriate, their protest in writing against such improvement, then the city or the county shall have the power to cause the improvements to be made and to contract therefor and to levy benefit assessments under the provisions of this article for the payment of all or part of the cost thereof. (d) If the improvement shall have been protested by the owners of more than fifty percent (50%) in area of the land, the governing body of the city or the board of county commissioners shall not advertise the same again for a period of six (6) months.

Legislative History

Laws 1968, c. 415, § 1307, operative July 1, 1968.