§ 15-6-202 — Initiative resolution; contents; acceptable bids; notice to be published and mailed; caption

(a) Any improvement may be initiated directly by the
governing body by resolution declaring its intention to make
improvements. The resolution shall specify with convenient
certainty the streets or part thereof proposed to be improved,
if the improvements are street improvements, the boundaries of
the proposed assessment district, the character, kind and extent
of the improvements and if paving is involved, the kinds of
paving to be used. The resolution shall specify an estimate of
the cost of the total improvement project and of each proposed
assessment unit, if any, and also an estimate of the contract
price of the total improvement project. The governing body
shall not accept any bids or combination of bids which exceed by
more than ten percent (10%) the estimates of the contract price,
unless the legal owners of record of all property in the
district waive this limitation.
(b) If an improvement will result in a change in existing
street elevations or grades, it is sufficient if the resolution
of intention so states without a description, directly or by
reference, of the extent or location of the change.
(c) If any part of an improvement is to be paid out of the
general fund or road fund of the city or town, or out of funds
available to the city or town from any other source, the
resolution shall so state. If the improvement is to be
maintained by the contractor for a specified period, not to
exceed five (5) years, the resolution shall contain a statement
to that effect and that the charge for maintenance is to be
included in the assessment for the improvement.
(d) The resolution shall fix the time and place, when and
where the governing body will meet to consider any remonstrances
and objections to the proposed improvements, and the time within
which remonstrances and objections must be filed with the city
or town recorder. It shall direct the recorder to give a
fifteen (15) day notice to all legal owners of record of the
property liable to assessment for the proposed improvements by
publishing the resolution in one (1) issue of some newspaper
published in the city or town once a week or more often. If no
newspaper is published within the city or town, notice may be
published in any newspaper of general circulation in the county
once a week or more often. In addition to the publication, a
copy of the resolution of intention shall be mailed, postage
prepaid, at least fifteen (15) days prior to the hearing, to
each legal owner of record of the property within the proposed
district.
(e) The resolution when published and mailed as a notice
shall have the following caption:
"Notice to all persons liable to assessment for the improvement
of (state names of streets or if improvement is not to be
located in the streets, identify by general character and
general location). The governing body of the city (city or town)
on the .... day of .... passed the following resolution of
intention."
The resolution shall be set forth in full immediately after the
caption of the notice.