(A) The Council shall hold a public hearing on any proposed improvement under this chapter, prior to authorization of such improvement, following publication in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost of operation of the same, and the area proposed to be assessed. The hearing shall not be less than 3 days nor more than 60 days after such publication.
(B) Not less than ten days before said hearing, notice thereof shall also be mailed to the owner of each parcel within the area proposed to be assessed, but failure to give mailed notice or any defects in the notice shall not invalidate the proceedings.
(1) For the purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Auditor or County Treasurer; but other appropriate records may be used for this purpose.
(2) The owners of property which is tax exempt or subject to taxation on a gross earnings basis and is not listed on the records of the County Auditor or the County Treasurer, shall be ascertained by any practicable means and mailed notice shall be given to them as herein provided.
(3) The Council may also take such other steps prior to the hearing as will in its judgment provide helpful information in determining the desirability and feasibility of the improvement.
(C) The hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the Council when the improvement has been petitioned for by the owners of not less than 35% of frontage of the real property abutting on the street named in a petition as the location for the improvement.
(1) When there has been no such petition, the resolution may be adopted only by a vote of four- fifths of all members of the Council.
(2) The resolution ordering the improvement may reduce, but not increase the extent of the improvement as stated in the notice of hearing.
(D) Whenever all owners of real property abutting upon any street or alley named as the location of any improvement shall petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. The validity of such resolution shall not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adoption of the resolution.
(E) Any improvement hereunder may be terminated in the same manner as it may be authorized.
(`77 Code, § 4.102)