(A) Upon the determination of the City Engineer that the public health, safety, welfare, and convenience requires the construction of streets prior to the development of the adjacent property, a resolution of intention to order the improvement shall be submitted to the City Council for approval as set forth below.
(B) Each property owner that may be subject to any assessments under this subchapter shall receive written notice of the City Council consideration of the resolution of intention described above at least ten calendar days prior to the date of the hearing. An affidavit of mailing of such notice shall be filed in the office of the City Clerk.
(C) If the City Council receives any written objections, prior to acting on the resolution of intention to order improvements, the City Council shall hold a public hearing. The public hearing shall be for the purpose of receiving comment on whether the proposed improvements are required for the public health, safety, welfare, and convenience.
(D) After the public hearing is concluded, the City Council shall determine whether the public health, safety, welfare, and convenience require the street improvements. If the City Council so determines, then the City Council shall adopt the resolution of intention to order the improvement. The determination shall include that the street improvements shall be constructed or improved at city expense. The expense shall be assessed against each property owner in accordance with the provisions of this subchapter.
(E) The resolution of intention to order the improvement shall contain:
(1) A description of the street, road or highway to be improved;
(2) A general description of the proposed improvements, including the estimated total cost and cost per linear foot; and
(3) The estimated cost of assessment for each affected parcel of property.
(F) The City Council's decision on necessity for street improvements and construction shall be final and conclusive, and such decision shall result in the assessment of property under this subchapter, subject to appeal as set forth below.
(Prior Code, § 19-13.1-1) (Ord. O08-07-13, passed 7-10-2008)