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The Council shall fix a time and place of public hearing on the question whether the public convenience and necessity require such improvement and shall order such hearing to be held by the Council.
The Council shall also prescribe reasonable notice of hearing to be given by publication and posting, which notice shall satisfy the minimum requirements provided by this article. In prescribing such notice reference may be made to this Charter for particulars.
SECTION HISTORY
Based on Ord. No. 102,700.
The City Clerk shall cause notice of such hearing to be published once in a newspaper of general circulation printed and published in this city. Such publication shall be not less than ten days prior to the date of such hearing.
SECTION HISTORY
Based on Ord. No. 102,700.
The Council shall direct the Board of Public Works to, and such board shall, cause notice of such hearing to be conspicuously posted along the line of the contemplated work, at not more than 300 feet in distance apart, but not less than three in all, or, when the work to be done is only upon an entire crossing or intersection or any part thereof, in front of each quarter block or irregular block liable to be assessed.
If the work is chargeable upon a district, copies of the notice shall also be posted on all the open streets within the district at not more than 300 feet in distance apart on each street so posted, but no proceeding shall ever be held invalid for failure to post any street if this section has been substantially complied with.
In every case all posting must be completed at least ten days before the day set for hearing protests or objections.
SECTION HISTORY
Based on Ord. No. 102,700.
Such notices shall, in legible characters, state briefly the work proposed, designating by its short title or otherwise the act or procedure ordinance under which the project or improvement is proposed to be undertaken; that the costs thereof or a part of such costs shall be assessed against lands to be benefited thereby; the day, hour and place of the hearing; that the Council proposes to find and determine whether the public convenience and necessity require the improvement; and that after such finding the proposed improvement may be ordered without further debt limitation or majority protest proceedings. Other pertinent matters may be included in the notice.
SECTION HISTORY
Based on Ord. No. 102,700.
At the time set for the hearing, protests may be made by any person interested who objects to the determination by the Council that public convenience and necessity require the improvement, or to the ordering of such improvement without further proceedings for majority protest or debt limitations.
SECTION HISTORY
Based on Ord. No. 102,700.
The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of an ordinance ordering the improvement the Council shall consider and pass upon all protests filed and all matters presented and its decision thereon shall be final and conclusive.
If by such decision the Council finds and determines by no less than a four-fifths vote of all members thereof that the public convenience and necessity require such improvement the Council may thereafter, in accordance with the improvement act or procedure ordinance specified or designated for the project, adopt an ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the Council as authorized by the improvement act or procedure ordinance for the project.
After such finding and determination by the Council, the provisions of law for debt limitation and majority protest as mentioned in Article XIII, Section 17, of the Constitution shall not apply, and it shall not be necessary for the Council to prepare or to cause to be prepared, hear, notice for hearing, or report the hearing of any report thereon as to such improvement, except as may be required by the law or procedure ordinance for the conduct of the improvement proceedings.
SECTION HISTORY
Based on Ord. No. 102,700.
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