At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to the proposed work or improvement, may make written protest. Such protest must be in writing and must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest or objection the affidavit of such agent that the agent is duly authorized to sign such protest or objection. Any protest not complying with the foregoing requirements shall not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk, and at the time fixed for the hearing or at any other time to which such hearing may be adjourned, the City Clerk shall present to said Council all protests so filed by the City Clerk. Before the hearing of any protest there shall be filed with the Council, if the Council shall demand it, an affidavit of the employee of the Board of Public Works who posted said notices of local improvement, that such notices have been posted as provided by this ordinance, and the City Engineer shall present to the Council the City Engineer’s affidavit setting forth the time and manner of the City Engineer’s compliance with the provision as to the mailing of postal cards, and the Council shall thereupon cause to be entered in its minutes an order reciting the giving of notice by such posting and mailing and such order shall be prima facie evidence of the facts therein recited. The Council shall hear and consider said protests of said meeting, or at any time to which the hearing thereof may then be continued and pass upon the same, and its decision thereon shall be final and conclusive provided, however, that if the Council finds that said protests are signed by the owners of a majority of the frontage of the property fronting on the streets or parts of streets to be improved all further proceedings shall be stayed and barred for a period of not less than six (6) months from the date of the filing of such majority protests, unless the owners of a majority of such frontage shall, in the meantime, petition for such improvement to be made; except that in case such improvement is for the improvement of a portion of a street adjacent to a portion of the same street previously improved in substantially the same manner as the proposed improvement, and such proposed improvement covers a distance less than one tenth (1/10) of the portion of said street previously so improved, or is not more than two (2) blocks in length and covers a distance less than the portion of such street previously so improved, the work shall not be stayed or prevented by any such protest or objection unless the Council shall deem proper. If such protests are not signed by the owners of a majority of such frontage, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
SECTION HISTORY
Based on Ord. No. 41,060.
Amended by: Ord. No. 181,595, Eff. 4-10-11.