(A) At the time of the public hearing, the Council shall hear and consider any written remonstrances and any testimony, both oral and written, on the proposed local improvement and may continue the hearing as it deems necessary. If the written remonstrances shall represent less than the amount of property required to defeat the proposed improvement, then, after such hearing, the Council may in its discretion order the local improvement to be made. If the Council elects to order such improvement, it shall, within 90 days after the date of the hearing, provide by ordinance for the establishment of the local improvement district and the construction of the improvement.
(B) Notwithstanding the fact that the proposed improvement was petitioned for by one-half of the benefited property owners, the Council may refuse to proceed with the improvement if it finds the proposed improvement to be untimely or not in the best interests of the city.
(C) At the public hearing, the Council may direct a modification of the proposed local improvement by revising the scope of the improvement, by reducing or enlarging the local improvement district which it deems will be benefited by the improvement or make such other modifications in the proceedings as it finds reasonable. If the Council modifies the scope of the improvement so that assessment is likely to be increased upon one or more lots, or if the Council enlarges the local improvement district, or if the Council causes a substantial change in any of the particulars contained in the improvement resolution, a new improvement resolution shall be adopted, new estimates made and new notices mailed to the owners within the proposed local improvement district. However, no new publication shall be required.
(Ord. 931, passed 4-7-1975)