Public improvement projects can be initiated in the following ways:
A. Petition:
1. Public improvement projects may be initiated by petition of owners of the property benefited by the proposed improvement.
2. Public improvements also may be initiated by majority vote of the City Council when, in its judgment, such action is required including projects necessary to protect public health, safety and welfare from an imminent threat.
B. Ordering Improvements:
1. Statute Chapter 429 Assessment Projects:
a. A resolution ordering any improvements initiated by the City Council or by owners of less than thirty five percent (35%) of benefiting property owners shall require a four-fifths (4/5) majority vote of all members of the City Council.
b. A resolution ordering any improvements initiated by owners of not less than thirty five percent (35%) of benefiting property owners shall require a majority vote of all members of the City Council.
c. A resolution ordering any improvements initiated by petition of all owners of benefiting properties waiving all hearing procedures and appeals and assessing the entire cost against their property, may be adopted without a public hearing.
2. Statute Chapter 444 Assessment Projects:
a. A resolution ordering any improvements initiated by the City Council or by owners fifty percent (50%) or less of benefiting property owners shall require a four-fifths (4/5) majority vote of all members of the City Council.
b. A resolution ordering any improvements initiated by owners of more than fifty percent (50%) of benefiting property owners defined in subsection A of this section requires a majority vote of all members of the City Council.
c. A resolution ordering any improvements initiated by petition of all owners of benefited or affected properties, specifically waiving public hearing procedures and assessing the entire cost against their properties, may be adopted without a public hearing.
3. Consideration Of Petition: The City Council may consider the petition of a developer to construct the improvements within a project under their control and authority and assess them subject to the developer agreeing to a waiver of a hearing and a waiver of appeal in a form approved by the City Attorney with said improvements to be ordered by a majority vote of the City Council. (Prior Code § 6-4-3)