(A) Contents. In lieu of the aforementioned procedures, special assessments involving fifty (50) property owners or less and involving a project expenditure of twenty-five thousand dollars ($25,000) or less may be initiated by the submission of a petition signed by a majority of the property owners of all the parcels within an assessment area. The following shall be submitted with the petition:
(1) Map of assessment area;
(2) Number of lots or parcels of properties within the assessment area;
(3) List of property owners' names, addresses, and legal descriptions of properties specifically benefitted by the special assessment;
(B) Where obtained. Petitions shall be obtained from the office of the City Clerk.
(C) Number of signatures. Petitions must contain the signatures of more than fifty percent (50%) of the parcels within an assessment area. Petitions signed by any one (1) of the owners of record of a parcel shall be considered the vote of all owners of such parcel.
(D) Form and content. Each page of a petition shall be numbered, shall be uniform in size and style, and shall be executed in ink, followed by the printed name of the person signing, the legal description of the property owned by the signor, if known, and the place of residence giving the street and number or other description sufficient to identify such residence. Each page provided for signatures shall contain a caption describing the municipal improvements being requested within the assessment area and advising the property owners that if the project is approved by the City Council, it will be implemented in accordance with law.
(E) Affidavit of circulator. Each petition shall have attached to it, when filed, an affidavit executed by the circulator indicating the number of pages and the number of signatures contained therein, that the circulator personally circulated the paper, that the circulator believes them to be signatures of property owners within the assessment area, and that each property owner had an opportunity before signing to read and understand the purpose of the petition.
(F) Certificate of City Clerk. Within twenty (20) days after the petition has been filed, the City Clerk shall certify as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the circulator of the petition. Grounds for insufficiency are only those specified in Subsections (C) through (E) above. The circulator may continue to submit amendments to the petition until it is determined sufficient. The City Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
(G) Action by city. When a petition has been determined sufficient and presented to the City Council, the city may proceed with the special assessment in accordance with law.
(H) Majority of property owners. A determination of a majority of property owners shall be made by dividing the total number of parcels represented by valid signatures on the petitions by the total number of platted lots and/or parcels of land of record in the designated assessment area in accordance with the records of the property appraiser's office, the quotient of which must be greater than fifty percent (50%).
('74 Code, § 19½-47) (Ord. 89-06, passed 4-20-89; Am. Ord. 2002-68, passed 11-7-02; Am. Ord. 2010-80, passed 11-4-10)