(a) Necessity of Improvement. When it appears that the public convenience and necessity require an acquisition and/or improvement and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on the said question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this section.
(b) Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Investigation Act.
(c) Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in two or more issues of a newspaper published and circulated in the city, and a copy shall be posted on or near the council chamber door or on a bulletin board in or adjacent to the city hall. The posting and first publication shall be had at least ten days before the date of hearing. The resolution may be consolidated with the resolution of intention and the notice may be incorporated in the notice of improvement.
(d) Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.
(e) Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition.
(f) Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modification shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.
(g) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the council, and its findings and determination shall be final and conclusive.
(h) Nonapplication. This section shall not apply to a proceeding which is excepted from the provisions of the Investigation Act, or when the investigation proceedings have been avoided or taken pursuant to said Act.
(i) Finality. When proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.
(Ord. 2277 (part), 1966: prior code § 40.401)