(A) If the Town Council finds that any portions of public sidewalks and/or public curbs are in an unsatisfactory and dilapidated condition for any reason, they may adopt a preliminary resolution:
(1) Stating such finding;
(2) Describing by location the affected portions of public sidewalks or curbs;
(3) Describing the general nature of repairs or restoration contemplated;
(4) Including or incorporating by reference cross-sections, plans and specifications, which shall be placed on file with the Clerk-Treasurer and made available for public examination and so stated in the resolution, showing the condition to which the affected public sidewalk or curbs are to be repaired or restored; provided, however, that unless the Town Council contemplated restoration and repairs to specifications differing from those to which the sidewalks or curbs were originally constructed, the original condition of the sidewalks or curbs as newly constructed shall be presumed to constitute the cross-section, plans and specifications required under this division (A); and
(5) Estimating the costs of the required work.
(B) When a preliminary resolution is adopted under this section, notice of the resolution shall be published in accordance with I.C. 5-3-1. The notice need not include the entire text of the resolution, but shall call attention to its passage and the location of public sidewalks or curbs to which it applies, and shall state the time and place of the public hearing required under § 96.035.
(Ord. passed 12-18-1989)