§ 96.035  PUBLIC HEARING ON PRELIMINARY RESOLUTION; DETERMINATION OF COST-EFFECTIVE BENEFITS; ADOPTION OF FINAL RESOLUTION AND ORDER TO PERFORM WORK.
   When a preliminary resolution is adopted under § 96.034, the Town Council shall schedule a public hearing on the matter, and following such public hearing may adopt a final resolution which:
   (A)   Includes a provision stating that after such public hearing the Town Council has determined that the repairs or restoration contemplated in the preliminary resolution are:
      (1)   Reasonable and necessary or desirable; and
      (2)   Would provide benefits to abutting properties justifying the estimated costs of the repairs or restoration.
   (B)   Reaffirms and either restates or incorporates by reference the provisions of the original preliminary resolution (and in the latter case further states that copies of the original resolution are on file with the Clerk-Treasurer and available for public inspection);
   (C)   Includes a provision stipulating that pursuant to I.C. 36-9-36-17 the Town Council has determined that the required work of restoration or repairs of such public sidewalks and/or curbs should properly be performed by the owners of the abutting properties at their individual expense, and that each such property owner is liable for performing such repairs or restoration in respect to any portion of the described public sidewalks or curbs which are abutting to his, her or their particular property; and
   (D)   Ordering that the repairs or restoration of sidewalks or curbs be made.
(Ord. passed 12-18-1989)