§ 70.44 VOTING AND NOTICE.
   (A)   If the street is determined to be eligible for consideration, a meeting will be arranged between the applicant’s representative and appropriate city staff to define the petition area, the speed hump location and funding options.
      (1)   The petition area shall have approximately 50 homes and may include a side street to obtain the minimum number of homes.
      (2)   Individual ballots will be prepared using available property information from city records or other public record, prepared by the city and mailed to the properties in the voting area by the city.
      (3)   Each property owner shall return the petition to the city.
      (4)   Each petition period should be a maximum of 60 days.
   (B)   For SFRs, one vote per household located upon the affected street segment is allowed; the voter(s) must reside at the household and be 18 years or older, whether they are owners or tenants thereof. For MFRs, one vote is allowed for the owner of record of the two-family or multi-family residence located upon the affected street segment. Joint or multiple property owners must sign to be counted. Unsigned owners on any petition or ballot will be counted as an opposition vote to the installation of speed humps. In the case of dual joint ownership, both owners must vote in the affirmative or the ballot will be counted as an opposition vote. In case of multiple owners, (more than two) of a particular property, a majority will determine the overall property vote. In cases of a corporate ownership, an affidavit that the signatory is authorized to sign on behalf of the corporation.
   (C)   Persons entitled to vote on any proposed speed hump shall be given notice and a voting ballot via regular mail, mailed to the last known address or address listed with the contact for the property for the Shelby County Property Value Administrator.
      (1)   Each property owner shall return the petition to the city.
      (2)   All petitioners agree in cost sharing portion of $50 per affirmative vote associated with installation of speed hump or humps. All cost share proceeds shall be payable to the city and submitted with the affirmative petition.
      (3)   If the petition sponsor is a homeowners association, the organization may elect to pay $1,700, in lieu of individual property owners share the cost of the speed hump. The cost share proceeds shall be payable to the city and submitted prior to the city distribution of the petition to the individual property owners for voting.
      (4)   If the city is not participating in cost sharing the cost of the speed hump, the cost shall be $100 for each affirmative vote by the property owner or $3,400 by the homeowners association, unless professional fees are incurred by the city.
      (5)   The city may waive cost share requirements and pay 100% cost with Commission approval. The city Commission may also deny a qualified petition for a speed hump.
      (6)   Each petition period should be a maximum of 60 days. If after 60 days, a minimum of two-thirds of the voting area has not approved the speed hump petition, the petition has failed, and checks will be destroyed.
   (C)   For approval, a two-thirds majority of those persons entitled to vote must be in favor of the installation of speed humps.
   (D)   If a speed hump proposal fails for any reason after the completion of the voting process provided herein, then the street segment for which the voting related may not be considered again for a speed hump for a period of two years.
(Ord. 2020-003, passed 2-3-2020)