§ 153.04 METHOD OF PARTICIPATION.
   Participation by the Town shall be limited by the provisions hereinbefore provided for and shall be undertaken only after:
   (A)   Plans and specifications for such proposed streets or roads have been drawn as required by law, and submitted and filed with and approved by the Town;
   (B)   Bids have been submitted and made pursuant to published notice to bidders, which said notice to bidders shall be published twice, at least one week apart, in a newspaper of general circulation in the Town and which said notice to bidders shall provide notice that bids for the construction of said streets or roads will be awarded at a meeting of the Town Council, not less than 14 days after the first published notice to bidders has been published and which said notice to bidders shall provide that the Town may accept the lowest and best bid and reserves the right to reject any and all bids and which said notice shall set forth where the plans and specifications shall be available to the bidders for their use in preparing their bids; and
   (C)   In the event that the dollar amount of participation to be undertaken by the Town, after bids have been received for a project of street development or improvement as hereinbefore provided for, is less property owner of land abutting the said street or road to be developed or improved with the participation of the Town hereunder satisfies the Town Council, that share of the cost to be undertaken by the Town can, in no event, exceed the sum as referenced by the Fee Schedule in Ch. 35 of this code of ordinances, then the Town in cooperation and jointly with the owner of the land abutting said street or individually may contract for the Town’s share of the cost or for the total cost of the project and may bill the developer or abutting land owner of the land abutting said street for their share or the Town may permit the developer or owner of the land abutting said street to enter into a contract for the entire project with the contractor, and the Town may participate by making payment of its share of the cost directly to the owner of the property adjoining said street; provided that, payment therefor shall not be made by the Town until such time as the street improvement has been completed on the particular phase of the total project which has been established for completion at the particular time.
(2005 Code, § 90.04)