[1971 Charter Laws, §§ 278-281; Laws of N.Y.
(1915) ch. 535, § 92]
(a) Ten freeholders residing in the city may present to the common council a petition in writing requesting it to consider the making of improvements for any of the purposes stated in section
LL5-2 and, when lands are necessary to be acquired, it shall describe the land to be taken, the names and residences of the owners thereof, when known, and, if a street is to be narrowed or discontinued, the names of the owners of the adjoining lands when known. The petition shall be filed in the office of the city clerk.
(b) On presentation of such petition, the common council must meet and
examine such petition. If it decides that the improvement ought probably
to be made, it shall so decide by resolution. It may likewise so decide
upon its own motion and without such petition.
(c) Upon making such decision, the common council must fix a time when
it will meet and consider objections to the making of such improvement
and the taking of such land, if any is to be taken, and it shall thereupon
give at least 10 days notice by certified mail of the time and place
of such hearing. The notice must describe the land proposed to be
taken, the names of the owners thereof, when known, and if a street
is to be narrowed or discontinued, the names of the owners of the
adjoining lands, when known, and the general purpose of the improvement.
The notice must be given by certified mail as provided in this subsection
to the owner of the land, or in a case of narrowing or discontinuing
a street or mapped street, adjoining owners. The notice shall be mailed
to the last known place of residence of the owner. Any person interested
may be heard and introduce testimony before the common council upon
such hearing, and the common council may adjourn such hearing from
time to time as it shall deem necessary. If any person upon whom the
notice is served does not appear at the time specified and make objections
in writing to the petition and to the notice as to its form or sufficiency
or generally as to the proposed improvement, specifically pointing
out the facts, omissions, or objections thereto, the person shall
be deemed to have waived objections.
(d) The common council shall hear and determine the matter. If it shall
determine to make such improvements, it shall so declare by resolution
to be entered in its minutes, describing the lands if any are to be
taken, and thereupon it may proceed to take possession of such lands
for such purposes.