Whenever the Council determines that proceedings should be taken
for acquisitions and/or improvements without complying with the provisions
of the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931, a public hearing shall be held on the question of public
convenience and necessity and the hearing shall be called and notice
of time and place thereof shall be given in accordance with the provisions
of this article.
(Prior code § 9-204)
A resolution of preliminary determination shall be adopted describing
the proposed improvement or acquisition and setting a time and place
when and where any and all persons interested may appear and show
cause, if any they have, why the Council should not find and determine
that the public convenience and necessity require the proposed acquisition
or improvement without compliance with said Investigation Act.
(Prior code § 9-205)
The resolution shall contain a notice of the time and place
of hearing. A copy of the resolution, and of the time and place of
hearing, shall be published in one or more issues of a newspaper published
and circulated in the City, and shall be posted and mailed. The resolution
and notice of its adoption may be incorporated in the resolution of
intention and notice of improvement and in the notice to property
owners.
(Prior code § 9-206)
Any person interested may object to undertaking said proceedings
without first complying with the provisions of said Investigation
Act.
(Prior code § 9-207)
If no protests are made, or when protests shall have been heard
and overruled, the Council may adopt a resolution finding and determining
that the public convenience and necessity require the proposed improvements
and/or acquisitions, and that the Investigation Act shall not apply.
The finding may be incorporated in the resolution ordering the improvement
and/or acquisition.
(Prior code § 9-208)
When proceedings are had for a change and modification the resolution
of intention to change and modify shall be deemed a resolution of
intention and the resolution ordering the changes shall be deemed
a resolution ordering the improvement or acquisition as to the changes
and modifications.
(Prior code § 9-209)
The resolution determining necessity shall be adopted by the
affirmative vote of eight members of the Council, and its finding
and determination shall be final and conclusive.
(Prior code § 9-210)
This article is alternative to a proceeding which has been excepted
under the provisions of the Investigation Act, or when proceedings
have been taken pursuant to the Act.
(Prior code § 9-211)
Where proceedings for any improvements and/or acquisitions or
any part thereof have been undertaken without compliance with the
Investigation Act or without proceedings under this article, proceedings
may thereafter be had under this article with reference thereto, and
the order of the Council determining convenience and necessity therein
shall be final and conclusive.
(Prior code § 9-212)
