Skip to main content
Loading…
This section is included in your selections.

(1) Procedure. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance or, to the extent not so governed, by the applicable general laws of the state. Any such general procedural ordinances shall be passed by a vote of at least two-thirds of the whole council.

(2) New Paving Based on Initiating Petitions Only. Except as provided in subsection (3), the city council shall not have power to levy special assessments for paving hereafter to be made except upon petition signed by the owners, according to the records in the office of the county recorder, of property to an aggregate amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of the assessment district to be created therefor.

(3) Arterial Streets. Subject to the limitations herein contained, the council may, without an initiating petition, levy special assessments for paving an arterial street, but such project may be defeated by a remonstrance signed by the beneficial and record owners of more than half of the lineal frontage of the property to be assessed, if the remonstrances are filed with the city recorder prior to the first public hearing on the proposed project; and, if so defeated, such project may not be proposed for another year on an assessment basis. Nothing herein shall be construed to compel any property owner to pay any portion of the cost of curbs or sidewalks abutting the property, where at the time of initiating the project, there are existing curbs or sidewalks in good condition abutting the property, constructed to the grade and specifications of the city. An arterial street for the purposes of this section is a street designated by the city council to be widened and improved for major traffic flow, when public funds are to be provided in an amount sufficient to provide for such additional capacity. Where an assessment project is initiated hereunder without petition, the notices of the first public hearing shall set forth the maximum amount or rate of special assessment to be levied and no special assessment in excess of said amount or rate made thereafter shall be validly levied for said project.