Examination and approval of plans - Resolution of necessity.

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Upon the filing of the preliminary plans, preliminary estimate and assessment plat, the governing body shall examine them and, if found satisfactory, shall adopt and approve them by resolution, and declare such work of improvement necessary to be done. The resolution shall:

1. Contain the time and place that the governing body will hold a hearing on the proposed improvement; and

2. Direct the municipal clerk to give notice as required in Section 37-212 of this title.

The resolution shall further provide that:

1. Any person, firm, corporation, administrator or guardian holding title to the land liable to assessment may file, within fifteen (15) days after the last publication of notice, with the clerk a protest in writing against the improvement; and

2. The municipality may proceed to cause the improvements to be made, contract therefor and levy assessments for the payment thereof, if the record owners of more than one-half, in area, of the land liable to be assessed do not file their written protest as provided in this section.

Laws 1977, c. 256, § 37-211, eff. July 1, 1978.


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