Notice of resolution of necessity - Publication and mailing.

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A. The resolution of necessity shall be published in at least two (2) consecutive Thursday issues of a daily newspaper, or at least two (2) consecutive issues of a weekly newspaper, which newspaper shall be of general circulation in the municipality.

B. Not less than ten (10) days before the date of the first hearing affecting the proposed district, as set forth in the resolution of necessity, the clerk shall notify each listed owner of lots or tracts of land within the district as shown by the current year's tax rolls in the county treasurer's office, which list shall be furnished by the engineer, as follows:

1. By mailing a postal card directly to the listed owner at his last-known address as shown by the tax roll, notifying the owner of the initiation of proceedings and advising him that his property, describing it, will be liable to assessment to pay for the improvement, and referring him to the newspaper and issues thereof in which the resolution is or will be published for further particulars; or

2. In lieu of mailing the postal card, by mailing to each of the listed owners a copy of the newspaper publication, which mailing shall not be less than ten (10) days before the first hearing.

If several tracts appear to be owned by the same person, all may be included in the same notification.

C. Proof of the notification given shall be made by affidavit of the clerk and filed in his office. However, the failure of any one or more listed owners to receive the notification shall not invalidate any of the proceedings hereunder.

Laws 1977, c. 256, § 37-212, eff. July 1, 1978.


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