12-614. Resurfacing and repair of paved streets; bonds; protest petition; election.
12-614
12-614. Resurfacing and repair of paved streets; bonds; protest
petition; election.
Whenever the governing body of any incorporated city shall deem it
necessary to resurface or repair any paved street or any portion thereof,
which paved street was originally curbed, guttered and a base and surfacing
constructed in accordance with specifications; and the surfacing of such
paved street by reason of the wear and tear of traffic is in a condition
which requires repairing or resurfacing in order to preserve the base of
same and to provide a reasonably smooth wearing surface the same may be
ordered by resolution and shall be done at the expense of the city and the
payment of the cost of such resurfacing or repairing may be made by the
issuance of improvement bonds of the city. Such bonds shall be made payable
at such time as the governing body shall provide by ordinance and the
credit of such city shall be pledged to the payment thereof: Provided,
Before such bonds shall be issued and the work begun under the provisions
of this act, the resolution determining the necessity therefor shall be
published once each week on the same day of the week for two (2)
consecutive weeks in the official city newspaper. Such resolution shall
declare the necessity for and the intention of the governing body to make
such improvement and shall describe in general terms the improvement to be
made, the estimated cost thereof and shall designate the street or portion
thereof to be improved. If within thirty (30) days after the last
publication of said resolution there shall be filed in the office of the
city clerk, not later than 5:00 p.m. on the last day, a protest signed by
qualified electors equal in number to not less than ten percent (10%) of
the electors who voted at the last preceding regular city election as shown
by the poll books, an election shall be called and held within ninety (90)
days after the last publication of said resolution or at the next regular
city election if held within that time. Such election shall be called and
held in the manner provided by law for bond elections. If no protest or an
insufficient protest is filed or if an election is held and the proposition
carries by a majority of those voting thereon, the governing body may
provide for the improvement.
History: L. 1923, ch. 99, § 1; R.S. 1923, § 12-614;
L. 1965, ch. 91, § 1; June 30.