12-614.   Resurfacing and repair of paved streets; bonds; protestpetition; election.Whenever the governing body of any incorporated city shall deem itnecessary to resurface or repair any paved street or any portion thereof,which paved street was originally curbed, guttered and a base and surfacingconstructed in accordance with specifications; and the surfacing of suchpaved street by reason of the wear and tear of traffic is in a conditionwhich requires repairing or resurfacing in order to preserve the base ofsame and to provide a reasonably smooth wearing surface the same may beordered by resolution and shall be done at the expense of the city and thepayment of the cost of such resurfacing or repairing may be made by theissuance of improvement bonds of the city. Such bonds shall be made payableat such time as the governing body shall provide by ordinance and thecredit of such city shall be pledged to the payment thereof: Provided,Before such bonds shall be issued and the work begun under the provisionsof this act, the resolution determining the necessity therefor shall bepublished once each week on the same day of the week for two (2)consecutive weeks in the official city newspaper. Such resolution shalldeclare the necessity for and the intention of the governing body to makesuch improvement and shall describe in general terms the improvement to bemade, the estimated cost thereof and shall designate the street or portionthereof to be improved. If within thirty (30) days after the lastpublication of said resolution there shall be filed in the office of thecity clerk, not later than 5:00 p.m. on the last day, a protest signed byqualified electors equal in number to not less than ten percent (10%) ofthe electors who voted at the last preceding regular city election as shownby 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 regularcity election if held within that time. Such election shall be called andheld in the manner provided by law for bond elections. If no protest or aninsufficient protest is filed or if an election is held and the propositioncarries by a majority of those voting thereon, the governing body mayprovide for the improvement.

      History:   L. 1923, ch. 99, § 1; R.S. 1923, § 12-614;L. 1965, ch. 91, § 1; June 30.