Part 11 — INVESTIGATION PROCEEDINGS

Before adopting any resolution of intention under any part of this Code where an assessment is to be levied upon the property benefited, excepting street-closing proceedings where no assessment is to be levied, proceedings for reassessment, and assessment readjustment and bond refunding proceedings, a resolution of preliminary determination shall be adopted.

(Prior code § 2600.129.)

Said resolution shall be similar in form to the proposed resolution of intention, excepting that instead of fixing a time and providing for notice of a protest hearing thereunder, it shall contain a notice of a day, hour and place when and where any and all persons interested may appear and show cause, if any they have, why the city council should not find and determine that the public convenience and necessity require the improvement or acquisitions described or referred to in said resolution, without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.

(Prior code § 2600.130.)

Notice of the adoption of said preliminary resolution and of said time and place of hearing shall be given by the city clerk by publishing same in one or more issues of a newspaper published and circulated in the city, and by posting same on or near the council chamber door of said council. Said posting and the first of such publications shall be had at least ten days before said date of hearing.

(Prior code § 2600.131.)

Said notice shall be entitled, "Notice of Proposed Local Improvement," shall state the fact and date of the passage of the resolution of preliminary determination and of the time and place set for hearing, and briefly describe the proposed improvements or acquisitions, and refer to said resolution for further particulars.

(Prior code § 2600.132.)

Any person interested, owning or having an interest in real property within the assessment district, at or before the time fixed for said hearing, may file with the city clerk a written objection to undertaking said proceedings without first complying with the provisions of the Limitation and Majority Protest Act of 1931. Said objection shall bear the signature of the objector and contain a description of his property and a statement of the nature of his interest therein.

(Prior code § 2600.133.)

If no protests are filed as provided herein, or when said protests shall have been heard and overruled, the city council may adopt a resolution finding and determining that public convenience and necessity require the proposed improvements or acquisitions, and that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply.

(Prior code § 2600.134.)

The resolution last stated shall be adopted by no less than four-fifths' vote of the city council, and its finding and determination shall be final and conclusive. Upon its adoption, the city council shall have jurisdiction under this Code, and the provisions of said Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to said proceedings.

(Prior code § 2600.135.)

This part shall not apply to such proceedings in the event that all of the owners to be assessed file with the city clerk a written waiver of such investigation proceedings signed by them, or in the event that the city council shall first comply with the provisions of said investigation act.

(Prior code § 2600.136.)