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Agenda - 04-12-2007-4
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Agenda - 04-12-2007-4
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8/29/2008 3:47:13 PM
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BOCC
Date
4/12/2007
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Agenda
Agenda Item
4
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Minutes - 20070412
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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17 <br />as waived; and if any such objection shall be made and shall not be sustained by <br />the council, the adoption of the resolution ordering the making of the <br />improvement or improvements, as provided in the next following subsection, shall <br />be thefinal adjudication of the issues presented, unless within ten (10) days after <br />the adoption of such resolution proper steps shall be taken in a court of <br />competent jurisdiction to secure relief. <br />(11) After such public hearing, if the city council determines to make the <br />improvement or improvements proposed, the council shall adopt a resolution <br />which shall contain: <br />(a) If the improvement or improvements are to be made by virtue of a <br />petition, a finding by the council as to the sufficiency of the petition. (The <br />finding of the council as to the sufficiency of the petition shall be final and <br />conclusive.) If the improvement or improvements are to be made without <br />petition by virtue of the authority contained in subsection (8) of this <br />section, a finding by the council of such facts as are required by the <br />subsection in order to authorize the council to order the improvement or <br />improvements made without petition; <br />(b) A general description of the improvement or improvements to be <br />made and the designation of the street or streets or parts thereof where <br />the work is to be done; <br />(c) If the improvement directed to be made is the paving of a street or <br />part thereof wherein a street railway or railroad company has tracks, a <br />direction that the company pave that part of the street occupied by its <br />tracks, such part to include the space between the tracks, the rails of the <br />tracks, and eighteen (18) inches in width outside such tracks, with such <br />material and in such manner as the council may prescribe, and that <br />unless such paving shall be completed on or before a day specified in the <br />resolution, the council will cause the same to be done; provided, however, <br />that where any such company shall occupy such street or streets under a <br />franchise or contract which otherwise provides, such franchise or contract <br />shall not be affected by this section, except in so far as may be consistent <br />with the provisions of such franchise or contract; <br />(d) If the improvement directed to be made includes the construction of <br />water mains or sewers, and in order to provide such mains or sewers in <br />the street or streets to be improved it is necessary to extend the same <br />beyond the limits of such street or streets, the resolution shall contain a <br />provision for the necessary extension of such mains or sewers and a <br />further provision that the cost of such extension shall eventually be <br />assessed. against the lots 'or parcels of land abutting on the street or <br />streets in whichsuch extensions are made but that such assessment shall <br />not be made until such time as the council shall thereafter determine; <br />(e) If the improvement directed to be made is the paving of a street or <br />part thereof, or the construction of sidewalks, the resolution may, but <br />need not, contain a direction that the owner of each lot abutting on the <br />part of the street to be improved, connect his lot by means of laterals with <br />water mains, gas or sewer pipes, or any one or more thereof, located in <br />the street adjacent to his premises in accordance with the requirements of <br />
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