Ord64 1128 - Laserfiche WebLink

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CHAPTER 10 Sections 1UUb Preliminary Determination. The resolution initiating the proceedings shall be entitled a resolution of preliminary determination and of intention, and in it the council shall preliminarily determine that the public interest, convenience and necessity require the acquisitions or improvements. 1007 Notice of Necessity,. The notice of improvement and the notice to property owners shall contain a recital of the preliminary determination of the council, and of the intention of the council, at the public hearing fixed therein, to con- sider and finally determine whether the public interest, con venience and necessity require such acquisitions or improve- ments, and that all persons may appear and be heard with reference thereto. 1008 Protests. Any person interested may file written pro- tests and be heard in relation thereto, in the same manner as provided for protests in the improvement proceeding. Oral protests may also be made and shall be heard as to such necessity. 1009 Hearin. The council shall hear all persons interested, and take and consider oral and documentary proofs as to whether the public interest, convenience and necessity require the acquisitions or improvements as proposed. 1010 Jurisdiction - Final Determination. If no protests are made against the public interest, convenience and necessity of any of the proposed acquisitions or improvements or, if made, have been considered and overruled either (a) by a majority of the members of the council, or (b) if written protests signed by the owners (or their personal representatives) of more than one -half of the area of the land to be assessed for said acquisitions or improvements as proposed, by the votes of 4/5 of all the members of the council, then the council shall have jurisdiction to pro- ceed and may adopt a resolution of final determination. 34