§ 6-9-109. Hearing.

At the time and place established in the resolution of intention, the City Council shall hear and consider protests filed against the proposed capital improvement, the extent of the area of benefit, the amount of the charges proposed to be levied within said area of benefit, or any or all of the foregoing. The hearing may be continued from time-to-time. If within the time when protests may be filed there is filed with the City Clerk a written protest by the owners of more than one-half of the area of the property proposed to be included within the area of benefit, and if sufficient protests are not withdrawn so as to reduce the area represented to less than said one-half, then the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the City Council. The City Council shall not overrule a majority protest unless it shall find that the public health, safety, or general welfare require that immediate provision be made for the installation of the improvement(s) described in the notice. In the event a majority protest is not withdrawn or overruled, the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this division. If any majority protest which is not withdrawn or overruled is directed against only a portion of the improvement, then all further proceedings under the provisions of this division to construct that portion of the improvement so protested against shall be barred for a period of one year; but the City Council shall not be barred from commencing new proceedings, not including any part of the improvement or acquisitions so protested against. Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

(Code 1976, § VI.N-108; Ord. No. 167, § 8, 5-25-76)