Title 36, Chapter 39, Section 3
( 36-39-3)
(a) Whenever the governing body deems it necessary to improve any
street or part thereof within the limits of the municipal
corporation, either in length or in width, it shall, by resolution,
declare such improvement necessary to be done and shall publish such
resolution once a week for at least three consecutive weeks in the
newspaper in which the sheriff's advertisements of the county in
which the municipal corporation is located are published. If the
owners of a majority of the lineal feet of frontage of the lands
abutting on the proposed improvement, within 15 days after the last
day of publication of the resolution, do not file with the clerk of
the municipal corporation their protest in writing against the
improvement, the governing body shall have the power to cause the
improvement to be made, to contract therefor, and to make
assessments and fix liens as provided for in this chapter. Any
number of streets or any part or parts thereof to be so improved may
be included in one resolution. Any protest or objection shall be
made as to each street separately. (b) If the owners of a majority of the lineal feet of frontage of
the land liable to assessment for the improvement petition the
governing body for the improvement, citing this chapter and
designating by general description the improvement to be undertaken
and the street or streets or part thereof to be improved, it shall
thereupon be the duty of the governing body to proceed, as provided
in this chapter, to cause such improvement to be made in accordance
with the prayers of the petition and their own best judgment. In
such cases the resolution mentioned in subsection (a) of this Code
section shall not be required. The petition shall be lodged with the
clerk of the municipal corporation, who shall investigate the
sufficiency thereof, submit the petition to the governing body, and
certify the result of his investigation. |