Title 36, Chapter 39, Section 8
( 36-39-8)
After the expiration of the time for objection or protest on the
part of the property owners, if no sufficient protest is filed, or
on receipt of a petition for an improvement signed by the owners of
a majority of the frontage of the land to be assessed, if the
petition is found to be in proper form and properly executed, the
governing body shall adopt a resolution reciting that no protest has
been filed or that a petition was filed, as the case may be, and
expressing the determination of the governing body to proceed with
the improvement. The resolution shall state the kind of
improvement, define the extent and character of the same, and
specify such other matters as may be necessary to instruct the
engineer employed by the municipal corporation in the performance of
his or her duties in preparing for such improvement the necessary
plans, plats, profiles, specifications, and estimates. The
resolution shall set forth any and all such reasonable terms and
conditions as the governing body deems proper to impose with
reference to the letting of the contract and the provisions thereof.
The governing body, by such resolution, shall provide that the
contractor shall execute to the municipal corporation a good and
sufficient bond, as provided in Part 3 of Article 3 of Chapter 91 of
this title, and may also require a bond in an amount to be stated in
the resolution for the maintenance of the good condition of the
improvements for a period of not less than five years from the time
of completion, in the discretion of the governing body. The
resolution shall also direct the clerk of the municipal corporation
to advertise for sealed proposals for furnishing the materials and
performing the work necessary in making such improvements. |