§ 49.1. Street improvements—Authority.

In addition to any power which is now or may hereafter be granted to it, the City of Shelby shall have power, by resolution of its city council, to make street and sidewalk improvements and to defray the expense of such improvements by local assessment without the necessity of petition being made therefor; provided, however, the following conditions are met:

(a)

For a period of not less than six (6) weeks immediately prior to the meeting of the city council at which its resolution to cause such local improvements to be made is considered, the city council shall cause to be circulated among the owners of the property abutting upon such street or sidewalk a petition for such improvements;

(b)

The city council shall give at least ten (10) days' written notice to each owner of property to be assessed of a public hearing to be held by the city council immediately prior to its considering any resolution to make street or sidewalk improvements and to defray the expense of such improvements by local assessment, without petition therefor being made;

(c)

Immediately after such hearing and immediately prior to acting upon such resolution, the city council shall find as a fact in the case of proposed street improvements that the street to be improved is an unimproved portion of a continuous street between improved portions thereof, or is an unimproved street between improved parallel streets; that the length of unimproved portion of street does not exceed two thousand four hundred (2,400) lineal feet; and that the public interest requires that the improvement of said street be made by reason of heavy traffic which renders it unsafe to the traveling public; or, in the case of proposed sidewalk improvements, that such proposed sidewalk improvement is an unimproved portion of sidewalk between two (2) improved portions of sidewalk; that the length of unimproved portion of sidewalk does not exceed two thousand four hundred (2,400) lineal feet; and that by reason of heavy pedestrian traffic in the street parallel to said sidewalk, it is necessary in the interest of pedestrian safety that such sidewalk improvement be made.

(Session Laws 1971, ch. 267, § 1)

Editor's note— Session Laws of 1971, ch. 267, section 1, amended the 1901 Charter by adding sections 49.1—49.3 as set out herein.