§ 20-254. Petitions.

The form and requirements for petitions for local public improvements shall be established by the manager.

(a)

No petitioner, his heirs or assigns, shall be permitted to withdraw from a petition after such petition has been filed with the department of public works unless the proposed improvement is not advertised for remonstrances within nine (9) months from the filing of the petition with the department, and any petitioner who fails to withdraw prior to advertising shall be deemed to have waived his right to withdraw.

(b)

When the owners of the real property which would bear thirty-five (35) or more percent of the estimated cost of a proposed improvement have filed a regularly executed petition therefor, the manager shall advertise such improvement for remonstrances unless in his judgment, the proposed improvement is not good and sufficient for the particular locality. When the owners of the real property which would bear less than thirty-five (35) percent of the estimated cost of a proposed improvement have filed a petition therefor, the manager, in his sole discretion, may reject the petition or may advertise the proposed improvement for remonstrances; provided, however, that no improvement proposed by petition shall be advertised for remonstrances if the preliminary informal estimate of the city engineer exceeds by more than ten percent the maximum unit cost stated in the petition. The estimate of the city engineer shall be conclusive for this determination.

(Ord. No. 757-05, § 2, 10-17-05)