§3452. Petition for improvement; publication; addition or withdrawal of names

A. Whenever the owners of sixty percent or more of the real property abutting on any street, sidewalk, or neutral ground, or any portion thereof, present a petition to the governing authority requesting a local improvement or improvements for the street, sidewalk, or neutral ground, or any portion thereof, upon which their properties abut, said petition to contain a general description of the improvement or improvements contemplated, the governing authority shall have the petition published in English in the official journal of the municipality four times within fifteen days. At any time on or before the tenth day following the last publication of the petition, property owners may withdraw their signatures from the petition, and at any time on or before twenty days following the date of last publication, any property owners of abutting property within the limits of the proposed improvement or improvements may add their signatures to the petition. The withdrawals and additions shall not necessitate the republication of the petition.

B. If, at the expiration of the time for withdrawing signatures from the petition, or at the expiration of the time for adding signatures, the petition as modified represents not less than sixty percent of the total property frontage included within the limits of the proposed improvement or improvements, the governing authority may, without further delay, have prepared the necessary plans and specifications for the improvement or improvements, and adopt a resolution or ordinance authorizing the advertisements for bids therefor, by giving notice, calling for sealed bids for the construction of the improvement or improvements. The notice shall be signed by an authorized officer of the municipality and shall be published for three times in at least two consecutive weeks, the last publication being in the last week, in a newspaper published in the municipality, or if there is none, publication may be made in any newspaper having a general circulation in the parish where the municipality is located, the first insertion to be not less than thirteen days prior to the reception and opening of the bids. The notice shall contain a general description of the improvement or improvements contemplated, shall refer to the plans and specifications which shall be placed on file with the clerk or secretary of the municipality, and shall designate the hour, date, and place for the reception and opening of bids, and may provide that the contractor be required to accept certificates of the municipality in payment for the work performed, and may stipulate that the right is reserved to reject any and all bids. Where the municipality has undertaken to construct the improvement or improvements, instead of being required to advertise for bids, and award the contract for the construction of the improvement or improvements as prescribed in this Section, the governing authority may advertise in the manner hereinabove provided, for sealed bids for the purchase of materials, equipment, and supplies necessary for the improvement or improvements, with the right to reject any and all bids, and may thereafter, without further advertisement, purchase the materials, equipment, and supplies, provided that the prices at which the purchases are made shall not be greater than that specified in the lowest sealed bid received for the materials, equipment, and supplies, or any of them. If no bids were received, the purchase may be made at market prices without further advertisement. The total cost of the improvement or improvements, including labor, materials, equipment, and supplies, together with engineers' and attorneys' fees, and all other expenses incidental to the cost of the improvement or improvements, shall be assessed and paid in the manner and form provided in this Subpart.

Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon. Amended by Acts 1980, No. 295, §1.