A. The owners of more than one-half, in area, of the land liable to assessment for any improvement may petition the municipal governing body for the improvement of any street, alley, lane or avenue, or part thereof, not less than one block in length. The petition shall be filed with the municipal clerk. The petition shall state in bold, capitalized letters at the top of the page that the cost of the proposed improvements shall be assessed against the property benefited by the improvements. The petition shall:

1. Describe the character of the improvement desired and the width of the improvement;

2. Indicate the materials preferred by the petitioners for the improvement; and

3. Show that the petitioners are the record owners of the land liable to assessment.

B. The governing body shall determine the sufficiency of the petition and its finding shall be conclusive and binding for all purposes and against all persons. The governing body may conduct hearings on the sufficiency of the petition and compel the attendance of witnesses under oath. No action or suit to question the findings of the governing body on the sufficiency of the petition may be commenced later than fifteen (15) days after such finding.

C. Upon making a satisfactory determination of the sufficiency of the petition, the governing body shall direct the engineer to prepare preliminary plans and estimates, as provided in Section 36-203 of this title, and proceed with the improvement in the manner provided by Sections 36-201 through 36-226 of this title.

Added by Laws 1977, c. 256, § 36-202, eff. July 1, 1978. Amended by Laws 2001, c. 54, § 1, eff. Nov. 1, 2001.