§ 78-242. Declaration of necessity.  


Latest version.
  • All proceedings to install any water main and appurtenances as provided in this article shall be begun by the adoption and entry of a declaration of necessity (referred to in this article as the resolution) by the director of the water services department.

    (1)

    Contents of resolution. Such resolution shall be entered on the records of the department and shall contain:

    a.

    A statement of the nature of the project, including a description, the location of the proposed improvement, and the properties to be benefited.

    b.

    A statement that the project is to be paid for by a front foot assessment against abutting real property.

    c.

    An estimate by the director of the water services department of the whole cost of the project and the probable cost per foot of property to be assessed. If the main proposed is larger than 12 inches, two estimates shall be recorded, one for the cost of a 12-inch main, and another for the whole cost of the proposed main.

    (2)

    Estimate of cost. The director of the water services department shall prepare an estimate of the probable cost of the proposed project, and such estimate shall be open to inspection and discussion at the hearing held on the project.

    (3)

    Error in estimate. Any error or inaccuracy in such estimate as compared with the actual cost of the work as finally determined shall not affect the validity of the proceedings or of any assessments made to pay for such improvement.

(Ord. No. 120551, § 1, 6-28-12)