§ 82-416. Procedure.

(a)

When a petition for the construction of a sanitary sewer line has been filed on behalf of a person, or when a recommendation for construction has been made by the head of any board or department of the city, then a public hearing must be held before the city council.

(b)

The clerk of the water and wastewater department shall notify the city council of the impending petition. He shall then give notice to all persons concerned by publication of a notice in the newspaper where sheriff's notices are published for a period of at least 20 days prior to the hearing. The notice shall state the date and location of the proposed public hearing and shall give a general description of the proposed sanitary sewer construction.

(c)

When the clerk of the water and wastewater department has received the plans, specifications, and necessary engineering data with regard to an application for construction of sewer facilities, he shall determine the names of all property owners affected and procure the necessary right-of-way for construction of the sanitary sewer line as specified. Before final approval of any plans he must also ensure that sufficient stub-out connections are designated to adequately serve the territory affected.

(d)

All owners of property abutting the proposed sanitary sewer line who shall be assessed for the cost of construction shall be notified in writing by the clerk of the water and wastewater department at least 20 days prior to the hearing. The clerk shall comply with the intent of this section by addressing all notices to the owners listed on the latest ad valorem tax digest of the county at the addresses indicated. The records of the water and wastewater department showing evidence of the mailing of these notices shall be prima facie evidence, and failure of the owner of any property concerned to receive his notice shall in no way affect the validity of the proceedings or the assessment.

(e)

At the hearing provided for in this procedure any person whose property or interests are affected by the proposed sanitary sewer may appear before the city council either in person or through his agent or attorney. All evidence relevant to the question, whether in support or in objection, may be presented.

(f)

The decision of the city council with respect to the approval or rejection of the proposed sanitary sewer shall be final and conclusive. Any decision by the city council in favor of the construction shall indicate a public need for the sanitary sewer, and this shall make all matters pertaining to the construction of the sanitary sewer and the assessment of costs against the abutting property owners legal and binding.

(Code 1979, §§ 21-106.5—21-106-7, 21-106.9)