§ 86-2. Resolution for improvements; publication required; protest; petition for improvements.

(a)

Whenever the board of commissioners shall deem it necessary to construct, build or improve any street, road or highway or any part thereof, including storm drains, curbs, gutters, catchbasins, sidewalks, streetlights and devices to control the flow of traffic on streets and roads within the unincorporated area of the county or to acquire, construct, build or improve any sewer or water line within the unincorporated area of the county, the board of commissioners shall by resolution declare such improvement necessary to be done, and publish the resolution once in the newspaper in which the sheriff's advertisements of the county are published. If the owners of a majority of the tracts of land abutting on the improvement shall not, within ten days after the date of the publication of the resolution, file with the board of commissioners their protest in writing against such improvement and set forth therein their names and addresses, the board of commissioners shall have the authority to cause the improvements to be made, to contract therefor and to make assessments and fix liens as provided for in section 86-12. Any number of streets, roads or highways or any part thereof, or any number of water or sewer lines or any part thereof, to be so improved may be included in one resolution; but any protest or objection shall be made as to each street, road or highway or any part thereof separately and as to any section of water or sewer line separately.

(b)

If, however, the owners of a majority of the parcels of land liable to assessment for such improvement shall petition the board of commissioners for such improvement and designate in the petition by general description the improvements to be undertaken and the streets, roads, highways or any part thereof, sewer lines or water lines to be improved, constructed or installed, it shall thereupon be the duty of the board of commissioners to proceed, as provided in section 86-5, to cause the improvement to be made in accordance with the prayers of the petition if deemed feasible and desirable by the board of commissioners in the exercise of its discretion. In such cases the resolution mentioned in this section shall not be required. The petition or petitions shall be filed with the county clerk who shall investigate the sufficiency thereof, submit the petition to the board of commissioners, and certify the result of his investigation.

(Code 1978, § 3-2012; Code 1994, § 94-2)