Upon the introduction of an ordinance
providing for such fill, if the city council or commission
desires to proceed, it shall fix a time, not less than ten days,
in which protests against said fill may be filed in the office of
the city clerk. Thereupon it shall be the duty of the clerk of
said city to publish in the official newspaper of said city in at
least two consecutive issues thereof before the time fixed for
the filing of protests, a notice of the time fixed for the filing
of protests together with a copy of the proposed ordinance as
introduced.
Protests against the proposed fill to be effective must be
filed by the owners of more than half of the area of land
situated within the proposed filling district exclusive of
streets, alleys and public places on or before the date fixed for
such filing. If an effective protest is filed the council shall
not proceed further unless two-thirds of the members of the city
council vote to proceed with the work; if the city is operating
under a commission form of government composed of three
commissioners, the commission shall not proceed further except by
a unanimous affirmative vote of all the members thereof, if the
commission is composed of five members, at least four affirmative
votes thereof shall be necessary before proceeding.
If no effective protest is filed or if an effective protest
is filed and two-thirds of the councilmembers vote to proceed
with the work or in cases where cities are operating under the
commission form of government, the commissioners vote unanimously
or four out of five commissioners vote to proceed with the work,
the city council or commission shall at such meeting or in a
succeeding meeting proceed to pass the proposed ordinance for the
work, with such amendments and modifications as to the said city
council or commission of said city may seem proper. The local
improvement district shall be called "filling district No.
. . . ."
[2009 c 549 § 2094; 1965 c 7 § 35.56.040. Prior: 1913 c 16 § 2, part; RRS § 9450, part.]