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.06'25/96 07:46 LAW OFFICES 2140 4TH AVE 4 6124b445bb <br />Mr. Kirk Corson <br />June 24, 1996 <br />Page 2 <br />NO.166 E04 <br />various sections of the M.S. 429 are incorporated by reference to the Lino Lakes City <br />Code through the adoption of Code Section 303. Section 8.04 governs the procedure <br />for special assessments of public improvements which will be financed partly or <br />wholly from special assessments. If the cost of the improvement is not assessed <br />100% to the benefited properties, subdivision 2 of the section requires that the city <br />council must hold an election on the proposed local improvement and assessment <br />formula. Therefore, if it is the intent of the city to establish a street reconstruction <br />plan which specifically assesses a portion of the cost and funds the remainder from <br />general funds, this funding plan would have to be submitted to the residents for <br />approval. <br />In summary, it is my opinion there is a mechanism In the charter which would allow <br />improvements to existing streets. The procedures that must be followed by the city <br />are more cumbersome than those found under Minnesota Statute 429, however, the <br />decision concerning the necessity for changes to these provisions should be made by <br />the charter commission and the council. <br />Sincerely, <br />William G. Hawkins <br />City Attorney <br />WGH:wbd <br />