04-12-2007 Charter Packet - Laserfiche WebLink

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COMPARISON OF PROCEDURES FOR SPECIALLY ASSESSED IMPROVEMENTS UNDER THE LINO LAKES CITY CHARTER, CHAPTER 8 AND MINNESOTA STATUTES, CHAPTER 429 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 Applicability All "local improvements" shall be carried out under provisions of the Charter. The term "local improvements" means "a public improvement financed partly or wholly from special assessments." When any portion of the cost of any "improvement" is defrayed with special assessments, the procedures under Chapter 429 must be followed unless the council determines to proceed under charter provisions. The term "improvement" means the list of improvements described in Section 429.021. The most common examples are construction and reconstruction of streets, sanitary sewers, storm sewers, and water improvements. Initiation A. By Petition: A local improvement may be initiated by a petition signed by at least 25% "in number of the benefited owners," followed by a city council resolution approved by majority vote stating the nature and scope of the improvement, the number of benefited property owners, and providing a means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total. B. By Resolution: A local improvement may be initiated by resolution adopted by 4/5 of city council, containing the same statement described above. A. By Petition: An improvement may be initiated by a petition signed by 100% owners of property abutting the streets named, requesting council to construct improvement and assess the entire cost against their property. Note: A petition may be signed by less than 100% of the owners, or may seek assessment for less than 100% of cost, but in those cases the process is the same as improvements initiated by council resolution, below. B. By Resolution: An improvement may be initiated by council resolution approved by majority vote, requesting an engineer's report advising in preliminary way whether the improvement is necessary, cost-effective and feasible. The report must also include the estimated cost of the improvement as recommended.