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Synopsis of Imp -lent Procedures <br />Proposed Charter A. _ .tdment Comparison <br />Topic <br />Minn. Stat. Chapter 429' <br />Charter <br />Charter Amendment <br />Proposal <br />1. Scope/Applicability <br />Governs only improvements paid, in <br />part, with special assessments <br />Same as Ch. 429 <br />Same as Ch. 429 <br />2. Measurement/Allocation of <br />Special Assessments <br />Benefits = Market Value Increase. <br />Roughly proportionate. <br />Same as Ch. 429 <br />Same as Ch. 429 <br />3. Process by 100% Petition <br />Reports, Hearings, <br />Notices & Subsequent <br />Petitions <br />If initiated by 100% of abutting <br />property owners and 100% costs <br />assessed. <br />No feasibility report required. <br />No public hearing required. <br />Council may order improvement by <br />majority vote <br />If initiated by 100% of <br />benefitted property owners and <br />100% costs assessed. <br />Feasibility report required. <br />Public hearing required. <br />Two weeks mailed, published <br />notice of hearing. <br />60 day waiting period before <br />any action can be taken (50 of <br />the 60 days are waivable by <br />subsequent petition). <br />Council may order project by <br />majority vote. <br />Same as Ch. 429 <br />Same as Ch. 429 <br />Same as Ch. 429 <br />Same as Ch. 429 <br />4. Process by less than 100% <br />Petition <br />Reports, Hearings, <br />Notices & Subsequent <br />Petitions <br />If initiated by 35% of abutting <br />frontage, Council may order project <br />by majority vote. <br />If initiated by less than 35% of <br />abutting frontage, Council may order <br />project by 4/5 (super majority) vote. <br />Feasibility report is required. <br />10 days mailed, two weeks published <br />notice of hearing. <br />Public hearing is required <br />If petition received by 25% or <br />more of benefited owners <br />simple majority vote of council <br />to initiate. <br />If petition received by less <br />than 25%of benefitted property <br />owners a 4/5 vote (super <br />majority) vote is required to <br />initiate project. <br />Feasibility report is required <br />Two weeks mailed, published <br />notice of hearing <br />Public hearing is required <br />No action may be taken by <br />council for 60 days <br />If initiated by 35% of abutting <br />owners Council may order project <br />by majority vote. <br />If initiated by less than 35% of <br />abutting owners Council may order <br />project by 4/5 (super majority) vote. <br />Feasibility report is required <br />10 days mailed, two weeks <br />published notice of hearing. <br />Public hearing is required <br />If greater than 50% of abutting <br />owners object before or at hearing, <br />special meeting is held at least 45 <br />days later. <br />Hearings, Notices & <br />Subsequent Petitions <br />(continued) <br />Council may order project within 6 <br />months of hearing <br />Property owners, proposed to <br />be assessed, have 60 days <br />following hearing to petition <br />against/for project. <br />If petition against is received <br />signed by a majority of owners <br />proposed to be assessed the <br />project cannot proceed at the <br />expense of property benefited. <br />If no objection by petition or <br />election, Council may proceed <br />with the improvement between <br />60 days and 1 year after the <br />public hearing. <br />Council may order project within 6 <br />months of special meeting. <br />If greater than 50% of abutting <br />owners file petition against within <br />30 days of council ordering project <br />the project cannot proceed. <br />5. Referendum <br />None Required. <br />Must hold referendum If <br />funded, in part, from general <br />fund. <br />Subject to reverse referendum if <br />funded in part from ad valorem <br />taxes. Referendum required only if <br />a petition received signed by 12% <br />of the votes cast in the last general <br />city election is filed within 30 days <br />after the project is ordered. <br />6. Reconsideration <br />Not applicable <br />If project is disallowed by <br />petition or vote council shall not <br />vote on same improvement <br />within 1 year of the public <br />hearing. <br />If disallowed by election the <br />question may not be resubmitted <br />for 180 days from date of election. <br />If disallowed a second time may not <br />be resubmitted for 1 year from date <br />of 2nd election <br />7. Cost Increase <br />Not Applicable <br />Bids cannot exceed estimate <br />by greater than 10%. Only <br />allowed to rebid once. <br />Not Applicable <br />8. Special Areas <br />Not Applicable <br />Minn Stat. Chapter 429 <br />governs in 3 special areas. <br />Exception: Provides for opt out <br />for single family owner <br />occupied dwellings. <br />No special areas proposed. <br />1 <br />5/25/2012 <br />