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649 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.031 <br />shall be a week apart and the hearing shall be at least three days after the last publica- <br />tion. Not less than 10 days before the hearing, notice thereof shall also be mailed to the <br />owner of each parcel within the area proposed to be assessed, but failure to give mailed <br />notice or any defects in the notice shall not invalidate the proceedings. For the purpose <br />of giving mailed notice, owners shall be those shown to be such on the records of the <br />county auditor or, in any county where tax statements are mailed by the county trea- <br />surer, on the records of the county treasurer; but other appropriate records may be used <br />for this purpose. However, as to properties which are tax exempt or subject to taxation <br />on a gross earnings basis and are not listed on the records of the county auditor or the <br />county treasurer, the owners thereof shall be ascertained by any practicable means and <br />mailed notice shall be given them as herein provided. Prior to the adoption of such res- <br />olution, the council shall secure from the city engineer or some competent person of <br />its selection a report advising it in a preliminary way as to whether the proposed <br />improvement is feasible and as to whether it should best be made as proposed or in con- <br />nection with some other improvement and the estimated cost of the improvement as <br />recommended; but no error or omission in such report shall invalidate the proceeding <br />unless it materially prejudices the interests of an owner. The council may also take such <br />other steps prior to the hearing, including, among other things, the preparation of plans <br />and specifications and the advertisement for bids thereon, as will in its judgment pro- <br />vide helpful information in determining the desirability and feasibility of the improve- <br />ment. The hearing may be adjourned from time to time and a resolution ordering the <br />improvement may be adopted at any time within six months after the date of the hear- <br />ing by vote of a majority of all members of the council when the improvement has been <br />petitioned for by the owners of not less than 35 percent in frontage of the real property <br />abutting on the streets named in the petition as the location of the improvement. When <br />there has been no such petition, the resolution may be adopted only by vote of four - <br />fifths of all members of the council; provided that if the mayor of the municipality is <br />a member of the council but has no vote or votes only in case of a tie, the mayor shall <br />not be deemed to be a member for the purpose of determining such four -fifths majority <br />vote. The resolution ordering the improvement may reduce, but not increase the extent <br />of the improvement as stated in the notice of hearing. <br />Subd. 2. Approval by park board or utilities commission. A resolution ordering a <br />park improvement may be adopted only by a four -fifths vote of the council and shall <br />also be approved by the park board, if there is one; provided, that if the mayor of the <br />municipality is a member of the council but has no vote or votes only in case of a tie, <br />the mayor shall not be deemed to be a member for the purpose of determining such <br />four -fifths majority vote. A resolution ordering an improvement of the water, sewer, <br />steam heating, street lighting or other facility over which a utilities commission has <br />jurisdiction shall also be approved by the utilities commission. <br />Subd. 3. Petition by all owners. Whenever all owners of real property abutting <br />upon any street named as the location of any improvement shall petition the council <br />to construct the improvement and to assess the entire cost against their property, the <br />council may, without a public hearing, adopt a resolution determining such fact and <br />ordering the improvement. The validity of the resolution shall not be questioned by any <br />taxpayer or property owner or the municipality unless an action for that purpose is <br />commenced within 30 days after adoption of the resolution as provided in section <br />429.036. Nothing herein prevents any property owner from questioning the amount or <br />validity of the special assessment against the owner's property pursuant to section <br />429.081. In the case of a petition for the municipality to own and install a fire protec- <br />tion system, a pedestrian skyway system, or on -site water contaminant improvements, <br />the petition must contain or be accompanied by an undertaking satisfactory to the city <br />by the petitioner that the petitioner will grant the municipality the necessary property <br />interest in the building to permit the city to enter upon the property and the building <br />to construct, maintain, and operate the fire protection system, pedestrian skyway sys- <br />tem, or on -site water contaminant improvements. In the case of a petition for the instal- <br />lation of a privately owned fire protection system, a privately owned pedestrian skyway <br />system, or privately owned on -site water contaminant improvements, the petition shall <br />