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429.031 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 650
<br />contain the plans and specifications for the improvement, the estimated cost of the
<br />improvement and a statement indicating whether the city or the owner will contract
<br />for the construction of the improvement. If the owner is contracting for the construc-
<br />tion of the improvement, the city shall not approve the petition until it has reviewed
<br />and approved the plans, specifications, and cost estimates contained in the petition.
<br />The construction cost financed under section 429.091 shall not exceed the amount of
<br />the cost estimate contained in the petition. In the case of a petition for the installation
<br />of a fire protection system, a pedestrian skyway system, or on -site water contaminant
<br />improvements, the petitioner may request abandonment of the improvement at any
<br />time after it has been ordered pursuant to subdivision 1 and before contracts have been
<br />awarded for the construction of the improvement under section 429.041, subdivision
<br />2. If such a request is received, the city council shall abandon the proceedings but in
<br />such case the petitioner shall reimburse the city for any and all expenses incurred by
<br />the city in connection with the improvement.
<br />History: 1953 c 398 s 3; 1955 c 811 s 1; 1957 c 430 s 1; 1961 c 525 s 1,2; 1963 c 771
<br />s 1; 1965 c 877 s 2; 1967 c 57 s 1,2; 1973 c 123 art 5 s 7; 1984 c 548 s 5; 1984 c 582 s
<br />4; 1984 c 591 s 3; 1984 c 633 s 3; 1986 c 444; 1994 c 614 s 6
<br />429.035 IMPROVEMENTS, PETITION.
<br />When any petition for the making of any improvement in any statutory city, town,
<br />or city of the second, third, or fourth class, however organized, for the cost of which
<br />special assessments may be, in whole or in part, levied therefor, is presented to the gov-
<br />erning body of the municipality, this body shall, by resolution, determine whether or
<br />not the petition has been signed by the required percentage of owners of property
<br />affected thereby.
<br />History: (1918-33) 1927 c 311 s 1; 1953 c 398 s 12; 1961 c 338 s 2; 1973 c 123 art
<br />5 s 7
<br />429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION.
<br />Any person, being aggrieved by this determination, may appeal to the district court
<br />of the county in which the property is located by serving upon the clerk of the munici-
<br />pality, within 30 days after the adoption and publication of the resolution, a notice of
<br />appeal briefly stating the grounds of appeal and giving a bond in the penal sum of $250,
<br />in which the municipality shall be named as obligee, to be approved by the clerk of the
<br />municipality, conditioned that the appellant will duly prosecute the appeal, pay all
<br />costs and disbursements which may be adjudged against the appellant, and abide by
<br />the order of the court. The clerk shall furnish the appellant a certified copy of the peti-
<br />tion, or any part thereof, on being paid by appellant of the proper charges therefor. The
<br />appeal shall be placed upon the calendar of the next general term commencing more
<br />than 30 days after the date of serving the notice and filing the bond and shall be tried
<br />as are other appeals in such cases. Unless reversed upon the appeal, the determination
<br />of the governing body as to the sufficiency of the petition shall be final and conclusive.
<br />History: (1918-34) 1927 c 311 s 2; 1986 c 444
<br />429.04 [Repealed, 1953 c 398 s 13]
<br />429.041 COUNCIL PROCEDURE.
<br />Subdivision 1. Plans and specifications, advertisement for bids. When the council
<br />determines to make any improvement, it shall let the contract for all or part of the work,
<br />or order all or part of the work done by day labor or otherwise as authorized by subdivi-
<br />sion 2, no later than one year after the adoption of the resolution ordering such
<br />improvement, unless a different time limit is specifically stated in the resolution order-
<br />ing the improvement. The council shall cause plans and specifications of the improve-
<br />ment to be made, or if previously made, to be modified, if necessary, and to be
<br />approved and filed with the clerk, and if the estimated cost exceeds $25,000, shall
<br />advertise for bids for the improvement in the newspaper and such other papers and for
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