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Mr. Randall Schumacher <br />February 29, 1988 <br />Page 2 <br />of real property abutting on the streets named in the <br />petition". Later in the subdivision the term "owners <br />proposed to be assessed" is used. The statutory <br />language is preferable. <br />2. Council initiation. <br />a) The resolution must state the "scope" of the <br />improvement and the number of benefitted <br />properties. Does "scope" mean "area", <br />"cost", "size"? Again the term "benefitted" <br />property owners is used, but benefit has not <br />yet been determined. Also the term "benefit- <br />ted property owners" must be intended to mean <br />"property to be benefitted by the improve- <br />ment". <br />b) Who prepares the cost estimate in the resolu- <br />tion? Apparently the engineer, see Subdivi- <br />sion 3. State law requires the council to <br />direct some "competent person" to prepare a <br />preliminary report on the project: this is <br />usually the consulting engineer. <br />c) Notice. <br />(1) The council sets the public hearing by <br />resolution which must include estimated <br />unit prices and total cost. Does this <br />resolution contain the same information <br />as the initiating resolution? Is the <br />intent that the initiating resolution be <br />published? <br />(2) Does the published notice have to say <br />anything about the nature or cost of the <br />improvement or the area proposed to be <br />assessed? How is the general public <br />informed about the improvement? <br />(3) Owners "proposed to be assessed" receive <br />mailed notice but all that is required <br />to be in the notice is details of the <br />hearing and estimated costs. The state <br />law procedure of published and mailed <br />notice of (i) the details of the <br />hearing, (ii) the general nature of the <br />improvement, (iii) the estimated cost, <br />