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Mr. Kirk Corson July 2, 1996 Page 2 various sections of the M.S. 429 are incorporated by reference to the Lino lakes City Code through the adoption of Code Section 303. Section 8.04 governs the procedure for special assessments of public improvements which will be financed partly or wholly from special assessments. If the cost of the improvement is not assessed 100% to the benefited properties, subdivision 2 of the section requires that the city council must hold an election on the proposed local improvement and assessment formula. Therefore, if it is the intent of the city to establish a street reconstruction plan which specifically assesses a portion of the cost and funds the remainder from general funds, this funding plan would have to be submitted to the residents for approval. In summary, it is my opinion there is a mechanism in the charter which would allow improvements to existing streets. The procedures that must be followed by the city are more cumbersome than those found under Minnesota Statute 429, however, the decision concerning the necessity for changes to these provisions should be made by the charter commission and the council. incerely, William G. Hawkins- City Attorney wGH:wbd