03/05/2012 Council Packet - Laserfiche WebLink

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the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution, a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written objections regarding the resolution, and file such objections with the city clerk prior to the effective date of the resolution, the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision 2 will not constitute objections under this Subdivision 3. If the required number of owners do not file a timely objection under this subdivision, the local improvement may proceed after the effective date of the resolution, except as otherwise provided in Subdivisions 5 and 6. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not thereafter apply to the subject local improvements, and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be in accordance with state law, except as otherwise provided in this subdivision and Subdivisions 5 and 6. Notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. Subdivision 5. If any portion of the cost of a local improvement is to be paid from ad valorem taxes, the ordering of the local improvement shall be suspended for 30 days after the effective date of the resolution ordering the local improvement under subdivision 3 (if no timely objection was filed by the required number of owners) or under subdivision 4. If a petition requesting a vote on the local improvement signed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election is filed with the City Clerk by the end of that 30 -day period, then the City may proceed with the local improvement, and may issue general obligation bonds to finance the local improvement, only after obtaining approval of a majority of the voters voting on the question at a general or special election. The ballot shall generally describe the proposed local improvement, the estimated principal amount of bonds to be issued to finance the local improvement, and the estimated percentage of total debt service on the bonds expected to be paid from ad valorem taxes.