08/14/2000 Council Packet - Laserfiche WebLink

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08/08/00 11:2Y LHW UFF 1 Lt`J 14F0 '41M Hut -' bit 7oc G'r77 Mayor and Council Members August 8, 2000 - Page 2 ivu. u� r vc.J,J City can take no further action for a period of 60 days after this public hearing on the proposed improvement. Within such 60 days the Charter prohibits the City Council from making the improvement if a petition is signed and filed by a majority of the property owners proposed to be assessed. If the improvement has been instituted by petition of property owners, a petition stopping the project can be signed by the same number of persons who signed the original initiating petition. The Council can only make the improvement if there is filed with the Council a petition asking that the improvement be made signed by the property owners proposed to be assessed in a number at least equal to those who signed the petition against the improvement. Subd. 3 of Section 8.04 provides that the Council may by resolution at any time between the 60 days and one year after the conclusion of the public hearing proceed on the improvement if there is no petition prohibiting same. In the Twilight Acres 114 and 2nd improvement process there was no petition filed S within 60 days after the initial public hearing held on November 22. Therefore, the time period for property owners to prohibit the project has expired. The City Council is free to order the project at this time if it so desires. The public hear�g t the City Council is currentl holdin i the s • - . essment hearin • . This is a separate and distinct hearing that is conducted solely for the purpose of levying the special assessments against the property. There are no provisions to petition against the assessment or "opt out" of the project after this public hearing. The only remedy for property owners would be to appeal the assessment to district court for review. In conclusion the decision of whether or not to proceed with the project rests solely with the Council. The residents at this time have no ability to opt out of the project or petition against the project under the provisions of the Charter. If any Council members have any further questions, please contact me. • ncerely, illiam G. Hawkins WGH/tju