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References <br />429.031 PRELIMINARY PLANS, HEARINGS. <br />Subdivision 1.Preparation of plans, notice of hearing. <br />(a) Before the municipality awards a contract for an improvement or orders it made by day <br />labor, or before the municipality may assess any portion of the cost of an improvement to be <br />made under a cooperative agreement with the state or another political subdivision for sharing <br />the cost of making the improvement, the council shall hold a public hearing on the proposed <br />improvement following two publications in the newspaper of a notice stating the time and place <br />of the hearing, the general nature of the improvement, the estimated cost, and the area proposed <br />to be assessed. The two publications must be a week apart, and the hearing must be at least three <br />days after the second publication. Not less than ten days before the hearing, notice of the hearing <br />must also be mailed to the owner of each parcel within the area proposed to be assessed and must <br />contain a statement that a reasonable estimate of the impact of the assessment will be available at <br />the hearing, but failure to give mailed notice or any defects in the notice does not invalidate the <br />proceedings. For the purpose of giving mailed notice, owners are those shown as owners on the <br />records of the county auditor or, in any county where tax statements are mailed by the county <br />treasurer, on the records of the county treasurer; but other appropriate records may be used for <br />this purpose. For properties that are tax exempt or subject to taxation on a gross earnings basis <br />and are not listed on the records of the county auditor or the county treasurer, the owners may be <br />ascertained by any practicable means, and mailed notice must be given them as provided in this <br />subdivision. <br />(b) Before the adoption of a resolution ordering the improvement, the council shall secure <br />from the city engineer or some other competent person of its selection a report advising it in a <br />preliminary way as to whether the proposed improvement is necessary, cost -effective, and <br />feasible and as to whether it should best be made as proposed or in connection with some other <br />improvement. The report must also include the estimated cost of the improvement as <br />recommended. A reasonable estimate of the total amount to be assessed, and a description of the <br />methodology used to calculate individual assessments for affected parcels, must be available at <br />the hearing. No error or omission in the report invalidates the proceeding unless it materially <br />prejudices the interests of an owner. <br />(c) If the report is not prepared by an employee of a municipality, the compensation for <br />preparing the report under this subdivision must be based on the following factors: <br />(1) the time and labor required; <br />(2) the experience and knowledge of the preparer; <br />(3) the complexity and novelty of the problems involved; and <br />(4) the extent of the responsibilities assumed. <br />(d) The compensation must not be based primarily on a percentage of the estimated cost of <br />the improvement.