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03-10-14 Council Packet
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03-10-14 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/10/2014
Council Meeting Type
Regular
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AMENDMENT OPTION ONE <br />present such objections to the presiding officer at the hearing, then after the hearing the council <br />shall schedule a special meeting to be held at least 45 days after the d ate of the hearing. At least <br />10 days prior to the date of the special meeting, the city shall publish notice of the special <br />meeting and mail notice of the special meeting to all owners who received the initial notice under <br />Section 429.031, subdivision 1. Such published and mailed notice shall include all the <br />information provided in the initial mailed notice, along with a statement as to the number and <br />percentage of affected owners who filed objections at or before the hearing. At the special <br />meeting, the council shall hear additional testimony on behalf of any objecting property owners, <br />and may consider further written or oral testimony from appropriate city officials and other <br />witnesses, as to the nature of the local improvements, the advisability of proceeding with such <br />local improvements, the proposed financing for such local improvements, any proposed <br />amendments to the plans or financing for such local improvements, and the methodology used to <br />calculate individual special assessments for such local imp rovements. <br /> <br /> Subdivision 3. A resolution ordering the local improvements (as such local <br />improvements may have been amended in response to the hearing or special meeting under <br />Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the <br />special meeting by vote of a majority of all members of the council when the local improvement <br />has been petitioned for by not less than 35 percent of the owners of the real property within the <br />area proposed to be assessed defined in the petition as the location of the local improvement; and <br />when there has been no such petition, the resolution may be adopted only by vote of four -fifths <br />of all members of the council. The effective date of a resolution ordering th e local improvement <br />must be at least 30 days after adoption. Within five days after adoption of the resolution, a <br />summary of the resolution must be mailed to the affected owners. If more than 50 percent of the <br />affected owners sign written objections regarding the resolution, and file such objections with the <br />city clerk prior to the effective date of the resolution, the resolution does not become effective <br />and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision <br />2 will not constitute objections under this Subdivision 3. If the required number of owners do <br />not file a timely objection under this subdivision, the local improvement may proceed after the <br />effective date of the resolution, except as otherwise provided in Subdivisions 5 and 6. <br /> <br /> Subdivision 4. If timely objections are not filed by the required number of property <br />owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not thereafter <br />apply to the subject local improvements, and all subsequent procedures for approval of and <br />levying of special assessments for those local improvements shall be in accordance with state <br />law, except as otherwise provided in this subdivision and Subdivisions 5 and 6. Notwithstanding <br />anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a <br />resolution ordering the local improvement may be adopted at any time within six months after <br />the date of the hearing by vote of a majority of all members of the council when the local <br />improvement has been petitioned for by not less than 35 percent of the owners of the real <br />property within the area proposed to be assessed as defined in the petition as the location of the <br />local improvement; and when there has been no such petition, the resolution may be adopted <br />only by vote of four-fifths of all members of the council. <br /> <br /> Subdivision 5. If any portion of the cost of a local improvement is to be paid from ad <br />valorem taxes, the ordering of the local improvement shall be suspended for 45 days after the
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