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02/04/2008 Council Packet
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02/04/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/04/2008
Council Meeting Type
Work Session Regular
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• <br />SUBSTITUTE AMENDMENT TO CHAPTER 8 <br />RECOMMENDED BY THE CHARTER COMMISSION <br />Section 8.01. Power to Make Improvements. <br />Subdivision 1. Power. The City may make any type of public improvements not forbidden by <br />law. <br />Subd. 2. Local nature of improvements. All public improvements funded in part through either <br />general revenue or special assessments shall be primarily designed to give a direct benefit to <br />property currently occupied by residents or businesses in the City. Public improvements <br />primarily designed to open up new areas of the City for development may not be funded in part <br />through general revenue or through special assessments (except as provided in Section 8.04, <br />Subd. 3 below). <br />Section 8.02. Relation to State Law. <br />Except as otherwise specified in this Charter, the City shall follow the procedures set forth in <br />state law relating to local improvements and special assessments. <br />Section 8.03. Power to Impose Special Assessments. <br />Subdivision 1. Need a special benefit. The City may impose special assessments to pay for all or <br />a part of the cost of the public improvements when the public improvement provides a special <br />benefit to adjacent or nearby properties, except as provided in Subd. 2 below. <br />Subd. 2. Street maintenance. The City shall not impose special assessments for maintenance of <br />its streets. Maintenance includes overlays, sealcoating, and other improvements to care for the <br />street surface between the date the street was constructed and the date the street will be <br />reconstructed. <br />Subd. 3. Sanitary sewer connections. When public improvements include sanitary sewers, the <br />City shall not require an adjacent or nearby property to connect to those sewers if the property is <br />served by a properly working private sewage disposal system (e.g., a septic system). The <br />property may be required to connect to the sanitary sewer system when either the private sewage <br />disposal system fails, or the property is conveyed to a new owner, whichever occurs first. <br />Subd. 4. Uniformity and maximum. Special assessments shall be imposed uniformly on similar <br />properties. The special assessment on each property shall not exceed the benefit to that property. <br />
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