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08-04-14 Council Packet
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08-04-14 Council Packet
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10/14/2014 2:39:38 PM
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City Council
Council Document Type
Council Packet
Meeting Date
08/04/2014
Council Meeting Type
Work Session Regular
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(25 %) in number of the benefitted property owners (A benefitted property owner can only sign <br />once regardless of the number of benefitted parcels owned and a benefitted parcel can only have <br />the Council, or, (2) a resolution adopted by a four fifths affirmative vote of all of the Council. <br />The Council resolution shall state the nature and scope of proposed improvement including the <br />number of benefitted property owners, and shall provide means to obtain a cost estimate which <br />shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of <br />such estimate, the Council shall by resolution set a date for a public hearing on the proposed <br />improvement setting forth therein the time, place and purpose of such hearing. Such resolution <br />Shall be published twice, at least one week apart, in the official newspaper of the City no less <br />than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such <br />resolution including estimate unit prices and estimated total price thereof shall be mailed to each <br />benefitted property owner at his /her last known address at least two (2) weeks prior to the date of <br />said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the <br />proceedings. At such hearing the City shall receive any written and oral statements, and hear any <br />petitioners for or against the proposed improvement. At such hearing the City Council shall <br />present a special assessment formula and an analysis of the assessment income expected to offset <br />the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing <br />before any further action shall be taken by the Council, on the proposed improvement. If within <br />such sixty (60) day period, in a petitioning process independent of the initiating process, a <br />petition against such improvement be filed with the Council, signed by a majority of the owners <br />proposed to be assessed for such improvement, or when the improvement has been petitioned <br />equal to the number of those who petitioned for the improvement, the Council shall not make <br />such improvement at the expense of the property benefitted, unless, in the meantime there be <br />filed with the Council a petition asking that the improvement be made, signed by property <br />signed the petition against the improvement; in which event the Council may disregard the <br />petition against the improvement. Any person whose name appears on a petition to the Council <br />for a local improvement, may withdraw his /her name by statement in writing filed with the <br />Council before such petition is presented to the Council. <br />Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less <br />than one hundred (100 %) percent of the estimated cost of the proposed improvement is to be <br />paid for by special assessments, connection charges, or any outside funding sources other than <br />the City general fund, the Council shall submit the proposed local improvement and its <br />assessment formula to the voters of the City at the next general election. If no general election is <br />scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall <br />assessment formula to the City's voters. If a majority of those voting on said improvement and <br />associated assessment formula are opposed, the Council shall not proceed with the local <br />improvement as proposed. (Amended 01/13/2014} <br />Subdivision 3. When a proposed improvement is allowed under the foregoing <br />which the Council shall base their decision, the Council may by resolution, at any time between <br />
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