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094 <br />ORDINANCE NO. 03 - 89 <br />the names of owners of a majority by area of all parcels of <br />property proposed to be assessed for the local improvement, <br />the City Council must not order the construction of the local <br />:improvement project. The resolution determining the validity; <br />and sufficiency of the protest must be published in the sane <br />mariner as and has the effect of, a resolution determining <br />the adequacy of a petition for a local improvement pursuant <br />to law. <br />Subd. 3. If a local improvement: project or portion <br />hereof is not ordered because of protest as provided in this <br />section the City Council may not initiate proceedings for the <br />same or a substantially similar local improvement project for <br />.e period of six months after the adoption of the resolution: <br />determining the validity and sufficiency of the protest, lout <br />the owners of property in the area proposed to be assessed <br />may initiate proceedings for the same or a substantially <br />similar local improvement project at any time in the manner <br />provided by law. <br />Subd. 4. An owner of property signing a protest under <br />this secTion may withdraw his or her name from the protest at <br />any time prior to the adoption of the Council resolution <br />determining the validity and sufficiency of the protest. <br />Subd. 5. For purposes of determining the validity and <br />sufficiency of a protest filed under this section the City <br />Council may rely on such records as it deems advisable <br />including those records usable for the purpose of mailed <br />notice as provided by law. <br />Subd. 6. Except where a petition has been received from <br />all owners of property proposed to be assessed for a local <br />improvement project in the manner provided by law, the City <br />Council may not order the construction of a local improvement <br />until 45 days after the conclusion of the public hearing or <br />adjournment thereof required by law to precede the ordering <br />of a local improvement project. <br />8.04. Local Improvement Procedure. When the City <br />undertakes a local :improvement to which the state law <br />applies, it must comply with the provisions of that law and <br />this chapter. The Council may by ordinance prescribe the <br />procedure to be followed in making other local improvements <br />and levying special assessments for those improvements." <br />Section 2. This ordinance is effective on August 1, <br />1989. If, by July 1, 1989, a petition requesting a <br />referendum on this ordinance, signed by the number of <br />registered voters of the City required by Minnesota Statutes, <br />Section 410.12, Subdivision 7, is filed with the City Clerk - <br />Treasurer, this ordinance will not be effective until <br />approved by 51% of the voters voting on the question of its <br />adoption at a special election called by the Council for that <br />PAGE 2 <br />1 <br />1 <br />