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Subdivision 1. All improvements to be paid for by special assessments against the <br />benefitted property shall be instituted by either, (1) a petition of at least twenty five percent <br />(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 />such estimate, the Council shall by resolution ;,et a date for a public hearing on the propesed <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 />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 />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 />such sixty (60) day period, in a petitioning process independent of the initiating process, a <br />e 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 />petition against the improvement. Any person whose name appears on a petition to the Council <br />Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less <br />the City general fund, the Council shall within one hundred twenty (120) days after the <br />formula to the voters of the City. If no election is scheduled during such one hundred twenty <br />(120) day period, the Council shall schedule a special election by which said improvement and <br />its associated assessment formula can be submitted to the City's voters. If a majority of those <br />voting on said improvement and associated assessment formula are opposed, the Council shall <br />not proceed with the local improvement as proposed. <br />