HomeMy WebLinkAbout1989-03 Charter AmendmentOV,
CITY OF
LINO
LAKES
COUNTY
OF
ANOKA
STATE
OF
MINNESOTA
ORDINANCE N0. 03 = 89
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LADES CITY
—
CHARTER.
The City Council of Lino Lakes does hereby amend Chapter 8 of
the Lino Lakes City Charter to read as follows:
8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvement not
forbidden by law and levy special assessments to pay all or
any part of the cost of such improvements as are of a local
character. The total assessments for.any local improvement
may not exceed the cost of the improvement, including all
costs and expenses connected therewith, with interest. A
special assessment may not exceed the special benefits to the
property assessed.
8.02. Procedures. The procedures for conducting local
improvement projects financed in whole or in part by special
assessments against benefitted property are those provided by
Law and Section 8.03 of this charter and must be followed
exclusively. The term "by law" as used in this chapter means
Minnesota Statutes, Chapter 429 or any successor statute
providing a uniform method of constructing and financing
local improvements in cities.
8.03. Protest. Subdivision 1. Not later than 45 days
after the conclusion of the public hearing or adjournment
thereof required by law to precede the ordering of the
construction of a local improvement project the owner or
owners of real property included in the area proposed to be
assessed for the local improvement may file a written protest
with the recording officer of the City. The protest must be
in the form prescribed by ordinance.
Subd. 2. If a protest is filed as provided in
Subdivision 1, the City Council must, by resolution adopted
at its next regular meeting or at a special meeting called
for that purpose after the expiration of the 45 day period
for filing protests, determine the validity and sufficiency
of the protest. If the protest is determined to be valid and
sufficient as to a single parcel of property proposed to be
assessed for the local improvement and the protest contains
the names of owners of that parcel of property, the City
Council must not include that parcel of property in the local
improvement project when ordered for construction. If the
protest is determined to be valid and sufficient and contains
the names of owners of a majority by area of all parcels of
property proposed to be assessed for the local improvement,
the City Council must not order the construction of the local
improvement project. The resolution determining the validity
and sufficiency of the protest must be published in the same
manner as, and has the effect of, a resolution determining
the adequacy of a petition for a local improvement pursuant
to law.
Subd. 3. If a local improvement project or portion
hereof is not ordered because of protest as provided in this
section the City Council may not initiate proceedings for the
same or a substantially similar local improvement project for
a period of six months after the adoption of the resolution
determining the validity and sufficiency of the protest, but
the owners of property in the area proposed to be assessed
may initiate proceedings for the same or a substantially
similar local improvement project at any time in the manner
provided by law.
Subd. 4. An owner of property signing a protest under
this section may withdraw his or her name from the protest at
any time prior to the adoption of the Council resolution
determining the validity and sufficiency of the protest.
Subd. 5. For purposes of determining the validity and
sufficiency of a protest filed under this section the City
Council may rely on such records as it deems advisable
including those records usable for the purpose of mailed
notice as provided by law.
Subd. 6. Except where a petition has been received from
all owners of property proposed to be assessed far a local
improvement project in the manner provided by law, the City
Council may not order the construction of a local improvement
until 45 days after the conclusion of the public hearing or
adjournment thereof required by law to precede the ordering
of a local improvement project.
8.04. Local Improvement Procedure. When the City
undertakes a local improvement to which the state law
applies, it must comply with the provisions of that law and
this chapter. The Council may by ordinance prescribe the
procedure to be followed in making other local improvements
and levying special assessments for those improvements.
Adopted this
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Benjamin G. Benson, Mayor
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Marilyn G. Anderson, Clerk -Treasurer
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