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09-05-1995 WS
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09-05-1995 WS
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MV City Council
City Council Document Type
City Council Packets
Date
9/5/1995
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M0522-C Page 202 .4 <br /> fifths (4/5) affirmative vote of all of the Council. <br /> Subd. 2 . Council Resolution; Notice of Hearing: <br /> a. The Council resolution shall state the nature and scope of the <br /> proposed improvement and shall provide means to obtain a cost <br /> estimate which shall set forth the cost of the improvement both <br /> in unit price and in total thereof. Upon receipt of such <br /> estimate, the Council shall, by resolution, set a date for a <br /> public hearing on the proposed improvement, setting forth therein <br /> the time, place and purpose of such hearing. Such resolution <br /> shall be described in the City Newsletter and published twice at <br /> least one week apart in the official newspaper of the City no <br /> less than two (2) weeks prior to the date of said hearing, and in <br /> addition thereto, a copy of such resolution, including estimated <br /> unit prices and estimated total price thereof, shall be mailed to <br /> each benefited property owner at his last known address at least <br /> two (2) weeks prior to the date of said hearing. Failure to give <br /> mailed notice or any defects in the notice shall not invalidate <br /> the proceedings. ( 1988 Code §26.05) <br /> b. When any petition for the making of any public improvement or <br /> in opposition to any public improvement, as provided for in this <br /> Chapter, is presented to the Council, the Council shall, by <br /> resolution, determine whether or not the petition has been signed <br /> by the required percentage of owners of property affected thereby <br /> or as to the sufficiency of said petition. ( 1988 Code §26 . 06) <br /> Subd. 3 . Petition Hearing: At the hearing, the City Council shall <br /> receive any written and oral statements and hear any petitioners <br /> for or against the proposed improvement. <br /> Subd. 4 . Sixty Day Period; Protests: <br /> a. A period of sixty (60) days shall elapse after the public <br /> hearing before any further action shall be taken by the Council <br /> on the proposed improvement. If, within such sixty (60) day <br /> period, a petition against such improvement be filed with the <br /> Council, signed by a majority of the owners proposed to be <br /> assessed for the improvement or, when the improvement has been <br /> petitioned for, signed by a number of the owners proposed to be <br /> assessed for such improvement at least equal to the number of <br /> those who petition for the improvement, the Council shall not <br /> make such improvement at the expense of the property benefited <br /> unless, in the meantime, there be filed with the Council a <br /> petition asking that the improvement be made, signed by property <br /> owners proposed to be assessed for such improvement at least <br /> equal in number to those who signed the petition against the <br /> improvement; in which event, the Council may disregard the <br /> petition against the improvement. <br /> b. Regardless of the provisions in subdivisions 1 through 5 <br /> hereof, when less than one hundred percent (100%) of the <br /> estimated cost of a proposed local improvement is to be paid for <br /> by special assessment within the sixty (60) day period after a <br /> public hearing has been held on the proposed improvement, a <br />
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