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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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MO522-C Page 202 .5 <br /> petition may be filed with the Council, signed by a majority of <br /> the number of electors who voted for Mayor in the last regular <br /> Municipal election, protesting against either the improvement or <br /> the assessment formula or both. In this event, the Council shall <br /> not proceed with the improvement as proposed. <br /> Subd. 5. Withdrawal from Petition: Any person whose name appears <br /> on a petition to the Council for a local improvement or on a <br /> petition to the Council against a local improvement may withdraw <br /> his name by a statement, in writing, filed with the Council <br /> before such petition is presented to the Council. <br /> Subd. 6 . Limitations: When a proposed improvement is allowed <br /> under the foregoing subdivisions, the Council may proceed at any <br /> time between sixty (60) days and one year after the public <br /> hearing on the improvement. However, no contract shall be let in <br /> the event that the current proposed contract exceeds the <br /> estimated cost by more than ten percent (10%) . <br /> Subd. 7 . Reconsiderations: When a proposed improvement is <br /> disallowed under the foregoing subdivisions, the Council shall <br /> not vote on the same improvement within a period of one year <br /> after the public hearing on said improvement. <br /> Subd. 8. Petition By All Owners: Whenever all owners of real <br /> property abutting upon any street named as the location of any <br /> improvement shall petition the Council to construct the <br /> improvement and to assess the entire cost against their property, <br /> the Council may, after a public hearing, as provided in Chapter 8 <br /> of the Home Rule Charter, adopt a resolution determining such <br /> facts and ordering the improvement. (1988 Code §25 .05) <br /> Subd. 9 . Appeal: <br /> a. Any person being aggrieved by this determination may appeal to <br /> the District Court of Ramsey County by serving upon the City <br /> Clerk-Administrator, within thirty (30) days after the adoption <br /> of the resolution, a notice of appeal briefly stating the grounds <br /> of appeal and giving a bond in the penal sum of two hundred fifty <br /> dollars ( $250.00) , in which the Municipality shall be named as <br /> obligee, to be approved by the City Clerk-Administrator, <br /> conditioned that the appellant will duly prosecute the appeal, <br /> pay all costs and disbursements which may be adjudged against him <br /> and abide by the order of the Court. <br /> b. The Clerk-Administrator shall furnish the appellant a <br /> certified copy of the petition or any part thereof, on being paid <br /> by appellant of the proper charges therefor. <br /> c. The appeal shall be placed upon the calendar of the next <br /> general term commencing more than thirty (30) days after the date <br /> of serving the notice and filing the bond and shall be tried as <br /> are other appeals in such cases. <br /> d. Unless reversed upon the appeal, the determination of the <br /> Council as to the sufficiency of the petition shall be final and <br />
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