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05-08-1995 CC
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05-08-1995 CC
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Last modified
1/28/2025 4:47:51 PM
Creation date
7/2/2018 2:00:27 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
5/8/1995
Supplemental fields
City Council Document Type
City Council Packets
Date
5/8/1995
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Page 2 <br /> C. ASSESSMENT CRITERIA <br /> Three basic criteria must be satisfied before a particular parcel can be validly assessed. <br /> They are: <br /> 1. The land must have received special benefit from the improvement. <br /> 2. The amount of the assessment must not exceed the special benefit. <br /> 3. The assessment must be uniform in relation to the same class of property <br /> within the assessment area. <br /> The primary test for determining the validity of a special assessment is whether the <br /> improvement for which the assessment was levied has increased the market value of <br /> the property against which the assessment operates in at least the amount of the <br /> assessment. An exception might be a project initiated by a single property <br /> owner/developer where market value increase may not be a relevant factor given the <br /> nature of the improvement. <br /> Another test for determining the validity of a special assessment is whether the <br /> assessment is based on a uniform method for all like classes of property. For example, <br /> the use of a front foot assessment for some properties and the use of a per lot <br /> assessment for other properties of the same class for the same improvement could <br /> result in a non-uniform assessment rate which could mean the assessment would be <br /> set aside or could be thrown out by the courts. <br /> D. INITIATION OF IMPROVEMENTS <br /> Public improvements may be initiated in the following manner and is a summary of the <br /> Mounds View Charter, Chapter 8, Section 8.04: <br /> 1. Council Initiated. The City Council, on its own motion and without petition, <br /> may order the improvement on at least a 4/5 vote of the City Council. <br /> However, the City must still follow all statutory provisions which are <br /> specified in Minnesota Statutes, 429.021, subd. 3. <br />
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