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Page 3 <br /> 2. Property Owner Petition. The City Council may decide, by simple majority, <br /> on an improvement after receiving a petition for said improvement from the <br /> owners of not less than twenty five (25%) of the properties abutting on the <br /> streets named in the petition benefitting from the improvement. In <br /> addition, all owners of real property abutting upon any street named as the <br /> location of any improvement may petition the City Council to construct the <br /> improvement and to assess the entire cost against their property. In the <br /> latter case, the City Council may, without a public hearing, adopt a <br /> resolution determining such fact and ordering the improvement. However, <br /> as_'required_by_the City_code,_a_public_hearing shall be conducted_on_such <br /> improvements prior to adoption of a resolution ordering the <br /> improvement. The City Council may decide not to proceed with an <br /> assessment unless it receives an agreement, signed by all affected <br /> property owners, agreeing to the amount of proposed assessments and <br /> waiving their rights to appeal such assessments. <br /> 3. Developer Request. A developer who is the owner of all the property <br /> within the proposed subdivision may petition the City Council to construct <br /> the improvement and to assess the entire cost against the developer's <br /> property pursuant to Minnesota Statutes. In such event, the City may, <br /> without a public hearing, adopt a resolution determining such fact and <br /> ordering the improvement. However, a developer's agreement, including <br /> a valid and enforceable waiver of its right to appeal the levy of special <br /> assessments, shall be negotiated and executed prior to said <br /> authorization. It may also be advisable to conduct public hearings on the <br /> improvement to avoid misunderstanding by the petitioners and to also <br /> inform the general public about the nature of the project. <br /> E. PROJECT COSTS <br /> Project costs shall include, but not be limited to, the following: <br /> 1. Construction costs (day labor or contractual). <br /> 2. Engineering and consulting fees. <br /> 3. Administrative fees. <br /> 4. Right-of-Way acquisition/condemnation costs. <br /> 5. Legal fees. <br /> 6. Capitalized interest. <br /> 7. Financing costs. <br />