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Docs re Amendments Ch 4, 6, 8 and 12
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Docs re Amendments Ch 4, 6, 8 and 12
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9/6/2018 5:13:31 AM
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MV Misc Documentation
Date
1/1/1993
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number of owners proposed to be assessed for such <br /> improvement at least equal to the number of those <br /> who petitioned for the improvement. . . " <br /> 3) " . . . when less than 100% of the estimated cost <br /> of a proposed local improvement is to be paid for <br /> by special assessment. . .a petition may be filed <br /> with the Council, signed by a majority of the <br /> number of electors who voted for mayor in the last <br /> municipal election, protesting against either the <br /> improvement, or the assessment formula or both. " <br /> An exception to number two above is . . . unless, in <br /> the meantime, there be filed with the Council a <br /> petition asking that the improvement be made, signed by <br /> property owners proposed to be assessed for such <br /> improvement at least equal in number to those who <br /> signed the petition against the improvement, in which <br /> event the Council may disregard the petition against. <br /> the improvement. " <br /> Should 1 , 2, or 3 occur " . . . the Council shall not vote <br /> upon the same improvement within a period of one year <br /> after the public hearing on said improvement. " <br /> I am uncertain from reading Section 8. 04 what action <br /> Council should take if, after sixty daysfrom the <br /> public hearing, 1r 2, or 3 does not occur. Does <br /> Council order the improvement by a majority vote should <br /> they wish to proceed with it? Or do they order the <br /> improvement by a majority vote if petitioned for or a <br /> four/fifths majority if the improvement was initiated <br /> by the Council? <br /> Part of the reason for my uncertainty is the fact that <br /> Minnesota Statutes, Chapter 429 makes a distinction <br /> between initiating proceedings to consider a public <br /> improvement, financed in whole or in part by special <br /> assessments, and the ordering of the improvement. <br /> Under Chapter 429 proceedings may be initiated by <br /> either: 1 ) a petition of the owners of at least 35% in <br /> frontage of the property bordering the proposed <br /> improvements; or, 2) a majority vote of the Council. <br /> To order the improvement requires a majority vote of <br /> the Council if the improvement was petitioned for or a <br /> four/fifths majority vote of the Council if the Council <br /> initiated proceedings.. <br /> Chapter 429 requires a second public hearing to <br /> consider the levying of special assessments against <br />
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