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03-30-1995
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03-30-1995
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MV Minutes
GOVBOARD
Charter Commission
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minutes
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Section 8.04 Procedure. <br /> Subdivision 1. Initiation of Improvement All improvements to be paid for <br /> by special assessments, in whole or in part, against benefitted properties may <br /> be initiated by either: <br /> A) The petition of at least fifty-one percent of the benefitted property <br /> owners together with a resolution adopted by a three-fifths affirmative vote of <br /> the council; or, <br /> B) A resolution adopted by a four-fifths affirmative vote of the council. <br /> The resolution must state the nature and scope of the proposed improvement. <br /> Subdivision 2. Public Notice Upon receipt of cost estimates, the council <br /> must by resolution set a date for a public hearing on the proposed improvement. <br /> the hearing must follow a publication in the city newsletter and two publications <br /> in the official newspaper of a notice stating the time and place of the hearing, <br /> the general nature of the improvement, the estimated unit and total costs, and <br /> the area proposed to be assessed. The two publications in the official must be <br /> a week apart and the hearing must be at least three days after the last <br /> publication. <br /> Subdivision 3. Notice to Property Owners At least two weeks prior to the <br /> public hearing, notice of the hearing as described in Subdivision 2 must also be <br /> mailed to the owner of each property in the area proposed to be assessed. Failure <br /> to give mailed notice, or any defects in the notice, will not invalidate the <br /> proceedings. <br /> Subdivision 4. Public Hearing At the public hearing the council receives <br /> 1110 <br /> any written and oral statements for or against the proposed improvement. A period <br /> of sixty days must elapse after the public hearing before any further action may <br /> be taken by the council on the proposed improvement. However, prior to and <br /> following the public hearing, the council may initiate the preparation of plans <br /> and specifications and the advertisement for bids on the improvement, in addition <br /> to other actions which in its judgement may provide helpful information in <br /> determining the desirability and feasibility of the improvement. <br /> Section 8.05 Council Action. <br /> Subdivision 1. The approval of at least fifty-one percent of benefitted <br /> property owners together with a resolution adopted by a four-fifths affirmative <br /> vote of the council are required to act on a local improvement. <br /> Subdivision 2. Whenever all owners of benefitted property petition the <br /> council for an improvement and to assess the entire cost against their <br /> properties, the council may adopt a resolution determining such fact and order <br /> the improvement without a public hearing. <br /> Subdivision 3. When a proposed improvement is disallowed under the <br /> forgoing subdivisions, the council may not vote on the same improvement within <br /> 111/1 <br /> a period of one year after the public hearing on said improvement. <br />
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