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WHITE #2 - - 7/11/95 Section 8.04 Procedure 111/1 Subdivision 1. Initiation of Improvement. All improvements to be paid for by special assessments, in whole or in part, against benefited properties may be initiated by either: (a) The petition of at least a majority of the benefited property owners together with a resolution adepted by a three-fifths affirmative vote of the council; or (b) A resolution adopted by a four-fifths affirmative vote of the council. The resolution must state the nature and scope of the proposed improvement. Subdivision 2. Public Notice. Upon receipt of cost estimates, the council must by resolution set a date for a public hearing on the proposed improvement. The hearing must follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the date, time and place of the hearing, the general nature of the improvement, the estimated unit and total costs, and the area proposed to be assessed. The two publications in the official newspaper must be a week apart and the hearing must be at least three days after the last publication. Subdivision 3. Notice to Property Owners. At least two weeks prior to the public hearing, notice of the hearing as described in Subdivision (2) must also be mailed to the owner of each property in the area proposed to be assessed. Failure to receive such mailed notice, or any defects in the notice, will not invalidate the proceedings. 111/1 Subdivision 4. Public Hearing. At the public hearing the council receives any written and oral statements for or against the proposed improvement. A period of sixty days must elapse after the public hearing before any further action may be taken by the council on the proposed improvement. However, prior to and following the public hearing, the council may initiate the preparation of plans and specifications and the advertisement of bids on the improvement, in addition to other actions which in its judgment may provide helpful information in deter- mining the desirability and feasibility of the improvement. Subdivision 5. Public Hearing Waived. Whenever all owners of benefited property petition the council for an improvement where the entire cost is to be assessed against their property, the council may adopt a resolution determining such fact and order the assessment without a public hearing. Subdivision 6. Withdrawal Rights. Any person whose name appears on a petition to the council for a local improvement, or on a petition to the council against a local improvement, may withdraw their name by a statement in writing filed with the council before such petition is presented to the council.