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04-14-2005
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MV Minutes
GOVBOARD
Charter Commission
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Minnesota Statutes 2004, Chapter 429. Page 6 of 26 <br /> contain a statement that a reasonable estimate of the impact of <br /> the assessment will be available at the hearing, but failure to <br /> • give mailed notice or any defects in the notice does not <br /> invalidate the proceedings. For the purpose of giving mailed <br /> notice, owners are those shown as owners on the records of the <br /> county auditor or, in any county where tax statements are mailed <br /> by the county treasurer, on the records of the county treasurer; <br /> but other appropriate records may be used for this purpose. For <br /> properties that are tax exempt or subject to taxation on a gross <br /> earnings basis and are not listed on the records of the county <br /> auditor or the county treasurer, the owners may be ascertained <br /> by any practicable means, and mailed notice must be given them <br /> as provided in this subdivision. <br /> (b) Before the adoption of a resolution ordering the <br /> improvement, the council shall secure from the city engineer or <br /> some other competent person of its selection a report advising <br /> it in a preliminary way as to whether the proposed improvement <br /> is necessary, cost-effective, and feasible and as to whether it <br /> should best be made as proposed or in connection with some other <br /> improvement. The report must also include the estimated cost of <br /> the improvement as recommended. A reasonable estimate of the <br /> total amount to be assessed, and a description of the <br /> methodology used to calculate individual assessments for <br /> affected parcels, must be available at the hearing. No error or <br /> omission in the report invalidates the proceeding unless it <br /> materially prejudices the interests of an owner. <br /> (c) If the report is not prepared by an employee of a <br /> • municipality, the compensation for preparing the report under <br /> this subdivision must be based on the following factors: <br /> (1) the time and labor required; I <br /> (2) the experience and knowledge of the preparer; <br /> (3) the complexity and novelty of the problems involved; <br /> 'and <br /> (4) the extent of the responsibilities assumed. <br /> (d) The compensation must not be based primarily on a <br /> percentage of the estimated cost of the improvement. <br /> (e) The council may also take other steps prior to the <br /> hearing, including, among other things, the preparation of plans <br /> and specifications and the advertisement for bids that will in <br /> its judgment provide helpful information in determining the <br /> desirability and feasibility of the improvement. . YcY14r) <br /> (f) The hearing may be adjourned from time to time, and a <br /> 'X ��" <br /> resolution ordering the improvement may be adopted at any time <br /> within six months after the date of the hearing by vote of a11 <br /> majority of all members of the council when the improvement has \4' <br /> been petitioned for by the owners of not less than 35 percent in <br /> frontage of the real property abutting on the streets named in <br /> • the petition as the location of the improvement. When there has <br /> been no such petition, the resolution may be adopted only by <br /> vote of four-fifths of all members of the council; provided that <br /> if the mayor of the municipality is a member of the council but <br /> has no vote or votes only in case of a tie, the mayor is not <br /> httn://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP&year=current&ch... 4/14/2005 <br />
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