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• <br /> Section 8.04 Procedure <br /> . Subdivision 1: All improvements to be paid for by special assessments against the benefited property <br /> shall be instituted by either, 1) the petition of at least twenty-five percent in number of the benefited <br /> property owners together with a resolution adopted by an affirmative vote of the majority of all the <br /> Council, or 2) a resolution adopted by a four-fifths affirmative vote of all of the Council. <br /> The Council resolution shall state the nature and scope of the proposed improvement, and shall <br /> provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit <br /> price and in total thereof. <br /> Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing on the <br /> proposed improvement, setting forth therein the time, place, and purpose of such hearing. <br /> Such resolution shall be described in the City Newsletter and published twice at least one week apart <br /> in the official newspaper of the City no less than two weeks prior to the date of said hearing, and in <br /> addition thereto, a copy of such resolution , including estimated unit prices and estimated total price <br /> thereof, shall be mailed to each benefited property owner at owner's last known address at least two <br /> weeks prior to the date of said hearing. <br /> Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. <br /> At such hearing, the City Council shall receive any written and oral statements, and hear any <br /> petitioners for or against the proposed improvement. <br /> A period of sixty days shall elapse after the public hearing before any further action shall be taken by <br /> the Council on the proposed improvement. <br /> *If, within such sixty day period, a petition against such improvement be filed with the Council, signed <br /> by a majority of the owners proposed to be assessed for the improvement, or, when the improvement <br /> has been petitioned for, signed by a number of the owners proposed to be assessed for such <br /> improvement at least equal to the number of those who petitioned for the improvement, the Council <br /> shall not make such improvement at the expense of the property benefited, unless, in the meantime, <br /> there be filed with the Council a petition asking that the improvement be made, signed by property <br /> owners proposed to be assessed for such improvement at least equal in number to those who signed <br /> the petition against the improvement; in which event the Council may disregard the petition against <br /> the improvement.* <br /> Any person whose name appears on a petition to the Council for a local improvement, or on a petition <br /> to the Council against a local improvement, may withdraw their name by a statement in writing filed <br /> with the Council before such petition is presented to the Council. <br /> Recommended substitution for* marked * paragraph above: <br /> If, within this sixty day period, a petition against such improvement be filed with the Council, signed by <br /> a majority of the owners proposed to be assessed for the improvement, the Council shall not make <br /> such improvement at the expense of the property benefited. <br /> If, within this same sixty day period, a petition asking for such improvement to be made be filed with <br /> the Council, signed by property owners proposed to be assessed for such improvement at least <br /> • equal in number to those who signed the petition against the improvement, the Council may disregard <br /> the petition against the improvement. <br />