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04-10-2014 Minutes
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04-10-2014 Minutes
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The City may make any type of public improvement not forbidden by law and levy special assessments to pay all or <br />any part of the cost of such improvements as are of a local character. <br />The total assessments for any local improvement may not exceed the cost of the improvement, including all costs <br />and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. <br />Within 90 days after this Charter goes into effect, the Council shall enact suitable ordinance(s) governing local <br />improvements and special assessments. <br />All improvements to be paid for by special assessments against the benefited property shall be instituted by either, <br />(1) the petition of at least twenty-five percent in number of the benefited property owners together with a resolution <br />adopted by an affirmative vote of the majority of all of the Council, <br />Or, <br />A resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall state the <br />nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set <br />forth the cost of the improvement both in unit 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 proposed <br />improvement, setting forth therein the time, place and purpose of such hearing. Such resolution shall be described <br />in the City Newsletter and published twice at least one week apart in the official newspaper of the City no less than <br />two weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimated <br />unit prices and estimated total price thereof shall be mailed to each benefited property owner at owner's last known <br />address at least two weeks prior to the date of said hearing. <br />/ At such hearing the City Council shall receive any written and oral statements, and hear any petitioners for or <br />against the proposed improvement. <br />A period of sixty days shall elapse after the public hearing before any further action shall be taken by the Council <br />on the proposed improvement. If within such sixty day period, a petition against such improvement be filed with <br />the Council, signed by a majority of the owners proposed to be assessed for the improvement, or, when the <br />improvement 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 shall not make <br />such improvement at the expense of the property benefited, unless, in the meantime, there be filed with the Council <br />a petition asking that the improvement be made, signed by property owners proposed to be assessed for such <br />improvement at least equal in number to those who signed the petition against the improvement; in which event the <br />Council may disregard the petition against the improvement. Any person whose name appears on a petition to the <br />Council for a local improvement, or on a petition to the Council against a local improvement, may withdraw their <br />name by a statement in writing filed with the Council before such petition is presented to the Council. <br />Regardless of the provisions in Subdivision 1, when less than 100 percent of the estimated cost of a proposed local <br />improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been <br />held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the number of <br />electors who voted for Mayor in the last regular municipal election, protesting against either the improvement, or <br />the assessment formula, or both. In this event, the Council shall not proceed with the improvement, as proposed. <br />When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at any time <br />between sixty days and one year after the public hearing on the improvement. However, no contract shall be let in <br />the event that the current proposed contract exceeds the estimated cost by more than ten percent. <br />'When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the <br />same improvement within a period of one year after the public hearing on said improvement. <br />
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