12-12-2013 Chapter 8 Mark Up - Laserfiche WebLink

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2. At the end of the sixty day period the Council shall pass a resolution: 1. Approving the proposed improvement, as originally proposed, if no properly qualified petition against it is received, 2. Approve the proposed improvement as modified by a properly qualified petition request, if a modifying petition request is received and agreeable to the Council, or 3. Shall cancel the proposed improvement if a properly qualified petition against such proposed improvement is received and no majority signed petition is received requesting the Council proceed as originally proposed or modified. Any person whose name appears on a petition to the Council for a lLocal iImprovement, or on a petition to the Council against a lLocal iImprovement, may withdraw their name by a statement in writing filed with the Council before such petition is presented to the Council. Subdivision 2. wRegardless of the provisions in Subdivision 1, When less than 100 percent of the estimated cost of a proposed lLocal iImprovement is to be paid for by special assessment regardless of the provisions in Subdivision 1, if within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the number of electors who voted for Mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the improvement, as proposed. (Brian proposes that this subdivision be withdrawn totally from the Charter as the condition is addressed in Subdivision 1 above remaining subdivision would be renumberd). Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at any time between sixty days and one year after the public hearing on the improvement. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost by more than ten percent. Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Section 8.05. Procedure for Public Improvements not funded by Special Assessment The Council may pay all the cost of Local or Public Improvements without Special Assessment to the Benefited Property. The Council may utilize fund balances of dedicated funds previously collected for the purpose of Local or Public improvement, may allocate a combination of dedicated funds with the General funds to fund the Local or Public improvement, however may not use the General fund for the Local or Public Improvement if the dedicated fund is not fully utilized before General funds are allocated. This section prescribes the procedures that shall be followed and applied when Special Assessments are not used for any of the financing of Local or Public Improvement in the City of Mounds View. Subdivision 1. Local Improvements with Dedicated Fund Financing A. Initiation: All improvements to be paid for by Dedicated fund shall be initiated by one of the following: a.) a petition (see “8.05 Sub1,B” below) together with a resolution adopted by an affirmative vote of three of the five members of the Council, or; b.) a resolution adopted by a affirmative vote of four of the five members of the Council. B. Qualified Petition and Petitioner. 1. Petitions from citizens regarding a proposed Local Improvement project must meet certain criteria. Any petition failing to meet these criteria will receive no consideration by City. 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259