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

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Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be instituted by either, (1) the petition of at least twenty -five percent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement, setting forth therein the time, place and purpose of such hearing. Such resolution shall be described in the City Newsletter and published twice at least one week apart in the official newspaper of the City no less than two weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimated unit prices and estimated total price thereof shall be mailed to each benefited property owner at owner's last known address at least two weeks prior to the date of said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City Council shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty days shall elapse after the public hearing before any further action shall be taken by the Council on the proposed improvement. If within such sixty day period, a petition against such improvement be filed with the Council, signed by a majority of the owners proposed to be assessed for the improvement, or, when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement at least equal to the number of those who petitioned for the improvement, the Council shall not make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with the Council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the petition against the improvement. 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. Subdivision 2. Regardless of the provisions in Subdivision 1, when less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assessment, 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. Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at anytime 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 8.07. Assessments for Services. The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property may be assessed against property benefited and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8.03 of this chapter. 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384