Chapter 8 Public Improvements - Laserfiche WebLink

Home Browse Search

CHAPTER 8 PUBLIC IMPROVEMENTS the expense of the property benefited, unless in the same sixty day period a majority of the benefited properties owners file a petition requesting the improvement proceed as proposed. If the petition requests changesm but is not against the proposed improvement, the Council and City Staff will review the proposed changes and estimate the total project cost resulting from the requested changes, as if the alternative was part of the original proposal. The proposed changes shall not delay or change the sixty day waiting period. 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. Section 8.06. Procedure. 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 December 12, 2013 Page 7 of 8 13 14 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326