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CHAPTER 8 (Draft of proposed changes 8/11/10) 1 2 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 3 4 Section 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of 5 public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of 6 such improvements as are of a local character. The total assessments for any local improvement may not 7 exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No 8 assessment shall exceed the benefits to the property. 9 10 Section 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall 11 mean a public improvement financed partly or wholly from special assessments) shall be carried out 12 exclusively under the provisions of this Charter. 13 14 Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter 15 goes into effect, the Council shall enact suitable ordinance(s) governing local improvements and special 16 assessments. If the specific projects for a local improvement are done in sections not the same as the 17 assessment District the Council shall provide a definition of a Project District to be used for definition of 18 benefited property owners for the purpose of initiative and referendum for each project. The ordinance(s) 19 shall provide a complete working code covering: 20  The determination of assessments and assessment Districts 21  The determination of Project Districts when specific benefited properties differ from the assessment 22 District 23  Public hearings 24  Appeals from a collection of assessments 25  Penalties for delinquency in making payments 26  Financing of said assessments 27  The certifying of unpaid assessments for collection by the proper county officer 28  Installment payments and notices to be given thereof 29  Appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of 30 local improvements and assessments. 31 32 After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance 33 therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this 34 Charter. 35 36 Section 8.04. Procedure. 37 38 Subdivision 1. All improvements to be paid for by special assessments against the benefited property 39 shall be instituted by one of the following methods: 40 41 (1) The petition of at least twenty-five percent in number of the benefited property owners together with a 42 resolution adopted by an affirmative vote of the majority of all of the Council 43 44 (2) A resolution adopted by a four-fifths affirmative vote of all of the Council. 45 46 The Council resolution shall state the nature and scope of the proposed improvement, and shall provide 47 means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in 48 total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing 49 on the proposed improvement, setting forth therein the time, place and purpose of such hearing. 50