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Chp8upd-20140310
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3/16/2023 12:24:39 PM
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MV City Charter
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<br /> <br />Section 8.06. Procedure. 308 <br /> 309 <br /> Subdivision 1. All improvements to be paid for by special assessments against the benefited property 310 <br />shall be instituted by either, (1) the petition of at least twenty--five percent in number of the benefited property 311 <br />owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a 312 <br />resolution adopted by a four--fifths affirmative vote of all of the Council. The Council resolution shall state 313 <br />the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which 314 <br />shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such 315 <br />estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement, setting 316 <br />forth therein the time, place and purpose of such hearing. Such resolution shall be described in the City 317 <br />Newsletter and published twice at least one week apart in the official newspaper of the City no less than two 318 <br />weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimated 319 <br />unit prices and estimated total price thereof shall be mailed to each benefited property owner at owner's last 320 <br />known address at least two weeks prior to the date of said hearing. Failure to give mailed notice, or any 321 <br />defects in the notice, shall not invalidate the proceedings. At such hearing the City Council shall receive any 322 <br />written and oral statements, and hear any petitioners for or against the proposed improvement. A period of 323 <br />sixty days shall elapse after the public hearing before any further action shall be taken by the Council on the 324 <br />proposed improvement. If within such sixty day period, a petition against such improvement be filed with the 325 <br />Council, signed by a majority of the owners proposed to be assessed for the improvement, or, when the 326 <br />improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such 327 <br />improvement at least equal to the number of those who petitioned for the improvement, the Council shall not 328 <br />make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with 329 <br />the Council a petition asking that the improvement be made, signed by property owners proposed to be 330 <br />assessed for such improvement at least equal in number to those who signed the petition against the 331 <br />improvement; in which event the Council may disregard the petition against the improvement. Any person 332 <br />whose name appears on a petition to the Council for a local improvement, or on a petition to the Council 333 <br />against a local improvement, may withdraw their name by a statement in writing filed with the Council before 334 <br />such petition is presented to the Council. 335 <br /> 336 <br /> Subdivision 2. Regardless of the provisions in Subdivision 1, when less than 100 percent of the 337 <br />estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty day 338 <br />period after a public hearing has been held on the proposed improvement, a petition may be filed with the 339 <br />Council, signed by a majority of the number of electors who voted for Mayor in the last regular municipal 340 <br />election, protesting against either the improvement, or the assessment formula, or both. In this event, the 341 <br />Council shall not proceed with the improvement, as proposed. 342 <br /> 343 <br /> Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the 344 <br />Council may proceed at anytimeany time between sixty days and one year after the public hearing on the 345 <br />improvement. However, no contract shall be let in the event that the current proposed contract exceeds the 346 <br />estimated cost by more than ten percent. 347 <br /> 348 <br />Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the 349 <br />Council shall not vote on the same improvement within a period of one year after the public hearing on 350 <br />said improvement. 351 <br /> 352 <br /> Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the 353 <br />Council shall not vote on the same improvement within a period of one year after the public hearing on said 354 <br />improvement. 355 <br /> 356 <br /> Section 8.0507. Assessments for Services. The Council may provide by ordinance that the 357
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