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CITY_CHARTER_CC_20130512
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01-26-2021
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CITY_CHARTER_CC_20130512
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MV City Charter Commission
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<br />22 <br /> <br />CHAPTER 8 <br /> <br />PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS <br /> <br /> Section 8.01. Power to Make Improvements and Levy Assessments. The City may make <br />any type of public improvement not forbidden by law and levy special assessments to pay all or any <br />part of the cost of such improvements as are of a local character. The total assessments for any local <br />improvement may not exceed the cost of the improvement, including all costs and expenses <br />connected therewith, with interest. No assessment shall exceed the benefits to the property. <br /> <br /> Section 8.02. Effective Charter Provisions. Local improvements (the term "local <br />improvement" shall mean a public improvement financed partly or wholly from special <br />assessments) shall be carried out exclusively under the provisions of this Charter. <br /> <br /> Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this <br />Charter goes into effect, the Council shall enact suitable ordinance(s) governing local improvements <br />and special assessments. The ordinance(s) shall provide a complete working code covering the <br />determination of assessments and assessment Districts, public hearings, appeals from a collection of <br />assessments, penalties for delinquency in making payments, financing of said assessments, and the <br />certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall <br />also provide for installment payments and notices to be given thereof, appellate procedure, re- <br />assessment, if necessary, and all other matters appropriate to the subject of local improvements and <br />assessments. After the adoption of such ordinance(s) providing for local improvements, all <br />procedures in compliance therewith shall conform to the regulations as set forth in such <br />ordinance(s) and as otherwise contained in this Charter. <br /> <br /> Section 8.04. Procedure. <br /> <br /> Subdivision 1. All improvements to be paid for by special assessments against the benefited <br />property shall be instituted by either, (1) the petition of at least twenty-five percent in number of the <br />benefited property owners together with a resolution adopted by an affirmative vote of the majority <br />of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the <br />Council. The Council resolution shall state the nature and scope of the proposed improvement, and <br />shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both <br />in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a <br />date for a public hearing on the proposed improvement, setting forth therein the time, place and <br />purpose of such hearing. Such resolution shall be described in the City Newsletter and published <br />twice at least one week apart in the official newspaper of the City no less than two weeks prior to <br />the date of said hearing, and in addition thereto, a copy of such resolution including estimated unit <br />prices and estimated total price thereof shall be mailed to each benefited property owner at owner's <br />last known address at least two weeks prior to the date of said hearing. Failure to give mailed <br />notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City <br />Council shall receive any written and oral statements, and hear any petitioners for or against the <br />proposed improvement. A period of sixty days shall elapse after the public hearing before any <br />further action shall be taken by the Council on the proposed improvement. If within such sixty day <br />period, a petition against such improvement be filed with the Council, signed by a majority of the <br />owners proposed to be assessed for the improvement, or, when the improvement has been petitioned <br />for, signed by a number of the owners proposed to be assessed for such improvement at least equal
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