CITY CHARTER - 2023 Website Version American Legal

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exclusively under the provisions of this Charter. Section 8.03. Local Improvement Ordinances and Regulations. Within ninety (90) days after this Charter goes into effect, the Council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of said assessments, and the certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, re- assessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments. After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this Charter. (Amended 2023 Ord. 1009.) Section 8.04. 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 (25%) 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’ (4/5ths’) 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 (1) week apart in the official newspaper of the City no less than two (2) 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 (2) 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 Council shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty (60) 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 (60-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. (Amended 2023 Ord. 1009.) Subdivision 2. Regardless of the provisions in Subdivision 1, when less than 100 percent (100%) of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty-day (60-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. (Amended 2023 Ord. 1009.) Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at anytime between sixty (60) days and one (1) year after the public hearing on