Agenda - Council - 08/26/2003 - Laserfiche WebLink

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4.60.05 Procedure -. Subdivision 1, Petitions, Hearings. All local improvements to be paid for by special assessments against the benefited property shall be instituted by either: Petition of aK least 25% in number of the abusing property, owners together with a resolution adopted by an affu-Tnative vote of the majonD, of all of the Council, or b. A resolution adOpted by a 4/5 affu-marive vote of all of the Council. The Council resolution shall state the nature and scope of the proposed improvement, and shall brov/de the means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receiDt of such estimate, the Council shall by resolution identi~ ail benefited property owners and shall by resolution set a date for a public hearing on the proposed improvement, setting forth therein the time, place and purpose of such heanng. Such resolution shall be described in the City newsierter 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 heanng, and in addition thereto a copy of such resolution including the estimated total and a~mual assessment cost for each type of benefi'red property, estimated unit prices and estimated total p~hce of' the improvements shall be mailed to each bene£xted prope~.rty owner at their last la:own address at least t~,o weeks prior to the date of said hearina._ Failure to =.*ire mailed notice or an), def'ect in the notice, shall not invalidate the proceedings; however, corrections shall be published at the earliest practical time. At such hearings the 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 heanng before any ~trther action shall be taken by the Counci] on the proposed improvement. If within s'ach sixU'-day period, a petition against such improvement be filed with the Council, silo-ned by a majority of the benefited prope~wy owners proposed to be assessed for the improvement, or, when the improvement has been petitioned for, a petition a~_ainst such imr)rovement sig-ned by a number of the benefited prope~y owners proposed to be assessed f~r suc~/ improvement at least equal to the number of those who petitioned for the improvement, the Council shxll not make such improvement at the expense of the prope~y benefited, unless, in the meantime, there be filed with the Council ape. tition using that the improvement be made, si~maed by benefited prope~y owners proposed to be'assessed for such improvement at least equal in nunaber to those who si~ed the petition against the improvements in such event the Council may disregard the petition against the improvement. .4~y person whose name appears on a petition to the Council for'a local improvement, or on a petition to the Counci] against a local improvement, ma), withdraw their name by.a statement in writing filed with the Council before such petition is presented to the Council or in person at a publJc hearing. Subd. 2. Protest Petition. Regard]ess of the provisions in Subdivision 1, of this section, when less than 80% of the estimated cost of a proposed local improvement is to be paid for by special assessment, excluding minor ordinau expenses incurred m the course o£ City affairs, within the sixty-day pe~od after a public heanng has been held on the proposed improvement, a petition may be filed with the Council, sigmed by a number of voters ~eater than 50% of the number of registered voters at the time of the last City wide election, protesting against either the improvement, or the financing method, or both. In this event the Council shall not proceed with the improvement, as proposed. Subd. 3. Limitations. ~rhen a proposed improvement is allowed under the foregoing subdivisions, the Council may proceed at any time ?oerween sixty days and one year after the public hearing on the improvement. However,'no contract shall be let in the event that -137-