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Public Imprgvements Special Assessments § 4.60 <br /> <br />or two or more tJ~pes of improvement in or on the same street or sweets or different sweets may be <br />included in one proceeding and conducted as one improvement. <br /> <br />4.60.05 Pt'ocedure. <br /> [ <br /> SUbdivision I. Petitions, Hearings. Ali local improvements to be paid <br />for by special assessments against the benefited property shall be instituted by either, <br /> <br /> a. petition of at least 35% in number of the abutting property owners <br /> : together with a resolution adopted by an affu'mative vote of the majority <br /> of all of the Council, or <br /> b. a resolution adopted by a 4/5 affumafive vote of all of the Council. <br /> <br />The Council reslolution shall state the nature and scope of the proposed improvement, and shall <br />provide the mea~s to obtain a cost estimate which shall set forth the cost of the improvement both <br />in unit price ancl in total thereof. Upon receipt of such estimate, the Council shall by resolution <br />identify all benefited property owners and shall by resolution set a date for a public hearing on the <br />proposed impro~vement, setting forth therein the time, place and purpose of such hearing. Such <br />resolution shall ~c described in the City newsletter and published twice at least one week apart in <br />the official new~paper of the City no less than two weeks Prior to the date of said hearing, and in <br />addition thereto g copy of such resolution including the estimated total and annual assessment cost <br />for each type 9f benefited property, estimated unit prices and estimated total price of the <br />improvements shall be mailed to each benefited property owner at their last known address at least <br />two weeks prior to the date of said hearing. Failure to give mailed notice or any defect in the <br />notice, shall notfinvalidate the proceedings; however, corrections shall be published at the earliest <br />practical time. At such hearings the Council shall receive any written and oral statements, and hear <br />any petitioners ~or or against the proposed improvement. A period of sixty days shall elapse after <br />the public hearing before any further action shall be taken by the Council on the proposed <br />improvement, l[f wifhin such sixty-day period, a petition against such improvement be filed with <br />the Council, sigped by a majority of the benefited property owners proposed to be assessed for the <br />improvement, pr, when the improvement has been petitioned for, a petition against such <br />improvement s~gned by a number of the benefited property owners proposed to be assessed for <br />such improvement at least equal to the number of those who petitioned for the improvement, the <br />Council shall n~t make such improvement at the expense of the property benefited, unless, in the <br />meantime, ther~be filed with the Council a petition asking that the improvement be made, signed <br />by benefited p[operty owners proposed to be assessed for such improvement at least equal in <br />number to thos{ who signed the petition against the improvements in such event the Council may <br />disregard the p~tition against the improvement.. Any person whose name appears on a petition to <br />the Council foria local improvement, or on a petition to the Council against a local improvement, <br />may withdraw iheir name by a statement in writing filed with thc Council before such petition is <br />presented to tho Council or in person at a public hearing. <br /> <br /> Subd. 2. Protest Petition. Regardless of the provisions in Subdivision I, of <br />this section, when less than 80% of the estimated cost of a proposed local improvement is to be <br />paid for by spe_~ial assessment, excluding minor ordinary expenses incurred in the course of City <br />affairs, withini the sixty-day period after a public hearing has been held on the proposed <br />improvement, 8 petition may be filed with the Council, signed by a number of voters greater than <br />50% of the number of registered voters at the time of the last City wide election, protesting against <br />either the improvement, or the financing method, or both. In this event the Council shall not <br />proceed with itte improvement, as proposed. <br /> <br />Subd. 3. Limitations. When a proposed improvement is allowed under the <br /> <br />Printed 4/3/95 Page 53 <br /> <br /> <br />