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'4.60.05 Proc~cture
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<br /> Subdivision 1. Pe~Jtio,~s, Hearings. Ail local imorovements to be paid for
<br />by special assessments against il~e bene~ted property shall be msnrated bY
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<br />Petition of at least ~5°.,'i, m number of the abutxm'g propen7 owners to,oetber
<br />with a resolution adopted bv an az~iz-matY,~e vote of the ma~on~, of ail of ~ms
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<br />b. A resolution adopted by a 4/5 affu,~-native vote of all of the Co ,tmcil.
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<br />The Council resokition shall state the nature and scope of the proposed improvement, ~d shall
<br />provide the means to obtain a cost coin-nato wNch shall sci i%~h the cost of the ~provement
<br />both mumt price and in toni thsrsoi Upon rscsinr of such estimatm the Council shad by
<br />resolution identi~' all benefited prope~, owners and sh~] by resolution set a date ~or a pubIi~
<br />he~ng on tt~e proposed improvement, se~ing fo~i ~erein the i~e~ place ~d pu~ose of such
<br />hea~mg. Such resolution shall be described m the Ci~ newsieazr and published ~,ice al least
<br />one week apmz in the official newspaper of ~e Ci~' no less than ~o weeks prior to the date of
<br />said hea~g. ~nd in addition fl~er~to a copy of suc~ resoluuon including the es~ated totM and
<br />~ual assessmem cost for each b,pe of benefi'ted prope~y, estimated unit puces and estimated
<br /> ~.,~ the improvements shaI] be marled to each benefited srope~v owner ~t ths~~ last
<br />l~own address ~t least ~o weeks prior to the date of said heanng. FMiure to We m~led notice
<br />or ~nv .... defect in ~e notice, shall not mvaiidate ~e procssdmgs; however, co~non~=-' ~ shall be
<br />published at ~he :~lies~ practical time. A~ such hearmgs th~ ~o~cii ohM1 receive ~ny w~sn
<br />and oral statsmsnts~ ~d hear any petitioners for or against the proposed ~provsmsnt. A period
<br />of six~', d=v~. ~ shall clause, ~ffer the public heanng_, before any.. ~her action cheil, be taken by the
<br />Council on the proposed ~srovement. If wit~2n such sixV-day pefio& a petition ages; such
<br />imoroveme.nt be filed wi~ the Council, si~ed by a majonT of the benefited prop:~, o~nsrs
<br />proposed to be assessed for the improvement or, when the ~provemsni has been petitioned I%r,
<br />a pennon against such ~prove~snt si~ed by a number of fi~e benefited prope~ owners
<br />proposed to be ~sessed for suc~ improvement al 'lsat equal to ~e number of Lhose who
<br />psnfioned for the ~provsmsnt, the Council s~l] 'not mMce such improvement at the expense of
<br />the props~y benefits& uNess, in the meantime, there be filed with the Council a p~tition as~ng
<br />that ~e improvement be made, si~sd by benefited prope~ owners proposed to be'~sesssd for
<br />such improvement at least equal m number to hhose who si~ed the petition ag~st ~e
<br />~provsments in such event ~e 'Council may disregard ~e petition agamst d~e ~provement.
<br />.~my person whos~ name appears on a petition to ~e Council for a local ~provement, or on a
<br />petition to the Council agamsi a local improvement, may wifi~aw their n~e by a statement in
<br />wntmg filed with the Co~cii before such petition is presented to ~e Co~cil or m person at a
<br />public hsa~g.
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<br /> Subd.~. ~ Protest Petition. P ~_~=.--a~= 0f the provisions in Subdivision i. of
<br />this section, when less than 80% of the estimated cost of a proposed local m-nprovemem is to be
<br />paid for by special ~sessment, sxcludmg ~or ordma~ sxnenses mc,~sd m ffhe course of caw
<br />affa~s, wifinn the sixq~,-day penod after a public hea~g h~ b~sn h~id on the proposed
<br />Umprov:msnt, a petition mai,' be filed with the Council, si~ed by a number of vot~rs ~:ater th~
<br />50% of ~e number of registered voters at the tnme of the ]~t CiE~ wide ¢tec~ion, protesting
<br />agmst rather the improvement, or fl~e ~ancing method, or both. ~ t~s event the Co=cil shah
<br />not proceed with fi~e improvement, ~ proposed.
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<br /> Subd. 3. Limitations. ~Pnen a proposed U'nprovement is allowed under the
<br />foregoing subdivisions, the Council ma5.' proceed at any time bec, eon sixty.' days and one ),ear
<br />after the public heanng on the nm~prov~ment. However,'no contract shall be ie~ in the event that
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