Agenda - Council - 11/13/1990 - Laserfiche WebLink

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I I I I I I I I i I i I I I I I I I Section 8.5. Procedures. 8.5.1. All improvements to be paid for by special assessments against the benefitted property shall be instituted by either, (1) the petition of at least thirty-five percent in number of the abutting 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 affirmative vote of all of the cotmcil. The council resolution shall state the nature and scope of the proposed improvement, and shall provide 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 receipt of such estimate, the council shall by resolution identify all benefitted 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 hearing. Such resolution shall be described in the city newsletter 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 hearing, and in addition thereto, a copy of such resolution including the estimated total and annual assessment cost for each type of benefitted property, estimated unit prices and estimated total price of the improvements shall be mailed to each benefitted property owner at his/her last known address at least two weeks prior to the date of said hearing. The council shall prescribe by ordinance, a method of verification of such mailing. Failure to give mailed notice, or any defect in the notice, shall not invalidate the proceedings; however, corrections shall be published at the earliest practical time. At such hearings the city council shall receive any written or oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty 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 period, a petition against such improvement be filed with the council, signed by a majority of the benefitted property owners proposed to be assessed for the improvement, or, when the improvement has been petitioned for, a petition against such improvement signed by a number of benefitted property 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 benefitted, unless, in the meantime, there be filed with the council a petition asking that the improvement be made, signed by benefitted property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in such 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 his/her name by a statement in writing filed with the council before such petition is presented to the council or in person at a public hearing. 8.5.2. Regardless of the provisions in section 8.5.1., when less than 80 percent of the estimated cost to the city of a proposed local improvement is to be paid for by special assessment, excluding minor ordinary expenses incurred in the course of city affairs within