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RELEVANT LINKS: <br />Minn. Stat. § 429.111. <br />A.G. Op. 59-B-14, (June 26, <br />1956). <br />Minn. Stat. § 429.021, subd. <br />3. <br />See Section I-B: The special <br />benefit test. <br />Minn. Stat. § 429.101. <br />See Section I-F-2: Assessing <br />unpaid special service <br />charges. <br />Minn. Stat. § 429.031, <br />subd.1(f). <br />See Section II-D-1: Voting <br />requirements for ordering the <br />improvement. <br />Minn. Stat. § 429.061, subd. <br />1. <br />Minn. Stat. § 429.021, subd. <br />3. <br />See Section II-G-1: Publish <br />notice of assessment hearing. <br />Minn. Stat. § 429.021, subd. <br />3. <br />See Section IV-C: Deferred <br />assessments. <br />VIII. Charter cities <br />Generally, any city operating under a home rule charter may proceed either <br />under Chapter 429 or under its charter in making an improvement, unless a <br />home rule charter or amendment taking effect after April 17, 1953 provides <br />for an improvement under Chapter 429 or the charter exclusively. If a city <br />proceeds under its charter, the city council should consult the city attorney to <br />ensure that the charter procedure complies with Chapter 429 where state law <br />so requires. Some specific areas to consider are as follows: <br />A. Special benefit test <br />The special benefit rule applies to charter cities. Again, the special benefit <br />rule requires that the amount of special assessments to a parcel of property <br />cannot exceed the increase in market value of that property because of the <br />improvement. <br />B. Assessing unpaid charges <br />The law specifically lists the special services that cities can specially assess <br />if not paid by the property owner or occupant. Statutory cities cannot add to <br />this list but charter cities may be able to add to it by charter amendment. <br />C. Voting requirements <br />If there is no petition for the local improvement, statutory city councils must <br />adopt the resolution ordering an improvement with a "super -majority" vote. <br />This means the council can only adopt the resolution by a four -fifths vote of <br />all members of the council. If the mayor of a charter city has no vote or <br />votes only in case of a tie, the mayor is not considered a member for the <br />purpose of determining a four -fifths majority vote. <br />D. Notice of right to appeal <br />Even if the city follows charter procedures, state law requires that charter <br />cities send the same notices of proposed assessments to inform property <br />owners of the procedures they must follow under the charter in order to <br />appeal the assessments to district court. <br />E. Deferrals <br />If the city offers deferments, notices of proposed assessments must tell <br />property owners about deferments and how to procure them. Like statutory <br />cities, charter cities may choose to offer deferrals to those who are 65 years <br />of age or older or retired by virtue of a permanent and total disability. <br />League of Minnesota Cities Information Memo: 9/22/2011 <br />Special Assessment Guide Page 34 <br />