Minutes - Charter Commission - 01/26/1984

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or, (2) a resolution adopted by a four-fifths affirmative vote of all of the council. 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 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 newlsetter 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 benefited property, estimated unit prices and estimate total price of the improvements shall be mailed to each benefited 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 and 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 benefited owners or when the improvement has been petitioned for, signed by a number of benefited property owners 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 benefited, unless, in the meantime, there be filed with the council a petition asking that the improvement be made, signed by benefited property owners 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 ~mprovement, 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. Section 8.04.03 (Formerly 8.04.02) Regardless of the provisions in Section 8.04.02, when less than 100 percent of the estimated cost to the city of a proposed local improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed w~th the council, signed by at least 25% of the registered voters at the time of the last city wide election, protesting against e~ther the improvement, or the f~nancing method, or both. In this event, the council shall not proceed with the improvement as proposed. Section 8.04.04 (Formerly 8,04.05~ existing verbage deleted and replaced with:) The City Council shall follow the uniform contracting law advertising and receiving b~ds, provided, that ~n the event the lowest responsible b~d exceeds the cost estimate as provided for in Section 8.04.02 by more than 10%, then no contract shall be let, and in order to implement the proposed improvement, it shall be necessary to institute the proceedings for such improvements DE NOV0. Section 8.04.05 (Formerly 8.04.04) When a proposed improvement is disallowed under the foregoing sections, the council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. CC/January 26, 1984 Page 6 of 8