Laserfiche WebLink
<br />CHAPTER 8 <br />PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS <br /> <br />Section 8.1 Power to Make Improvements and Levy Assessments. <br />The city may make any <br />type of local improvement not forbidden by law and levy special assessments to pay all or part of <br />the cost of such local improvements. The total of the assessments for any local improvement <br />may not exceed the cost of the local improvement, plus all costs and expenses connected <br />therewith, including interest. No assessment shall exceed the benefit to the property assessed as <br />measured by the increase in the market value of the property assessed as a result of the local <br />improvement. <br /> <br />Section 8.2 Application of Charter. <br /> All local improvement projects shall be carried out <br />exclusively under the provisions of this charter. The term “local improvement” as used in this <br />Section shall mean a public improvement financed partly or wholly from special assessments. <br /> <br />Section 8.3 Assessments for Services. <br /> The council may provide by ordinance that the cost of <br />the city services to streets, sidewalks, or other public or private property may be assessed against <br />property benefited and may be collected in the same manner as special assessments. <br /> <br />Section 8.4 Local Improvement Procedure. <br /> When the city undertakes any local <br />improvement to which the state local improvement code Minn. Stat. Chapter 429 applies, it shall <br />comply with the provisions of that law, except as modified below. The council may by <br />ordinance prescribe the procedure to be followed in making any other local improvement and <br />levying assessments therefore. <br /> <br />8.4.1Sixty Day Waiting Period. <br /> A period of sixty (60) days shall elapse after the <br />conclusion of the public hearing required by law to precede the ordering of the <br />construction of a local improvement project (the “Public Hearing”) before the actual <br />ordering of the local improvement by the council and the council entering into a contract <br />for the local improvement construction. <br /> <br />8.4.2 Percentage of Owners Required. <br />When the local improvement has been <br />petitioned for by the owners of not less than 50 percent in frontage of the real property <br />abutting on streets named in the petition as the location of the local improvement the <br />resolution ordering the local improvement by the council may be approved by vote of a <br />majority of all members of the council. When there has been no such petition, the <br />resolution may be adopted only by vote of four-fifths of all members of the council. <br /> <br />8.4.3Petition Against the Local Improvement. <br /> A proposed local improvement may <br />be initiated by petition of the owners of real property abutting on the streets named in the <br />petition. If, within thirty (30) days of the conclusion of the public hearing, a petition <br />against such local improvement is filed with the city administrator which petition is <br />signed by a percentage of the owners of real property abutting on the streets named in the <br />initiating petition as the location of the improvement which percentage is greater than the <br />percentage of owners of real property who signed the initiating petition, the council shall <br />not make such local improvement at the expense of the abutting property owners. For <br />purposes of the foregoing sentence, “owners of real property” shall not include owners of <br />properties zoned for commercial or industrial uses or owners of properties zoned <br /> 19 <br /> <br />