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429.031 MINNESOTA STATUTES 2016 6
<br /> no vote or votes only in case of a tie,the mayor is not deemed to be a member for the purpose of determining
<br /> a four-fifths majority vote.
<br /> (g)The resolution ordering the improvement may reduce,but not increase,the extent of the improvement
<br /> as stated in the notice of hearing.
<br /> Subd. 2.Approval by park board or utilities commission.A resolution ordering a park improvement
<br /> may be adopted only by a four-fifths vote of the council and shall also be approved by the park board, if
<br /> there is one; provided,that if the mayor of the municipality is a member of the council but has no vote or
<br /> votes only in case of a tie, the mayor shall not be deemed to be a member for the purpose of determining
<br /> such four-fifths majority vote. A resolution ordering an improvement of the water, sewer, steam heating,
<br /> street lighting or other facility over which a utilities commission has jurisdiction shall also be approved by
<br /> the utilities commission.
<br /> Subd. 3. Petition by all owners.Whenever all owners of real property abutting upon any street named
<br /> as the location of any improvement shall petition the council to construct the improvement and to assess the
<br /> entire cost against their property, the council may,without a public hearing,adopt a resolution determining
<br /> such fact and ordering the improvement.The validity of the resolution shall not be questioned by any taxpayer
<br /> or property owner or the municipality unless an action for that purpose is commenced within 30 days after
<br /> adoption of the resolution as provided in section 429.036.Nothing herein prevents any property owner from
<br /> questioning the amount or validity of the special assessment against the owner's property pursuant to section
<br /> 429.081.In the case of a petition for the municipality to own and install a fire protection system,a pedestrian
<br /> skyway system, or on-site water contaminant improvements, the petition must contain or be accompanied
<br /> by an undertaking satisfactory to the city by the petitioner that the petitioner will grant the municipality the
<br /> necessary property interest in the building to permit the city to enter upon the property and the building to
<br /> construct, maintain, and operate the fire protection system, pedestrian skyway system, or on-site water
<br /> contaminant improvements. In the case of a petition for the installation of a privately owned fire protection
<br /> system, a privately owned pedestrian skyway system, or privately owned on-site water contaminant
<br /> improvements, the petition shall contain the plans and specifications for the improvement, the estimated
<br /> cost of the improvement and a statement indicating whether the city or the owner will contract for the
<br /> construction of the improvement. If the owner is contracting for the construction of the improvement, the
<br /> city shall not approve the petition until it has reviewed and approved the plans, specifications, and cost
<br /> estimates contained in the petition. The construction cost financed under section 429.091 shall not exceed
<br /> the amount of the cost estimate contained in the petition.In the case of a petition for the installation of a fire
<br /> protection system,a pedestrian skyway system, or on-site water contaminant improvements,the petitioner
<br /> may request abandonment of the improvement at any time after it has been ordered pursuant to subdivision
<br /> I and before contracts have been awarded for the construction of the improvement under section 429.041,
<br /> subdivision 2. If such a request is received,the city council shall abandon the proceedings but in such case
<br /> the petitioner shall reimburse the city for any and all expenses incurred by the city in connection with the
<br /> improvement.
<br /> History: 1953 c 398 s 3; 1955 c 811 s 1; 1957 c 430 s 1; 1961 c 525 s 1,2; 1963 c 771 s 1; 1965 c 877
<br /> s 2; 1967 c 57 s 1,2; 1973 c 123 art 5 s 7, 1984 c 548 s 5; 1984 c 582 s 4; 1984 c 591 s 3; 1984 c 633 s 3,-
<br /> 1986
<br /> ;1986 c 444; 1994 c 614 s 6; 1996 c 402 s 1;2000 c 490 art 5 s 32
<br /> 429.035 IMPROVEMENTS,PETITION.
<br /> When any petition for the making of any improvement in any statutory city,town,or city of the second,
<br /> third,or fourth class,however organized, for the cost of which special assessments may be, in whole or in
<br /> part, levied therefor, is presented to the governing body of the municipality,this body shall,by resolution,
<br /> Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.
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