|
429.031 MINNESOTA STATUTES 2017 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 />1 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 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 CO 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
<br />
|