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Agenda - Council - 10/24/2017
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Agenda - Council - 10/24/2017
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Meetings
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Council
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10/24/2017
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7 <br />MINNESOTA STATUTES 2017 429.041 <br />determine whether or not the petition has been signed by the required percentage of owners of property <br />affected thereby. <br />History: (1918-33) 1927 c 311 s 1; 1953 c 398 s 12; 1961 c 338 s 2; 1973 c 123 art 5 s 7 <br />429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION. <br />Any person, being aggrieved by this determination, may appeal to the district court of the county in <br />which the property is located by serving upon the clerk of the municipality, within 30 days after the adoption <br />and publication of the resolution, a notice of appeal briefly stating the grounds of appeal and giving a bond <br />in the penal sum of $250, in which the municipality shall be named as obligee, to be approved by the clerk <br />of the municipality, conditioned that the appellant will duly prosecute the appeal, pay all costs and <br />disbursements which may be adjudged against the appellant, and abide by the order of the court. The clerk <br />shall furnish the appellant a certified copy of the petition, or any part thereof, on being paid by appellant of <br />the proper charges therefor. The appeal shall be placed upon the calendar of the next general term commencing <br />more than 30 days after the date of serving the notice and filing the bond and shall be tried as are other <br />appeals in such cases. Unless reversed upon the appeal, the determination of the governing body as to the <br />sufficiency of the petition shall be final and conclusive. <br />History: (1918-34) 1927 c 311 s 2; 1986 c 444 <br />429.04 [Repealed, 1953 c 398 s 13] <br />429.041 COUNCIL PROCEDURE. <br />Subdivision 1. Plans and specifications, advertisement for bids. When the council determines to make <br />any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by <br />day labor or otherwise as authorized by subdivision 2, no later than one year after the adoption of the <br />resolution ordering such improvement, unless a different time limit is specifically stated in the resolution <br />ordering the improvement. The council shall cause plans and specifications of the improvement to be made, <br />or if previously made, to be modified, if necessary, and to be approved and filed with the clerk, and if the <br />estimated cost exceeds the amount in section 471.345, subdivision 3, shall advertise for bids for the <br />improvement in the newspaper or recognized industry trade journal as defined in section 331A.01, subdivision <br />11, and for such length of time as it may deem advisable. If the estimated cost exceeds twice the amount in <br />section 471.345, subdivision 3, publication shall be made no less than three weeks before the last day for <br />submission of bids once in the newspaper and at least once in either a newspaper published in a city of the <br />first class or a recognized industry trade journal. The advertisement shall specify the work to be done, shall <br />state the time when the bids will be publicly opened for consideration by the council, which shall be not less <br />than ten days after the first publication of the advertisement when the estimated cost is less than twice the <br />amount in section 471.345, subdivision 3, and not less than three weeks after such publication in other cases, <br />and shall state that no bids will be considered unless sealed and filed with the clerk and accompanied by a <br />cash deposit, cashier's check, bid bond, or certified check payable to the clerk, for such percentage of the <br />amount of the bid as the council may specify. In providing for the advertisement for bids the council may <br />direct that the bids shall be opened publicly by two or more designated officers or agents of the municipality <br />and tabulated in advance of the meeting at which they are to be considered by the council. Nothing herein <br />shall prevent the council from advertising separately for various portions of the work involved in an <br />improvement, or from itself, supplying by such means as may be otherwise authorized by law, all or any <br />part of the materials, supplies, or equipment to be used in the improvement or from combining two or more <br />improvements in a single set of plans and specifications or a single contract. <br />Copyright CO 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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