Agenda - Charter Commission - 12/18/2024

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the location of the local improvement the resolution ordering the local improvement by the council may be approved by vote of a majority of all members of the council. When there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. 8.4.3 Petition against the local improvement. A proposed local improvement may be initiated by petition of the owners of real property abutting on the streets named in the petition. If, within 30 days of the conclusion of the public hearing, a petition against such local improvement is filed with the city administrator which petition is signed by a percentage of the owners of real property abutting on the streets named in the initiating petition as the location of the improvement which percentage is greater than the percentage of owners of real property who signed the initiating petition, the council shall not make such local improvement at the expense of the abutting property owners. For purposes of the foregoing sentence, "owners of real property" shall not include owners of properties zoned for commercial or industrial uses or owners of properties zoned residential greater than ten acres in size based on zoning classifications in effect at the date of such petition, or owners of non -homestead real property greater than one acre in size. 8.4.4 Counter petition in favor of the improvement. If within 30 days of the filing with the city administrator of a petition against the local improvement as described in section 8.4.3 above, there is filed with the city administrator a petition in favor of the local improvement, signed by owners of real property abutting on the streets named in the initiating petition as the location of the improvement, in a percentage greater than the percent of owners of real property who signed the petition against the local improvement, then in such event the council may disregard the petition against the local improvement and proceed with the local improvement. 8.4.5 Petition against council initiated improvement. If the local improvement was initiated by council resolution without an initiating petition and, within 60 days of the conclusion of the public hearing, a petition is filed with the city administrator against such local improvement and which petition is signed by 60 percent or more of the owners of real property proposed to be assessed for and benefited by the local improvement, the council shall not make such local improvement at the expense of the benefited property owners. For purposes of the foregoing sentence, "owners of real property" shall not include owners of properties zoned for commercial or industrial uses or owners of properties zoned residential greater than ten acres in size based on zoning classifications in effect at the date of such petition, or owners of non -homestead real property greater than one acre in size. 8.4.6 Withdrawal of name from petition. Any person whose name appears on a petition to the council in favor of a local improvement, or on a petition to the council filed against a local improvement, may withdraw his/her name by a statement in writing filed with the city administrator before such petition is presented to the council or in person at a city council meeting before the city council accepts said petition. 8.4.7 Filing of petition with city council. All completed petitions filed with the city administrator as described herein shall be presented to the council by the city administrator at the council's next regularly scheduled meeting. 8.4.8 One year before any further action. When a proposed local improvement is disallowed pursuant to the petition process described in 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. (Ord. of 1-25-1993; Ord. No. 06-22, § 2, 7-5-2006; Ord. No. 12-08, § 2, 6-26-2012; Ord. No. 14-07, § 2, 8-11-2014) (Supp. No. 13, Update 3) Page 17 of 25 Created: 2024-10-04 12:02:16 [EST]