Subdivision 1. All improvements to be paid for by special assessments against the benefitted property shall be instituted by either, (1) a petition of at least twenty-five percent (25%) in number of the benefitted property powers (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature.) together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall state the nature and scope of proposed improvement including the number of benefitted property owners, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement setting forth therein the time, place and purpose of such hearing. Such resolution shall be published twice, at least one week apart, in the official newspaper of the City no less than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimate unit prices and estimated total price thereof shall be mailed to each benefitted property owner at his/her last known address at least two (2) weeks prior to the date of said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. At such hearing the City Council shall present a special assessment formula and an analysis of the assessment income expected to offset the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing before any further action shall be taken by the Council, on the proposed improvement. If within such sixty (60) day period, in a petitioning process independent of the initiating process, a petition against such improvement be filed with the Council, signed by a majority of the owners proposed to be assessed for such improvement, or when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement, at least equal to the number of those who petitioned for the improvement, the Council shall not make such improvement at the expense of the property benefitted, unless, in the meantime there be filed with the Council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the petition against the improvement. Any person, whose name appears on a petition to the Council for a local improvement, may withdraw his/her name by statement in writing filed with the Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit said improvement and its associated assessment formula to the City’s voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. (Ord. 05-13, passed 1-13-2014)
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of the proposed improvement contains all of the evidence on which the Council shall base their decision, the Council may by resolution, at any time between sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the improvement. If after bids are received on the project the proposed contract exceeds the estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than ten (10%) percent, the City Council may not award the contract for the proposed improvement, but may rebid the project for one (1) time only.
(Amended)
Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one (1) year after the public hearing on said improvement.
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