5.10. SR 05-13-1996 - Laserfiche WebLink

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9193 LOCAL IMPBOVEMENT$, SPECLAL ASSESSMENTS 429.031 for this purpose. However, as to properties which are tax exempt or subject to taxation on a gross earnings basis and are not listed on the records of the county auditor or the county treasurer, the owners thereof shall be ascertained by any practicable means and mailed notice shaH be given them as herein provided. Prior to the adoption of such res- olution, the council shall secure from the city engineer or some competent person of its selection a report advising it in a preliminary way as to whether the Proposed improvement is feasible and as to whether it should best be made as proposed or in con- nection with some other improvement and the estimated cost of the improvement as recommended; but no error or omission in such report shah invalidate the proceeding unless it materially prejudices the interests of an owner. The council may also take such other steps prior to the hearing, including, among other things, the preparation of plans and specifications and the advertisement for bids thereon, as will in its judgtnent pro- vide helpful information in determining the desirability and feasibility of the improve- - ~, ..... ~,~y -mc w~mm s~x monms aner the date of the hear lng by vote ora majority ofall members ofthe council when the improvement has been' petitioned for by the owners of not less than 35 percent in frontage Of the real property abutting on the streets named in the petition as the location of the improvement, when there has been no such petition, the resolution may be adopted only by vote of four= fifths of all members of the council; provided that if the mayor of the municipality is a member of the council but has no vote or votes only in case ora tie, the mayor shah not be deemed to be a member for the purpose of determining such four-~'~ths majority vote. The resolution ordering the improvement may reduce, but not increase the extent of the improvement as stated in the notice of hearin& ' Subd. '2. Approval by park boxrd or utilities commission. A resolUti6n Ordering a park improvement may be adopted only by a four-fifths vote of the council and shah ~ be approved by the park board, if there is one; provided, that if the mayor of the municipality is a member of the council but has no vote or votes only in case of a tie, the mayor shah not be deemed to be a member for the purpose of determining such four-fifths majority vote. A resolution ordering an improvement of the water, sewer, steam heating, street lighting or other facility over which a utilities commission has jurisdi,~tion shah also be approved by the utilities commission. . upon any street named as the location of any improvement shall petition the council to construct the improvement and to assess the entire cost against their property, the council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. The validity of the resolution shah not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adoption of the resolution as provided in section 429. 036. Nothing herein prevents any property owner from questioning the amount or validity of thc special assessment against the owner's property pursuant to section 429. 081. In the case ora petition for the installation of a fire protection or a pedestrian sky- way system, the petition must contain or be accompanied by an undertaking satisfac- tory to .the city by the petitioner that the petitioner will grant the municipality the necessary property interest in the building to permit the city to enter upon the property and the building to construct, maintain, and operate the fire protection or pedestrian skyway system. In the case of a petition for the installation ora fire protection or pedes- trian skyway system which will be privately owned, the petition shah also contain the plans and specifications for the improvement, the estimated cost of the improvement and a statement indicating whether the city or the owner will contract for the construc- tion of the improvement., If the owner is contracting for the construction of the improvement, the city shah not approve the petition until it has reviewed and approved the plans, specifications, and cost estimates contained in the petition. The construction cost financed under section 429.091 shah not exceed the amount of the cost estimate 'ontained in the petition. In the case ora petition for the installation ora fire protection 'a pedestrian skyway system, the petitioner may request abandonment of the improvement at any time after it has been ordered pursuant to subdivision 1 and before