CCP 01-10-2000 - Laserfiche WebLink

Home Browse Search

429.03] LOCAL IMPROVEMEJ'l.JS. SPECIAL ASSESSMENTS . pose, For properties that are tax ex.empt or subject to taxation on a gross earnings basis and are not .listed on the reco~ds of the county auditor or the county treasurer. the owners may be ascertamed by any practicable means, and mailed notice must be given them as provided in this subdivision. (b) Before the. adoptio~ of a resolution ordering the improvement. the council shall se- ~~re from .th~ city engineer or some other competent person of its selection a repon advising It m a prelImmary way as to whether the proposed improvement is necessary, cost-effective and feasible and as to whether it should best be made as proposed or in connection with som~ other improvement. The repon must also include the estimated cost of the improvement as recommended, No error or omission in the repon invalidates the proceeding unless it materi- ally preju<!ices the interests of an owner. . (c) !fthe report is not prepared by an employee of a municipality, the compensation for preparing the report under this subdivision must be based on the following factors: (I) the time and labor required; (2) the experience and knowledge of the preparer; (3) the complexity and novelty of the problems involved; and (4) the extent of the responsibilities assumed. (d) The compensation must not be based primarily on a percentage of the estir.lated cost of the improvement. . . (e) The council may also take other steps prior to the hearing, including, among other thmgs, the preparation of plans and specifications and the advertisement for bids that will in its judgment provide helpful information in determining the desirability and feasibility of the Improvement. . .~pcl (f) The hearing may be adjourned from time to time. and a resolution ordering the im- provement may be adopted at any time within six months afterthe date ofthe hearing by vote of a majority of all members of the council when the improvement has been petitioned for by the owners of not less than 35 percent in froptage of the real property abutting on the streets named in the petition as the location of the improvement. When there has been no such peti- tion. 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 \"ote or votes only in case of a tie, the mayor is not deemed to be a member for [he purpose of deter- mining a four-fifths majority vote. (g) The resolution or.dering the iIl1provement may reduce, but not increase. the extent of the improvement as stated in the notice of hearing. Subd. 2. Approval by park board or utilities commission. A resolution ordering a park improvement may be adopted only by a four-fifths vote of the couucil and shall also be approved by the park board, ifthere 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 shall not be deemed to be a member for the purpose of determining such four-fifths majority vote. A res- olution ordering an improvement of the water, sewer, stearn heating, street lighting or other facility over which a utilities commission has jurisdiction shall also be approved by [he utili. ties commission. Subd. 3. Petition by all owners. Whenever all owners of real property abutting 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 theirpropeny, the council may. without a public hearing. adopt a resolution determining such fact and ordering the improvement. The validity of the resolution shall not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adop- tion of the resolution as provided in section 429.036, Nothing herein prevents any propertY owner from questioning the amount or validity of the special assessment against the owner's property pursuant to section 429.081.ln the case of a petition for the municipality to own and install a fire protection system. a pedestrian skyway system, or on-site water contaminant improvements. the petition must contain or be accompanied by an undertaking satisfactory to the city by the petitioner that the petitioner will grant the municipality the necessary pro~ erty interest in the building to permit the city to enter upon the property and the building to construct. maintain. and operate the tire protection system, pedestrian skyway system. or . 630 631 on-site water contaminant impr privately owned fire protection s vately owned on-site water conI and specifications for the impro ment indicating whether the cit' provement. If the owner is contT<. not approve the petition until it h estimates contained in the petit' shall not exceed the amount of petition for the installation of a site water contammant improve: provementat any time after it ha' have been awarded for the const sion 2. If such a request is receivt case the petitioner shall reimbu connection with the improvemt History: 1953 c 398 s 3; . 771 s 1; 1965 c 877 s 2; 1967, 582 s4; 1984 c 591 s 3; 1984 ( 429.035 IMPROVEMENTS. When any petition for the city of the second. third, or fm assessments may be. in whole 0, the municipality, this body sh2 been signed by the required pe History: (1918-33) 192: an5 s 7 429.036 APPEAL FROM D Any person, being aggrie the county in which the prope within 30 days after the adopti, stating the grounds of appeal ar ipality shall be named as oblige that the appellant will duly pro be adjudged against the appelh the appellant a certified copy 0 the proper charges therefor. n tenn commencing more than :: and shall be tried as are other determination of the govemin :conclusive. History: (/918-34) /92 429.04 [Repealed, 1953 c 39f 429.041 COUNCIL PROCI Subdivision I. Plans an determines to make any impn order all or part of the work do later than one year after the at different time limit is specific council shall cause plans and, made, to be modified. if nece estimated cost exceeds $25.()(