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<br />
<br />10 a gross earnings basis "
<br />[reKe, the owners may
<br />,e., them as Provided,'
<br />
<br />'I
<br />vement. the council shaU'
<br />L~ selection a report advisin'
<br />IS n~ccssary, c.ost-effective,
<br />j or m connection with So
<br />cost of l,he improvement'its
<br />proceedmg unless it maten'
<br />
<br />,pality, the compensatioi( .
<br />he following factors:
<br />
<br />and
<br />
<br />centage of the estimated CO
<br />,..,
<br />
<br />ing, including. among oth'er
<br />
<br />tisement for bids that will in
<br />
<br />'rability and feasibility of the'
<br />,
<br />
<br />l resolution ordering the un~'
<br />Ie date of the hearing by voie
<br />,nthas been petitioned for by .
<br />'perty abutting on the streei$
<br />, there has been no such petii-
<br />f ail members of the council.
<br />1e2cil but hasno vote~.'
<br />Ibwthe purpose of deter-
<br />
<br />JUt not increase, the extent of
<br />. i)-i'.
<br />
<br />'.
<br />ion. A resolution ordering a
<br />the council and shail also JJe
<br />nayor of the municipality is a
<br />a tie, the mayor shail not be
<br />r-fifths majority vote. A res'
<br />Jting, street lighting or other
<br />llso be approved by the utili-
<br />, .
<br />
<br />. real property abutting upon
<br />tion the council to constnlct.
<br />.rty, the council may, without
<br />i ordering the improvemenL
<br />xpayer or property owner or
<br />'d within 30 days after a<lop-
<br />,erein prevents any property
<br />.;essment against the owner's
<br />. the municipality to own and
<br />r on-site water contaminant
<br />, an undertaking satisfactory ,
<br />icipality the necessary pro!>,
<br />property and the building to
<br />,destrian skyway system, or .
<br />
<br />LOCAL IMI'ROVF.MENT~. SPECIAL ASSE."i..~M~"'TS 429.041
<br />
<br />.on-site water co~.taminant ~rnprovements. ,In the case of a petiti(.m for the installation of.a
<br />. privately owned hr~ protectIon syst~m, a ~nvately owned pedes~r~an skyway sy~tem. or pn-
<br />wately owned ~m-slte wat~r contammant tmpro~ements. the ~elltl~m shall contam the plans
<br />. .and spec~fic~tlons for the tmp~ovement. the estm~ated cost of, the Improvemc~t an~ a st~te.
<br />. ~1Ilent indlcatI~g whethe~ the CIty o.r the owner Will co~tract for ~he C(lns1ruc11(lO ot.the Itn-
<br />. rovement. It the owner 1S contractmg for the constructIOn of the Improve~ent~ the city shall
<br />'~otapprove the petition until it has reviewed and approved the plans, speCifICatiOnS, andcosl
<br />"estimates contained in the petition. The construction cost financed under section 429.0~ I
<br />:sball not exceed the amount of the cost estimate contained in the petition. In the case ot a
<br />-petition for the installation of a fire protection system. a pedestrian skyway syste~, or ~n-
<br />.site water contaminant improvements, the petitioner may request abandonment of the Iffi-
<br />'provementat any time after it has been ordered pursuant to subdivision ~ and before contr~c!s
<br />:have been awarded for the construction of the Improvement under sectIOn 429.041, SUbdIVI-
<br />'sion2. If such a request is received, the city council shall abandon the proceedings but in such
<br />'taSe the petitioner shall reimburse the city for any and all expenses incurred by the city in
<br />-Connection with the improvement.
<br />
<br />History: /953 c 398 5 3; /955 c 8/1 5 /; /957 c 430 5/; /96/ c 525 5/.2: /963 c
<br />'t:77/ 5/; 1965 c 877 s 2: /967 c 57 5/.2; /973 c /23 art 5 s 7: /984 c 548 s 5: /984 c
<br />)8254; /984 c 59/ 5 3; /984 c 633 s 3; /986 c 444; /994 c 6/4 s 6: /996 c402 s /
<br />
<br />429.035 IMPROVEMENTS, PETITION,
<br />\\!hen any petition for the making of any improvement in any statutory city, town. or
<br />.t;:ity of the second. third, or fourth class. however organized, for the cost of which special
<br />assessments may be. in whole or in part. levied therefor. is presented to the governing body of
<br />the municipality. this body shall, by resolution. determine whether or not the petition has
<br />'been signed by the required percentage of owners of property affected thereby.
<br />
<br />History: (/9/8-33) /927 c 31/ 5 1; /953 c 398 5/2; /96/ c 338 5 2; /973 c /23
<br />.a11557
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<br />
<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
<br />the county in which the property is located by serving upon the clerk of the municipality,
<br />. 'within 30 days after the adoption and publication of the resolution, a notice of appeal briefly
<br />. 'stating the grounds of appeal and giving a bond in the penal sum of$250. in which the munic-
<br />ipality shall be named as obligee, to be approved by the clerk of the municipality. conditioned
<br />thatthe appellant will duly prosecute the appeal, pay all costs and disbursements which may
<br />beadjudged against the appellant. and abide by the order of the court. The clerk shall furnish
<br />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
<br />tenn commencing more than 30 days after the date of serving the notice and filing the bond
<br />.and shall be tried as are other appeals in such cases. Unless reversed upon the appeal. the
<br />.determination of the governing body as to the sufficiency of the petition shall be final and
<br />~nclusi ve.
<br />
<br />History: (/9/8-34) /927 c 31/ 5 2: /986 c 444
<br />
<br />429.04 [Repealed, 19530398 s 13]
<br />
<br />429.041 COUNCIL PROCEDURE.
<br />Subdivision I. Plans and specifications. advertisement for bids. When the council
<br />detennines to make_'IJJY imorovement. it shall let the contract for all or part of the work. or
<br />order all or part of the workdoneby day labororotherwise as authorized by subdivision 2. no
<br />l~er than one year after the adoption of tJte resolution ordering such improvement. unless a
<br />different time limit is specifically stated in the resolution ordering the impro\"ement. The
<br />council shall cause plans and specifications of the improvement to be made. or if previously
<br />llIade, to be modified. if necessary, and to be approved and filed with the clerk. and if the
<br />estimated cost exceeds $25.000. shall advertise for bids for the improvement in the newspa-
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