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2009_0817_Packet
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2009_0817_Packet
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6 MINNESOTA STATUTES 2008 429.031 <br />may assess any portion of the cost of an improvement to be made under a cooperative agreement <br />with the state or another political subdivision for sharing the cost of making the improvement, <br />the council shall hold a public hearing on the proposed improvement following two publications <br />in the newspaper of a notice stating the time and place of the hearing, the general nature of the <br />improvement, the estimated cost, and the area proposed to be assessed. The two publications must <br />be a week apart, and the hearing must be at least three days after the second publication. Not less <br />than ten days before the hearing, notice of the hearing must also be mailed to the owner of each <br />parcel within the area proposed to be assessed and must contain a statement that a reasonable <br />estimate of the impact of the assessment will be available at the hearing, but failure to give mailed <br />notice or any defects in the notice does not invalidate the proceedings. For the purpose of giving <br />mailed notice, owners are those shown as owners on the records of the county auditor or, in any <br />county where tax statements are mailed by the county treasurer, on the records of the county <br />treasurer; but other appropriate records may be used for this purpose. For properties that are tax <br />exempt or subject to taxation on a gross earnings basis and are not listed on the records of the <br />county auditor or the county treasurer, the owners may be ascertained by any practicable means, <br />and mailed notice must be given them as provided in this subdivision. <br />(b) Before the adoption of a resolution ordering the improvement, the council shall secure <br />from the city engineer or some other competent person of its selection a report advising it in <br />a preliminary way as to whether the proposed improvement is necessary, cost-effective, and <br />feasible and as to whether it should best be made as proposed or in connection with some <br />other improvement. The report must also include the estimated cost of the improvement as <br />recommended. A reasonable estimate of the total amount to be assessed, and a description of the <br />methodology used to calculate individual assessments for affected parcels, must be available at <br />the hearing. No error or omission in the report invalidates the proceeding unless it materially <br />prejudices the interests of an owner. <br />(c) If the report is not prepared by an employee of a municipality, the compensation for <br />preparing the report under this subdivision must be based on the following factors: <br />(1) the time and labor required; <br />(2) the experience and knowledge of the preparer; <br />(3) the complexity and novelty of the problems involved; and <br />(4) the extent of the responsibilities assumed. <br />(d) The compensation must not be based primarily on a percentage of the estimated cost <br />of the improvement. <br />Copyright �O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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