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2009_0817_Packet
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2009_0817_Packet
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7 MINNESOTA STATUTES 2008 429.031 <br />(e) The council may also take other steps prior to the hearing, including among other things, <br />the preparation of plans and specifications and the advertisement for bids that will in its judgment <br />provide helpful information in determining the desirability and feasibility of the improvement. <br />(f) The hearing may be adjourned from time to time, and a resolution ordering the <br />improvement may be adopted at any time within six months after the date of the hearing by vote <br />of a majority of all members of the council when the improvement has been petitioned for by the <br />owners of not less than 35 percent in frontage of the real property abutting on the streets named <br />in the petition as the location of the improvement. When there has been no such petition, the <br />resolution may be adopted only by vote of four-fifths of all members of the council; provided <br />that if the mayor of the municipality is a member of the council but has no vote or votes only in <br />case of a tie, the mayor is not deemed to be a member for the purpose of determining a four-fifths <br />maj ority vote. <br />(g) The resolution ordering the improvement may reduce, but not increase, the extent of the <br />improvement as stated in the notice of hearing. <br />Subd. 2. Approval by park board or utilities commission. A resolution ordering a park <br />improvement may be adopted only by a four-fifths vote of the council and shall also be approved <br />by the park board, if there is one; provided, that if the mayor of the municipality is a member of <br />the council but has no vote or votes only in case of a tie, the mayor shall not be deemed to be <br />a member for the purpose of determining such four-fifths majority vote. A resolution ordering <br />an improvement of the water, sewer, steam heating, street lighting or other facility over which a <br />utilities commission has jurisdiction shall also be approved by the utilities commission. <br />Subd. 3. Petition by all owners. Whenever all owners of real property abutting upon <br />any street named as the location of any improvement shall petition the council to construct the <br />improvement and to assess the entire cost against their property, the council may, without a public <br />hearing, adopt a resolution determining such fact and ordering the improvement. The validity <br />of the resolution shall not be questioned by any taxpayer or property owner or the municipality <br />unless an action for that purpose is commenced within 30 days after adoption of the resolution <br />as provided in section 429.036. Nothing herein prevents any property owner from questioning <br />the amount or validity of the special assessment against the owner's property pursuant to section <br />429.081. In the case of a petition for the municipality to own and install a fire protection system, <br />a pedestrian skyway system, or on-site water contaminant improvements, the petition must <br />contain or be accompanied by an undertaking satisfactory to the city by the petitioner that the <br />petitioner will grant the municipality the necessary property interest in the building to permit <br />the city to enter upon the property and the building to construct, maintain, and operate the fire <br />protection system, pedestrian skyway system, or on-site water contaminant improvements. In <br />the case of a petition for the installation of a privately owned fire protection system, a privately <br />Copyright �O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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