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1 11q5 LOCAL. 1MPR0VV%1F:\TS, SPECIAL ASSFSSME TS 429.031 <br />r 429.031 PRELIMINARY PLANS, HEARINGS. <br />_ <br />! Subdivision 1. Preparation of plans, notice of hearing. Before the municipali- <br />ty awards a contract for an improvement or orders it made by day labor, or before <br />the municipality shall have the power to assess any portion of the cost of all <br />improvement to be made under a cooperative agreement with the state or another <br />political subdivisioi. for sharing the cost of making such improvement, the council <br />shall hold a public hearing on the proposed improvement fallowing two publications <br />in the newspaper of a notice stating the time and place of the hearing, the general` <br />nature of the improvement, the estimated cost, and the area proposed to be assessed. <br />The two publications shall be a week apart and the hearing shall he at least thre: <br />"°►t <br />days after the last publication. Not less than 10 days uefore the hearing, notice <br />thereof shall also be mailed to the owner of each parcel within the area proposed to <br />v " <br />be assessed, but failure to give mailed notice or any defects in the notice shall not <br />4 <br />invalidate the proceedings. For the purpose of giving mailed notice, owners shall be <br />} those shown to he such onthe records of the county auditor or, in any county where <br />tat statements are mailed by the county treasurer, on the record% of the county <br />j treasurer; but other appropriate records may be used for this purpose. However, as <br />j !o properties which are tax exempt or subjmt to taxation on a gross earnings biams <br />' <br />I and are not listed on the records of the county auditor or the county treasurer, the <br />J ' <br />osm ; thereof shall he ascertained by any practicable means and mailed notice shall <br />{ <br />be given there as herein piovided. Prior ix) the adoption of such resolution, the <br />cx uncil shall secure from the city engineer or some competent person of its selection <br />a report a&i%ing it in a preliminary way as to whether the proposed improvement is <br />lj iessible and as to whether it should best be made as proposed er in connection with <br />? dome other improvement and the estimated cost of the improvement as recom-. <br />awndcd; but no error or omission in such report shall invalidate the proceeding <br />ask -is it materially prejudices the interests of an owner. The council may also take <br />%wh other steps prior to the hearing, including, among other thin,,%, the preparation <br />of plans and specifications and the advertisement for hid, thereon, as will in its <br />} <br />jlidpneni provide helpful information in determining the destrabihty and ft:A%Ibilil% <br />of the improvement The hearing may he adjourned from time to time and a <br />�1 <br />teanlution orderingthe improvement may be adopted at any time within ,.x month% <br />a tr the date of the hearing by vote of a majority of all memhem of the council <br />the unprovement hart been petitioned for by the owner of not less than 35 <br />i `< <br />l in frontage of the real property abutting on the streets named in the rethion <br />When has been no such petition, the <br />A'.. <br />s <br />locattott of the improvement. there <br />t <br />14% are may be Adopted only by vote of foar-fifths of all mcfnbers of the council; <br />PM*Ided that if the mayor of the municipality is a mrmbrr iif the council but his no <br />kAit a votes only in case of a tic, he shall not tL deemed to he a member for the <br />a; <br />fiWPM of determining such four -fifths majority vote. The rmilution ordering the <br />Y "01111wwtnent tray reduce, but not increase the extent of the improvemert ..N stated <br />sly t 0twe of hearing. <br />iwbd. 2. Approval by park board or utilities eurarrission. A reseiluti. , <br />i *161iay a park improvement may be adopted only by a blur -fifths vote of the <br />n <br />4�isa and shall also be approved by the park board, if there s one: prn%ided, that <br />1d*9 mayor of the municipality u a member of the council but ho% no vote or vote <br />is case of a tic, he shall not be deemed to be a member for the purf►rrse of <br />'dining such four -fifths mispin y vote A resulu!rm ordering an improvement <br />_ <br />4960 eater. %ewer, %team fisting, wret lighting or either facih!y over which a <br />commisston ha% jurisdi, tiori %hall alai be approved by the utilities commis- <br />: s, <br />94bd 3. Petition by tU owners. Whene cr all owner% -if real pFtgwrty <br />apvn any %itret the ttxaiwn of irnpr wes;ient '-hall petit"n <br />n.imcet a% tiny <br />8 <br />t, <br />to <br />,� <br />