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RELEVANT LINKS: <br /> Minn.Stat.§429.101,subd Again, a city cannot exercise this authority until passing an authorizing <br /> 1(b). <br /> ordinance providing that such matters are the responsibility of the property <br /> owner. (The ordinance cannot require that property owners perform street <br /> sprinkling or other dust treatment, alley repair, tree trimming, care, and <br /> removal or the operation of a street lighting system.) <br /> Minn.Stat.§429.101,subd. Unpaid charges collected as special assessments are subject to the same <br /> 2.See also Sykes v. <br /> Rochester, 787 N.W.2d 192 notice, hearing, and appeal requirements as any other special assessments. <br /> (Minn.Ct.App.2010). They are not, however, subject to the special benefit test. <br /> Am.Bank v.City of <br /> Minneapolis,802 N.W.2d <br /> 781 (Minn.Ct.App.2011). <br /> Minn.Stat.§429.101,subd. Cities may issue bonds or other debt instruments to finance the cost of <br /> 3. <br /> special services in the same manner as for local improvements, with three <br /> modifications: <br /> • These obligations may not run for more than two years. <br /> • The amount of debt a city issues at any one time may not exceed the <br /> estimated cost of the work it will do during the next six months. <br /> • The council must set up a separate fund for each of the different services <br /> financed through this procedure. <br /> The following discussion is a guide, but not legal advice, as to the proper <br /> fulfillment of special assessment procedures. The council should consult an <br /> Gadeyv.City of Minneapolis, attorney familiar with the individual project to make sure the city follows all <br /> 517 N.W.2d 344(Minn.Ct. <br /> App. 1994). legal procedures. If the proper procedures are not followed, a court may set <br /> the assessment aside and order a reassessment. <br /> Minn.Stat.ch.429. In general, Chapter 429 proposes the following steps. <br /> A. Initiation of proceedings <br /> Minn.Stat.§429.031. <br /> Chapter 429 <br /> 1. By petition <br /> Minn.Stat.§429.031,subd. If the council chooses to proceed with an improvement based on a petition <br /> See Form 3(Petition for � it must have the signatures of the owners of <br /> Local Improvement-more at least 35 percent in fronta e of the ro ert borderin the roposed <br /> than 35%of property <br /> owners). improvements. <br /> A.G.Op.396g7(June 9, The Minnesota Attorney General has opined that the 35 percent requirement <br /> 1958). <br /> applies to the entire area petitioning for the local improvement so each <br /> specific street need not meet it. <br /> Information Memo: <br /> Page 12 <br />