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HomeMy WebLinkAboutOrdinance 796CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES COLUMBIA HEIGHTS, MINNESOTA 55421 ORDINANCE NO. 796 RELATING TO MID-BLOCK LIGHTING AND THE ASSESSMENT THEREOF. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Purpose. The City Council of the City of Columbia Heights has determined the desirability of providing certain lighting for sections of the City of Columbia Heights which would not otherwise be entitled to have such lighting as a result of the necessity of payment of the operation of lighting from the general revenues of the City. Such lighting may be necessary in certai'n areas of the City because of the increase i'n crime and the danger of crime and the general desire of the resident property owners of such areas to best insure the health, safety, and wel~re of their area of the City. Because certain public utility companies provide the erection and maintenance of certain lighting systems at no charge making the operating charges for such lighting unassessable under Minnesota Statutes 429.021 and the Charter of the City of Columbia Heights, the City Counci'l of the City of Columbia Heights has determined that it can best provide such lighting and fulfill the intent o~ this ordinance ~y proceding pursuant to its authority granted by Minnesota Statute 429.101 which a]lows the City Council to adopt regulations covering the authorization for i'ncurring such operational lighting charges and the assessment of the cost thereof. Section 2. Definitions. For purposes of this section, the following definitions will be used: Section 3. Mid-block lighting.: One or more street lights located more than 30 feet from the end of any block, or any street intersection. Alley lighting: Traditional street lighting except that the placement of such lights are in alleys within the City. Improvement: As used in this ordinance, mid-block 'lighting or alley lighting. Authorizing The Improvement. Before the City authorizes the installation of mid-block or alley lighting or before the City shall have the power to assess any portion of the cost of any charges from the public utility companies for the operation of the same, the Council shall h.old a public hearing on the proposed improvement following a publication in the newspape~ of a notice stating the time and place of the hearing, the general nature of the ~mprovement, the estimated cost of operation of thee same, and the area proposed to be assessed. The hearing shall not be le~s than three [3~ ~ays nor more than sixty (.6OI da¥~ after such publication. Not less than ten [t01 days before the hearing, notilce thereof shall also be ma~led to The o~ner of each parcel within the area proposed to ~e assessed, but failure to give ma~led noti'ce or any defects in the notice shall not invalidate the proceedings. For the purpose of g~v~ng mai~led notice, owners shall be those sho~n to be ~uch on the records of the County Audiltor or County Treasurer; but other appropriate records may be used for this purpose. However, as to properties which, are tax exempt or subject to taxation on a gross earnings basi~ and are not listed on the records of the County Auditor or the County Treasurer, the owners thereof shall be ascertained by any practicable means and mailed not~ce shall be given to them as herein provided. The Counci~ may also take such other ~teps prior to the hearing as will in ~ts judgment provide helptful information in determining the desirability and feasibility of the ~mprovement. - 3 - Section 4. The heari'ng may be adjourned from time to time and a resolution ordering the improvement may Be adopted at any time within six (6) months after the date of the hearing by vote of a majority of all members of the Council when the improvement has been petitioned for by the owners of not less than fifty percent [50~) in frontage of the real property abutting on the street named in a petition for mid-block lighting or real property abbtting on the alley named in the petition for alley lighting. When there has been no such petition, the resolution may be adopted only by a vote of fo~-fifths of all members of the Council. The resolution ordering the improvement may reduce, but not increase the extent of the improvement as stated in the notice of hearing. Whenever all owners of real property abutting upon any street or alley named as the location of any improve~nt shall petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the i'mprovement. The validity of such resolution shall not be questioned by any taxpayer or property owner or the munici~ ity unless an action for that purpose is commenced within thirty (30) days after adoption of the resolution. P rocedu res. Subd. 1. Clerk shall keep records. The City Clerk shall set up a separate improvement fund for the administration of m[d-~lock lighting and alley lilghting authorized under Section 3 hereof. Subd. 2. Billings. On or before September 1 of each year the City Clerk shall bill each property owner of each affected lot or parcel for the portion of the cost of improvements authorized hereunder plus the reasonable cost of administering the billings and collection procedures. Such bills shall Be proportioned between the benefited parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to Be billed in the instance of mid-block lighting, tn the instance of - 4 - alley ligkting, each parcel shall be billed on the basis of the proportion of altey frontage each parcel bears to the total frontage to be billed. Subd. 3. Assessments. The City Council may assess for unpaid charges as follows: On or before July 1 of each year the Clerk s~hall list the total unpaid charges against eac[~ separate lot or parcel to whi~ch such charges are attributable. Such tist shal 1 be in writing and submitted to the City Counc~l . The Council may then spread th.e charges or any portion thereof against the lot or parcel involved or against adjoining parcels benefited by the ~mprovement if the Council determines that the property in question was not benefited thereby. The Council then may by ~[mple majority pass an assessment resolution assessing th.e lot or parcel described in the not[ce as provided herein as a special assessment under the Minnesota Statutes for certification to the County Auditor and collectionthe following year along with current taxes. (,c) Nothing in this section shall limit the right of the Council to cerify or authorize an assessment for a billing five or less years delinquent. Whenever the Council shall by simple motion authorize an assessment hearing under this ordinance and before the hearing shall be held and the assessment resolution adopted, the City shall: (i) Cause to be published in the newspaper a notice stating the tilme and place of the hearing, the general mture of the improven~t - $ - made, and a description of the parcels o~ lots proposed to be assessed. The hearing shall not be less than three [3)' nor more than sixty [60I days after the publication of said notice. Section 5. Section 6. [ii) Cause to be sent to the owner of each parcel to be assessed at lea~ ten (10) days before said hearing a not[ce as described in section above. The identity of the said owner may be determined in the same manner as in Section 3 herein. Failure to give mailed not[ce or any defects therein shall not invalidate the proceedings. Any improvement hereunder may be terminated in the same manner as it may be author?zed. Should any section, subdivision, clause or other provision of this ordinance be declared ~¥' a Court of competent jurisdiction to be [nvalild, such. decision shall not effect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid. Section 7. This ordinance shall take effect and be in full force from and after thirty [30). days after i~t~ passage. First reading: Second reading: Offered by: Seconded by: Roll Call: October 24, 1972 November ~13, 1972 Hei. ntz Nor[~erg A1 I Ayes. /. Bruce G. Nawrock[, Mayor Secretary to the Council