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.
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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
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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