piers109uk/MN-Statutes huggingface dataset:
447.45 BONDS FOR HOSPITAL, NURSING HOME, RELATED FACILITIES.
A county, city, or hospital district may issue revenue bonds by resolution of its governing body to finance the acquisition and betterment of hospital, nursing home, and related medical facilities. This power is in addition to other powers granted by law and includes, but is not limited to, the payment of interest during construction and for a reasonable period after construction and the establishment of reserves for bond payment and for working capital. In connection with the acquisition of any existing hospital or nursing home facilities, the city, county, or district may retire outstanding indebtedness incurred to finance the construction of the existing facilities.
(a) With respect to facilities for the care, treatment, and training of persons with developmental disabilities, and facilities attached or related to a nursing home providing supportive services to elderly persons who are not yet in need of nursing home care, including congregate housing, adult day care and respite care services, a hospital district, county, or city may exercise the powers in sections 447.45 to 447.50 as if these facilities were hospital or nursing home facilities within the meaning of sections 447.45 to 447.50. "County or city" includes cities of the first class and counties containing them.
(b) With respect to facilities attached or related to a nursing home providing supportive services to elderly persons who are not yet in need of nursing home care, including congregate housing, adult day care, and respite care services, a hospital district may exercise the powers in sections 447.45 to 447.50 as if these facilities were hospital or nursing home facilities within the meaning of sections 447.45 to 447.50.
447.46 REVENUE PLEDGED.
The county, city, or hospital district may pledge and appropriate the revenues to be derived from its operation of the facilities to pay the principal and interest on the bonds when due and to create and maintain reserves for that purpose, as a first and prior lien on the revenues or, if so provided in the bond resolution, as a lien on the revenues subordinate to the current payment of a fixed amount or percentage or all of the costs of running the facilities.
447.47 LEASING OUT HOSPITAL, NURSING HOME, RELATED FACILITIES.
(a) The county, city, or hospital district may lease hospital or nursing home facilities to be run by a nonprofit or public corporation as a community hospital or nursing home. The facilities must be open to all residents of the community on equal terms.
(b) The city, county, or district may lease related medical facilities to any person, firm, association, or corporation, at rent and on conditions agreed.
(c) The term of the lease must not exceed 30 years. The lessee may be granted an option to renew the lease for an additional term or to purchase the facilities. The terms of renewal or purchase must be provided for in the lease.
(d) The county, city, or hospital district may by resolution of its governing body agree to pay to the lessee annually, and to include in each annual budget and tax levy for hospital and nursing home purposes, a fixed compensation for services agreed to be performed by the lessee in running the hospital or nursing home as a community facility; for any investment by the lessee of its own funds or funds granted or contributed to it in the construction or equipment of the hospital or nursing home; and for any auxiliary services to be provided or made available by the lessee through other facilities owned or operated by it. Services other than those provided for in the lease agreement may be compensated at rates agreed upon later. The lease agreement must, however, require the lessee to pay a net rental not less than the amount required to pay the principal and interest when due on all revenue bonds issued by the county, city, or hospital district to acquire, improve, and refinance the leased facilities, and to maintain the agreed revenue bond reserve. The lease agreement must not grant the lessee an option to purchase the facilities at a price less than the amount of the bonds issued and interest accrued on them, except bonds and accrued interest paid from the net rentals before the option is exercised.
(e) To the extent that the facilities are leased under this section for use by persons in private medical or dental or similar practice or other private business, a tax on that use must be imposed just as though the user were the owner of the space. It must be collected as provided in section 272.01, subdivision 2.
447.48 SECURITY FOR BONDS; PLEDGE OF CREDIT FOR BONDS.
In the issuance of bonds the revenues or rentals must be pledged and appropriated by resolution for the use and benefit of bondholders generally, or may be pledged by the execution of an indenture or other appropriate instrument to a trustee for the bondholders. The site and facilities, or any part of them, may be mortgaged to the trustee. The governing body may enter into any covenants with the bondholders or trustee that it finds necessary and proper to assure the marketability of the bonds, the completion of the facilities, the segregation of the revenues or rentals and other funds pledged, and the sufficiency of funds for prompt and full payment of bonds and interest. The bonds shall be deemed to be payable wholly from the income of a revenue-producing convenience within the meaning of section 475.58, unless the governing body also pledges to their payment the full faith and credit of the county, city, or hospital district. In this event, unless otherwise provided by law, the bonds may not be issued unless approved by a majority of the electors voting on the question at a legal election.
447.50 REFUNDING BONDS.
A county, city, or hospital district may issue bonds under this chapter by resolution of its governing body to refund bonds issued for the purposes stated in this chapter.
447.49 MISCELLANEOUS PROVISIONS.
Bonds issued under sections 447.45 to 447.50 must be issued and sold as provided in chapter 475. If the bonds do not pledge the credit of the county, city, or hospital district as provided in section 447.48, the governing body may negotiate their sale without advertisement for bids. They shall not be included in the net debt of any municipality, and are not subject to interest rate limitations, as defined or referred to in sections 475.51 and 475.55. If the bonds do not pledge the credit of the county, city, or hospital district as provided in section 447.48 and are payable from rental payments to be made under a lease agreement entered into pursuant to section 447.47, the county, city, or hospital district may invest or deposit, or authorize a trustee to invest or deposit, any proceeds of the bonds, rental payments, and income from the investment of them, in any manner and upon any terms and conditions agreed to by the lessee under the lease agreement, resolution, or indenture, notwithstanding chapter 118A, but subject to any statutory provisions that govern the deposit and investment of funds of a lessee which is itself a governmental subdivision or agency.
448.54 REGULATING TRAVEL ON PARKWAYS.
The board of park commissioners, or other governing body having control of parks and parkways of any city of the first class, shall have power to enact ordinances and to prescribe penalties for the violation thereof for the purpose of regulating, controlling, and limiting the use of, and travel upon and over, all parkways established by the city in or adjacent to the city, whether the parkways were originally established as parkways or were streets or highways before being taken as parkways and, among other things, to exclude from these parkways all vehicles in use for any purpose except carrying passengers. For the purpose of sections 448.54 and 448.55, the term "parkway" shall include the roadways and carriageways of parks as well as parkways.
448.55 POWER OF COUNCIL TO LEVY ASSESSMENTS NOT DIVESTED.
Section 448.54 shall not divest or deprive the council of the city of any jurisdiction or power now existing by virtue of any statute or charter, to levy assessments for the grading, protecting, improving, and ornamenting of any public park, square, or grounds now or hereafter laid out, and for planting and protecting shade and ornamental trees and for constructing or reconstructing sewers, sidewalks, retaining walls, gutters, curbing, and for boulevards, macadamizing, and paving in or upon any streets set apart for park and parkway purposes.
448.56 POWERS AND AUTHORITY OF CITY PARK BOARDS.
The board of park commissioners of each of the cities in this state shall have authority to devise, plan, and establish a system of public parks and parkways and, from time to time, to alter and extend the same and to add thereto; to designate the lands and grounds to be used, appropriated, and acquired for such purposes; to take possession of the same, or any part thereof, upon obtaining title thereto, and to improve, govern, and maintain the same for such purposes.
The board of park commissioners shall have authority to direct, superintend, and regulate the planting, culture, and preservation of shade and ornamental trees, shrubbery, and turf in the streets, avenues, alleys, and public grounds of the city, and in such parts thereof as may be lawfully placed under the jurisdiction and control of the board of park commissioners.
No shade or ornamental trees, shrubbery, or turf growing in the streets, avenues, alleys, and public grounds of the city shall be destroyed or removed except by leave in writing first obtained from the president of the board of park commissioners, the same to be duly countersigned and recorded by the secretary of the board.
The board of park commissioners may, by proper ordinances, provide for the enforcement of this subdivision and for the preservation of such trees, shrubbery, and turf and affix penalties for the violation of these ordinances, and the district court having chambers in the county in which the city is located shall have jurisdiction of all offenses against these ordinances.
MS 1967 [Repealed, 1969 c 593 s 8]
MS 1967 [Repealed, 1969 c 593 s 8]
MS 1967 [Repealed, 1969 c 593 s 8]
442A.01 DEFINITIONS.
For the purposes of this chapter, the terms defined in this section have the meanings given.
"Chief administrative law judge" means the chief administrative law judge of the Office of Administrative Hearings or the delegate of the chief administrative law judge under section 14.48.
"District" means a sanitary district created under this chapter or under Minnesota Statutes 2012, sections 115.18 to 115.37.
"Municipality" means a city, however organized.
"Property owner" means the fee owner of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment. Property owner includes, but is not limited to, vendees under a contract for deed and mortgagors. Any reference to a percentage of property owners means in number.
"Related governing body" means the governing body of a related governmental subdivision and, in the case of an organized town, means the town board.
"Related governmental subdivision" means a municipality or organized town wherein there is a territorial unit of a district or, in the case of an unorganized area, the county.
"Territorial unit" means all that part of a district situated within a single municipality, within a single organized town outside of a municipality, or, in the case of an unorganized area, within a single county.
446A.01 MINNESOTA PUBLIC FACILITIES AUTHORITY ACT.
This chapter may be cited as the "Minnesota Public Facilities Authority Act."
443.015 ASSESSMENT TO DISPOSE OF GARBAGE OR REFUSE IN CERTAIN CITIES.
The council of any statutory city or city of the fourth class which shall provide by contract or otherwise for regular collection and disposal of garbage or refuse from dwellings and places of business in the statutory city or city of the fourth class may by ordinance obligate the owners of all property served to pay the proportionate cost of such service to their respective properties, and in default of payment such city council may annually levy an assessment equal to such unpaid cost as of September first of each year, against each lot or parcel of land so served for which the service charge is unpaid. Such assessment may include a penalty not to exceed ten percent of the amount thereof and shall bear interest at such amount not exceeding six percent per annum as the council shall determine. Such assessment shall be certified to the auditor of the county in which the land assessed is situated and shall be collected and remitted to the city treasurer in the same manner as assessments for local improvements.
446A.02 DEFINITIONS.
For the purposes of this chapter, the terms in this section have the meanings given them.
MS 2006 [Repealed by amendment, 2007 c 96 art 1 s 1]
"Authority" means the Minnesota Public Facilities Authority.
MS 2006 [Repealed by amendment, 2007 c 96 art 1 s 1]
MS 2006 [Repealed by amendment, 2007 c 96 art 1 s 1]
"Eligible recipient" means a governmental unit or other entity that may be defined as an eligible recipient for specific programs within this chapter, and which may be different from one program to another.
"Governmental unit" means a state agency, home rule charter or statutory city, county, sanitary district, or other governmental subdivision.
"Project" means any eligible activity authorized in this chapter including the acquisition, design, construction, improvement, expansion, repair, or rehabilitation of all or part of any structure, facility, or equipment.
442A.015 APPLICABILITY.
All new sanitary district formations proposed and all sanitary districts previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37, must comply with this chapter, including annexations to, detachments from, and dissolutions of sanitary districts previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37.
446A.03 MINNESOTA PUBLIC FACILITIES AUTHORITY.
The Minnesota Public Facilities Authority consists of the commissioner of employment and economic development, the commissioner of management and budget, the commissioner of the Pollution Control Agency, the commissioner of agriculture, the commissioner of health, and the commissioner of transportation.
The commissioner of employment and economic development shall serve as the chair and chief executive officer of the authority. The authority shall have the position of vice-chair rotate annually among its members. In the absence of the chair or vice-chair at meetings of the authority members may elect a chair for the meeting, and may elect other officers as necessary from its members.
MS 1992 [Repealed, 1994 c 632 art 2 s 67]
In addition to any powers to delegate that members of the authority have as commissioners, they may delegate to the chair, vice-chair, or executive director their responsibilities as members of the authority for reviewing and approving financing of eligible projects that have been certified to the authority by another department or agency, projects that have been authorized by law, or programs specifically authorized by resolution of the authority.
(a) A majority of the authority, excluding vacancies, constitutes a quorum to conduct its business, to exercise its powers, and for all other purposes.
(b) The board may conduct its business by any technological means available, including teleconference calls or interactive video, that allows for an interaction between members. If a meeting is conducted under this paragraph, a specific location must be available for the public to attend the meeting and at least one member must be present at that location.
(a) The authority shall employ and the chair shall appoint, with the concurrence of the authority, an executive director in the unclassified service.
(b) The executive director may employ a deputy director and chief financial officer.
(c) The executive director shall:
(1) perform duties that the authority may require in carrying out its responsibilities to manage and implement the funds and programs in this chapter, implementation of debt issuance authorized by the authority, compliance with all state and federal program requirements, and state and federal securities and tax laws and regulations;
(2) employ officers, employees, and agents that the executive director considers necessary to discharge the functions of the executive director; and
(3) define the duties of officers, employees, and agents, and delegate to them any of the powers, duties, and responsibilities, subject to the executive director's control and under conditions prescribed by the executive director.
The authority shall enter into agreements for administrative and professional services, and technical support.
MS 2006 [Repealed by amendment, 2007 c 96 art 1 s 2]
442A.03 FILING OF MAPS IN SANITARY DISTRICT PROCEEDINGS.
Any party initiating a sanitary district proceeding that includes platted land shall file with the chief administrative law judge maps which are necessary to support and identify the land description. The maps shall include copies of plats.
449.06 ENTERTAINMENT TAX IN CITIES OF THE FOURTH CLASS.
The governing body of any city of the fourth class operating under a home rule charter or commission form of government may levy a tax for the purpose of providing musical entertainments to the public in public buildings or upon public grounds. The total sum that may be expended in any year shall not exceed $3,500.
446.01 EXPENDITURES OF ENGINEERING DEPARTMENTS.
Any city of the first class in the state, in addition to all powers now possessed by it, shall have the power and authority, acting by and through its council, to fix the maximum expenditures each year for the support and maintenance of its engineering and building inspection departments and to include the amounts so fixed in the current annual tax levy for such city.
446A.051 PROJECT FINANCIAL ASSISTANCE.
The authority shall assist eligible recipients in determining what grants or loans under sections 446A.07, 446A.072, 446A.073, 446A.075, and 446A.081 to apply for to finance projects and the manner in which the eligible recipient will pay for its portion of the project cost.
MS 2012 [Repealed, 2013 c 105 s 10]
(a) The authority shall review the proposed financing for each project certified to the authority to ascertain whether or not: (1) total financing of a project is assured; (2) the governmental unit's financial plan to pay for its portion of the project cost is feasible; (3) the proposed project and financing plan is an eligible use of the money; and (4) the proposal is in compliance with applicable state and federal tax and securities laws and regulations.
(b) Unless a project is specifically authorized by law, the authority may reject the proposed financing for a project meeting the requirements in paragraph (a) if a majority of members believe the financing of the project would not be in the best interests of the state or would be detrimental to the authority's funds or programs. A determination to reject a proposed project shall not be made in an arbitrary and capricious manner and must be supported by substantive evidence and documented by a resolution of the authority stating its findings.
449.08 TAX LEVY FOR FREE MUSIC IN THIRD CLASS CITIES.
The council of any city of the third class may levy a tax for the purpose of providing free musical entertainment for the general public. The proceeds of this tax shall be used only for the purpose of providing free musical entertainment for the public. The annual expenditure for this purpose is limited to $3,000.
449.09 BANDS, ORCHESTRAS OR CHORUSES, TAX LEVY.
Cities of the second, third, or fourth class, statutory cities, or towns, however organized, may, when authorized as provided in section 449.10, levy each year a tax on all taxable property in the city or town for the purpose of providing a fund for the maintenance, transportation, or employment of a band, orchestra, or chorus for municipal purposes. All sums shall be separately levied and when collected these sums shall be paid into a special fund and used for these purposes. When taxes are levied and collected for the maintenance or employment of a band, orchestra, or chorus for municipal purposes and the band, orchestra, or chorus is discontinued or the city or town by a vote of the people as now provided by law decide not to employ a band, orchestra, or chorus, the governing body may transfer the sums so levied and collected to the general fund.
449.10 TAX LEVY ELECTION; PETITION.
The authority shall be initiated by a petition signed by ten percent of the legal voters of the city or town, as shown by the last regular municipal election. This petition shall be filed with the governing body of the city or town, and shall request that the following question be submitted to the voters: "Shall a tax of not exceeding .... percent of tax capacity be levied each year for the purpose of furnishing a band, orchestra, or chorus fund?"
444.076 TAX-FORFEITED LAND RETURNED TO PRIVATE OWNERSHIP; CHARGES.
When tax-forfeited land is returned to private ownership and the land is benefited by a public improvement for which special assessments were canceled because of the forfeiture, the municipality or other public authority that made the improvement may impose fees or charges for the use or availability of the improvement or for connections therewith in an amount not to exceed the amount remaining unpaid on the canceled assessment. The municipality may make the fees or charges a charge against the owner, lessee, occupant, or all of them and may certify unpaid fees or charges to the county auditor with taxes against the property for collection as other taxes are collected.
442A.08 JOINT PUBLIC INFORMATIONAL MEETING.
In all cases that proceed to a contested case hearing, there must be a joint public informational meeting of the local governments of any proposed sanitary district creation, annexation, detachment, or dissolution. The joint public informational meeting must be held after the final mediation meeting or the final meeting held according to section 442A.02, subdivision 8, if any, and before the hearing on the matter is held. If no mediation meetings are held, the joint public informational meeting must be held after the initiating documents have been filed and before the hearing on the matter. The time, date, and place of the public informational meeting must be determined jointly by the local governments in the proposed creation, annexation, detachment, or dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district, if one exists, and the responsible official for one of the local governments represented at the meeting must serve as the co-chairs for the informational meeting. Notice of the time, date, place, and purpose of the informational meeting must be posted by the sanitary district, if one exists, and local governments in designated places for posting notices. The sanitary district, if one exists, and represented local governments must also publish, at their own expense, notice in their respective official newspapers. If the same official newspaper is used by multiple local government representatives or the sanitary district, a joint notice may be published and the costs evenly divided. All notice required by this section must be provided at least ten days before the date for the public informational meeting. At the public informational meeting, all persons appearing must have an opportunity to be heard, but the co-chairs may, by mutual agreement, establish the amount of time allowed for each speaker. The sanitary district board, the local government representatives, and any resident or affected property owner may be represented by counsel and may place into the record of the informational meeting documents, expert opinions, or other materials supporting their positions on issues raised by the proposed proceeding. The secretary of the sanitary district, if one exists, or a person appointed by the chair must record minutes of the proceedings of the informational meeting and must make an audio recording of the informational meeting. The sanitary district, if one exists, or a person appointed by the chair must provide the chief administrative law judge and the represented local governments with a copy of the printed minutes and must provide the chief administrative law judge and the represented local governments with a copy of the audio recording. The record of the informational meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is admissible in any proceeding under this chapter and shall be taken into consideration by the chief administrative law judge or the chief administrative law judge's designee.
451.05 BONDS, OBLIGATIONS FOR HEAT NOT PART OF CITY DEBT.
An obligation incurred by a home rule charter city of the fourth class in making arrangements to furnish heat to the city's residents under section 451.04 is not part of the city's debt under its charter or under state law limiting the city's debt.
The amount of bonds issued under section 451.04 and at any time outstanding are not part of the city's net debt under its charter or under other law.
449.11 ELECTION.
When this petition is filed, the governing body of the city or town shall cause the question to be submitted to the voters at the first following general municipal election of the city or town.
442A.09 ANNEXATION BY ORDER OF POLLUTION CONTROL AGENCY.
If a determination or order by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is made that cooperation by contract is necessary and feasible between a sanitary district and an unincorporated area located outside the existing corporate limits of the sanitary district, the sanitary district required to provide or extend through a contract a governmental service to an unincorporated area, during the statutory 90-day period provided in section 115.49 to formulate a contract, may, in the alternative to formulating a service contract to provide or extend the service, declare the unincorporated area described in the Minnesota Pollution Control Agency's determination letter or order annexed to the sanitary district by adopting an ordinance and submitting it to the chief administrative law judge.
The chief administrative law judge may review and comment on the ordinance but shall approve the ordinance within 30 days of receipt. The ordinance is final and the annexation is effective on the date the chief administrative law judge approves the ordinance.
446A.073 POINT SOURCE IMPLEMENTATION GRANTS.
When money is appropriated for grants under this program, the authority shall award grants up to a maximum of $7,000,000 to governmental units to cover 80 percent of the cost of water infrastructure projects made necessary by:
(1) a wasteload reduction prescribed under a total maximum daily load plan required by section 303(d) of the federal Clean Water Act, United States Code, title 33, section 1313(d);
(2) a phosphorus concentration or mass limit which requires discharging one milligram per liter or less at permitted design flow which is incorporated into a permit issued by the Pollution Control Agency;
(3) any other water quality-based effluent limit established under section 115.03, subdivision 1, paragraph (e), clause (8), and incorporated into a permit issued by the Pollution Control Agency that exceeds secondary treatment limits; or
(4) a total nitrogen concentration or mass limit that requires discharging ten milligrams per liter or less at permitted design flow.
Application for a grant must be made to the authority on forms prescribed by the authority, including a project schedule and cost estimate for the work necessary to comply with the requirements listed in subdivision 1. The Pollution Control Agency shall review and certify to the authority those projects that have plans and specifications approved under section 115.03, subdivision 1, paragraph (f).
The authority shall accept applications under this program during the month of July. When a project is certified by the Pollution Control Agency the authority shall reserve money for the project in the order listed on the Pollution Control Agency's project priority list and in an amount based on the cost estimate submitted to the authority when the project is certified or the as-bid costs, whichever is less. Notwithstanding Minnesota Rules, chapter 7077, the Pollution Control Agency may rank a drinking water infrastructure project on the agency's project priority list if the project is necessary to meet an applicable requirement in subdivision 1.
The authority must make a grant for an eligible project only after:
(1) the applicant has submitted the as-bid cost for the water infrastructure project;
(2) the Pollution Control Agency has certified the grant eligible portion of the project; and
(3) the authority has determined that the additional financing necessary to complete the project has been committed from other sources.
Disbursement of a grant must be made for eligible project costs as incurred by the governmental unit and in accordance with a project financing agreement and applicable state and federal laws and rules governing the payments.
442A.10 PETITIONERS TO PAY EXPENSES.
Expenses of the preparation and submission of petitions in the proceedings under sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section 16A.1283, the Office of Administrative Hearings may adopt rules according to section 14.386 to establish fees necessary to support the preparation and submission of petitions in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of Administrative Hearings shall be deposited in the environmental fund.
449.13 RESCISSION OF TAX LEVY.
A like petition may at any time, be presented to the governing body of the city or town asking that the following proposition be submitted: "Shall the power to levy a tax for the maintenance or employment of a band, orchestra, or chorus be canceled?" The submission shall be made at any general municipal election, as provided in section 449.11, and if a majority of the votes cast at such election be in favor of the question no further levy for that purpose shall be made until such time as the question may again be voted upon favorably.
442A.11 TIME LIMITS FOR ORDERS; APPEALS.
All orders in proceedings under this chapter shall be issued within one year from the date of the first hearing thereon, provided that the time may be extended for a fixed additional period upon consent of all parties of record. Failure to so order shall be deemed to be an order denying the matter. An appeal may be taken from such failure to so order in the same manner as an appeal from an order as provided in subdivision 2.
(a) Any person aggrieved by an order issued under this chapter may appeal to the district court upon the following grounds:
(1) the order was issued without jurisdiction to act;
(2) the order exceeded the jurisdiction of the presiding administrative law judge;
(3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable disregard of the best interests of the territory affected; or
(4) the order was based upon an erroneous theory of law.
(b) The appeal must be taken in the district court in the county in which the majority of the area affected is located. The appeal does not stay the effect of the order. All notices and other documents must be served on both the chief administrative law judge and the attorney general's assistant assigned to the chief administrative law judge for purposes of this chapter.
(c) If the court determines that the action involved is unlawful or unreasonable or is not warranted by the evidence in case an issue of fact is involved, the court may vacate or suspend the action involved, in whole or in part, as the case requires. The matter shall then be remanded for further action in conformity with the decision of the court.
(d) To render a review of an order effectual, the aggrieved person shall file with the court administrator of the district court of the county in which the majority of the area is located, within 30 days of the order, an application for review together with the grounds upon which the review is sought.
(e) An appeal lies from the district court as in other civil cases.
451.07 UTILITY PERMIT AFTER FRANCHISE, LICENSE EXPIRE.
A city of the first class may by ordinance give a permit to a public service corporation to use the streets and other public property in the city to continue to supply gas, electric energy, or steam for light, heat, or power.
The permit may be issued even if issuing it is contrary to the city's charter.
The permit is subject to the terms and conditions in this subdivision.
(a) The corporation must be supplying gas, electric energy, or steam for light, heat, or power, at the time the permit is issued.
(b) The corporation's franchise for supplying the utility service must have expired.
(c) The home rule charter of the city must allow for a limited number of licenses to use public property to supply utility service for not more than one year, and all the licenses must have been issued and must have expired.
The city may set the rates the corporation may charge for its service in the city. The rates must not be set more often than once in a calendar year.
The city may decide how much the corporation must pay to use the city's streets and other public property in the city.
The city must charge the corporation at least the minimum franchise fee, if any, required by the city charter when the corporation is not specifically relieved of the payment.
This section does not let the city change the rates or charges in this section if the city has fixed the rates or charges for a definite period in an agreement with the corporation.
452.01 DEFINITIONS.
Unless the language or context clearly indicates that a different meaning is intended, the words, terms, and phrases defined in subdivision 3, for the purposes of sections 452.08 to 452.13, shall be given the meaning subjoined thereto.
[Repealed, 1976 c 44 s 70]
"Public utilities" shall include street railways, telephones, waterworks, gas works, electric light, heat or power works, public docks, union depots and terminal systems, ice plants, stone quarries, creosoting works, and public markets.
449.12 VOTE NECESSARY.
The levy shall be deemed authorized if a majority of the votes cast at the election be in favor of the proposition, and the governing body of the city or town shall then levy a tax sufficient to support or employ the band, orchestra, or chorus, not to exceed the rate authorized by the election.
442A.12 CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL FROM DISTRICT COURT.
An appeal may be taken under the Rules of Civil Appellate Procedure by the chief administrative law judge from a final order or judgment made or rendered by the district court when the chief administrative law judge determines that the final order or judgment adversely affects the public interest.
449.14 USE OF FUNDS.
All funds derived from the levy shall be expended as set out in section 449.09 by the governing body of the city or town.
451.09 STEAM HEAT DISCONTINUED; NOTICE; COST TO CONVERT.
A public utilities board or commission that operates a steam heat system in a home rule charter city may discontinue the system in whole or part if the city council approves.
If the council approves, the board or commission may spend money to pay those whose service is discontinued to convert to another type of heat system.
This section applies notwithstanding a contrary city charter or other law.
Subdivisions 1 to 3 do not apply to the cities of Austin, Marshall, and Virginia.
A public utilities board or commission that operates a steam heat system in a home rule charter city must give the commissioner of employment and economic development two years' notice of its intended date to discontinue the system.
446A.076 ESTIMATED FUNDING NEEDS.
By February 1 each year, the Public Facilities Authority must submit to the legislative committees with jurisdiction over capital investment and environment and natural resources finance an estimate of the amount necessary to fund grants under sections 446A.072 and 446A.073. The report shall show for each community included in the estimate:
(1) the average annual residential wastewater treatment rates for the community if the community does not receive any grant funding under sections 446A.072 and 446A.073;
(2) the average annual residential wastewater treatment rates for the community if the community receives the maximum amount that the community is qualified for under sections 446A.072 and 446A.073; and
(3) a comparison of the rates in clause (2) with three times the annual Twin Cities metropolitan area weighted average retail charge per household as determined in the most recent Survey of Municipal Residential Wastewater Rates prepared by Metropolitan Council Environmental Services.
449.15 LIMITED LICENSE FEES ON AMUSEMENT MACHINES.
A home rule charter or statutory city may impose by ordinance a license fee on amusement machines of no more than the demonstrated and verifiable actual cost of issuing the license or $15 per location plus $15 per machine.
442A.13 UNIFORM PROCEDURES.
(a) Proceedings initiated by the submission of an initiating document or by the chief administrative law judge shall be scheduled for hearing within 30 to 60 days from receipt of the document by the chief administrative law judge or from the date of the chief administrative law judge's action, and the person conducting the hearing must submit an order no later than one year from the date of the first hearing.
(b) The place of the hearing shall be in the county where a majority of the affected territory is situated, and shall be established for the convenience of the parties.
(c) The chief administrative law judge shall mail notice of the hearing to the following parties: the sanitary district; any township or municipality presently governing the affected territory; any township or municipality abutting the affected territory; the county where the affected territory is situated; and each planning agency that has jurisdiction over the affected area.
(d) The chief administrative law judge shall see that notice of the hearing is published for two successive weeks in a legal newspaper of general circulation in the affected area.
(e) When the chief administrative law judge exercises authority to change the boundaries of the affected area so as to increase the quantity of land, the hearing shall be recessed and reconvened upon two weeks' published notice in a legal newspaper of general circulation in the affected area.
The chief administrative law judge shall see that copies of the order are mailed to all parties entitled to mailed notice of hearing under subdivision 1, individual property owners if initiated in that manner, and any other party of record.
451.10 DISTRICT HEATING SYSTEM.
Sections 451.10 to 451.17 apply to a city that:
(1) owns and operates a district heating system either directly by the city council or by a utility board or utility commission of the city; and
(2) has taken action under law or charter to discontinue the operation of the district heating system in whole or in part.
Sections 451.10 to 451.17 apply to the cities described in subdivision 1 notwithstanding a contrary provision in a city charter or in any other law including section 451.09.
The powers granted by sections 451.10 to 451.17 are supplemental and additional to other powers granted by law or charter.
451.11 POLICY; PURPOSE.
The legislature finds that it is in the public interest that cities owning and operating a district heating system that have determined to discontinue the system in whole or in part be authorized to establish and conduct a program to provide replacement heating and related equipment to the owners of property whose district heating service is discontinued. The legislature also finds that the cities should be authorized to adopt and implement programs to provide for the installation of energy conservation equipment and measures to enhance the efficient and economical use of energy in buildings and structures served by a district heating system and in which replacement heating systems are installed under sections 451.10 to 451.17.
The legislature further finds that expenditures made by cities for a purpose in sections 451.10 to 451.17 are expenditures for a public purpose.
446A.078 LEAD LINE REMOVAL GOAL.
It is the goal of the state of Minnesota to remove all lead service lines in public drinking water systems by 2033.
442A.15 BOARD ORGANIZATION AND PROCEDURES.
As soon as practicable after the election of the first board members of a district, the board shall meet at the call of the temporary chair to elect officers and take other appropriate action for organization and administration of the district. Each board shall hold a regular annual meeting at the call of the chair or otherwise as the board prescribes on or as soon as practicable after the first business day in January of each year and such other regular and special meetings as the board prescribes.
The officers of each district shall be a chair and a vice-chair, who shall be members of the board, and a secretary and a treasurer, who may but need not be members of the board. The board of a new district at its initial meeting or as soon thereafter as practicable shall elect the officers to serve until the first business day in January next following. Thereafter, the board shall elect the officers at each regular annual meeting for terms expiring on the first business day in January next following. Each officer serves until a successor is elected and has qualified.
The board at its initial meeting or as soon thereafter as practicable shall provide for suitable places for board meetings and for offices of the district officers and may change the same thereafter as the board deems advisable. The meeting place and offices may be the same as those of any related governing body, with the approval of the body. The secretary of the board shall notify the secretary of state, the county auditor of each county wherein any part of the district is situated, and the clerk or recorder of each related governing body of the locations and post office addresses of the meeting place and offices and any changes therein.
At any time before the proceeds of the first tax levy in a district become available, the district board may prepare a budget comprising an estimate of the expenses of organizing and administering the district until the proceeds are available, with a proposal for apportionment of the estimated amount among the related governmental subdivisions, and may request the governing bodies thereof to advance funds according to the proposal. The governing bodies may authorize advancement of the requested amounts, or such part thereof as they respectively deem proper, from any funds available in their respective treasuries. The board shall include in its first tax levy after receipt of any such advancements a sufficient sum to cover the same and shall cause the same to be repaid, without interest, from the proceeds of taxes as soon as received.
451.12 DEFINITIONS.
In sections 451.10 to 451.17 the definitions in this section apply.
"City" means a city, however organized, acting through its city council or through a public utilities commission duly created by law or charter.
"Replacement heating system improvement" means and includes furnaces, boilers, and similar heat generating and exchanging equipment together with related equipment, duct work, and control mechanisms that are installed to provide heating, ventilating, and air conditioning services in a building or structure whose district heating service has been discontinued by a city.
(a) "Energy conservation improvement" means and includes, but is not limited to, the following devices, methods, and materials, if recommended by an energy audit approved in a program and having a maximum cost of $20,000, that increase the efficiency of the use of energy in a building or structure:
(1) insulation and ventilation;
(2) storm windows, thermal windows, and storm doors;
(3) caulking and weatherstripping;
(4) heating system modifications; and
(5) thermostats or lighting controls.
(b) The term does not include a device or method that creates, converts, or actively uses energy from renewable resources such as wind, solar, or biomass.
"Program" means a statement of goals, procedures, standards of eligibility, and methods of financing for the installation of heating replacement system improvements and energy conservation improvements.
"Improvement" includes replacement heating system improvements and energy conservation improvements.
444.16 DEFINITIONS.
For the purposes of sections 444.16 to 444.21 the terms in this section have the meanings given them.
"Municipality" means a home rule charter or statutory city or a town that is not in an orderly annexation process on October 3, 1989.
"Governing body" means the city council for a city and the town board for a town.
442A.16 DISTRICT STATUS AND POWERS.
Every district shall be a public corporation and a governmental subdivision of the state and shall be deemed to be a municipality or municipal corporation for the purpose of obtaining federal or state grants or loans or otherwise complying with any provision of federal or state law or for any other purpose relating to the powers and purposes of the district for which such status is now or hereafter required by law.
Every district shall have the powers and purposes prescribed by this chapter and such others as may now or hereafter be prescribed by law. No express grant of power or enumeration of powers herein shall be deemed to limit the generality or scope of any grant of power.
Except as otherwise provided, a power or duty vested in or imposed upon a district or any of its officers, agents, or employees shall not be deemed exclusive and shall not supersede or abridge any power or duty vested in or imposed upon any other agency of the state or any governmental subdivision thereof, but shall be supplementary thereto.
All the powers of a district shall be exercised by its board of managers except so far as approval of any action by popular vote or by any other authority may be expressly required by law.
A district may sue and be sued and may enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.
A district may acquire by purchase, gift, or condemnation or may lease or rent any real or personal property within or without the district that may be necessary for the exercise of district powers or the accomplishment of district purposes, may hold the property for such purposes, and may lease, rent out, sell, or otherwise dispose of any property not needed for such purposes.
A district may accept gifts, grants, or loans of money or other property from the United States, the state, or any person, corporation, or other entity for district purposes; may enter into any agreement required in connection therewith; and may hold, use, and dispose of the money or property according to the terms of the gift, grant, loan, or agreement relating thereto.
451.13 PROGRAM.
A program may be adopted by resolution of the city council of a city after reasonable notice and hearing provided for by the city council.
The program must contain at least the following elements:
(1) a description of the kinds of property eligible for assistance with heating replacement improvements and energy conservation improvements;
(2) procedures for accomplishing the improvements by the city or private contractors;
(3) methods of financing the installation of the heating replacement and energy conservation improvements; and
(4) the administrative agency of the city responsible for conducting the program.
The city council may by resolution delegate the responsibility for the conduct of the program to a public utilities commission or public utilities board of the city.