piers109uk/MN-Statutes huggingface dataset:
456.31 MAY SELL ALL BONDS AT ONCE IN SPITE OF ORDINANCE.
If the people of a city of the first class have approved an ordinance to let the city issue bonds to extend, enlarge, and improve its city-owned and operated waterworks, and if the ordinance allows only a specified portion of the bonds to be issued in any one year, the city may issue all, or some, of the bonds remaining unissued at any time, notwithstanding the ordinance.
455.32 FOURTH CLASS CITY MAY SELL EXTRA POWER; CONDITIONS.
Any home rule charter city of the fourth class in this state owning and operating an electric light and power plant for the production and distribution of electricity may dispose of any surplus electricity produced to private consumers desiring the same residing outside the corporate limits of the city, at rates and upon terms as the governing body of the city may deem proper. Any disposition made pursuant to this section shall be subject to the restrictions in chapter 216B.
453.62 CONSTRUCTION.
Sections 453.51 to 453.62 shall be construed liberally to effectuate its legislative intent and purpose, as complete and independent authority for the performance of each and every act and thing authorized by sections 453.51 to 453.62, and all authority granted shall be broadly interpreted to effectuate this intent and purpose and not as a limitation of powers.
In the event of any conflict or inconsistency between sections 453.51 to 453.62 and any other law or charter provision, the provisions of sections 453.51 to 453.62 shall prevail.
456.37 WATER PIPES IN ROADS.
A home rule charter city that owns and operates a waterworks may extend its waterworks and supply water to occupants of property adjacent or accessible to the extension. The waterworks may be extended over, under, or along any road, street, alley, or public highway in or out of the city. The extension must not interfere with the safety or convenience of ordinary travel on the road, street, alley, or public highway.
This section does not give a home rule charter city any rights in any other city.
A home rule charter city may charge a reasonable fee for supplying water under this section.
456.33 WATER AUTHORITY MAY MAKE RULES FOR PAYMENTS.
The governing body of a waterworks owned by a city of the first class may adopt and enforce rules that it considers advisable on when payments for its water are due and payable.
458.20 CITY MAY CONDEMN WATER-COVERED LAND FOR SLIPS.
A city of the first class may acquire by eminent domain land covered with water or an easement in the land in the city. The water-covered land must connect with or be near public navigable water other than nearby rivers in or near the city. The city council must first declare by resolution that the land must be taken to open, to lay out, or to improve a slip or other waterway. The taking may include damage, injury, or destruction to the water-covered land. The slip or waterway must lead into or connect with the public navigable water.
458.21 CONDEMNED LAND MUST BE PUBLIC WATER HIGHWAY.
Land acquired under section 458.20 must be held for use as a public water highway for the travel accommodation and passage of watercraft.
458.22 CITY TO ACT AS CITY GETTING BUILDING LINE EASEMENT.
When a city council acts to acquire land or an easement in land under section 458.20, it must act the way a city council does under sections 463.01 to 463.07.
458.24 LAND MAY BE CONDEMNED FOR HARBORS AND WHARVES.
A city of the first class may condemn lands for harbors, wharves, boat landings, and for the required canals and approaches to them and may levy taxes to pay damages and other expenses of the condemnation proceedings. The condemnation must be done under chapter 117.
The city after filing and giving notice of the filing of the award under chapter 117, may enter on and appropriate the condemned land without giving a bond. If the entry and appropriation are made, the city is absolutely bound to pay damages awarded by the commissioners or by the court on appeal and the costs and expenses assessed against it. The payment must be made within the time limit in chapter 117.
If the city appeals from the commissioner's award, the city need not give or file an appeal bond.
458.23 LAND OR EASEMENT TO VEST IN CITY.
The city's taking and appropriation of the land for the purposes of sections 458.20 to 458.23 occurs when the proceedings are over and the awards are paid. At that time the land or the easement in the land for those purposes vests absolutely in the condemning city.
458.25 BUILD AND OPERATE WHARVES AND DOCKS; USER FEES.
A city of the first class may:
(1) establish, construct, maintain, and operate public landings, public wharves and docks, and transfer railroad tracks, and loading, unloading, transfer and storage facilities, in or out of the city;
(2) acquire by condemnation or otherwise riparian or other lands and other rights and easements needed for a purpose in clause (1) and construct, maintain, and operate the buildings and warehouses needed for that purpose;
(3) lay and collect reasonable duties or wharfage fees on vessels coming to or using the landings, wharves or docks;
(4) regulate the use of other wharves and docks in the city and the rates of wharfage to be paid by vessels using them;
(5) dredge or deepen the harbor or river or a branch or portion of it;
(6) make and enforce reasonable rules for the protection and use of its properties in or out of the city and impose and enforce adequate penalties for the violation of the rules.
Condemnation under this section must be done under chapter 117.
458.32 CITY MAY GET LEVEES ON STREAM IF CHANNEL MOVED.
A city of the first class may acquire levees by purchase or condemnation and may hold them. The levees must not be more than 200 feet wide and may be on either side or both sides of a navigable stream in the city. The levees may be acquired when the stream's channel is changed by the federal government.
The city may set aside part of the levees as the public needs require for travel. The city may devote the rest of the levees to uses the city council considers for the best interests of the city, allowing for any required use by the federal government.
458.33 ISSUANCE OF BONDS TO GET AND IMPROVE LEVEES.
A city of the first class may by ordinance adopted by a two-thirds vote of its entire council issue and sell bonds of the city of the par value of not more than $500,000 to help pay to acquire and improve the levees described in section 458.32.
458.34 LEVY FOR BONDS; DEBT LIMIT WAIVED; TAX LEVY.
The bonds authorized by sections 458.32 to 458.35 may be issued and sold by the city even if the sale results in the bonded debt of the city exceeding a limit in its charter or in state law.
The full faith and credit of the city must at all times be pledged to pay the bonds issued under sections 458.32 to 458.35, and to pay the current interest on the bonds. The city council shall each year include in its tax levy a sufficient amount to pay the interest as it accrues and to accumulate a sinking fund to redeem the bonds at their maturity.
458.35 TERM OF BONDS; SALE.
Bonds issued for the purposes mentioned in sections 458.32 to 458.34 must not run for a longer term than 30 years or bear a higher rate of interest than four percent per year, payable semiannually. The city council shall decide the place of payment of the principal and interest on the bonds and the denominations of the bonds. The bonds may be in the form of coupon bonds or registered certificates. The bonds must be signed by the mayor, be attested by the city clerk, be countersigned by the city comptroller, and be sealed with the city seal. The signatures on the coupons, if any, attached to the bonds may be lithographed. The bonds must not be sold at less than their par value plus accrued interest. The bonds must be sold to the highest responsible bidder.
458.39 USE OF BOND PROCEEDS; QUARRY AND DOCK FUND.
The proceeds of bonds issued and sold under sections 458.36 to 458.40 must be used only: to acquire by gift, purchase, or condemnation, a site containing rock; to remove and use the rock for a municipal purpose, especially to construct public grounds, public docks, harbor terminals, and a breakwater for protection of the grounds, docks, and terminals; to get and pay for equipment or machinery, tracks, and labor required to make the public improvements; and to clear rock obstructions from public highways near the public improvement sites.
The city department in charge of removing and disposing of the rock shall record the exact amount of the rock or crushed rock made from it that is removed and used by the city on its highways, or sold to contractors for the same use, or used for making other improvements under city authority or franchise.
If on its highways the city uses the rock or crushed rock made from it, then the city department that maintains the streets shall pay into the city's quarry and dock fund, money equal to what it would fairly spend for the material if obtained elsewhere in the city.
If the rock is sold to contractors making public improvements in the city, or under franchise from the city, then the money must also go into the quarry and dock fund. The money in the fund must be used only to pay interest on the bonds and to retire and pay the principal of the bonds. A tax must not be levied unless there is a deficiency in the quarry and dock fund to pay the interest or principal.
If a tax is needed to make up for a deficit in the quarry and dock fund, the amount levied must be paid to the city's general fund out of proceeds of the quarry and dock fund as soon as there is enough money in the quarry and dock fund to make the payment.
458.36 BONDS FOR QUARRIES AND DOCKS.
The council of a city of the first class, for a purpose in sections 458.36 to 458.40, may issue from time to time as needed negotiable bonds of the city to a total amount of not more than $500,000. The council shall decide what denominations, place, and time of payment are best for the bonds. The bonds must be paid within ten years of their issue date. The bonds must be serial in form. One-tenth must be retired each year after issue. They must bear interest of not more than six percent per year payable semiannually, with interest coupons attached, payable at the place named on them. The city council may also negotiate and sell the bonds from time to time to the highest bidder on the best terms that can be obtained for the bonds.
The bonds must not be sold for less than their par value plus accrued interest on them.
Sections 458.36 to 458.40 do not supersede a city charter provision for a voter's referendum on ordinances passed by the council. The sections also do not supersede a city charter provision making the action of the council subject to approval of a board of estimate and taxation or fixing a particular method to authorize bonds.
458.37 TAX LEVY TO PAY BONDS.
The full faith and credit of the issuing city must at all times be pledged to pay bonds issued under sections 458.36 to 458.40, and to pay the current interest on them. The city's council shall each year include in its tax levy a sufficient amount to pay the interest as it accrues.
A tax levy need not be made if the quarry and dock fund described in section 458.39 contains enough money to make the payment.
458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.
If a charter adopted under the Minnesota Constitution, article IV, section 36, article XI, section 4, or article XII, section 5, has a provision that requires the question of the issuance of bonds to be submitted to the electors, the provision prevails over sections 458.36 to 458.40.
458.38 ISSUE AND SALE OF BONDS.
Bonds issued under sections 458.36 to 458.40 must be sealed with the city seal, signed by the mayor, attested by the city clerk, and countersigned by the city comptroller or city auditor. The signatures on the coupons, if any, attached to the bonds may be lithographed. The city council shall decide the manner of the sale and how much to sell of the amount authorized in sections 458.36 to 458.40.
458.46 MAY GET AND FIX LAND FOR DOCKS; SET FEES; REGULATE.
A city council may by a two-thirds vote of all its members acquire lands or lands covered with water or buildings, for sites for public passenger docks. The lands must be acquired by purchase or by condemnation under chapter 117. A site for a public dock must not be acquired unless the council decides by two-thirds vote of all its members that the dock site is needed. The council may improve sites acquired for public docks by building and maintaining suitable buildings and suitable piers on the land. The city may by ordinance provide for the regulation, control, and operation of the docks, buildings and piers, and fix fees for their use.
458.59 RECLAIMING WASTED HARBOR LAND; SALE AND USE.
The use of submerged, eroded, or depleted tracts of land in harbors on navigable waters by a political subdivision or by a port authority to conserve, develop, reclaim, or protect the land so as to restore them to economic usefulness is a public use conferring a public benefit.
The commissioner of revenue may transfer such a tract forfeited to the state for taxes to a political subdivision or port authority for a purpose in subdivision 1 in accordance with section 282.01. A political subdivision or a port authority acquiring the lands may conserve, develop, reclaim or protect them in any manner considered suitable by its governing body. After restoring the lands to a state of economic usefulness, the political subdivision or port authority may use the lands itself, or lease them on any terms and conditions the governing body sees fit.
A lease of the lands must not be made without the approval of the governor and the state executive council.
State-owned tax-forfeited riparian or submerged lands located in harbors on the Great Lakes-St. Lawrence Seaway and lying within 1,500 feet of the established harbor line may be offered for sale or sold as tax-forfeited land under law. If the lands lie within a port district of a seaway port authority the offer for sale or sale must not be made without the approval by resolution of the seaway port authority and of the state executive council. This subdivision does not affect Laws 1963, chapter 827.
If the lands have been developed, improved or used for business or development purposes by persons, firms, or corporations who are using and occupying, and who have used and occupied, the property for business or development purposes for at least two years prior to sale, under a lease with the state or a governmental subdivision, then the person, firm, or corporation has the right, on the first day set for sale by the county auditor, to purchase the property at 125 percent of the appraised value.
458.73 POWER; FUND BY 40 YEAR CHAPTER 475 OBLIGATIONS.
The city of Lake City, by its common council at the request of its waterfront board, may establish, acquire, construct, equip, lease, operate, maintain, extend, and improve a municipal harbor and marina at Lake Pepin and on land near the lake. Property owned by the city on October 21, 1965, may be used for this purpose. The harbor and marina facilities may include a harbor, docks and slips for watercraft, automobile parking areas, bathing beaches, bath houses, trailer parks, picnic and recreation areas, a harbor and marina office building, concession facilities, other facilities, and needed appurtenances for any of the facilities.
The city of Lake City, by its common council at the request of its waterfront board, may sell and issue special obligations of the city in an amount not to exceed $600,000. The obligations are to get money for capital spending under subdivision 1, and for needed or proper expenses incidental to the capital projects as determined by the council, and for interest on money borrowed for the capital spending during and for a reasonable time after construction. The obligations are payable solely from the revenues to come from operating the municipal harbor and marina. The obligations may mature at any time within 40 years of their date of issue. Before the obligations are delivered the council may make the pledges and covenants about them as it considers necessary or desirable. The council may pledge revenues from owning, leasing, and operating the facilities to pay the obligations.
The obligations authorized in this section shall be sold and issued under chapter 475.
458A.01 DEFINITIONS.
The definitions given in this section shall obtain for the purposes of sections 458A.01 to 458A.15 except as otherwise expressly provided or indicated by the context.
"Transit commissioner" or "commissioner" means a member of the commission.
"Municipality" or "municipal corporation" means the municipalities comprising the transit area as defined in section 458A.02.
"Person" means any human being, any municipality or other public corporation or other public agency, any private corporation, any copartnership, joint stock company or other company, association or other organization, or any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, but does not include the commission.
"Public transit" means transportation of passengers for hire by means, without limitation, of a street railway, elevated railway, subway, underground railroad, motor vehicles, buses, or other means of conveyance operating as a common carrier on a regular route or routes, or any combination thereof; provided, however, that "public transit" shall not include a common carrier railroad or common carrier railroads.
"Public transit system" means, without limitation, a combination of property, structures, improvements, equipment, plants, parking or other facilities, and rights, or any thereof, used or useful for the purposes of public transit.
"Mass transit system" means a public transit system the primary function of which is to provide rapid public transit for large numbers of passengers.
"Operator" means any person engaged or seeking to engage in the business of providing public transit, but does not include persons engaged primarily in the transportation of children to or from school, in operating taxicabs, in operating buses, limousines, or other means for the transportation of passengers between a common carrier terminal station and a hotel or motel, in operating a common carrier railroad or common carrier railroads, or a person furnishing transportation solely for the person's employees or customers.
458A.07 LABOR PROVISIONS.
If the commission acquires an existing transit system, the commission shall assume and observe all existing labor contracts and pension obligations. All employees of such system except executive and administrative officers who are necessary for the operation thereof by the commission shall be transferred to and appointed as employees of the commission for the purposes of the transit system, subject to all the rights and benefits of sections 458A.01 to 458A.15. Such employees shall be given seniority credit and sick leave, vacation, insurance, and pension credits in accordance with the records or labor agreements from the acquired transit system. The commission shall assume the obligations of any transit system acquired by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare and pension or retirement provisions for employees. The commission and the employees, through their representatives for collective bargaining purposes, shall take whatever action may be necessary to have pension trust funds presently under the joint control of the acquired transportation system and the participating employees through their representatives transferred to the trust fund to be established, maintained and administered jointly by the commission and the participating employees through their representatives. No employee of any acquired transportation system who is transferred to a position with the commission shall by reason of such transfer be placed in any worse position with respect to workers' compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance or any other benefits than the person enjoyed as an employee of such acquired transportation system.
458A.09 EXEMPTION FROM TAXATION.
Notwithstanding any other provision of law to the contrary, the properties, moneys, and other assets of the commission, and all revenues or other income of the commission shall be exempt from all taxation, licenses, fees, or charges of any kind imposed by the state or by any county, municipality, political subdivision, taxing district, or other public agency or body of the state, except to the extent that the property is subject to the sales and use tax under chapter 297A.
458A.10 PROPERTY TAX.
The commission shall annually levy a tax not to exceed 0.12089 percent of estimated market value on all the taxable property in the transit area at a rate sufficient to produce an amount necessary for the purposes of sections 458A.01 to 458A.15, other than the payment of principal and interest due on any revenue bonds issued pursuant to section 458A.05. Property taxes levied under this section shall be certified by the commission to the county auditors of the transit area, extended, assessed, and collected in the manner provided by law for the property taxes levied by the governing bodies of cities. The proceeds of the taxes levied under this section shall be remitted by the respective county treasurers to the treasurer of the commission, who shall credit the same to the funds of the commission for use for the purposes of sections 458A.01 to 458A.15 subject to any applicable pledges or limitations on account of tax anticipation certificates or other specific purposes. At any time after making a tax levy under this section and certifying it to the county auditors, the commission may issue general obligation certificates of indebtedness in anticipation of the collection of the taxes as provided by section 412.261.
458A.11 WILL COMPLY IF LAW CREATES MULTIPURPOSE AGENCY.
The commission shall so plan and conduct its operations and projects that if the legislature subsequently enacts legislation creating a single multipurpose metropolitan public agency to handle a variety of problems affecting the transit area, and gives such agency powers and duties relating to public transit which are substantially the same as or greater than those given the commission by sections 458A.01 to 458A.15, with provisions which result in making the commission subject to such agency or merging the commission therein or transferring the powers and duties of the commission thereto or terminating the existence of the commission or otherwise disposing of its affairs, the commission will be prepared to comply therewith in accordance with the intent of the legislature.
458A.12 ACT EXCLUSIVE.
The exercise by the commission of the powers provided in sections 458A.01 to 458A.15 shall not be subject to regulation by or the jurisdiction or control of any other public body or agency, either state, county, or municipal, except as specifically provided in sections 458A.01 to 458A.15, and further except that in the event a public body or agency shall be created to exercise the powers of the commission as provided in sections 458A.01 to 458A.15, such powers shall be exercised by such other public body or agency.
458A.14 SEVERABILITY OF PROVISIONS.
The provisions of sections 458A.01 to 458A.15 shall be severable, and if any provision thereof or the application of any such provision under any circumstances is held invalid, it shall not affect any other provision of sections 458A.01 to 458A.15 or the application of any provision thereof under different circumstances.
458A.22 DIRECTORS.
The directors shall serve without compensation, and may be reimbursed for authorized out of pocket expenses incurred in the fulfillment of their duties. Directors shall serve until their respective successors are appointed and qualified. Terms of directors shall be for three years and staggered so that three expire on June 30 of each year. Whenever a vacancy on such authority shall occur by reason of resignation, death, removal from the city or the council district, or removal for failure or neglect to perform duties of a director, such vacancy shall be filled for the unexpired term. All appointments and removals of directors of the authority shall be made by the mayor, with the approval of the city council, evidenced by resolution. Every appointee who shall fail within ten days after notification of appointment to file with the city clerk an oath or affirmation to perform faithfully, honestly, and impartially the duties of office, shall be deemed to have refused such appointment, and thereupon another person shall be appointed in the manner prescribed in this section.
The city of Superior, Wisconsin shall transmit the name of one person to the mayor and council of the city of Duluth, to be appointed by the city of Duluth to serve as one of the nine directors during any time the city of Superior agrees with the authority to provide transit service to Superior. The term and other conditions of service shall be the same as that of other directors except that the term shall end if the city of Superior ceases to contract for service. If the city of Superior does not transmit a name or the city of Duluth does not appoint the named person, the city of Duluth may appoint another person.
458A.08 COMMISSION; ANNUAL REPORTS.
The commission on or before November 30, 1969, and annually thereafter, shall prepare a report for the preceding fiscal year, also, so far as practicable, for the further time up to the preparation of the report, containing, in addition to such other matters as the commission may deem proper, the following:
(a) the activities of the commission during the period covered by the report;
(b) the financial condition of public transit systems under the control of the commission;
(c) a complete financial accounting of moneys received and spent by the commission during the fiscal year;
(d) recommendations for improvements of or additions to the mass transit facilities of the area to provide adequate, speedy, and efficient means of transporting people therein;
(e) recommendations for any needed legislation in furtherance of the aforesaid purposes.
Each report shall be filed with the secretary of the commission and a copy shall be filed with the secretary of state. Copies shall be distributed annually to the governor, each county commission, and each elected chief executive of each municipality in the transit area.
458A.26 ADMINISTRATION.
The authority shall have the power:
(a) To adopt and alter all bylaws and rules and regulations which it shall from time to time deem best for the conduct of the business of the authority, and for the use and operation of the bus transportation system and the facilities of the authority, and for the purposes of carrying out the objects of sections 458A.21 to 458A.37; but such bylaws, rules and regulations shall not be in conflict with the terms of sections 458A.21 to 458A.37.
(b) To appoint and remove an executive director, and such other executive and administrative employees as the authority may deem necessary, including the appointment of consultants, except attorneys; and to prescribe the duties and fix the compensation of such executive director and other executive and administrative employees or consultants. Neither the executive director nor any executive or administrative employees of the authority shall be within the civil service classifications of the city of Duluth, whether such employees were employees of the system acquired, or were appointed by the authority after the system was acquired by the authority. The provisions of sections 197.455 through 197.46, shall not be applicable to any such employees of the authority under this section.
(c) To prescribe or provide for a policy or policies of insurance for the defense and indemnification of the city of Duluth, its officers and employees, and directors, executive director, and administrative employees of the authority, against claims arising against them out of the performance of duty, whether such claims be groundless, or otherwise. Premiums for any policies of insurance required by sections 458A.21 to 458A.37 shall be paid for out of the funds of the Duluth Transit Authority.
(d) To utilize the services and facilities of the Department of Management and Budget and the city treasurer of the city of Duluth in the implementation of sections 458A.21 to 458A.37; and to pay the city for all charges and costs for such services. The city attorney and the purchasing agent shall be the attorney and the purchasing agent, respectively, for the authority; and the authority shall reimburse the city for all charges and costs incurred by the city therefor.
(e) To authorize and direct the city treasurer to invest, in the manner provided by law, any funds held in reserve, or sinking funds, or any funds not required for immediate disbursement.
(f) To establish and determine routes, and the scheduling of service, for the transportation system.
(g) To fix, alter, change, and collect fares, fees, rentals, and all other charges to be made for all services or facilities furnished by the authority to the public, or to any persons, or public or private agencies; provided, however, that no change in fares shall be made except upon public hearing before the city council, and approval by the city council, of any such change in fares.
458A.15 CITATION.
Sections 458A.01 to 458A.15 may be cited as the "St. Cloud Metropolitan Transit Commission Act of 1969."
458A.21 CREATION.
There is hereby created a Duluth Transit Authority for the city of Duluth, hereinafter referred to as the authority, which shall consist of nine directors, who shall be appointed to membership on such authority, and who shall have and exercise the powers, perform the duties, and be subject to the obligations hereinafter set forth in sections 458A.21 to 458A.37. Each of the five council districts within the city shall be represented at all times on the authority, and the director representing such district shall be a resident thereof.
458A.23 RULES; OFFICERS.
Within 20 days after the members of the authority shall have qualified for office, the authority shall meet and organize, and adopt, and thereafter may amend such rules and regulations for the conduct of the authority as the authority shall deem to be in the public interest and most likely to advance, enhance, foster, and promote the establishment of a public transportation system for the Duluth area, as hereinafter provided for in sections 458A.21 to 458A.37. Such rules and regulations shall at all times be in harmony with sections 458A.21 to 458A.37.
Such directors shall elect from among their members a president and a vice-president, and shall also elect a secretary, who may or may not be a member of said authority. No two of such offices may be held by one director. The officers shall have the duties and powers usually attendant upon such officers, and such other duties and powers not inconsistent herewith as may be provided by the authority.
458A.27 EXECUTIVE DIRECTOR.
The executive director of the authority shall be responsible for the custody and control of all moneys received and collected from the operations of the bus transportation system provided for in sections 458A.21 to 458A.37 until such moneys are delivered to the city treasurer and the executive director shall have obtained a receipt therefor, or until such moneys are deposited in a bank account under the control of the city treasurer, subject, however, to the right of the city council, by resolution, to enter into a management contract under terms and conditions different from those provided for in this section.
The executive director shall give bond in favor of the city of Duluth in a sum equal to twice the amount of money which the executive director will probably handle at any time during any one year, that amount to be determined annually by the authority; such bond to be conditioned upon the faithful discharge of the executive director's official duties, and approved as to form, correctness and validity by the city attorney, and filed with the city auditor. Premiums for such bonds shall be paid for out of the funds of the Duluth Transit Authority. In addition, the authority may require bonds in favor of the city of Duluth for any other of its employees, in such amount, and with such surety or sureties, as it may deem necessary and proper for the protection of the city. Premiums for any such bonds shall be paid for out of funds of the Duluth Transit Authority. The authority shall, in addition to other insurance provisions of sections 458A.21 to 458A.37, provide for insurance on any of its property, rights, revenue, workers' compensation, public liability, or any other risk or hazard arising from its activities; and the premiums for any such insurance shall be paid for out of funds of the Duluth Transit Authority.
458A.29 EMPLOYEES.
If the authority, on behalf of the city of Duluth, acquires an existing bus transportation system, all employees of such system who are necessary for the operation thereof by the authority may be transferred to and appointed as employees of the authority for the purposes of such bus transportation system, subject to all the rights and benefits of sections 458A.21 to 458A.37. Employees of the authority shall not be within the civil service classifications of the city of Duluth.
The employees of the authority, except executive or administrative employees appointed pursuant to the provisions of sections 458A.21 to 458A.37, shall in case of any dispute arising under any existing or new collective bargaining agreement relating to the terms and conditions of their employment, have the right, for the purpose of resolving such disputes, to invoke the processes of final and binding arbitration as provided by chapter 572, subject to any applicable provisions of the agreement not inconsistent with law.
458A.28 PUBLIC POWERS; APPEALS.
There shall be transferred to and vested in the authority and the city council all of the powers and functions of the Public Service Commission of the state of Minnesota with respect to any bus transportation system, or part thereof, which shall have been constructed or acquired by and is owned by the city of Duluth and operated under the direction of the Duluth Transit Authority provided for in sections 458A.21 to 458A.37; and with respect to any such bus transportation system so constructed, acquired and owned by the city and operated by said authority, the exercise of such powers and functions by the authority and the city council shall be exclusive, and the Public Service Commission shall not have authority to exercise such powers and functions with respect thereto.
An appeal from any order or decision of the authority and the city council may be taken by any party aggrieved thereby in like manner and with like effect as provided by law for appeals in corresponding cases from orders or decisions of the Public Service Commission.
458A.30 TAX EXEMPTION.
Notwithstanding any other provisions of law to the contrary, the property, moneys, and other assets of the authority, or revenues or other income of the authority, and all bonds, certificates of indebtedness, or other obligations issued by the authority, with the approval of the city council, and the interest thereon, shall be exempt from all taxation, licenses, fees, or charges of any kind imposed by the state of Minnesota, or by any county, municipality, political subdivision, taxing district, or other public agency or body of the state, including but not limited to the excise tax on gasoline or special fuel under chapter 296A, except to the extent that the property is subject to the sales and use tax under chapter 297A.
458A.31 TAXES.
Notwithstanding anything to the contrary contained in the charter of the city of Duluth, any ordinance thereof, or any statute applicable thereto, limiting the amount levied in any one year for general or special purposes, the city council of the city of Duluth shall each year levy a tax in an amount not to exceed 0.07253 percent of estimated market value, by ordinance. An ordinance fixing the levy shall take effect immediately upon its passage and approval. The proceeds of the levy shall be paid into the city treasury and deposited in the operating fund provided for in section 458A.24, subdivision 3.
All moneys received by the city from the excess tax levy hereinabove provided for shall be used for the operation, promotion, maintenance or betterment of the bus transportation system; and for the expenses of the authority provided for herein.
The authority, if authorized by an affirmative vote of at least five of its members, and approval by the city council, may borrow money on such terms as it deems proper, and may issue certificates of indebtedness for anticipation of the collection of the excess tax levy as hereinabove provided for upon like procedure and subject to like provisions and limitations as provided by section 412.261, and acts amendatory thereof or supplementary thereto.
458A.33 GENERAL OBLIGATION BONDS.
In addition to the powers contained in section 458A.32, the city upon request of the authority shall have the power to issue general obligation bonds for any of the following purposes:
(1) to purchase, construct, or equip terminal facilities, maintenance and garage facilities, ramps, parking areas, or similar facilities used or useful in connection with a public transit system or part thereof;
(2) to acquire, improve, extend, or reconstruct any public transit system presently operated in the city of Duluth, or any part thereof;
(3) to acquire any property or equipment useful for the construction, reconstruction, extension, improvement, or operation of any public transit system presently operated in the city of Duluth, or any part thereof;
(4) to construct and improve a new public transit system for the city of Duluth other than a presently existing transit system, and in connection therewith may exercise all the powers provided for in this section.
Obligation bonds under this section shall be issued in such amounts, but in no event to exceed the sum of $1,400,000, at such times and in such series as the authority shall determine by resolution, subject to approval and ratification by the city council of the city of Duluth, evidenced by ordinance. Except as otherwise provided by this section, the maturities, any right of prior redemption, execution, paying agency, provision for interest, or other terms of the bonds, shall be subject to the provisions of sections 475.54 to 475.56.
General obligation bonds issued under this section shall constitute a debt of the city of Duluth for which the full faith and credit of the city shall be pledged; and a tax levy shall be compelled for their payment in the manner required by chapter 475; and they shall so recite.
458A.36 CONFLICTING AUTHORITY.
The exercise by the authority and the city council of the powers provided in sections 458A.21 to 458A.37 shall not be subject to regulation by or the jurisdiction or control of any other public body or agency, either state, county, or municipal, except as specifically provided in sections 458A.21 to 458A.37.
458A.35 BIDS.
The authority shall regulate the making of bids and letting of contracts through procedures established by the authority, in which case the authority would be substituted for the city council insofar as the conditions as set forth in section 31 of the home rule charter of the city of Duluth are concerned.
458A.37 CITATION.
Sections 458A.21 to 458A.37 may be cited as the "Duluth Transit Authority Act of 1969."
458A.34 PROPERTY ACQUISITION.
In the event that it shall become necessary for any of the purposes enumerated in sections 458A.21 to 458A.37 to exercise the power of eminent domain, such power shall not be exercised by the authority, but the city of Duluth may acquire any of the properties hereinbefore provided for in sections 458A.21 to 458A.37 necessary for the conduct of a bus transportation system, or for the purpose of acquiring any land, waters, easements, or other rights or interests therein by the exercise of the power of eminent domain, either as provided for under the home rule charter of the city of Duluth, or under chapter 117, and acts amendatory thereof or supplementary thereto. Any such exercise of the power of eminent domain by the city shall be at the request and expense of the authority. The fact that any such property is owned by a public service corporation organized for the purpose specified in section 301B.01, or is already devoted to a public use, or to use by a corporation, or was acquired therefor by condemnation, shall not prevent its acquisition by the city for the authority by condemnation. The city, on behalf of the authority, may take possession of any property for which condemnation proceedings have been commenced at any time after the filing of the petition describing the property in the proceedings.
Any state department or other agency of the state government, or any county, municipality, or other public agency, may sell, lease, grant, transfer, or convey to the authority, upon approval of the city council, evidenced by resolution, with or without consideration, any facilities or any part or parts thereof, or any real or personal property or interest therein, which may be useful to the authority for any authorized purpose.
458D.01 PURPOSE AND POLICY.
The legislature determines that in the lower St. Louis River basin area there are serious problems of water pollution and disposal of sewage and solid waste which cannot be effectively or economically dealt with by existing government units under existing laws. The legislature, therefore, declares that for the protection of the public health, safety and welfare of the area, for the preservation and best use of waters, land and other natural resources of the state in the area, for the prevention, control and abatement of water pollution and disposal of solid waste in the area, and for the efficient and economic collection, treatment and disposal of sewage and solid waste, it is necessary to establish in Minnesota for said area a sanitary board assigned the responsibility of carrying on a continuous long range program of planning with respect thereto and given the authority to take over, acquire, construct, better, administer, operate and maintain any and all interceptors and treatment works needed for the collection, treatment and disposal of sewage and solid waste in such area, as well as local sanitary sewer facilities over which the board agrees to assume responsibility at the request of any local government unit. The board may construct, operate and regulate solid waste disposal sites and facilities.
459.06 MUNICIPAL AND MEMORIAL FORESTS.
Any county, city, or town may by resolution of its governing body accept donations of land that the governing body deems to be better adapted for the production of timber and wood than for any other purpose, for a forest, and may manage it on forestry principles. The donor of not less than 100 acres of any such land shall be entitled to have the land perpetually bear the donor's name. The governing body of any city or town, when funds are available or have been levied therefor, may, when authorized by a majority vote by ballot of the voters voting at any general or special city election or town meeting where the question is properly submitted, purchase or obtain by condemnation proceedings, and preferably at the sources of streams, any tract of land for a forest which is better adapted for the production of timber and wood than for any other purpose, and which is conveniently located for the purpose, and manage it on forestry principles. The city or town may annually levy a tax on all taxable property within its boundaries to procure and maintain such forests.
Any county may by resolution of the county board set aside tax-forfeited land which is more suitable for forest purposes than for any other purpose and dedicate said lands as a memorial forest and manage the same on forestry principles. Any moneys received as income from the land so dedicated and set aside may be expended from the forfeited tax fund for the development and maintenance of the dedicated forest.
Any tax-forfeited land which has been included in a memorial forest established in any county under the provisions of subdivision 2, and which is found more suitable for other purposes may by resolution of the county board be withdrawn from the forest for disposal as tax-forfeited land if the commissioner of natural resources approves the sale of such land.
458D.08 BUDGET.
The board shall prepare and adopt, on or before December 31, 1971, and on or before November 1, 1972, and each year thereafter, a budget showing for the following calendar year or other fiscal year determined by the board, sometimes referred to in sections 458D.01 to 458D.24 as the budget year, the estimated revenue from all sources, including but not limited to, income earned in the operation of the district disposal system, federal or state grants, taxes on property, and funds on hand at the beginning of the year, and estimated expenses for:
(1) credits to each local government unit under section 458D.06, subdivision 4;
(2) deferred payments under section 458D.09, subdivision 3;
(3) costs of operation, administration and maintenance of the district disposal system;
(4) costs of acquisition and betterment of the district disposal system; and
(5) debt service, including principal and interest, on general obligation bonds and certificates issued pursuant to section 458D.14, obligations assumed under section 458D.06, subdivision 3, and any money judgments entered by a court of competent jurisdiction. Expenses within these general categories, and such others as the board may from time to time determine, shall be itemized in such detail as the board shall prescribe. The board and its officers, agents and employees shall not incur an expense for any purpose other than debt service without having set forth such expense in the budget nor in excess of the amount set forth in the budget therefor, and no obligation to incur such an expense shall be enforceable except as the obligation of the person or persons incurring it; providing that the board may amend the budget at any time by transferring from one purpose to another any revenue except for debt service and bond proceeds and by increasing expenses in any amount by which revenue during the budget year is estimated to exceed the total amounts designated in the original budget. The creation of any obligation pursuant to section 458D.14 or the award of any federal or state grant is a sufficient budget designation of the proceeds for the purpose for which it is authorized, and of the tax or other revenue pledged to pay the obligation and interest on it, whether or not specifically included in any annual budget. The budget shall contain, in addition to the provisions above, the estimated revenue from income earned in the operation of solid waste disposal sites or facilities and estimated expenses for the operation of such solid waste disposal sites or facilities. Revenues from the operation of disposal sites or facilities shall not be used to fund in whole or in part the maintenance or operation of the district disposal system as that term is defined in section 458D.02.
459.07 CITIES MAY ESTABLISH MUNICIPAL FOREST.
Any city of the first class operating under the Constitution of the state of Minnesota, by resolution of the governing body thereof, may purchase or obtain by condemnation proceedings, any tract or tracts of land bordering any lake, for a municipal forest and manage the same on forestry principles and may reserve any part of such land for use as a public bathing beach. The selection of such lands and the plans of management thereof, shall have the approval of the director of lands and forestry.