piers109uk/MN-Statutes huggingface dataset:
442A.17 SPECIFIC PURPOSES AND POWERS.
A district may construct, install, improve, maintain, and operate any system, works, or facilities within or without the district required to control and prevent pollution of any waters of the state within its territory.
A district may construct, install, improve, maintain, and operate any system, works, or facilities within or without the district required to provide for, regulate, and control the disposal of sewage, industrial waste, and other waste originating within its territory. The district may require any person upon whose premises there is any source of sewage, industrial waste, or other waste within the district to connect the premises with the disposal system, works, or facilities of the district whenever reasonable opportunity therefor is provided.
A district may construct, install, improve, maintain, and operate any system, works, or facilities within or without the district required to provide for, regulate, and control the disposal of garbage or refuse originating within the district. The district may require any person upon whose premises any garbage or refuse is produced or accumulated to dispose of the garbage or refuse through the system, works, or facilities of the district whenever reasonable opportunity therefor is provided.
A district may procure supplies of water necessary for any purpose under subdivisions 1 to 3 and may construct, install, improve, maintain, and operate any system, works, or facilities required therefor within or without the district.
(a) To maintain the integrity of and facilitate access to district systems, works, or facilities, the district may maintain and repair a road by agreement with the entity that was responsible for the performance of maintenance and repair immediately prior to the agreement. Maintenance and repair includes but is not limited to providing lighting, snow removal, and grass mowing.
(b) A district shall establish a taxing subdistrict of benefited property and shall levy special taxes, pursuant to section 442A.24, subdivision 2, for the purposes of paying the cost of improvement or maintenance of a road under paragraph (a).
(c) For purposes of this subdivision, a district shall not be construed as a road authority under chapter 160.
(d) The district and its officers and employees are exempt from liability for any tort claim for injury to person or property arising from travel on a road maintained by the district and related to the road's maintenance or condition.
450.19 TOURIST CAMPING GROUNDS.
A home rule charter or statutory city or town may establish and maintain public tourist camping grounds. The governing body thereof may acquire by lease, purchase, or gift, suitable lands located either within or without the corporate limits for use as public tourist camping grounds and provide for the equipment, operation, and maintenance of the same. The amount that may be expended for the maintenance, improvement, or operation of tourist camping grounds shall not exceed, in any year, a sum equal to 0.00806 percent of estimated market value.
444.17 ESTABLISHMENT OF DISTRICT.
The governing body of a municipality may by ordinance adopted by a two-thirds vote of all of its members, establish within its territorial limits a storm sewer improvement tax district. The ordinance shall describe with particularity the territory or area within the municipality to be included within the district. No such ordinance shall be adopted until after a public hearing has been held on the question. A notice of the time, place and purpose of the hearing shall be published for two successive weeks in the official newspaper of the municipality or in a qualified newspaper of general circulation in the municipality and the last notice shall be at least seven days prior to the day of the hearing. The ordinance when adopted shall be recorded with the county auditor and county recorder.
451.14 INSTALLING THE IMPROVEMENTS.
The program may provide for the methods of installing the improvements set out in this subdivision.
(a) The city may contract with one or more contractors to perform work and furnish materials for the improvements.
(b) The owner of a building or structure eligible for an improvement may contract for the installation of the improvement, subject to approval by the city as provided in the program.
(c) The city may contract with a property owner for the installation of an improvement by the property owner, but no payment under section 451.15 may be made for the property owner's labor.
The program must provide a method by which a city official or employee may inspect and is to certify the completed installation of the improvement to ensure compliance with city codes and ordinances and other standards specified in the program.
Contracts entered into under subdivision 1, paragraph (a), are subject to competitive bidding requirements of law.
442A.18 DISTRICT PROJECTS AND FACILITIES.
For the purpose of constructing, improving, maintaining, or operating any system, works, or facilities designed or used for any purpose under section 442A.17, a district, its officers, agents, employees, and contractors may enter, occupy, excavate, and otherwise operate in, upon, under, through, or along any public highway, including a state trunk highway, or any street, park, or other public grounds so far as necessary for such work, with the approval of the governing body or other authority in charge of the public property affected and on such terms as may be agreed upon with the governing body or authority respecting interference with public use, restoration of previous conditions, compensation for damages, and other pertinent matters. If an agreement cannot be reached after reasonable opportunity therefor, the district may acquire the necessary rights, easements, or other interests in the public property by condemnation, subject to all applicable provisions of law as in case of taking private property, upon condition that the court shall determine that there is paramount public necessity for the acquisition.
A district may, upon such terms as may be agreed upon with the respective governing bodies or authorities concerned, provide for connecting with or using; lease; or acquire and take over any system, works, or facilities for any purpose under section 442A.17 belonging to any other governmental subdivision or other public agency.
A district may, upon such terms as may be agreed upon with the respective governing bodies or authorities concerned, authorize the use by any other governmental subdivision or other public agency of any system, works, or facilities of the district constructed for any purpose under section 442A.17 so far as the capacity thereof is sufficient beyond the needs of the district. A district may extend any such system, works, or facilities and permit the use thereof by persons outside the district, so far as the capacity thereof is sufficient beyond the needs of the district, upon such terms as the board may prescribe.
A district may be a party to a joint cooperative project, undertaking, or enterprise with one or more other governmental subdivisions or other public agencies for any purpose under section 442A.17 upon such terms as may be agreed upon between the governing bodies or authorities concerned. Without limiting the effect of the foregoing provision or any other provision of this chapter, a district, with respect to any of said purposes, may act under and be subject to section 471.59, or any other appropriate law providing for joint or cooperative action between governmental subdivisions or other public agencies.
443.18 MAY HAVE GARBAGE PLANT IN FIRST CLASS CITY.
Any city of the first class in the state, is hereby authorized and empowered to acquire, by purchase or condemnation, lands on which to erect plants for the destruction of garbage and other refuse matter; also to purchase, erect, operate, and maintain such plants for the destruction of garbage and other refuse matter, also to provide for the collection of all such garbage or refuse matter and delivering the same to such destruction plants or other places, and to pay and contract to pay for the same in such annual installments and at such a rate of interest on deferred payments as the council of the city may determine. Each and every act and thing authorized by sections 443.18 and 443.19 shall receive at least a three-fourths vote of all members of the council before the same shall be effective for any purpose.
450.20 ART COMMISSION; WORK OF ART.
The council of any city of the first class may establish by ordinance a city art commission of five resident members to be appointed by the mayor, one each from lists of three persons each presented to the mayor as follows: One by the oldest incorporated society of fine arts or other similar body of the city, one by the library board thereof, and one by the park board. The other two shall be selected, one from the resident painters, sculptors, and architects, and one from the citizens generally. If any list be not submitted within 30 days after request so to do, the mayor shall appoint without the recommendation. The terms of members shall begin January 1 next after appointment. The first board shall serve for one, two, three, four, and five years, respectively, as designated by the mayor, and thereafter the term of each shall be five years, and until a successor qualifies. Vacancies shall be filled for the unexpired terms by like appointments. After the commission is established, the city shall acquire no work of art, nor shall any such work be placed in any public place therein, unless the design and location thereof be approved by such commission; neither shall any work of art possessed by the city be removed, replaced, or altered without the approval of the commission. The mayor or council may request the commission to pass upon the design of any municipal building, bridge, approach, gate, fence, lamp, or other structure to be erected upon any public ground of the city, and upon any proposed grading, platting, or laying out of public grounds or ways; and in these cases the decisions of the commission shall be binding, and shall be obeyed. If the commission shall fail to decide upon any matter within 60 days after such request, its decision may be dispensed with and in cases of emergency the mayor or council may prescribe a shorter time. The term "work of art," as used herein, shall embrace all paintings, mural decorations, stained glass, statues, bas-reliefs or other sculptures, monuments, fountains, arches, gates, and other permanent structures for ornament or commemoration. Nothing herein shall apply to any building or grounds owned by the state or require any library or park board to accept any work of art to be displayed upon property under its control.
451.15 PAYMENTS; FINANCING.
The program may include one or more of the methods described in this section for financing the cost of the installation of improvements.
The city may contract with a property owner for the payment in cash of the cost of the installation of the improvements upon completion of the installation of the improvements. The payment must be secured by:
(1) a deposit with the city of 90 percent of the contract price; or
(2) a written commitment from a bank or other financial institution approved in the program to lend the property owner the full amount of the contract price for payment to the city.
The city may accept payment of the contract price by a promissory note from the property owner delivered at the time of entering into the contract payable at such times, not exceeding ten years, and in the amounts and at the interest rate specified in the program.
The balance of payments due under subdivision 2 and the entire principal of and interest on a promissory note delivered under subdivision 3 are secured by a lien created by this subdivision on the real property on which the improvements are made. If payment is not made according to the terms of the program, or the note, the chief financial officer of the city may certify the entire amount so due to the county auditor for collection as other taxes are collected.
The program may provide that at the request of the property owner the unpaid cost of the installation of an improvement is to be specially assessed against the real property on which the improvement is installed in the manner provided by section 429.101, except that:
(1) the adoption of an ordinance is not required; and
(2) obligations issued to finance the improvements must mature not later than ten years from the date of their issuance.
444.18 AUTHORITY; TAX FOR COST; PROCEDURES.
Following the adoption of an ordinance under sections 444.16 to 444.21, the governing body may acquire, construct, reconstruct, extend, maintain, and otherwise improve storm sewer systems and related facilities within the district. Stormwater holding areas and ponds within and without the municipality may also be acquired, constructed, maintained, and improved for the benefit of any such district. The cost of the systems and facilities described in this subdivision may be recovered by the tax authorized in section 444.20.
MS 1990 [Repealed, 1991 c 76 s 2]
Before the municipality awards a contract for an improvement, the governing body shall hold a public hearing on the proposed improvement following two publications in the official newspaper of a notice stating:
(1) the time, date and place of the hearing;
(2) the general nature of the improvement;
(3) the estimated cost;
(4) the area over which any levy will be imposed; and
(5) the term over which the costs will be recovered.
The two publications shall be a week apart and the hearing shall be at least three days after the last publication. Not less than ten days before the hearing, notice of it shall be mailed to the owner of each parcel within the area proposed to be taxed, including the estimated tax to be levied against each parcel in the first year. Failure to give mailed notice or any defects in any notice shall not invalidate the proceedings. For the purpose of giving mailed notice, owners shall be those shown to be owners on the records of the county treasurer.
Before the hearing, the council shall secure from the city engineer or some other competent person a report advising it in a preliminary way as to:
(a) whether the proposed improvement is feasible;
(b) whether it should be made as proposed or in connection with some other improvement; and
(c) the estimated cost of the improvement.
No error or omission in the report shall invalidate the proceeding unless it materially prejudices the interest of an owner. The council may also take other steps before the hearing including among other things the preparation of plans and specifications and the advertisement for bids on them that will in its judgment provide helpful information in determining the desirability and feasibility of the improvement. The hearing may be adjourned from time to time. A resolution ordering the improvement may be adopted at any time within six months after the date of the hearing.
443.19 LIMIT OF INDEBTEDNESS; TAX ESTIMATES.
The obligations incurred by any city of the first class in the making of any such contracts shall not be considered as a part of its indebtedness under the provisions of its governing charter, or of any law of this state fixing the limit of amount of its indebtedness; nor shall it be required, at any time before making, or during the life of such contracts, to have specifically provided for the same by previous tax estimates or levy, or to provide for or have on hand in its treasury more money applicable to such contracts than the amount to be paid thereon during a single year.
442A.19 CONTROL OF SANITARY FACILITIES.
A district may regulate and control the construction, maintenance, and use of privies, cesspools, septic tanks, toilets, and other facilities and devices for the reception or disposal of human or animal excreta or other domestic wastes within its territory so far as necessary to prevent nuisances or pollution or to protect the public health, safety, and welfare and may prohibit the use of any such facilities or devices not connected with a district disposal system, works, or facilities whenever reasonable opportunity for such connection is provided; provided that the authority of a district under this section does not extend or apply to the construction, maintenance, operation, or use by any person other than the district of any disposal system or part thereof within the district under and in accordance with a valid and existing permit issued by the Minnesota Pollution Control Agency.
451.16 FINANCING; OBLIGATIONS.
In addition to the authority to issue obligations under section 429.101, a city may issue its bonds or other obligations to finance the cost of the installation of improvements as provided in this section.
A city may issue and sell its revenue obligations payable solely from the revenues derived or to be derived from assessments and payments from property owners under section 451.15, which revenues must be pledged to the payment of the obligations. Obligations issued under this subdivision are considered to be payable wholly from the income of a revenue-producing convenience within the meaning of sections 475.51 and 475.58.
A city may issue and sell its general obligations under chapter 475, payable from the revenues and assessments derived or to be derived from property owners under section 451.15, which revenues must be pledged to the payment of the obligations. General obligations must not be issued unless the pledged revenues are estimated to equal at least 105 percent of the amount necessary to pay when due the principal of and interest on the obligations. Obligations issued under this subdivision are considered to be payable wholly from the income of a revenue-producing convenience within the meaning of sections 475.51 and 475.58.
450.21 CITY MAY SPEND TO EXHIBIT PRIVATE SCIENCE, ART.
Any city of the first class in this state is hereby authorized and empowered, from time to time, to appropriate and expend money, in such sums as may be determined by two-thirds vote of all members of its council or governing body, for the purpose of defraying the expense of housing, maintaining, and exhibiting scientific and art collections for the benefit of the public which are owned or controlled by private corporations or associations.
442A.20 DISTRICT PROGRAMS, SURVEYS, AND STUDIES.
A district may develop general programs and particular projects within the scope of its powers and purposes and may make all surveys, studies, and investigations necessary for the programs and projects.
444.19 BONDS.
At any time after a contract for the construction of all or part of an improvement has been entered into or the work has been ordered done by day labor, the governing body may issue obligations in an amount it deems necessary to defray in whole or in part the expense incurred and estimated to be incurred in making the improvement, including every item of cost from inception to completion and all fees and expenses incurred in connection with the improvement or the financing thereof. The obligations shall be payable primarily out of the proceeds of the tax levied pursuant to section 444.20. The governing body may by resolution adopted prior to the sale of obligations pledge the full faith, credit and taxing power of the municipality to assure payment of the principal and interest in the event the proceeds of the tax levy in the district are insufficient to pay the principal and interest. Obligations shall be issued in accordance with chapter 475, except that an election is not required, and the amount of the obligations is not included in determining the net indebtedness of the municipality under the provisions of any law or charter limiting such indebtedness.
441.26 ROAD, BRIDGE, FERRY BEYOND FOURTH CLASS, STATUTORY CITY.
The council of any statutory city or of any city of the fourth class may appropriate and expend such reasonable sums as it may deem proper to assist in the improvement and maintenance of roads lying beyond its boundaries and leading into it and to improve and maintain bridges and ferries thereon whether they are within or without the county in which it is situated.
452.10 BOOKS; REPORT.
Every city of the first class owning and operating a public utility shall keep the books of account for the public utility distinct from other city accounts, and in such manner as to show the true and complete financial results of the city ownership, or ownership and operation, as the case may be. These accounts shall be so kept as to show the actual cost to the city of the public utilities owned; all cost of maintenance, depreciation, extension, and improvement; all operating expenses of every description, in case of city operation; the amount set aside for sinking fund purposes. The council shall cause to be printed annually, for public distribution, a report showing the financial results of the city ownership, or ownership and operation.
450.22 CONDITIONS PRECEDENT.
No money shall be appropriated or expended under section 450.21 by any city of the first class unless the collections are kept and maintained within the city for the general use and benefit of the public, under such reasonable rules and regulations as shall be first approved by the mayor of the city; nor unless the corporation or association owning or controlling the collections shall first provide by its articles of incorporation that the mayor and at least two other officials of the city shall be ex officio members of its governing board.
451.17 CITY OF VIRGINIA.
The city of Virginia is considered to have complied with section 451.09, notwithstanding section 451.09, subdivision 4.
446A.09 REPORT; AUDIT.
The authority shall report to the legislature and the governor by January 15 of each year. The report must include a complete operating and financial statement covering the authority's operations during the year, including amounts of income from all sources. The report must also include the authority's analysis of the interest rate subsidy provided to borrowers on loans made during the year. Books and records of the authority are subject to audit by the legislative auditor in the manner prescribed for state agencies.
444.20 TAXES.
The governing body of a municipality may levy a tax on all taxable property within the district in an amount necessary to finance the cost of the improvement, including maintenance and to pay the principal and interest on obligations issued pursuant to section 444.19. The tax shall be collected and paid over as other taxes, but shall be spread only upon the property described in the ordinance. The tax shall be disbursed by the governing body only for the benefit of district as established by the ordinance.
442A.21 GENERAL AND MUNICIPALITY POWERS.
A district may do and perform all other acts and things necessary or proper for the effectuation of its powers and the accomplishment of its purposes. Without limiting the effect of the foregoing provision or any other provision of this chapter, a district, with respect to each and all of said powers and purposes, shall have like powers as are vested in municipalities with respect to any similar purposes. The exercise of such powers by a district and all matters pertaining thereto are governed by the law relating to the exercise of similar powers by municipalities and matters pertaining thereto, so far as applicable, with like force and effect, except as otherwise provided.
444.21 DISSOLUTION OF DISTRICT.
Upon the retirement of all obligations issued to finance improvements within the district, the district may be dissolved by following the procedures for establishment of the district set forth in section 444.17.
450.23 GIFTS OR DEVISES; ACCEPTANCE.
The board of park commissioners or other governing body having control of parks, parkways and playgrounds, of any city of the first class is authorized to receive and accept, in the name of the city, any gift or devise of land or buildings to be used for a public park, welfare or recreational center, museum, gallery, or school of arts or crafts, or for the construction, equipment, improvement, maintenance, or use thereof or for any one or more of such purposes, with the right reserved by the donor or devisor to the free and exclusive occupancy, management, control, and use of the building by any incorporated society of this state organized for the general purposes of fostering and promoting educational, welfare, recreational, artistic, and scientific interests, or some one or more of them, and not for any purpose of pecuniary gain or profit to any of its members, and upon such other conditions, but subject to such regulations and restrictions, as shall be approved by the board of park commissioners or other governing body having control of parks, parkways and playgrounds.
The board or other governing body may likewise accept gifts and bequests of money and other personal property to be used for any of these purposes.
452.11 SUBMISSION TO VOTERS.
No city of the first class shall acquire or construct any public utility under the terms of sections 452.08 to 452.13 unless the proposition to acquire or construct same has first been submitted to the qualified electors of the city at a general city election or at a special election called for that purpose, and been approved by a majority vote of all electors voting upon the proposition.
The question of issuing public utility certificates as provided in section 452.09 may, at the option of the council, be submitted at the same election as the question of the acquisition or construction of the public utility.
452.12 SUBMISSION; ELECTION.
In all cases provided in sections 452.08 to 452.13 for the submission of questions or propositions to popular vote the council shall pass an ordinance stating the substance of the proposition or question to be voted upon and designating the election at which the question or proposition is to be submitted, which may be at any general or city election or special election called for that purpose; provided, that the election shall not be held sooner than 30 days from and after the passage of the ordinance.
Notice of special election which shall be held in any city of the first class under sections 452.08 to 452.13 and all proceedings respecting the same shall conform as nearly as may be to the law governing other special elections therein.
All ballots, as to any proposition or question submitted pursuant to the terms of sections 452.08 to 452.13 shall be delivered to the election judges, shall be deposited in a separate box and shall be counted, canvassed, and returned, as is provided by law in case of other ballots, and the tally sheets and return blanks shall contain suitable columns and spaces therefor.
No defect or omission in the calling, giving notice, or holding of any election under sections 452.08 to 452.13 shall in any manner affect the validity of the election unless it shall affirmatively appear that the defect or omission changed the result of the election.
442A.22 ADVISORY COMMITTEE.
A district board of managers may appoint an advisory committee with membership and duties as the board prescribes.
450.24 EXPENDITURES.
The board of park commissioners, out of any moneys received under the provisions of sections 450.23 to 450.25, or from any gift or bequest applicable thereto, shall care for and maintain, as a public park, any land or grounds so acquired and used and shall maintain and keep in repair, alter, enlarge, improve and equip, heat, light, and care for any and all these buildings, maintain proper insurance thereon, and make suitable provision for the custody of, and for keeping, preserving, and exhibiting, any and all collections, objects, and specimens contained therein. In case of the destruction or damage of any such building from any cause, the proceeds of any insurance thereon, together with any funds available therefor received under the provisions of sections 450.23 to 450.25, shall be used for the restoration of the building. The board shall have power to make any contracts or arrangements, in the name of the city, necessary or convenient to promote the general purposes of sections 450.23 to 450.25, and shall have power to make rules and regulations for the use and government of the lands and buildings and, for that purpose, may adopt rules and ordinances, and provide penalties for their violation.
444.25 WATER AVAILABILITY; STANDBY CHARGES.
For the purpose of this section the following terms have the meanings given them.
(a) "Water availability or standby charge" means an additional charge or fee imposed by a water utility on the owners of structures because the structures are equipped with fire protection systems such as stand pipes, hydrants, or automatic fire protection sprinkler systems.
(b) "Water utility" means the owner or operator of a public or private waterworks, whether authorized under chapter 110A for a rural water user district, section 368.01 for a town, section 412.321 for a statutory city, this chapter for a city generally, chapter 456 for a city of the first class, chapter 471A when the waterworks has been transferred to private ownership or operation, or other law relating to authorization of waterworks.
No water utility may impose a water availability or standby fee or charge on an owner of a structure containing a fire protection system that is in addition to the fee or charge for water actually used and beyond the actual cost to the utility of providing installation, inspection, and maintenance for the system. Nothing in this section prohibits a water utility from recovering the cost of supplying water to an area when the cost is spread proportionately among all the structures in the benefited area.
An owner of a structure containing a fire protection system may appeal to the water utility any amount charged that is in violation of this section.
453A.01 INTENT.
Sections 453A.01 to 453A.12 are intended to provide a means for those Minnesota cities which now or hereafter own and operate a utility pursuant to law for the local distribution of gas to secure, by individual action or joint action among themselves or by contract with other public or private entities within or outside the state, an adequate, economical, and reliable supply of gas. To accomplish this purpose it is necessary for such cities to have power, by agreement between or among two or more of their number, to create a separate municipal corporation with the power and authority to finance, acquire, operate and dispose of, either as owner or agent, projects, located within or outside the state, for the production, exploration, transmission or storage of gas resources and to enter into contracts relating to the acquisition, operation, disposal or leasing of related projects or sale of related services. It is not the purpose of sections 453A.01 to 453A.12 to authorize said municipal corporation to engage in the distribution of gas to the end users. It is determined that an adequate, economical, and reliable supply of gas is essential to the orderly growth and prosperity of these communities, and a supply of such gas is necessary for the safety, health, morale and welfare of residents of the state and to the sound growth and development of its communities. The formation of municipal gas agencies will provide a means for Minnesota cities to provide an adequate, economic and reliable supply of gas by, among other things, achieving economies of size, limiting environmental impacts, and providing for peak and supplemental loads. Accordingly it is determined that the exercise of the powers granted herein will benefit the people of the state and serve a valid public purpose in improving and otherwise promoting their health, welfare, and prosperity.
452.13 TERM OF GRANT OR LEASE.
Nothing in sections 452.08 to 452.13 contained shall be construed to authorize any city of the first class to make any grants or to lease any public utility for a period exceeding 20 years from the making of the grant or lease; provided, that when a right to maintain and operate a public utility for a period not exceeding 20 years is contained in a mortgage or deed of trust to secure any of the certificates (and no such right shall be implied), the period shall commence as provided in section 452.09.
442A.23 BOARD POWERS.
The board of managers of every district shall have charge and control of all the funds, property, and affairs of the district. With respect thereto, the board has the same powers and duties as are provided by law for a municipality with respect to similar municipal matters, except as otherwise provided. Except as otherwise provided, the chair, vice-chair, secretary, and treasurer of the district have the same powers and duties, respectively, as the mayor, acting mayor, clerk, and treasurer of a municipality. Except as otherwise provided, the exercise of the powers and the performance of the duties of the board and officers of the district and all other activities, transactions, and procedures of the district or any of its officers, agents, or employees, respectively, are governed by the law relating to similar matters in a municipality, so far as applicable, with like force and effect.
The board may enact ordinances, prescribe regulations, adopt resolutions, and take other appropriate action relating to any matter within the powers and purposes of the district and may do and perform all other acts and things necessary or proper for the effectuation of said powers and the accomplishment of said purposes. The board may provide that violation of a district ordinance is a penal offense and may prescribe penalties for violations, not exceeding those prescribed by law for violation of municipal ordinances.
(a) Violations of district ordinances may be prosecuted before any court having jurisdiction of misdemeanors. Any peace officer may make arrests for violations committed anywhere within the district in the same manner as for violations of city ordinances or for statutory misdemeanors.
(b) All fines collected shall be deposited in the treasury of the district.
455.01 SECOND, THIRD CLASS CHARTER CITY MAY BUILD, BUY LIGHT PLANT.
Each home rule charter city of the second or third class, by an affirmative vote of two-thirds of all the members of its council, may construct, or purchase an electric light plant to be operated by the city for municipal purposes and for the use and benefit of the inhabitants of the city.
457A.01 DEFINITIONS.
For purposes of sections 457A.01 to 457A.06, the following terms have the meanings given them.
"Commercial navigation facility" means (1) terminals and docks used for the transfer of property or passengers between commercial vessels and land, and supporting equipment, structures, and transportation facilities, (2) disposal facilities for dredging material produced by port development projects, and (3) buildings and related structures and facilities used by commercial vessels under construction or repair. "Commercial navigation facility" does not include any commercial navigation facility that is (1) not on the commercial navigation system, or (2) the responsibility of the United States Corps of Army Engineers or the United States Coast Guard.
"Commercial vessel" means a vessel used for the transportation of passengers or property. "Commercial vessel" does not include a vessel used primarily for recreational or sporting purposes.
"Commissioner" means the commissioner of transportation.
"Dredging" means excavating harbor sediment or bottom materials, including mobilizing or operating equipment for excavating and transporting dredged material and placing dredged material in a disposal facility.
"Navigation system" means (1) the commercially navigable waters of the Mississippi River, the Minnesota, and the St. Croix Rivers, (2) the commercial harbors on Minnesota's Lake Superior shoreline, and (3) the commercial navigation facilities on those waterways.
[Repealed, 1995 c 265 art 2 s 33]
450.25 MUSEUM, GALLERY, OR SCHOOL OF ARTS OR CRAFTS; TAX LEVY.
After the acquisition of any museum, gallery, or school of arts or crafts, the board of park commissioners of the city in which it is located shall cause to be included in the annual tax levy upon all the taxable property of the county in which the museum, gallery, or school of arts or crafts is located, a tax of 0.00846 percent of estimated market value. The board shall certify the levy to the county auditor and it shall be added to, and collected with and as part of, the general, real, and personal property taxes, with like penalties and interest, in case of nonpayment and default, and all provisions of law in respect to the levy, collection, and enforcement of other taxes shall, so far as applicable, be followed in respect of these taxes. All of these taxes, penalties, and interest, when collected, shall be paid to the city treasurer of the city in which is located the museum, gallery, or school of arts or crafts and credited to a fund to be known as the park museum fund, and shall be used only for the purposes specified in sections 450.23 to 450.25. Any part of the proceeds of the levy not expended for the purposes specified in section 450.24 may be used for the erection of new buildings for the same purposes.
457A.02 PROGRAM ESTABLISHED.
A port development assistance program is established for the purpose of:
(1) expediting the movement of commodities and passengers on the commercial navigation system;
(2) enhancing the commercial vessel construction and repair industry in Minnesota; and
(3) promoting economic development in and around ports and harbors in the state.
The commissioner shall administer the port development assistance program to advance the purposes of subdivision 1. In administering the program, the commissioner may:
(1) make grants and loans to applicants eligible under section 457A.03, subdivision 1, to apply for them;
(2) make assistance agreements with recipients of grants and loans; and
(3) adopt rules authorized by section 457A.05.
444.26 TOWNS; POWERS; EMINENT DOMAIN.
For the purpose of designing, planning, improving, and constructing a wastewater treatment system under section 446A.072, a town has all the powers given it under section 115.50.
Any town may exercise the power of eminent domain to acquire private property within or without the limits of the town for the purpose of carrying out the authority provided in this chapter, including obtaining the right-of-way for sewerage or drainage purposes and an outlet for sewerage or drainage within or without the town limits. Chapter 117 applies to the exercise of eminent domain under this section.
442A.24 TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES.
The board may levy taxes for any district purpose on all property taxable within the district.
In the case where a particular area within the district, but not the entire district, is benefited by a system, works, or facilities of the district, the board, after holding a public hearing as provided by law for levying assessments on benefited property, shall by ordinance establish such area as a taxing subdistrict, to be designated by number, and shall levy special taxes on all the taxable property therein, to be accounted for separately and used only for the purpose of paying the cost of construction, improvement, acquisition, maintenance, or operation of such system, works, or facilities, or paying the principal and interest on bonds issued to provide funds therefor and expenses incident thereto. The hearing may be held jointly with a hearing for the purpose of levying assessments on benefited property within the proposed taxing subdistrict.
The board shall levy assessments on benefited property to provide funds for payment of the cost of construction, improvement, or acquisition of any system, works, or facilities designed or used for any district purpose or for payment of the principal of and interest on any bonds issued therefor and expenses incident thereto.
The board shall prescribe service, use, or rental charges for persons or premises connecting with or making use of any system, works, or facilities of the district; prescribe the method of payment and collection of the charges; and provide for the collection thereof for the district by any related governmental subdivision or other public agency on such terms as may be agreed upon with the governing body or other authority thereof.
458.02 POWER TO GET LAND FOR TRANSPORT FACILITIES; USE.
A city with a population from 4,000 to 50,000 may acquire land on a navigable stream in the city by purchase or condemnation, and may hold it.
The city may set aside when acquired, as much of the land as public needs require for public travel. The remainder must be used as required by the federal government or for docks, quays, levees, wharves, landing places, railroad and other land transportation loading and unloading places, land and water freight and passenger stations, terminals and terminal buildings for carriers, and necessary equipment and appurtenances.
450.31 CITIES FIRST CLASS, RECREATIONAL FACILITIES.
Every city of the first class, including cities of the first class operating under a home rule charter, may acquire and develop land or lands for public playgrounds and recreational facilities and may pay the cost thereof by levy of an assessment or assessments therefor against the properties deemed benefited by such public playground and recreational facilities in accordance with and pursuant to the procedure set forth in chapter 430, Minnesota Statutes 1953, or in accordance with and pursuant to the provisions of the home rule charter of any city operating under a home rule charter governing local improvements and assessment therefor.
457A.03 PORT ASSISTANCE.
Any person, political subdivision, or port authority, that owns a commercial navigation facility, may apply to the commissioner for assistance under this chapter.
The commissioner may make loans to an eligible applicant if the commissioner determines that the project submitted by the applicant for assistance will serve either or both of the purposes stated in section 457A.02, subdivision 1, clauses (1) and (2). The commissioner may make grants, or a combination of grants and loans, to an eligible applicant if the commissioner determines that the project submitted by the applicant for assistance will serve either or both of the purposes stated in section 457A.02, subdivision 1, clauses (1) and (2), and will also enhance economic development in and around the commercial navigation facility being assisted.
The commissioner may not provide any assistance under this chapter for more than 80 percent of the nonfederal share of any project. Assistance provided under this chapter may not be used to match any other state funds. The commissioner shall not assume continuing funding responsibility for any commercial navigation facility project.
442A.25 BORROWING POWERS; BONDS.
The board may authorize the borrowing of money for any district purpose and provide for the repayment thereof, subject to chapter 475. The taxes initially levied by any district according to section 475.61 for the payment of district bonds, upon property within each municipality included in the district, shall be included in computing the levy of the municipality.
The board may authorize the issuance of bonds or obligations of the district to provide funds for the construction, improvement, or acquisition of any system, works, or facilities for any district purpose or for refunding any prior bonds or obligations issued for any such purpose and may pledge the full faith and credit of the district; the proceeds of tax levies or assessments; service, use, or rental charges; or any combination thereof to the payment of such bonds or obligations and interest thereon or expenses incident thereto. An election or vote of the people of the district is required to authorize the issuance of any bonds or obligations. Except as otherwise provided in this chapter, the forms and procedures for issuing and selling bonds and provisions for payment thereof must comply with chapter 475.
446A.13 TENDER OPTION.
An obligation may be issued giving its owner the right to tender or the authority to demand tender of the obligation to the authority or another person designated by it, for purchase at a specified time or times, if the authority has first entered into an agreement with a suitable financial institution obligating the financial institution to provide funds on a timely basis for purchase of bonds tendered. The obligation is not considered to mature on any tender date and the purchase of a tendered obligation is not considered a payment or discharge of the obligation by the authority. Obligations tendered for purchase may be remarketed by or on behalf of the authority or another purchaser. The authority may enter into agreements it considers appropriate to provide for the purchase and remarketing of tendered obligations, including:
(1) provisions under which undelivered obligations may be considered tendered for purchase and new obligations may be substituted for them;
(2) provisions for the payment of charges of tender agents, remarketing agents, and financial institutions extending lines of credit or letters of credit assuring repurchase; and
(3) provisions for reimbursement of advances under letters of credit that may be paid from the proceeds of the obligations or from tax and other revenues appropriated for the payment and security of the obligations and similar or related provisions.
458.03 POWER TO BUILD FACILITIES, CHARGE FEES FOR USE.
A city described in section 458.02 may construct, erect, and maintain on land acquired under that section, docks, quays, levees, wharves, landing places, railroad and other transportation loading and unloading places, water freight and passenger stations, terminals and terminal buildings for carriers, and necessary equipment and appurtenances.
The city council may set reasonable fees for the use of the facilities and necessary equipment and appurtenances described in section 458.02.
450.32 APPLICATION.
The provisions of section 450.31 shall apply, take precedence over and supersede any provision of the home rule charter of any city of the first class restricting, qualifying, limiting or prohibiting payment of the cost of acquisition and development of land or lands for public playgrounds by levy of assessment or assessments therefor against properties deemed benefited by such public playground.
443.26 RATES FOR RUBBISH DISPOSAL, CITIES FIRST CLASS.
Any city of the first class in the state of Minnesota, in addition to the powers conferred upon it by its charter or any law of this state, is hereby authorized to establish rates for the removal, collection, and disposal from public or private property of rubbish, and to collect the same in the manner set forth in sections 443.26 to 443.35.
442A.26 FUNDS; DISTRICT TREASURY.
The proceeds of all tax levies, assessments, service, use, or rental charges, and other income of the district must be deposited in the district treasury and must be held and disposed of as the board may direct for district purposes, subject to any pledges or dedications made by the board for the use of particular funds for the payment of bonds, interest thereon, or expenses incident thereto or for other specific purposes.
442A.27 EFFECT OF DISTRICT ORDINANCES AND FACILITIES.
In any case where an ordinance is enacted or a regulation adopted by a district board relating to the same subject matter and applicable in the same area as an existing ordinance or regulation of a related governmental subdivision for the district, the district ordinance or regulation, to the extent of its application, supersedes the ordinance or regulation of the related governmental subdivision. In any case where an area within a district is served for any district purpose by a system, works, or facilities of the district, no system, works, or facilities shall be constructed, maintained, or operated for the same purpose in the same area by any related governmental subdivision or other public agency except as approved by the district board.
457A.06 REVOLVING FUND.
A port development revolving fund is established in the state treasury. The fund consists of all money appropriated to the commissioner for the purposes of this chapter and all money received by the commissioner from repayment of loans made under this chapter.