reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.09 — Annexation By Order Of Pollution Control Agency.

442A.09 ANNEXATION BY ORDER OF POLLUTION CONTROL AGENCY.
Subdivision 1.
Annexation by ordinance alternative.
If a determination or order by the Minnesota Pollution Control Agency under section 115.49 or other similar statute is made that cooperation by contract is necessary and feasible between a sanitary district and an unincorporated area located outside the existing corporate limits of the sanitary district, the sanitary district required to provide or extend through a contract a governmental service to an unincorporated area, during the statutory 90-day period provided in section 115.49 to formulate a contract, may, in the alternative to formulating a service contract to provide or extend the service, declare the unincorporated area described in the Minnesota Pollution Control Agency's determination letter or order annexed to the sanitary district by adopting an ordinance and submitting it to the chief administrative law judge.
Subd. 2.
Chief administrative law judge's role.
The chief administrative law judge may review and comment on the ordinance but shall approve the ordinance within 30 days of receipt. The ordinance is final and the annexation is effective on the date the chief administrative law judge approves the ordinance.
History:
2013 c 114 art 5 s 11
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.10 — Petitioners To Pay Expenses.

442A.10 PETITIONERS TO PAY EXPENSES.
Expenses of the preparation and submission of petitions in the proceedings under sections 442A.04 to 442A.09 shall be paid by the petitioners. Notwithstanding section 16A.1283, the Office of Administrative Hearings may adopt rules according to section 14.386 to establish fees necessary to support the preparation and submission of petitions in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of Administrative Hearings shall be deposited in the environmental fund.
History:
2013 c 114 art 5 s 12
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.11 — Time Limits For Orders; Appeals.

442A.11 TIME LIMITS FOR ORDERS; APPEALS.
Subdivision 1.
Orders; time limit.
All orders in proceedings under this chapter shall be issued within one year from the date of the first hearing thereon, provided that the time may be extended for a fixed additional period upon consent of all parties of record. Failure to so order shall be deemed to be an order denying the matter. An appeal may be taken from such failure to so order in the same manner as an appeal from an order as provided in subdivision 2.
Subd. 2.
Grounds for appeal.
(a) Any person aggrieved by an order issued under this chapter may appeal to the district court upon the following grounds:
(1) the order was issued without jurisdiction to act;
(2) the order exceeded the jurisdiction of the presiding administrative law judge;
(3) the order was arbitrary, fraudulent, capricious, or oppressive or in unreasonable disregard of the best interests of the territory affected; or
(4) the order was based upon an erroneous theory of law.
(b) The appeal must be taken in the district court in the county in which the majority of the area affected is located. The appeal does not stay the effect of the order. All notices and other documents must be served on both the chief administrative law judge and the attorney general's assistant assigned to the chief administrative law judge for purposes of this chapter.
(c) If the court determines that the action involved is unlawful or unreasonable or is not warranted by the evidence in case an issue of fact is involved, the court may vacate or suspend the action involved, in whole or in part, as the case requires. The matter shall then be remanded for further action in conformity with the decision of the court.
(d) To render a review of an order effectual, the aggrieved person shall file with the court administrator of the district court of the county in which the majority of the area is located, within 30 days of the order, an application for review together with the grounds upon which the review is sought.
(e) An appeal lies from the district court as in other civil cases.
History:
2013 c 114 art 5 s 13
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.12 — Chief Administrative Law Judge May Appeal From District Court.

442A.12 CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL FROM DISTRICT COURT.
An appeal may be taken under the Rules of Civil Appellate Procedure by the chief administrative law judge from a final order or judgment made or rendered by the district court when the chief administrative law judge determines that the final order or judgment adversely affects the public interest.
History:
2013 c 114 art 5 s 14
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.13 — Uniform Procedures.

442A.13 UNIFORM PROCEDURES.
Subdivision 1.
Hearings.
(a) Proceedings initiated by the submission of an initiating document or by the chief administrative law judge shall be scheduled for hearing within 30 to 60 days from receipt of the document by the chief administrative law judge or from the date of the chief administrative law judge's action, and the person conducting the hearing must submit an order no later than one year from the date of the first hearing.
(b) The place of the hearing shall be in the county where a majority of the affected territory is situated, and shall be established for the convenience of the parties.
(c) The chief administrative law judge shall mail notice of the hearing to the following parties: the sanitary district; any township or municipality presently governing the affected territory; any township or municipality abutting the affected territory; the county where the affected territory is situated; and each planning agency that has jurisdiction over the affected area.
(d) The chief administrative law judge shall see that notice of the hearing is published for two successive weeks in a legal newspaper of general circulation in the affected area.
(e) When the chief administrative law judge exercises authority to change the boundaries of the affected area so as to increase the quantity of land, the hearing shall be recessed and reconvened upon two weeks' published notice in a legal newspaper of general circulation in the affected area.
Subd. 2.
Transmittal of order.
The chief administrative law judge shall see that copies of the order are mailed to all parties entitled to mailed notice of hearing under subdivision 1, individual property owners if initiated in that manner, and any other party of record.
History:
2013 c 114 art 5 s 15; 2016 c 95 s 18
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.15 — Board Organization And Procedures.

442A.15 BOARD ORGANIZATION AND PROCEDURES.
Subdivision 1.
Initial, annual meetings.
As soon as practicable after the election of the first board members of a district, the board shall meet at the call of the temporary chair to elect officers and take other appropriate action for organization and administration of the district. Each board shall hold a regular annual meeting at the call of the chair or otherwise as the board prescribes on or as soon as practicable after the first business day in January of each year and such other regular and special meetings as the board prescribes.
Subd. 2.
Officers.
The officers of each district shall be a chair and a vice-chair, who shall be members of the board, and a secretary and a treasurer, who may but need not be members of the board. The board of a new district at its initial meeting or as soon thereafter as practicable shall elect the officers to serve until the first business day in January next following. Thereafter, the board shall elect the officers at each regular annual meeting for terms expiring on the first business day in January next following. Each officer serves until a successor is elected and has qualified.
Subd. 3.
Meeting place; offices.
The board at its initial meeting or as soon thereafter as practicable shall provide for suitable places for board meetings and for offices of the district officers and may change the same thereafter as the board deems advisable. The meeting place and offices may be the same as those of any related governing body, with the approval of the body. The secretary of the board shall notify the secretary of state, the county auditor of each county wherein any part of the district is situated, and the clerk or recorder of each related governing body of the locations and post office addresses of the meeting place and offices and any changes therein.
Subd. 4.
Budget.
At any time before the proceeds of the first tax levy in a district become available, the district board may prepare a budget comprising an estimate of the expenses of organizing and administering the district until the proceeds are available, with a proposal for apportionment of the estimated amount among the related governmental subdivisions, and may request the governing bodies thereof to advance funds according to the proposal. The governing bodies may authorize advancement of the requested amounts, or such part thereof as they respectively deem proper, from any funds available in their respective treasuries. The board shall include in its first tax levy after receipt of any such advancements a sufficient sum to cover the same and shall cause the same to be repaid, without interest, from the proceeds of taxes as soon as received.
History:
2013 c 114 art 5 s 17
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.16 — District Status And Powers.

442A.16 DISTRICT STATUS AND POWERS.
Subdivision 1.
Status.
Every district shall be a public corporation and a governmental subdivision of the state and shall be deemed to be a municipality or municipal corporation for the purpose of obtaining federal or state grants or loans or otherwise complying with any provision of federal or state law or for any other purpose relating to the powers and purposes of the district for which such status is now or hereafter required by law.
Subd. 2.
Powers and purpose.
Every district shall have the powers and purposes prescribed by this chapter and such others as may now or hereafter be prescribed by law. No express grant of power or enumeration of powers herein shall be deemed to limit the generality or scope of any grant of power.
Subd. 3.
Scope of powers and duties.
Except as otherwise provided, a power or duty vested in or imposed upon a district or any of its officers, agents, or employees shall not be deemed exclusive and shall not supersede or abridge any power or duty vested in or imposed upon any other agency of the state or any governmental subdivision thereof, but shall be supplementary thereto.
Subd. 4.
Exercise of power.
All the powers of a district shall be exercised by its board of managers except so far as approval of any action by popular vote or by any other authority may be expressly required by law.
Subd. 5.
Lawsuits; contracts.
A district may sue and be sued and may enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.
Subd. 6.
Property acquisition.
A district may acquire by purchase, gift, or condemnation or may lease or rent any real or personal property within or without the district that may be necessary for the exercise of district powers or the accomplishment of district purposes, may hold the property for such purposes, and may lease, rent out, sell, or otherwise dispose of any property not needed for such purposes.
Subd. 7.
Acceptance of money or property.
A district may accept gifts, grants, or loans of money or other property from the United States, the state, or any person, corporation, or other entity for district purposes; may enter into any agreement required in connection therewith; and may hold, use, and dispose of the money or property according to the terms of the gift, grant, loan, or agreement relating thereto.
History:
2013 c 114 art 5 s 18
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.17 — Specific Purposes And Powers.

442A.17 SPECIFIC PURPOSES AND POWERS.
Subdivision 1.
Pollution prevention.
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.
Subd. 2.
Sewage disposal.
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.
Subd. 3.
Garbage, refuse disposal.
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.
Subd. 4.
Water supply.
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.
Subd. 5.
Roads.
(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.
History:
2013 c 114 art 5 s 19
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.18 — District Projects And Facilities.

442A.18 DISTRICT PROJECTS AND FACILITIES.
Subdivision 1.
Public property.
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.
Subd. 2.
Use of other systems.
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.
Subd. 3.
Use by other governmental bodies.
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.
Subd. 4.
Joint projects.
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.
History:
2013 c 114 art 5 s 20
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.19 — Control Of Sanitary Facilities.

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.
History:
2013 c 114 art 5 s 21
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.20 — District Programs, Surveys, And Studies.

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.
History:
2013 c 114 art 5 s 22
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.21 — General And Municipality Powers.

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.
History:
2013 c 114 art 5 s 23
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.23 — Board Powers.

442A.23 BOARD POWERS.
Subdivision 1.
Generally.
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.
Subd. 2.
Regulation of district.
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.
Subd. 3.
Arrest; prosecution.
(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.
History:
2013 c 114 art 5 s 25
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.24 — Tax Levies, Assessments, And Service Charges.

442A.24 TAX LEVIES, ASSESSMENTS, AND SERVICE CHARGES.
Subdivision 1.
Tax levies.
The board may levy taxes for any district purpose on all property taxable within the district.
Subd. 2.
Particular area.
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.
Subd. 3.
Benefited property.
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.
Subd. 4.
Service charges.
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.
History:
2013 c 114 art 5 s 26
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.25 — Borrowing Powers; Bonds.

442A.25 BORROWING POWERS; BONDS.
Subdivision 1.
Borrowing power.
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.
Subd. 2.
Bond issuance.
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.
History:
2013 c 114 art 5 s 27
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.26 — Funds; District Treasury.

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.
History:
2013 c 114 art 5 s 28
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.27 — Effect Of District Ordinances And Facilities.

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.
History:
2013 c 114 art 5 s 29
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 442A — Sanitary Districts › Section 442A.28 — Application.

442A.28 APPLICATION.
This chapter does not abridge or supersede any authority of the Minnesota Pollution Control Agency or the commissioner of health, but is subject and supplementary thereto. Districts and members of district boards are subject to the authority of the Minnesota Pollution Control Agency and have no power or authority to abate or control pollution that is permitted by and in accord with any classification of waters, standards of water quality, or permit established, fixed, or issued by the Minnesota Pollution Control Agency.
History:
2013 c 114 art 5 s 30
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.015 — Assessment To Dispose Of Garbage Or Refuse In Certain Cities.

443.015 ASSESSMENT TO DISPOSE OF GARBAGE OR REFUSE IN CERTAIN CITIES.
The council of any statutory city or city of the fourth class which shall provide by contract or otherwise for regular collection and disposal of garbage or refuse from dwellings and places of business in the statutory city or city of the fourth class may by ordinance obligate the owners of all property served to pay the proportionate cost of such service to their respective properties, and in default of payment such city council may annually levy an assessment equal to such unpaid cost as of September first of each year, against each lot or parcel of land so served for which the service charge is unpaid. Such assessment may include a penalty not to exceed ten percent of the amount thereof and shall bear interest at such amount not exceeding six percent per annum as the council shall determine. Such assessment shall be certified to the auditor of the county in which the land assessed is situated and shall be collected and remitted to the city treasurer in the same manner as assessments for local improvements.
History:
1943 c 223 s 1; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.18 — May Have Garbage Plant In First Class City.

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.
History:
(1601) 1905 c 121 s 1
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.19 — Limit Of Indebtedness; Tax Estimates.

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.
History:
(1602) 1905 c 121 s 2
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.26 — Rates For Rubbish Disposal, Cities First Class.

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.
History:
1945 c 185 s 1
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.27 — Definitions.

443.27 DEFINITIONS.
For the purpose of sections 443.26 to 443.35, the word "rubbish" is defined as any one or all of the following substances: offal, garbage, ashes, barnyard litter, manure, rubbish, barnyard cleanings, dead animals, or any other foul or unhealthy stuff or material. For the purposes of such sections all of said substances are hereinafter referred to as "rubbish".
The words "rubbish disposal" mean the removal, collection, and disposal of "rubbish" from public or private property within any such city.
Wherever the words "city council" are used in sections 443.26 to 443.35, they mean the chief governing body of any such city.
Where the word "facilities" is used in sections 443.26 to 443.35, it means all mechanical apparatus, shop or office equipment, and public or private grounds purchased, leased, or otherwise permanently or temporarily acquired, for the disposal of rubbish, including tax-forfeited lands which may be acquired and used for rubbish disposal, if the board of county commissioners in the county wherein any such city is located shall consider and determine that it is in the best interest of the state that such tax-forfeited lands will be enhanced in value by such use. Any such board of county commissioners may add to the appraised value of any such lands the benefit they determine has accrued to such lands by reason of the use thereof for such purpose.
History:
1945 c 185 s 2
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.28 — Powers Of Council.

443.28 POWERS OF COUNCIL.
The council of any such city is authorized to employ present facilities, and to provide additional facilities, for rubbish disposal. Rates for such rubbish disposal, together with regulations incident thereto, shall be established by ordinance. Such rates shall be as nearly as possible just and reasonable, taking into account the character, kind, and quality of service, of rubbish and method of disposition, the number of people served at each place of collection, and all other factors that enter into cost of service, including interest on principal, investments, amortization of principal, depreciation, and other overhead charges upon facilities now owned and operated by any such city, or hereafter acquired for such use. Said rates when fixed may be billed in such manner as the city council may determine, or added to and collected with water bills and bills for sewage disposal rendered to owners, lessees or occupants of property, or as herein otherwise provided.
History:
1945 c 185 s 3
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.29 — Rates Charged Against Premises.

443.29 RATES CHARGED AGAINST PREMISES.
The rates for rubbish disposal shall be a charge against the premises from which rubbish is collected, and the owner, lessee, or occupant of the premises, or against any or all of them, and any claim for unpaid rates charged or rentals which have been properly billed to the occupant of the premises may be collected in a civil action in any court of competent jurisdiction, or, in the discretion of the city council of the city, may be certified to the county auditor with the taxes against such property served, and shall be collected as other taxes are collected. Payment of delinquent rentals shall be credited to the fund as are current funds for that purpose.
History:
1945 c 185 s 4
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.30 — Publication Of Ordinance.

443.30 PUBLICATION OF ORDINANCE.
The ordinance establishing rates for rubbish disposal shall be published in the official newspaper of the city, and shall set forth the rates for each type of service, and shall contain a notice to all persons or parties interested that the same will be considered at a public hearing not less than 30 days from the publication of said ordinance, upon which date a public hearing shall be conducted at which any person affected by any rate shall be given an opportunity to be heard as to the rate which the person will be called upon to pay. Said ordinance and the rates established therein shall take effect at the conclusion of said hearing, or at such other date as shall be fixed by such ordinance.
History:
1945 c 185 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.31 — Regulations.

443.31 REGULATIONS.
The governing body in providing for rubbish disposal may by the ordinance, or any amendment thereto, provide in what districts or along which streets collection shall be made, and volume of rubbish to be collected, leaving certain amounts or types of rubbish to private disposal, but shall continue to have the authority to regulate the time and manner of private disposal, varied according to the nature of the rubbish accumulated and disposed of. Such regulation may provide for immediate abatement of any condition which is a menace to public health and safety. In such cases notice may be given to the owner or occupant of premises for the summary disposal of rubbish or unhealthy or unsafe condition by posting upon the premises notice of what is required. If the notice be not obeyed within the time fixed in said notice, the city shall have the right to remove such rubbish or such unhealthy or unsafe condition, charging such rates as are prescribed, or the cost thereof, and shall have the right to collect the same as rates and charges are herein authorized to be charged, made and collected. In lieu of such method, the city may, for adequate compensation, by contract with the owner of any premises, perform any service upon public or private property in the removal of rubbish, covering with proper filling material any foul, unhealthy or unsafe material, including low grounds, which are or may become foul, unhealthy or unsafe.
History:
1945 c 185 s 6
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.32 — Methods.

443.32 METHODS.
The city council shall have the authority to direct the method of handling and storage of rubbish on public or private premises, to require the owner, lessee, or occupant of the premises to place the same at the most convenient place upon the premises, and if convenience in the collection thereof requires containers on premises for the handling thereof, the city council may require the same.
History:
1945 c 185 s 7
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.33 — Rubbish Disposal Fund.

443.33 RUBBISH DISPOSAL FUND.
Rates charged and collected, including compensation for work under contract, shall be deposited in a fund separate and distinct from any and all other city funds, to be designated "Rubbish Disposal Fund", which shall be a continuing fund to which shall be credited all receipts, and to which shall be charged all costs, principal or current, incident to such activity. Moneys may be temporarily advanced to said fund from any available unencumbered and unappropriated balance in any other fund or funds, and as receipts permit, reimbursement of moneys advanced from other funds shall be made.
History:
1945 c 185 s 8
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.34 — Powers Additional.

443.34 POWERS ADDITIONAL.
The provisions of sections 443.26 to 443.35 shall be construed as an addition to existing charter or statutory powers of any city of the first class and not as an amendment to or repeal thereof, the purpose of these sections being to permit any city of the first class to engage in the activities hereinbefore authorized, to promote the public health, safety, welfare, convenience, and prosperity of the city. The activity herein authorized shall be considered a public utility and such activity may be merged and operated with any other city operated utility, if deemed necessary and economical. Accounting for the activity herein authorized shall be separate as hereinbefore directed.
History:
1945 c 185 s 9
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 443 — Rubbish Removal › Section 443.35 — Violations, Penalties.

443.35 VIOLATIONS, PENALTIES.
Any such city of the first class is hereby authorized by ordinance to impose penalties and provide for punishment for violation of any ordinance or regulation relative to the accumulation of rubbish, its collection or disposition.
History:
1945 c 185 s 10
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 444 — Waterworks; Storm, Sanitary Sewer Systems › Section 444.076 — Tax-forfeited Land Returned To Private Ownership; Charges.

444.076 TAX-FORFEITED LAND RETURNED TO PRIVATE OWNERSHIP; CHARGES.
When tax-forfeited land is returned to private ownership and the land is benefited by a public improvement for which special assessments were canceled because of the forfeiture, the municipality or other public authority that made the improvement may impose fees or charges for the use or availability of the improvement or for connections therewith in an amount not to exceed the amount remaining unpaid on the canceled assessment. The municipality may make the fees or charges a charge against the owner, lessee, occupant, or all of them and may certify unpaid fees or charges to the county auditor with taxes against the property for collection as other taxes are collected.
History:
1976 c 259 s 3
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 444 — Waterworks; Storm, Sanitary Sewer Systems › Section 444.16 — Definitions.

444.16 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 444.16 to 444.21 the terms in this section have the meanings given them.
Subd. 2.
Municipality.
"Municipality" means a home rule charter or statutory city or a town that is not in an orderly annexation process on October 3, 1989.
Subd. 3.
Governing body.
"Governing body" means the city council for a city and the town board for a town.
History:
1973 c 123 art 5 s 7; 1974 c 206 s 1; 1Sp1989 c 1 art 17 s 9
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 444 — Waterworks; Storm, Sanitary Sewer Systems › Section 444.17 — Establishment Of District.

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.
History:
1974 c 206 s 2; 1976 c 181 s 2; 1Sp1989 c 1 art 17 s 10; 2005 c 4 s 107
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 444 — Waterworks; Storm, Sanitary Sewer Systems › Section 444.18 — Authority; Tax For Cost; Procedures.

444.18 AUTHORITY; TAX FOR COST; PROCEDURES.
Subdivision 1.
Authority, tax.
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.
Subd. 2.
[Repealed, 1991 c 76 s 2]
Subd. 3.
Precontract procedures.
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.
History:
1974 c 206 s 3; 1Sp1989 c 1 art 17 s 11; 1991 c 76 s 1
2023 Minnesota Statutes › Chapters 440 - 446A — Municipal Public Works › Chapter 444 — Waterworks; Storm, Sanitary Sewer Systems › Section 444.19 — Bonds.

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.
History:
1974 c 206 s 4; 1Sp1989 c 1 art 17 s 12