reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 452 — Municipal Ownership Of Utilities › Section 452.11 — Submission To Voters.

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.
History:
(1488) 1913 c 310 s 5; 1987 c 384 art 2 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 452 — Municipal Ownership Of Utilities › Section 452.12 — Submission; Election.

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.
History:
(1489) 1913 c 310 s 6; 1987 c 384 art 2 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 452 — Municipal Ownership Of Utilities › Section 452.13 — Term Of Grant Or Lease.

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.
History:
(1490) 1913 c 310 s 7; 1987 c 384 art 2 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 452 — Municipal Ownership Of Utilities › Section 452.26 — Utility Joint Venture.

452.26 UTILITY JOINT VENTURE.
To provide reduced cost financing or to otherwise help in carrying out its functions, a municipal gas agency created under chapter 453A and any municipal utility authorized to provide gas facilities or services may enter into a joint venture that was incorporated before June 30, 2004, under section 452.25. The joint venture, and any municipal gas agency which is a member of the joint venture, may provide gas utility service.
History:
2005 c 152 art 1 s 13
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.51 — Intent.

453.51 INTENT.
Sections 453.51 to 453.62 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 electric energy to secure, by individual 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 energy. It is also the purpose of sections 453.51 to 453.62 to provide a means for Minnesota cities to construct and operate hydroelectric generating plants. To accomplish these purposes 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 and acquire facilities for the generation or transmission of electric energy, or interests in such facilities or rights to part of all of the capacity thereof. It is determined that an adequate, economical, and reliable supply of electric energy is essential to the orderly growth and prosperity of these communities, and a shortage of such energy is inimical to the safety, health, morale, and welfare of residents of the state and to the sound growth and developments of its communities. Such a shortage exists and is expected to continue or increase because of the difficulty, among others, in the operation of municipal generating plants, of achieving economies of size, limiting environmental impacts, and providing for peak 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.
History:
1976 c 313 s 1; 1Sp1985 c 10 s 91
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.56 — Eminent Domain.

453.56 EMINENT DOMAIN.
Except as otherwise provided by this section, a municipal power agency may acquire all real or personal property that it deems necessary for carrying out the purposes of sections 453.51 to 453.62, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 117. A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power. The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it.
History:
1976 c 313 s 6
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.57 — Rules And Rates.

453.57 RULES AND RATES.
A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be at least sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more sinking funds for the retirement of principal. A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of any moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owing by it under any contract.
History:
1976 c 313 s 7
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.59 — Construction Contracts.

453.59 CONSTRUCTION CONTRACTS.
A city or municipal power agency may contract for the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of its corporate limits or those of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of sections 453.51 to 453.62. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a payment bond is secured as provided in section 574.26, it shall be enforceable as provided in sections 574.28 to 574.31, and no lien may be filed under chapter 514 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby.
History:
1976 c 313 s 9
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.60 — Authorized Investments; Security For Public Deposits.

453.60 AUTHORIZED INVESTMENTS; SECURITY FOR PUBLIC DEPOSITS.
Notwithstanding any other law to the contrary, the state of Minnesota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, savings associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to sections 453.51 to 453.62, and the bonds or notes shall be authorized security for any and all public deposits.
History:
1976 c 313 s 10; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.61 — Employees, Definition.

453.61 EMPLOYEES, DEFINITION.
Employees of a municipal power agency shall be "public employees" within the meaning of section 353.01, and the provisions of chapter 353 shall apply to employees of a municipal power agency.
History:
1976 c 313 s 11
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453 — Municipal Electric Power › Section 453.62 — Construction.

453.62 CONSTRUCTION.
Subdivision 1.
Liberally, broadly.
Sections 453.51 to 453.62 shall be construed liberally to effectuate its legislative intent and purpose, as complete and independent authority for the performance of each and every act and thing authorized by sections 453.51 to 453.62, and all authority granted shall be broadly interpreted to effectuate this intent and purpose and not as a limitation of powers.
Subd. 2.
This chapter prevails.
In the event of any conflict or inconsistency between sections 453.51 to 453.62 and any other law or charter provision, the provisions of sections 453.51 to 453.62 shall prevail.
History:
1976 c 313 s 12
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.01 — Intent.

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.
History:
1979 c 140 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.06 — Eminent Domain.

453A.06 EMINENT DOMAIN.
Except as otherwise provided by this section, a municipal gas agency may acquire all real or personal property that it deems necessary for carrying out the purposes of sections 453A.01 to 453A.12, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 117. A municipal gas agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing or under construction, or being planned, of facilities for the exploration, production, storage, distribution or transmission of gas. The authority of a municipal gas agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it.
History:
1979 c 140 s 6
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.07 — Rules And Rates.

453A.07 RULES AND RATES.
A municipal gas agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal gas agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of gas or of storage or distribution and transportation capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be at least sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more sinking funds for the retirement of principal. A municipal gas agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of any moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owing by it under any contract.
History:
1979 c 140 s 7
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.08 — City May Join Agency, Exercise Powers.

453A.08 CITY MAY JOIN AGENCY, EXERCISE POWERS.
Subdivision 1.
Join by resolution; notice.
A city may, by resolution of its governing body, elect to join a municipal agency, provided that it shall give written notice by mail to all its gas consumers 20 days prior to the meeting at which the resolution is to be considered, and one week's prior notice by publication in the official newspaper.
Subd. 2.
Powers by resolution; no incorporation.
A city may, by resolution of its governing body, exercise any of the powers granted in sections 453A.01 to 453A.12 to a municipal gas agency, upon fulfillment of the conditions provided in sections 453A.01 to 453A.12 for the exercise of any such power, but without complying with the terms of section 453A.03 relating to incorporation, and notwithstanding any provision of any city charter or any other law denying, limiting, or placing conditions upon the exercise of any such power. Nothing in this section shall be construed to repeal any charter provision or law requiring an election or other condition precedent to the establishment after January 1, 1979, of a city gas distribution system.
Subd. 3.
Publication.
Every resolution adopted in accordance with subdivision 1 shall be published in the official newspaper of the city. No action may be brought and no defense may be interposed in an action brought more than 30 days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the city to make any contract or to issue any bond, note, or other obligation authorized thereby.
Subd. 4.
Bonds require other law.
Nothing in sections 453A.01 to 453A.12 authorizes any city to issue general obligation bonds for any purpose specified in sections 453A.01 to 453A.12, without approval of its electors or performance of such other procedural conditions as may be required by its charter or the laws of this state. A city may, however, by resolution of its governing body and without approval of the electors or performance of other conditions provided in any charter or other law, enter into contracts with a municipal gas agency for the purchase, sale, exchange, exploration, storage, production, transmission or distribution of gas and other services, on such terms and for such period of time as the resolution may provide. A city may appropriate and use tax and other revenues received in any year to make payments due or to comply with covenants to be performed during that year under any contract made by the city when acting as a municipal gas agency, or any contract made by the city with a municipal gas agency, as contemplated by sections 453A.01 to 453A.12, subject to the provisions of its charter and the laws of this state regarding budget and payment procedures and annual tax levy limitations.
History:
1979 c 140 s 8
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.09 — Construction Contracts.

453A.09 CONSTRUCTION CONTRACTS.
A city or municipal gas agency may contract for the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of exploration, production, storage, transmission or distribution facilities within or without its corporate limits or those of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of sections 453A.01 to 453A.12. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a payment bond is secured as provided in section 574.26, it shall be enforceable as provided in sections 574.28 to 574.31, and no lien may be filed under chapter 514 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby.
History:
1979 c 140 s 9
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.10 — Authorized Investments; Security For Public Deposits.

453A.10 AUTHORIZED INVESTMENTS; SECURITY FOR PUBLIC DEPOSITS.
Notwithstanding any other law to the contrary, the state of Minnesota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, savings associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to sections 453A.01 to 453A.12, and the bonds or notes shall be authorized security for any and all public deposits.
History:
1979 c 140 s 10; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.11 — Employees, Definition.

453A.11 EMPLOYEES, DEFINITION.
Employees of a municipal gas agency shall be "public employees" within the meaning of section 353.01, and the provisions of chapter 353 shall apply to employees of a municipal gas agency.
History:
1979 c 140 s 11
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 453A — Municipal Gas Distribution › Section 453A.12 — Construction.

453A.12 CONSTRUCTION.
Subdivision 1.
Liberally, broadly.
Sections 453A.01 to 453A.12 shall be construed liberally to effectuate its legislative intent and purpose, as complete and independent authority for the performance of each and every act and thing authorized by sections 453A.01 to 453A.12, and all authority granted shall be broadly interpreted to effectuate this intent and purpose and not as a limitation of powers.
Subd. 2.
This chapter prevails.
In the event of any conflict or inconsistency between sections 453A.01 to 453A.12 and any other law or charter provision, the provisions of sections 453A.01 to 453A.12 shall prevail.
History:
1979 c 140 s 12
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.01 — Second, Third Class Charter City May Build, Buy Light Plant.

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.
History:
(1325-1) 1901 c 199 s 1; 1976 c 44 s 48
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.05 — Third Class Charter City May Build, Run Plant; Sell Power.

455.05 THIRD CLASS CHARTER CITY MAY BUILD, RUN PLANT; SELL POWER.
The governing body of any home rule charter city of the third class may construct a municipal electric light and power plant and necessary transmission and distribution systems and operate the same for municipal purposes and sell and dispose of electricity for light, heat, and power purposes to private consumers within and without the city.
History:
(1703-1) 1921 c 91 s 1; 1976 c 44 s 49
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.13 — Purchase Of Electricity.

455.13 PURCHASE OF ELECTRICITY.
Any home rule charter city owning an electric light and power plant may contract for the purchase by the city of electricity to operate the electric plant, upon such terms as may be approved by a two-thirds vote of all of the members of the governing body. The term of any such contract shall not exceed 15 years unless the governing body determines that a longer period, not exceeding 40 years, is in furtherance of sound utility practice.
History:
(1764) 1913 c 103 s 1; 1973 c 293 s 1; 1976 c 44 s 50
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.14 — Obligation Not Indebtedness.

455.14 OBLIGATION NOT INDEBTEDNESS.
The obligation incurred by any such city in the making of 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 a limit of indebtedness for such city.
History:
(1765) 1913 c 103 s 2
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.23 — Fourth Class City May Hook Up To Outside Power; Set Rates.

455.23 FOURTH CLASS CITY MAY HOOK UP TO OUTSIDE POWER; SET RATES.
In any home rule charter city of the fourth class the governing body may erect poles and string wires and cables thereon within the corporate limits of such city and install in connection therewith equipment as may be necessary to light the streets of the city and furnish electrical current to its inhabitants; and it may connect such a system of poles, wires and cables with a public or private electric light and power plant outside the city, by erecting poles along any public highway and extending from such city to such electric light and power plant, subject to the provisions of law relating to the use of public highways by light and power companies and string along such poles, wires and cables for the transmission of electrical current from such plant to the system of poles, wires and cables erected in such city; and the governing body may contract on behalf of the city and its inhabitants for furnishing electrical current and power and may prescribe the rates to be charged for such current and power.
History:
(1860-1) 1923 c 29 s 1; 1949 c 119 s 111; 1973 c 123 art 5 s 7; 1976 c 44 s 51
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.24 — Submission To Voters.

455.24 SUBMISSION TO VOTERS.
Before incurring any expense under the powers conferred by section 455.23, the approval of the voters of the city shall first be had at a general or special election held therein. If a majority of the voters of the city participating at the election shall vote in favor of the construction of the system of poles, wires and cables herein authorized to be made, the council shall proceed with the construction.
History:
(1860-2) 1923 c 29 s 2; 1949 c 119 s 111; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.25 — Bond Issue.

455.25 BOND ISSUE.
The expense incurred in carrying out the provisions of sections 455.23 to 455.25 may be paid out of any money in the general fund of the city available for the purpose. If there is no money in such fund available, the bonds of the city may be issued under and pursuant to the provisions of chapter 475. The proposition of constructing a system of poles, wires and cables and the proposition to issue bonds therefor may be submitted at the same election.
History:
(1860-3) 1923 c 29 s 3; 1949 c 119 s 111; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.26 — Extension Of Electric Lines.

455.26 EXTENSION OF ELECTRIC LINES.
Except as otherwise restricted by chapter 216B, the council of any home rule charter city of the fourth class in this state owning and operating an electric light plant, may extend the lines, wires, and fixtures of its plant into any statutory city lying within three miles of the limits of the city, with the consent of the council or other governing body of the statutory city and appropriate and expend money therefor.
History:
(1761) 1909 c 218 s 1; 1973 c 123 art 5 s 7; 1976 c 44 s 52
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.27 — Powers Of Council.

455.27 POWERS OF COUNCIL.
The council may also make contracts and arrangements with any person or statutory city into which the electric light line may be extended, necessary for the proper extension, operation, and maintenance of the line, the collecting of compensation for the light or current, and service that may be furnished thereby, and for the reimbursement of the cost of the extension.
History:
(1762) 1909 c 218 s 2; 1973 c 123 art 5 s 7; 1976 c 44 s 53
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.28 — Use Of Streets; Contracts.

455.28 USE OF STREETS; CONTRACTS.
The council or other governing body of any city to which an electric line may be extended pursuant to sections 455.26 to 455.28 may grant to the city making the extension, the right to use the streets, alleys, and other public grounds of the statutory city for the erection, operation, and maintenance of the line for that purpose, and make contracts and arrangements for lighting the city thereby and the payment therefor.
History:
(1763) 1909 c 218 s 3; 1973 c 123 art 5 s 7; 1976 c 44 s 54
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.30 — Not To Extend Into Other Municipalities.

455.30 NOT TO EXTEND INTO OTHER MUNICIPALITIES.
No lines, wires, or fixtures shall be extended by any municipality into the territorial limits of any other city without the consent of the governing body of the city.
History:
(1867-2) 1933 c 141 s 2; 1935 c 316 s 2; 1973 c 123 art 5 s 7; 1976 c 44 s 56
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.31 — Disposal Of Electrical Energy To Private Consumers.

455.31 DISPOSAL OF ELECTRICAL ENERGY TO PRIVATE CONSUMERS.
Any city of the first class now or hereafter operating a plant for the production and distribution of electrical energy for municipal purposes may dispose of any surplus thereof so produced, to private consumers within the city desiring the same, at such rates and upon such terms as the council, or other governing body, of the city may deem proper.
History:
(1483) 1913 c 127 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 455 — Electric Light And Power Plants › Section 455.32 — Fourth Class City May Sell Extra Power; Conditions.

455.32 FOURTH CLASS CITY MAY SELL EXTRA POWER; CONDITIONS.
Any home rule charter city of the fourth class in this state owning and operating an electric light and power plant for the production and distribution of electricity may dispose of any surplus electricity produced to private consumers desiring the same residing outside the corporate limits of the city, at rates and upon terms as the governing body of the city may deem proper. Any disposition made pursuant to this section shall be subject to the restrictions in chapter 216B.
History:
(1765-1) 1915 c 34 s 1; 1976 c 44 s 57
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 456 — Water From First Class Or Charter Cities › Section 456.29 — Water Mains Beyond City.

456.29 WATER MAINS BEYOND CITY.
A city of the first class that owns and operates a water plant or department, whether the water plant is under the control of the council or a board of water commissioners, may furnish water to a contiguous city or town. The furnishing city may extend its mains and assess the cost of extending them against the property abutting the street where the mains are laid.
History:
(1491-2) 1927 c 134 s 1; 1973 c 123 art 5 s 7; 1988 c 469 art 7 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 456 — Water From First Class Or Charter Cities › Section 456.30 — Request For Extension; Assessment.

456.30 REQUEST FOR EXTENSION; ASSESSMENT.
Subdivision 1.
By resolution; name streets.
A home rule charter city of the first class must not extend its mains or furnish water under section 456.29 to a contiguous city or town unless the council or board of the contiguous city or town requests the service. The request must be in a resolution adopted by the council or board. The resolution must name the streets, alleys, and other public places where the mains may be laid.
Subd. 2.
Assess abutting property.
The total cost of constructing a main that is extended into the contiguous city or town must be assessed against property abutting the street where the main is laid.
Subd. 3.
Use charter procedures.
The city must make and collect the assessments as the charter says.
History:
(1491-3) 1927 c 134 s 2; 1973 c 123 art 5 s 7; 1988 c 469 art 7 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 456 — Water From First Class Or Charter Cities › Section 456.31 — May Sell All Bonds At Once In Spite Of Ordinance.

456.31 MAY SELL ALL BONDS AT ONCE IN SPITE OF ORDINANCE.
If the people of a city of the first class have approved an ordinance to let the city issue bonds to extend, enlarge, and improve its city-owned and operated waterworks, and if the ordinance allows only a specified portion of the bonds to be issued in any one year, the city may issue all, or some, of the bonds remaining unissued at any time, notwithstanding the ordinance.
History:
(1491-1) 1923 c 36 s 1; 1988 c 469 art 7 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 456 — Water From First Class Or Charter Cities › Section 456.33 — Water Authority May Make Rules For Payments.

456.33 WATER AUTHORITY MAY MAKE RULES FOR PAYMENTS.
The governing body of a waterworks owned by a city of the first class may adopt and enforce rules that it considers advisable on when payments for its water are due and payable.
History:
(1481, 1482) 1913 c 37 s 1,3; 1988 c 469 art 7 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 456 — Water From First Class Or Charter Cities › Section 456.37 — Water Pipes In Roads.

456.37 WATER PIPES IN ROADS.
Subdivision 1.
Where pipes may go.
A home rule charter city that owns and operates a waterworks may extend its waterworks and supply water to occupants of property adjacent or accessible to the extension. The waterworks may be extended over, under, or along any road, street, alley, or public highway in or out of the city. The extension must not interfere with the safety or convenience of ordinary travel on the road, street, alley, or public highway.
Subd. 2.
Not in another city.
This section does not give a home rule charter city any rights in any other city.
Subd. 3.
May charge reasonable fee.
A home rule charter city may charge a reasonable fee for supplying water under this section.
History:
(1864) 1905 c 228 s 1; 1949 c 119 s 111; 1951 c 377 s 1; 1973 c 123 art 5 s 7; 1976 c 44 s 58; 1988 c 469 art 7 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 457A — Port Development Assistance › Section 457A.01 — Definitions.

457A.01 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 457A.01 to 457A.06, the following terms have the meanings given them.
Subd. 2.
Commercial navigation facility.
"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.
Subd. 3.
Commercial vessel.
"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.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of transportation.
Subd. 5.
Dredging.
"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.
Subd. 6.
Navigation system.
"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.
Subd. 7.
[Repealed, 1995 c 265 art 2 s 33]
History:
1991 c 298 art 3 s 1; 1992 c 464 art 1 s 44
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 457A — Port Development Assistance › Section 457A.02 — Program Established.

457A.02 PROGRAM ESTABLISHED.
Subdivision 1.
Purpose of program.
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.
Subd. 2.
Commissioner to administer.
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.
History:
1991 c 298 art 3 s 2; 1995 c 265 art 2 s 30
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 457A — Port Development Assistance › Section 457A.03 — Port Assistance.

457A.03 PORT ASSISTANCE.
Subdivision 1.
Eligible applicants.
Any person, political subdivision, or port authority, that owns a commercial navigation facility, may apply to the commissioner for assistance under this chapter.
Subd. 2.
Types of assistance.
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.
Subd. 3.
State participation; limitations.
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.
History:
1991 c 298 art 3 s 3; 1995 c 265 art 2 s 31
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 457A — Port Development Assistance › Section 457A.05 — Rules.

457A.05 RULES.
The commissioner may adopt rules that provide for:
(1) application procedures for assistance under this chapter;
(2) procedures for establishing deadlines for applications, and for notifying potential recipients of those deadlines;
(3) eligibility criteria for projects to be assisted;
(4) information required to be submitted with applications;
(5) contents of assistance agreements;
(6) any other requirement of this chapter; and
(7) any other requirement the commissioner deems necessary for the administration of this chapter.
History:
1991 c 298 art 3 s 5
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 457A — Port Development Assistance › Section 457A.06 — Revolving Fund.

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.
History:
1991 c 298 art 3 s 6
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.02 — Power To Get Land For Transport Facilities; Use.

458.02 POWER TO GET LAND FOR TRANSPORT FACILITIES; USE.
Subdivision 1.
May get, hold.
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.
Subd. 2.
Use.
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.
History:
(1372-1) 1927 c 152 s 1; 1965 c 45 s 60; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.03 — Power To Build Facilities, Charge Fees For Use.

458.03 POWER TO BUILD FACILITIES, CHARGE FEES FOR USE.
Subdivision 1.
Construction.
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.
Subd. 2.
Fees.
The city council may set reasonable fees for the use of the facilities and necessary equipment and appurtenances described in section 458.02.
History:
(1372-2) 1927 c 152 s 2; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.20 — City May Condemn Water-covered Land For Slips.

458.20 CITY MAY CONDEMN WATER-COVERED LAND FOR SLIPS.
A city of the first class may acquire by eminent domain land covered with water or an easement in the land in the city. The water-covered land must connect with or be near public navigable water other than nearby rivers in or near the city. The city council must first declare by resolution that the land must be taken to open, to lay out, or to improve a slip or other waterway. The taking may include damage, injury, or destruction to the water-covered land. The slip or waterway must lead into or connect with the public navigable water.
History:
(1500) 1905 c 213 s 1; 1976 c 44 s 61; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.21 — Condemned Land Must Be Public Water Highway.

458.21 CONDEMNED LAND MUST BE PUBLIC WATER HIGHWAY.
Land acquired under section 458.20 must be held for use as a public water highway for the travel accommodation and passage of watercraft.
History:
(1501) 1905 c 213 s 2; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.22 — City To Act As City Getting Building Line Easement.

458.22 CITY TO ACT AS CITY GETTING BUILDING LINE EASEMENT.
When a city council acts to acquire land or an easement in land under section 458.20, it must act the way a city council does under sections 463.01 to 463.07.
History:
(1502) 1905 c 213 s 3; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.23 — Land Or Easement To Vest In City.

458.23 LAND OR EASEMENT TO VEST IN CITY.
The city's taking and appropriation of the land for the purposes of sections 458.20 to 458.23 occurs when the proceedings are over and the awards are paid. At that time the land or the easement in the land for those purposes vests absolutely in the condemning city.
History:
(1503) 1905 c 213 s 4; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.24 — Land May Be Condemned For Harbors And Wharves.

458.24 LAND MAY BE CONDEMNED FOR HARBORS AND WHARVES.
Subdivision 1.
Power.
A city of the first class may condemn lands for harbors, wharves, boat landings, and for the required canals and approaches to them and may levy taxes to pay damages and other expenses of the condemnation proceedings. The condemnation must be done under chapter 117.
Subd. 2.
Entry.
The city after filing and giving notice of the filing of the award under chapter 117, may enter on and appropriate the condemned land without giving a bond. If the entry and appropriation are made, the city is absolutely bound to pay damages awarded by the commissioners or by the court on appeal and the costs and expenses assessed against it. The payment must be made within the time limit in chapter 117.
Subd. 3.
No appeal bond.
If the city appeals from the commissioner's award, the city need not give or file an appeal bond.
History:
(1504) 1909 c 327 s 1; 1985 c 265 art 8 s 1
2023 Minnesota Statutes › Chapters 451 - 459 — Local Public Utilities, Enterprises › Chapter 458 — Water Transportation Facilities › Section 458.25 — Build And Operate Wharves And Docks; User Fees.

458.25 BUILD AND OPERATE WHARVES AND DOCKS; USER FEES.
Subdivision 1.
Powers.
A city of the first class may:
(1) establish, construct, maintain, and operate public landings, public wharves and docks, and transfer railroad tracks, and loading, unloading, transfer and storage facilities, in or out of the city;
(2) acquire by condemnation or otherwise riparian or other lands and other rights and easements needed for a purpose in clause (1) and construct, maintain, and operate the buildings and warehouses needed for that purpose;
(3) lay and collect reasonable duties or wharfage fees on vessels coming to or using the landings, wharves or docks;
(4) regulate the use of other wharves and docks in the city and the rates of wharfage to be paid by vessels using them;
(5) dredge or deepen the harbor or river or a branch or portion of it;
(6) make and enforce reasonable rules for the protection and use of its properties in or out of the city and impose and enforce adequate penalties for the violation of the rules.
Subd. 2.
Chapter 117 applies.
Condemnation under this section must be done under chapter 117.
History:
(1504-1) 1921 c 363 s 1; 1976 c 44 s 62; 1985 c 265 art 8 s 1