HomeMy WebLinkAbout10-04-1995 Charter Packet Supplement410.01 CLASSIFICATION; CHARTERS
Cities, Organization
CHAPTER 410
CLASSIFICATION; CHARTERS
410.01 Cities, classes.
410.015 Definitions relating to cities.
410.03 Existing charters preserved.
410.04 Home rule charters; patrol limits.
410.05 Charter commission.
410.06
410.07
Compensation; expenses.
Determination of desirability;
framing charter.
410.09 Regulation of franchises.
410.10 Submission of charter.
410.11 Adoption; notice, effective date.
410.12 Amendments.
410.121 Sale of intoxicating liquor or wine;
favorable vote.
410.14 Alternative proposals.
410.15 Succession; subsisting rights.
410.16 Forms of government incorporated
in charter.
410.18 Distribution of administrative
powers.
410.19 Powers of mayor and council.
410.20 Recall and removal of officers;
ordinances.
410.21 Application of general election
laws.
410.24 New or revised charter.
410.30 Abandonment of home rule
charters by cities; assumption of
statutory city status.
410.32 Cities authorized to issue capital
notes for certain equipment
acquisitions.
410.33 Savings clause.
458
NOTE: For special laws relating to specific cities, see Table 1, Vol. 11.
410.01 CITIES, CLASSES.
Cities are hereby divided, for legislative purposes, into classes as follows:
First class — Those having more than 100,000 inhabitants provided that once a
city is defined to be of the first class, it shall not be reclassified unless its population
decreases by 25 percent from the census figures which last qualified the city for inclu-
sion in the class;
Second class — Those having more than 20,000 and not more than 100,000 inhab-
itants;
Third class — Those having more than 10,000 and not more than 20,000 inhabi-
tants, and
Fourth class — Those having not more than 10,000 inhabitants.
Changes in classification resulting from any future national census shall take effect
upon the filing of certified copies of the census in the office of the secretary of state as
provided in section 600.18. Meanwhile the council or other governing body shall take
measures for the election of proper officials and for dividing the city into wards, if nec-
essary, and otherwise prepare for the coming change.
History: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s 1
410.015 DEFINITIONS RELATING TO CITIES.
The term "statutory city" means any city which has not adopted a home rule char-
ter pursuant to the constitution and laws; the words "home rule charter city" mean any
city which has adopted such a charter. In any law adopted after July 1, 1976, the word
"city" when used without further description extending the application of the term to
home rule charter cities means statutory cities only.
History: 1976 c 44 s 19; 1976 c 155 s 3
410.02 [Repealed, 1949 c 114 s 1]
410.03 EXISTING CHARTERS PRESERVED.
Until otherwise provided in accordance with this chapter, all cities existing at the
time of the taking effect of the Revised Laws 1905 shall continue to be governed by the
laws then annlicahle theretrs
CLASSIFICATION; CHARTERS 410.05
59
10.04 HOME RULE CHARTERS; PATROL LIMITS.
Any city in the state may frame a city charter for its own government in the manner
iereinafter prescribed; provided, that in such cities having patrol limits established by
harter, such limits shall not be altered unless the charter proposing such alteration be
adopted by a three -fourths majority.
History: (1268) RL s 748; 1907 c 375 s 1; 1973 c 123 art 5 s 7
110.05 CHARTER COMMISSION.
Subdivision 1. Appointment. When the district court of the judicial district in
which a city is situated, deems it for the best interest of the city so to do, the court, act-
ing through its chief judge, may appoint a charter commission to frame and amend a
charter. Upon presentation of a petition requesting such action, signed by at least ten
percent of the number of voters of the city, as shown by the returns of the last regular
city election, or upon resolution of the governing body of the city requesting such
action, the court shall appoint a charter commission. The commission shall be com-
posed of not less than seven nor more than 15 members, each of whom shall be a quali-
fied voter of the city. The size of the commission shall be determined within the above
limits by the court, except that where the commission is appointed pursuant to a peti-
tion of the voters or resolution of the governing body of the city, the size of the commis-
sion shall be as specified in such petition or resolution. Any city may by charter
provision fix the size of the charter commission at a figure which shall not be less than
seven nor more than 15 members, and such charter provision shall prevail over any
inconsistent provisions of this subdivision. No person shall be disqualified from serving
on a charter commission by reason of holding any other elective or appointive office
other than judicial.
Subd. 2. Commission members; terms, vacancies. Charter commission members
shall hold office for the term of four years, and until their successors are appointed and
qualify, except that of members initially appointed after July 1, 1967, eight shall be
appointed for two year terms and seven for four year terms. No person may be
appointed to more than two successive terms as a commission member. Vacancies in
the commission shall be filled by appointment of the chief judge for the unexpired
terms. Upon the expiration of each term, the chief judge shall appoint new commission
members. If the chief judge fails to appoint new commission members within 30 days
then thereafter the governing body of the city shall, appoint new commission members,
unless within the 30 day period the chief judge indicates in writing to the governing
body an intention to appoint new members, in which case the chief judge shall have
an additional 60 days within which to make the appointment. Appointme hl who
be
made by order filed with the court administrator of the district court. An appointee
neglects to file with the court administrator within 30 days a written acceptance and
oath of office shall be deemed to have declined the appointment and the place shall be
filled as though the appointee had resigned. The charter commission, within 30 days
after the initial appointment of the commission, shall make rules, including quorum
requirements, with reference to its operations and procedures. The commission shall
submit to the chief judge of the district court, on or before December 31 of each year,
an annual report outlining its activities and accomplishments for the preceding calen-
dar year. The commission shall forward a copy of the report to the clerk of the city. Any
member may be removed at any time from office, by written order of the district court,
the reason for such removal being stated in the order. When any member has failed to
perform the duties of office and has failed to attend four consecutive meetings without
being excused by the commission, the secretary of the charter commission shall file a
certificate with the court setting forth those facts and the district court shall thereupon
make its order of removal and the chief judge shall fill the vacancy created thereby.
Subd. 3. Commission appointments; nominees. A city council, a charter commis-
sion, or the petitioners requesting the appointment of a charter commission may sub-
mit to the court the names of eligible nominees which the district court may consider
in making appointments to the charter commission.
410.05 CLASSIFICATION; CHARTERS
Subd. 4. Commission meetings. The charter commission shall meet at least once
during each calendar year, and upon presentation of a petition signed by at least ten
percent of the number of voters of the municipality, as shown by the returns of the last
annual municipal election, or upon resolution approved by a majority of the governing
body of the city requesting the commission to convene, the commission shall meet to
consider the proposals set forth in such petition or resolution.
Subd. 5. Discharge. If the charter commission of a statutory city determines that
a charter is not necessary or desirable, the commission may be discharged by a vote of
three -fourths of its members. Another commission may not be formed sooner than one
year from the date of discharge.
History: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305
s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44
s 20; 1979 c 330 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 51 s 1
410.06 COMPENSATION; EXPENSES.
The members of such commission shall receive no compensation, but the commis-
sion may employ an attorney and other personnel to assist in framing such charter, and
any amendment or revision thereof, and the reasonable compensation and the cost of
printing such charter, or any amendment or revision thereof, when so directed by the
commission, shall be paid by such city. The amount of reasonable and necessary charter
commission expenses that shall be so paid by the city shall not exceed in any one year
the sum of $10,000 for a first class city and $1,500 for any other city; but the council
may authorize such additional charter commission expenses as it deems necessary.
Other statutory and charter provisions requiring budgeting of, or limiting, expenditures
do not apply to charter commission expenses. The council may levy a tax in excess of
charter tax limitations to pay such expenses.
History: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608
s 2; 1973 c 123 art 5 s 7; 1994 c 505 art 3 s 8
410.07 DETERMINATION OF DESIRABILITY; FRAMING CHARTER.
As soon as practicable after such appointment, the charter commission shall
deliver to the clerk of the city either (1) its report determining that a home rule charter
for the city is not necessary or desirable, or (2) the draft of a proposed charter, in either
case signed by at least a majority of its members. Such draft shall fix the corporate name
and the boundaries of the proposed city, and provide for a mayor, and for a council
to be elected by the people. Subject to the limitations in this chapter provided, it may
provide for any scheme of municipal government not inconsistent with the constitu-
tion, and may provide for the establishment and administration of all departments of
a city government, and for the regulation of all local municipal functions, as fully as
the legislature might have done before home rule charters for cities were authorized by
constitutional amendment in 1896. It may omit provisions in reference to any depart-
ment contained in special or general laws then operative in the city, and provide that
such special or general laws, or such parts thereof as are specified, shall continue and
be in force therein, including any such special or general law authorizing the city to
incur indebtedness or issue its bonds for municipal purposes. It may prescribe meth-
ods of procedure in respect to the operation of the government thereby created, and
the duties thereunder of all courts and officers of the district and county in which the
city is situated, which duties such courts and officers shall perform. By such charter the
city may be authorized to acquire, by gift, devise, purchase, or condemnation, any
property, within or without its boundaries, needed for the full discharge of any public
function which it is permitted to exercise.
History: (1271) RL s 751; 1921 c 120; 1921 c 343; 1959 c 305 s 1; 1961 c 608 s 3;
61
CLASSIFICATION; CHARTERS 410.11
110.09 REGULATION OF FRANCHISES.
Such proposed charter may provide for regulating and controlling the exercise of
)rivileges and franchises in or upon the streets and other public places of the city,
vhether granted by the city, by the legislature, or by any other authority; but no perpet-
ial franchise or privilege shall ever be created, nor shall any exclusive franchise or priv-
lege be granted, unless the proposed grant be first submitted to the voters of the city,
ind be approved by a majority of those voting thereon, nor in such case for a period
more than 25 years.
History: (1283) RL s 753; 1973 c 123 art 5 s 7
410.10 SUBMISSION OF CHARTER.
Subdivision 1. Upon delivery of such draft, the council or other governing body
of the city shall cause the proposed charter to be submitted at the next general election
thereafter occurring in the city within six months after the delivery of such draft, and
if there is no general city election occurring in the city within six months after the deliv-
ery of such draft, then the council or other governing body of the city shall cause the
proposed charter to be submitted at a special election to be held within 90 days after
the delivery of such draft. The council or other governing body may call a special elec-
tion for that purpose only at any time. If the election is held at the same time with the
general election, the voting places and election officers shall be the same for both elec-
tions. At any time before the council has fixed the date of the election upon the pro-
posed charter, the charter commission may recall it for further action; and the council
may authorize recall of the charter by the commission at any later date prior to the first
publication of the proposed charter.
Subd. 2. The notice of election shall contain the complete charter and shall be pub-
lished once a week for two successive weeks in the official newspaper of the city, or if
there be none, in a legal newspaper of general circulation in the city. In every city of
the first class, the publication shall be made in a newspaper having an aggregate regular
paid circulation of at least 25,000 copies. The governing body may in addition thereto
publish the notice in any other legal newspaper published in the city.
Subd. 3. The ballot shall bear the printed words, "Shall the proposed new charter
be adopted? Yes.... No....," with a square after each of the last two words, in which the
voter may place a cross to express a choice. If any part of such charter be submitted
in the alternative, the ballot shall be so printed as to permit the voter to indicate a pref-
erence in any instance by inserting a cross in like manner.
Subd. 4. If any charter so submitted be rejected the charter commission may pro-
pose others from time to time until one is adopted.
History: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123
art 5 s 7; 1986 c 444
410.11 ADOPTION; NOTICE, EFFECTIVE DATE.
If 51 percent of the votes cast on the proposition are in favor of the proposed char-
ter, it shall be considered adopted; and, if any provisions thereof are submitted in the
alternative, those ratified by a majority of the votes cast thereon shall prevail. If the
charter is adopted, the city clerk shall file with the secretary of state, the county recorder
of the county in which the city lies, and in the city clerk's office a copy of the charter
accompanied by a certificate attesting to the accuracy of the copy and giving the date
of the election and the vote by which the charter was adopted. The charter shall take
effect 30 days after the election, or at such other time as is fixed in the charter, and shall
then supersede all other charter provisions relating to such city. Thereupon the courts
shall take judicial notice of the new charter and, upon the election of officers thereun-
der, the officials of the former corporation shall deliver to them the records, money and
other public property in their control.
History: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7,-1976
c 181 s 2; 1986 c 444
410.12 CLASSIFICATION; CHARTERS
410.12 AMENDMENTS.
Subdivision 1. Proposals. The charter commission may propose amendments to
such charter and shall do so upon the petition of voters equal in number to five percent
of the total votes cast at the last previous state general election in the city. If the city
has a system of permanent registration of voters, only registered voters are eligible to
sign the petition. All petitions circulated with respect to a charter amendment shall be
uniform in character and shall have attached thereto the text of the proposed amend-
ment in full; except that in the case of a proposed amendment containing more than
1,000 words, a true and correct copy of the same may be filed with the city clerk, and
the petition shall then contain a summary of not less than 50 nor more than 300 words
setting forth in substance the nature of the proposed amendment. Such summary shall
contain a statement of the objects and purposes of the amendment proposed and an
outline of any proposed new scheme or frame work of government and shall be suffi-
cient to inform the signers of the petition as to what change in government is sought
to be accomplished by the amendment. The summary, together with a copy of the pro-
posed amendment, shall first be submitted to the charter commission for its approval
as to form and substance. The commission shall within ten days after such submission
to it, return the same to the proposers of the amendment with such modifications in
statement as it may deem necessary in order that the summary may fairly comply with
the requirements above set forth.
Subd. la. Alternative methods of charter amendment. A home rule charter may be
amended only by following one of the alternative methods of amendment provided in
subdivisions 1 to 7.
Subd. 2. Petitions. The signatures to such petition need not all be appended to one
paper, but to each separate petition there shall be attached an affidavit of the circulator
thereof as provided by this section. A petition must contain each petitioner's signature
in ink or indelible pencil and must indicate after the signature the place of residence
by street and number, or other description sufficient to identify the place. There shall
appear on each petition the names and addresses of five electors of the city, and on each
paper the names and addresses of the same five electors, who, as a committee of the
petitioners, shall be regarded as responsible for the circulation and filing of the petition.
The affidavit attached to each petition shall be as follows:
State of )
) ss.
County of )
being duly sworn, deposes and says that the affiant, and the affi-
ant only, personally circulated the foregoing paper, that all the signatures appended
thereto were made in the affiant's presence, and that the affiant believes them to be the
genuine signatures of the persons whose names they purport to be.
Signed
(Signature of Circulator)
Subscribed and sworn to before me
this day of 19 ....
Notary Public (or other officer)
authorized to administer oaths
The foregoing affidavit shall be strictly construed and any affiant convicted of
swearing falsely as regards any particular thereof shall be punishable in accordance with
existing law.
Subd. 3. May be assembled as one petition. All petition papers for a proposed
amendment shall be assembled and filed with the charter commission as one instru-
ment. Within ten days after such petition is transmitted to the city council, the city clerk
shall determine whether each paper of the petition is properly attested and whether the
petition is signed by a sufficient number of voters. The city clerk shall declare any peti-
tion naner entirely invalid which is not attecte1 by the eirenlatnr thereof ac rennired
463
CLASSIFICATION; CHARTERS 410.12
in this section. Upon completing an examination of the petition, the city clerk shall cer-
tify the result of the examination to the council. If the city clerk shall certify that the
petition is insufficient the city clerk shall set forth in a certificate the particulars in
which it is defective and shall at once notify the committee of the petitioners of the find-
ings. A petition may be amended at any time within ten days after the making of a cer-
tificate of insufficiency by the city clerk, by filing a supplementary petition upon
additional papers signed and filed as provided in case of an original petition. The city
clerk shall within five days after such amendment is filed, make examination of the
amended petition, and if the certificate shall show the petition still to be insufficient,
the city clerk shall file it in the city clerk's office and notify the committee of the peti-
tioners of the findings and no further action shall be had on such insufficient petition.
The finding of the insufficiency of a petition shall not prejudice the filing of a new peti-
tion for the same purpose.
Subd. 4. Election. Amendments shall be submitted to the qualified voters at a gen-
eral or special election and published as in the case of the original charter. The form
of the ballot shall be fixed by the governing body. The statement of the question on the
ballot shall be sufficient to identify the amendment clearly and to distinguish the ques-
tion from every other question on the ballot at the same time. If 51 percent of the votes
cast on any amendment are in favor of its adoption, copies of the amendment and cer-
tificates shall be filed, as in the case of the original charter and the amendment shall
take effect in 30 days from the date of the election or at such other time as is fixed in
the amendment.
Subd. 5. Amendments proposed by council. The council of any city having a home
rule charter may propose charter amendments to the voters by ordinance. Any ordi-
nance proposing such an amendment shall be submitted to the charter commission.
Within 60 days thereafter, the charter commission shall review the proposed amend-
ment but before the expiration of such period the commission may extend the time for
review for an additional 90 days by filing with the city clerk its resolution determining
that an additional time for review is needed. After reviewing the proposed amendment,
the charter commission shall approve or reject the proposed amendment or suggest a
substitute amendment. The commission shall promptly notify the council of the action
taken. On notification of the charter commission's action, the council may submit to
the people, in the same manner as provided in subdivision 4, the amendment originally
proposed by it or the substitute amendment proposed by the charter commission. The
amendment shall become effective only when approved by the voters as provided in
subdivision 4. If so approved it shall be filed in the same manner as other amendments.
Nothing in this subdivision precludes the charter commission from proposing charter
amendments in the manner provided by subdivision 1.
Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth
class having a home rule charter may propose charter amendments by ordinance with-
out submission to the charter commission. Such ordinance, if enacted, shall be adopted
by at least a four -fifths vote of all its members after a public hearing upon two weeks'
published notice containing the text of the proposed amendment and shall be approved
by the mayor and published as in the case of other ordinances. The council shall submit
the proposed amendment to the people in the manner provided in subdivision 4, but
not sooner than three months after the passage of the ordinance. The amendment
becomes effective only when approved by the voters as provided in subdivision 4. If
so approved, it shall be filed in the same manner as other amendments.
Subd. 7. Amendment by ordinance. Upon recommendation of the charter commis-
sion the city council may enact a charter amendment by ordinance. Such an ordinance,
if enacted, shall be adopted by the council by an affirmative vote of all its members after
a public hearing upon two weeks' published notice containing the text of the proposed
amendment and shall be approved by the mayor and published as in the case of other
ordinances. An ordinance amending a city charter shall not become effective until 90
days after passage and publication or at such later date as is fixed in the ordinance.
Within 60 days after passage and publication of such an ordinance, a petition request-
410.12 CLASSIFICATION; CHARTERS
464
ing a referendum on the ordinance may be filed with the city clerk. Such petition shall
be signed by qualified voters equal in number to two percent of the total number of
votes cast in the city at the last state general election or 2,000, whichever is less. If the
city has a system of permanent registration of voters, only registered voters are eligible
to sign the petition. If the requisite petition is filed within the prescribed period, the
ordinance shall not become effective until it is approved by the voters as in the case
of charter amendments submitted by the charter commission, the council, or by peti-
tion of the voters, except that the council may submit the ordinance at any general or
special election held at least 60 days after submission of the petition, or it may recon-
sider its action in adopting the ordinance. As far as practicable the requirements of sub-
divisions 1 to 3 apply to petitions submitted under this section, to an ordinance
amending a charter, and to the filing of such ordinance when approved by the voters.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227
s 1; 1949 c 122 s 1; 1959 c 305 s 3, 4; 1961 c 608 s 5, 6; 1969 c 1027 s 3; 1973 c 503 s 1-4;
1986 c 444
410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE.
If the charter which is to be amended or replaced contains provisions which pro-
hibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not
be amended or removed unless 55 percent of the votes cast on the proposition shall be
in favor thereof.
History: 1969 c 1027 s 2
410.13 [Repealed, 1959 c 305 s 6]
410.14 ALTERNATIVE PROPOSALS.
In submitting a charter or an amendment to the voters any alternative section or
article may be presented and voted on separately, without prejudice to other articles
or sections of the charter or any amendments thereto.
History: (1288) RL s 757
410.15 SUCCESSION; SUBSISTING RIGHTS.
The new city so organized shall be in all respects the legal successor of the former
corporation, and no charter so adopted, nor any amendment thereof, shall prejudice
any subsisting right, lien, or demand against the city superseded, or affect any pending
action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued
or accruing to such former corporation, all property vested therein or held in trust
therefor, all taxes and assessments levied in its behalf, and all its privileges and immuni-
ties not inconsistent with the new charter, shall pass to its successor. All ordinances,
resolutions, and bylaws in force at the adoption of such new charter, and not in conflict
with its provisions, shall continue in force until duly altered or repealed.
History: (1289) RL s 758; 1973 c 123 art 5 s 7
410.16 FORMS OF GOVERNMENT INCORPORATED IN CHARTER.
The charter commission may incorporate as part of the proposed charter for any
city the commission, mayor -council, council-manager form of city government or any
other form not inconsistent with constitution or statute, and may provide that all elec-
tive city officers, including mayor and members of the council, shall be elected at large
or otherwise.
History: (1290) 1909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 7
410.17 [Repealed, 1973 c 503 s 6]
410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS.
Such charter commission may also provide that the administrative powers, author-
465
CLASSIFICATION; CHARTERS 410.30
ity, and duties in any such city shall be distributed into and among departments and
may provide that the council may determine the powers and duties to be performed
by and assign them to the appropriate department and determine who shall be the head
of each department and prescribe the powers and duties of all officers and employees
thereof, and may assign particular officers or employees to perform duties in two or
more departments, and make such other rules and regulations as may be necessary or
proper for the efficient and economical conduct of the business of the city.
History: (1292) 1909 c 170 s 3; 1959 c 305 s 5
410.19 POWERS OF MAYOR AND COUNCIL.
The charter commission may incorporate in such charter provisions defining the
powers and duties of the mayor and each member of the council, and may provide that
each member of the council shall perform such administrative duties as may be desig-
nated in such charter.
History: (1293) 1909 c 170 s 4; 1959 c 305 s 5
410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES.
Such commission may also provide for the recall of any elective municipal officer
and for removal of the officer by vote of the electors of such city, and may also provide
for submitting ordinances to the council by petition of the electors of such city and for
the repeal of ordinances in like manner; and may also provide that no ordinance passed
by the council, except an emergency ordinance, shall take effect within a certain time
after its passage, and that if, during such time, a petition be made by a certain percent-
age of the electors of the city protesting against the passage of such ordinance until the
same be voted on at an election held for such purpose, and then such ordinance to take
effect or not as determined by such vote.
History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444
410.21 APPLICATION OF GENERAL ELECTION LAWS.
The provisions of any charter of any such city adopted pursuant to this chapter
shall be valid and shall control as to nominations, primary elections, and elections for
municipal offices, notwithstanding that such charter provisions may be inconsistent
with any general law relating thereto, and such general laws shall apply only in so far
as consistent with such charter.
History: (1295) 1909 c 170 s 6
410.22 [Repealed, 1973 c 503 s 6]
410.23 [Repealed, 1959 c 305 s 6]
410.24 NEW OR REVISED CHARTER.
Any city having a home rule charter may submit and adopt a new or revised charter
in the manner provided by law for the original adoption of such home rule charter.
History: (1298) 1909 c 236 s 2; 1961 c 608 s 8
410.25 [Repealed, 1959 c 305 s 6]
410.26 [Repealed, 1961 c 608 s 10]
410.27 [Repealed, 1973 c 503 s 6]
410.30 ABANDONMENT OF HOME RULE CHARTERS BY CITIES; ASSUMP-
TION OF STATUTORY CITY STATUS.
Any city of any class having a home rule charter may abandon such charter and
become a statutory city. A proposal to abandon the charter shall be presented, adopted,
and become effective in the same manner as a charter amendment, and all statutory
provisions relating to home rule charter amendments shall apply to a proposal to aban-
410.30 CLASSIFICATION; CHARTERS
466
don a charter. Such proposal shall include a schedule containing all necessary provi_
sions for transition to a statutory city form of government, including such provisions
with reference to terms of incumbent officers as are deemed appropriate to place the
municipality on the regular statutory city election schedule as soon as practicable. The
proposal may provide in effect for continuance of specified provisions of the home rule
charter for an interim period and shall specify the standard plan or the optional plan
under which the municipality is to operate as a statutory city.
History: 1965 c 561 s 1; 1973 c 123 art 5 s 7; 1973 c 503 s 5
410.31 [Repealed, 1973 c 503 s 6]
410.32 CITIES AUTHORIZED TO ISSUE CAPITAL NOTES FOR CERTAIN
EQUIPMENT ACQUISITIONS.
Notwithstanding any contrary provision of other law or charter, a home rule char-
ter city may, by resolution and without public referendum, issue capital notes subject
to the city debt limit to purchase public safety equipment, ambulance and other medi-
cal equipment, road construction and maintenance equipment, and other capital equip-
ment having an expected useful life at least as long as the term of the notes. The notes
shall be payable in not more than five years and be issued on terms and in the manner
the city determines. The total principal amount of the capital notes issued in a fiscal
year shall not exceed 0.03 percent of the market value of taxable property in the city
for that year. A tax levy shall be made for the payment of the principal and interest on
the notes, in accordance with section 475.61, as in the case of bonds. Notes issued under
this section shall require an affirmative vote of two-thirds of the governing body of the
city. Notwithstanding a contrary provision of other law or charter, a home rule charter
city may also issue capital notes subject to its debt limit in the manner and subject to
the limitations applicable to statutory cities pursuant to section 412.301.
History: 1983 c 361 s 1; 1988 c 702 s 2; 1988 c 719 art 5 s 84; 1989 c 1 s 4; 1990
c 612 s 15
410.33 SAVINGS CLAUSE.
If a city charter is silent on a matter that is addressed for statutory cities by chapter
412 or other general law and general law does not prohibit a city charter from address-
ing the matter or expressly provide that a city charter prevails over general law on the
matter, then the city may apply the general law on the matter.
History: 1994 c 446 s 1
429.011 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
646
CHAPTER 429
LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
429.011 Definitions.
429.021 Local improvements, council
powers.
429.031 Preliminary plans, hearings.
429.035 Improvements, petition.
429.036 Appeal from determination of
legality of petition.
429.041 Council procedure.
429.051 Apportionment of cost.
429.01 [Repealed, 1953 c 398 s 13 subd 1]
429.061 Assessment procedure.
429.071 Supplemental assessments;
reassessment.
429.081 Appeal to district court.
429.091 Financing.
429.101 Service charges, a special
assessment against benefited
property.
429.111 Charter provisions, effect.
429.011 DEFINITIONS.
Subdivision 1. For the purpose of this chapter the terms defined in this section shall
have the meanings ascribed to them.
Subd. 2. "Municipality" means any city of the second, third, or fourth class how-
ever organized, or any statutory city or any town as defined in section 368.01.
Subd. 2a. "Municipality" also includes a county in the case of construction, recon-
struction or improvement of a county state -aid highway or county highway as defined
in section 160.02 including curbs and gutters and storm sewers and includes a county
exercising its powers and duties under section 444.075, subdivision 1.
Subd. 2b. "Municipality" also includes any town not having the powers granted
herein pursuant to any other law in the case of construction, reconstruction or improve-
ment of a town road including curbs and gutters and storm sewers and in the case of
those improvements designated in section 429.021, subdivision 1, clauses (1), (2), (4),
(5), (6), (7), (8), and (10).
Subd. 3. "Council" means the body of the city having general legislative powers,
the town board of the town, or the county board of a county.
Subd. 4. "Clerk" means the chief clerical officer of the municipality.
Subd. 5. "Improvement" means any type of improvement made under authority
granted by section 429.021, and in the case of a county is limited to the construction,
reconstruction, or improvement of a county state -aid highway or county highway
including curbs and gutters and storm sewers.
Subd. 6. "Newspaper" means the official newspaper of the municipality, or if there
is no official newspaper, a legal newspaper of general circulation in the municipality.
Subd. 7. "Street" means any street, alley, or other public way, or any part thereof.
Subd. 8. "Utilities commission" means the municipal board or commission, other
than the council, which exercises any authority or control over the operation of any
municipally owned public utility.
Subd. 9. "Pedestrian skyway system" means any system of providing for pedes-
trian traffic circulation, mechanical or otherwise, elevated above ground, within and
without the public right of way, and through or above private property and buildings,
and includes overpasses, bridges, passageways, walkways, concourses, hallways, corri-
dors, arcades, courts, plazas, elevators, escalators, heated canopies, and accesses and
all fixtures, furniture, equipment, facilities, services, and appurtenances which in the
judgment of the council will enhance the movement, safety, security, convenience and
enjoyment of pedestrians and benefit the city and adjoining properties.
Subd. 10. "Underground pedestrian concourse" means any system of providing
for pedestrian traffic circulation, mechanical or otherwise, below ground, within and
without the public right of way, and through or below private property, and includes
tunnels, passageways, walkways, concourses, hallways, corridors, arcades, plazas, eleva-
647 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.021
tors, escalators, heated canopies, and accesses and all fixtures, furniture, equipment,
facilities, and appurtenances which in the judgment of the council will enhance the
movement, safety, security, convenience and enjoyment of pedestrians and benefit the
city and adjoining properties.
Subd. 11. "Special lighting system" means lights or light displays of any type
located within or without the public right of way.
Subd. 12. "Acquire" includes, but is not limited to, the obtaining by purchase, con-
demnation, or leasing rights or interests in the areas above or below the surface of the
ground of real property or structures or improvements thereon.
Subd. 13. "Public mall, plaza, or courtyard" means any wholly or partly opened
or enclosed public area adjacent to or attached to a wall, fence, commercial structure,
hotel, or any other building and designed as a place for passive recreation, public enter-
tainment, exhibition and education, or a pedestrian walk.
Subd. 14. "Fire protection system" means pipes, standpipes, sprinklers, control
systems and other devices and equipment installed in or outside a building for the pri-
mary purpose of eliminating or reducing the spread of fire in the building or providing
for safe evacuation of the building, whether the devices and equipment are publicly or
privately owned.
Subd. 15. "Highway sound barriers" means sound abatement walls erected along
highways to reduce noise levels attributable to vehicular traffic.
Subd. 16. "On -site water contaminant improvements" means pipes, wells, and
other devices and equipment installed in or outside a building for the primary purpose
of eliminating water contamination caused by lead or other toxic or health threatening
substances in the water, whether the improvements so installed are publicly or privately
owned.
History: 1953 c 398 s 1; 1961 c 338 s I; 1969 c 741 s 1-3; 1971 c 617 s 1-4, 1973 c
123 art 5 s 7; 1973 c 636 s 1; 1973 c 702 s 22; 1974 c 233 s 1; 1976 c 147 s 1; 1978 c 634
s 1,2; 1979c330s1; 1983c9s1; 1984c478s1; 1984c591s1, 1986c315s1; 1987
c 138 s 1; 1988 c 564 s 1; 1994 c 614 s 5
429.02 [Repealed, 1953 c 398 s 13 subd 1]
429.021 LOCAL IMPROVEMENTS, COUNCIL POWERS.
Subdivision 1. Improvements authorized. The council of a municipality shall have
power to make the following improvements:
(1) To acquire, open, and widen any street, and to improve the same by construct-
ing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle
parking strips of any material, or by grading, graveling, oiling, or otherwise improving
the same, including the beautification thereof and including storm sewers or other street
drainage and connections from sewer, water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and
sanitary sewers and systems, including outlets, holding areas and ponds, treatment
plants, pumps, lift stations, service connections, and other appurtenances of a sewer
system, within and without the corporate limits.
(3) To construct, reconstruct, extend, and maintain steam heating mains.
(4) To install, replace, extend, and maintain street lights and street lighting sys-
tems and special lighting systems.
(5) To acquire, improve, construct, reconstruct, extend, and maintain water works
systems, including mains, valves, hydrants, service connections, wells, pumps, reser-
voirs, tanks, treatment plants, and other appurtenances of a water works system, within
and without the corporate limits.
(6) To acquire, improve and equip parks, open space areas, playgrounds, and rec-
reational facilities within or without the corporate limits.
(7) To plant trees on streets and provide for their trimming, care, and removal.
429.021 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
648
(8) To abate nuisances and to drain swamps, marshes, and ponds on public or pri_
vate property and to fill the same.
(9) To construct, reconstruct, extend, and maintain dikes and other flood control
works.
(10) To construct, reconstruct, extend, and maintain retaining walls and area
walls.
(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain,
and promote a pedestrian skyway system. Such improvement may be made upon a peti-
tion pursuant to section 429.031, subdivision 3.
(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestrian concourses.
(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote
public malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain district heating systems.
(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire
protection systems in existing buildings, but only upon a petition pursuant to section
429.031, subdivision 3.
(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain high-
way sound barriers.
Subd. 2. Combining improvements. An improvement on two or more streets or two
or more types of improvement in or on the same street or streets or different streets may
be included in one proceeding and conducted as one improvement.
Subd. 3. Relation to charter and other laws. When any portion of the cost of an
improvement is defrayed by special assessments, the procedure prescribed in this chap-
ter shall be followed unless the council determines to proceed under charter provisions;
but this chapter does not prescribe the procedure to be followed by a municipality in
making improvements financed without the use of special assessments.
If the council determines to proceed under charter provisions for special assess-
ments, such provisions shall be deemed to include a requirement that notices of pro-
posed assessments inform property owners of the procedures they must follow under
the charter in order to appeal the assessments to district court. The notices shall also
inform property owners of the provisions of sections 435.193 to 435.195 and the exis-
tence of any deferment procedure established pursuant thereto in the municipality.
Charter provisions shall also be deemed to require that when the council deter-
mines to make any improvement, it shall let the contract for all or part of the work,
or order all or part of the work done by day labor or otherwise as may be authorized
by the charter, no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution order-
ing the improvement.
History: 1953 c 398 s 2; 1965 c 877 s 1; 1971 c 617 s 5; 1973 c 201 s 1; 1974 c 233
s 2; 1974 c 314 s 1; 1976 c 195 s 1; 1978 c 518 s 1; 1979 c 330 s 2; 1981 c 334 s 5; 1984
c548s4; 1984 c 582 s 3; 1984 c 591 s 2; 1984c633s2; 1987c138s2
429.03 [Repealed, 1953 c 398 s 13 subd 1]
429.031 PRELIMINARY PLANS, HEARINGS.
Subdivision 1. Preparation of plans, notice of hearing. Before the municipality
awards a contract for an improvement or orders it made by day labor, or before the
municipality shall have the power to assess any portion of the cost of an improvement
to be made under a cooperative agreement with the state or another political subdivi-
sion for sharing the cost of making such improvement, the council shall hold a public
hearing on the proposed improvement following two publications in the newspaper of
a notice stating the time and place of the hearing, the general nature of the improve-
ment, the estimated cost, and the area proposed to be assessed. The two publications
6,
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649 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.031
shall be a week apart and the hearing shall be at least three days after the last publica-
tion. Not less than 10 days before the hearing, notice thereof shall also be mailed to the
owner of each parcel within the area proposed to be assessed, but failure to give mailed
notice or any defects in the notice shall not invalidate the proceedings. For the purpose
of giving mailed notice, owners shall be those shown to be such on the records of the
county auditor or, in any county where tax statements are mailed by the county trea-
surer, on the records of the county treasurer; but other appropriate records may be used
for this purpose. However, as to properties which are tax exempt or subject to taxation
on a gross earnings basis and are not listed on the records of the county auditor or the
county treasurer, the owners thereof shall be ascertained by any practicable means and
mailed notice shall be given them as herein provided. Prior to the adoption of such res-
olution, the council shall secure from the city engineer or some competent person of
its selection a report advising it in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed or in con-
nection with some other improvement and the estimated cost of the improvement as
recommended; but no error or omission in such report shall invalidate the proceeding
unless it materially prejudices the interests of an owner. The council may also take such
other steps prior to the hearing, including, among other things, the preparation of plans
and specifications and the advertisement for bids thereon, as will in its judgment pro-
vide helpful information in determining the desirability and feasibility of the improve-
ment. The hearing may be adjourned from time to time and a resolution ordering the
improvement may be adopted at any time within six months after the date of the hear-
ing by vote of a majority of all members of the council when the improvement has been
petitioned for by the owners of not less than 35 percent in frontage of the real property
abutting on the streets named in the petition as the location of the improvement. When
there has been no such petition, the resolution may be adopted only by vote of four -
fifths of all members of the council; provided that if the mayor of the municipality is
a member of the council but has no vote or votes only in case of a tie, the mayor shall
not be deemed to be a member for the purpose of determining such four -fifths majority
vote. The resolution ordering the improvement may reduce, but not increase the extent
of the improvement as stated in the notice of hearing.
Subd. 2. Approval by park board or utilities commission. A resolution ordering a
park improvement may be adopted only by a four -fifths vote of the council and shall
also be approved by the park board, if there is one; provided, that if the mayor of the
municipality is a member of the council but has no vote or votes only in case of a tie,
the mayor shall not be deemed to be a member for the purpose of determining such
four -fifths majority vote. A resolution ordering an improvement of the water, sewer,
steam heating, street lighting or other facility over which a utilities commission has
jurisdiction shall also be approved by the utilities commission.
Subd. 3. Petition by all owners. Whenever all owners of real property abutting
upon any street named as the location of any improvement shall petition the council
to construct the improvement and to assess the entire cost against their property, the
council may, without a public hearing, adopt a resolution determining such fact and
ordering the improvement. The validity of the resolution shall not be questioned by any
taxpayer or property owner or the municipality unless an action for that purpose is
commenced within 30 days after adoption of the resolution as provided in section
429.036. Nothing herein prevents any property owner from questioning the amount or
validity of the special assessment against the owner's property pursuant to section
429.081. In the case of a petition for the municipality to own and install a fire protec-
tion system, a pedestrian skyway system, or on -site water contaminant improvements,
the petition must contain or be accompanied by an undertaking satisfactory to the city
by the petitioner that the petitioner will grant the municipality the necessary property
interest in the building to permit the city to enter upon the property and the building
to construct, maintain, and operate the fire protection system, pedestrian skyway sys-
tem, or on -site water contaminant improvements. In the case of a petition for the instal-
lation of a privately owned fire protection system, a privately owned pedestrian skyway
system, or privately owned on -site water contaminant improvements, the petition shall
429.031 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 650
contain the plans and specifications for the improvement, the estimated cost of the
improvement and a statement indicating whether the city or the owner will contract
for the construction of the improvement. If the owner is contracting for the construc-
tion of the improvement, the city shall not approve the petition until it has reviewed
and approved the plans, specifications, and cost estimates contained in the petition.
The construction cost financed under section 429.091 shall not exceed the amount of
the cost estimate contained in the petition. In the case of a petition for the installation
of a fire protection system, a pedestrian skyway system, or on -site water contaminant
improvements, the petitioner may request abandonment of the improvement at any
time after it has been ordered pursuant to subdivision 1 and before contracts have been
awarded for the construction of the improvement under section 429.041, subdivision
2. If such a request is received, the city council shall abandon the proceedings but in
such case the petitioner shall reimburse the city for any and all expenses incurred by
the city in connection with the improvement.
History: 1953 c 398 s 3; 1955 c 811 s 1; 1957 c 430 s 1; 1961 c 525 s 1,2; 1963 c 771
s 1; 1965 c 877 s 2; 1967 c 57 s 1,2; 1973 c 123 art 5 s 7; 1984 c 548 s 5; 1984 c 582 s
4; 1984 c 591 s 3; 1984 c 633 s 3; 1986 c 444; 1994 c 614 s 6
429.035 IMPROVEMENTS, PETITION.
When any petition for the making of any improvement in any statutory city, town,
or city of the second, third, or fourth class, however organized, for the cost of which
special assessments may be, in whole or in part, levied therefor, is presented to the gov-
erning body of the municipality, this body shall, by resolution, determine whether or
not the petition has been signed by the required percentage of owners of property
affected thereby.
History: (1918-33) 1927 c 311 s 1; 1953 c 398 s 12; 1961 c 338 s 2; 1973 c 123 art
5 s 7
429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION.
Any person, being aggrieved by this determination, may appeal to the district court
of the county in which the property is located by serving upon the clerk of the munici-
pality, within 30 days after the adoption and publication of the resolution, a notice of
appeal briefly stating the grounds of appeal and giving a bond in the penal sum of $250,
in which the municipality shall be named as obligee, to be approved by the clerk of the
municipality, conditioned that the appellant will duly prosecute the appeal, pay all
costs and disbursements which may be adjudged against the appellant, and abide by
the order of the court. The clerk shall furnish the appellant a certified copy of the peti-
tion, or any part thereof, on being paid by appellant of the proper charges therefor. The
appeal shall be placed upon the calendar of the next general term commencing more
than 30 days after the date of serving the notice and filing the bond and shall be tried
as are other appeals in such cases. Unless reversed upon the appeal, the determination
of the governing body as to the sufficiency of the petition shall be final and conclusive.
History: (1918-34) 1927 c 311 s 2; 1986 c 444
429.04 [Repealed, 1953 c 398 s 13]
429.041 COUNCIL PROCEDURE.
Subdivision 1. Plans and specifications, advertisement for bids. When the council
determines to make any improvement, it shall let the contract for all or part of the work,
or order all or part of the work done by day labor or otherwise as authorized by subdivi-
sion 2, no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution order-
ing the improvement. The council shall cause plans and specifications of the improve-
ment to be made, or if previously made, to be modified, if necessary, and to be
approved and filed with the clerk, and if the estimated cost exceeds $25,000, shall
advertise for bids for the improvement in the newspaper and such other papers and for
651
LOCAL IMPROVEMENTS, SPECIAL ASSFSSMENTS 429.041
such length of time as it may deem advisable. If the estimated cost exceeds $100,000,
publication shall be made no less than three weeks before the last day for submission
of bids once in the newspaper and at least once in either a newspaper published in a
city of the first class or a trade paper. To be eligible as such a trade paper, a publication
shall have all the qualifications of a legal newspaper except that instead of the require-
ment that it shall contain general and local news, such trade paper shall contain build-
ing and construction news of interest to contractors in this state, among whom it shall
have a general circulation. The advertisement shall specify the work to be done, shall
state the time when the bids will be publicly opened for consideration by the council,
which shall be not less than ten days after the first publication of the advertisement
when the estimated cost is less than $100,000 and not less than three weeks after such
publication in other cases, and shall state that no bids will be considered unless sealed
and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond,
or certified check payable to the clerk, for such percentage of the amount of the bid as
the council may specify. In providing for the advertisement for bids the council may
direct that the bids shall be opened publicly by two or more designated officers or agents
of the municipality and tabulated in advance of the meeting at which they are to be con-
sidered by the council. Nothing herein shall prevent the council from advertising sepa-
rately for various portions of the work involved in an improvement, or from itself,
supplying by such means as may be otherwise authorized by law, all or any part of the
materials, supplies, or equipment to be used in the improvement or from combining
two or more improvements in a single set of plans and specifications or a single con-
tract.
Subd. 2. Contracts; day labor. In contracting for an improvement, the council shall
require the execution of one or more written contracts and bonds, conditioned as
required by law. The council shall award the contract to the lowest responsible bidder
or it may reject all bids. If any bidder to whom a contract is awarded fails to enter
promptly into a written contract and to furnish the required bond, the defaulting bidder
shall forfeit to the municipality the amount of the defaulter's cash deposit, cashier's
check, bid bond, or certified check, and the council may thereupon award the contract
to the next lowest responsible bidder. When it appears to the council that the cost of
the entire work projected will be less than $25,000, or whenever no bid is submitted
after proper advertisement or the only bids submitted are higher than the engineer's
estimate, the council may advertise for new bids or, without advertising for bids,
directly purchase the materials for the work and do it by the employment of day labor
or in any other manner the council considers proper. The council may have the work
supervised by the city engineer or other qualified person but shall have the work super-
vised by a registered engineer if done by day labor and it appears to the council that
the entire cost of all work and materials for the improvement will be more than
$10,000. In case of improper construction or unreasonable delay in the prosecution of
the work by the contractor, the council may order and cause the suspension of the work
at any time and relet the contract, or order a reconstruction of any portion of the work
improperly done, and where the cost of completion or reconstruction necessary will be
less than $25,000, the council may do it by the employment of day labor.
Subd. 3. Day labor; detailed report. When the council has performed construction
work by day labor, it shall cause a detailed report to be filed with the clerk and certified
by the registered engineer or other person in charge, if there is no registered engineer.
The report shall show:
(a) the complete cost of the construction;
(b) final quantities of the various units of work done;
(c) materials furnished for the project and the cost of each item thereof;
(d) cost of labor, cost of equipment hired, and supervisory costs.
The report shall have attached a certificate by the registered engineer or other per-
son in charge that the work was done according to the plans and specifications, or, if
there were any deviations from them, an itemized statement of those deviations.
Subd. 4. Alternate procedure on street improvements. As to any improvement or
429.041 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
652
improvements consisting of grading, graveling, or bituminous surfacing of streets and
alleys, the council may proceed in the manner provided in this chapter, except that it
may
(1) order the work done by day labor, regardless of the estimated cost of such
improvement or improvements, and
(2) use municipal equipment or hire equipment and purchase materials for all
such improvements to be done by day labor in any 12-month period by advertising once
therefor, such advertisement to call for bids for the furnishing of equipment, if the
municipality does not use its own equipment, and for materials at unit prices based on
the quantities which the council estimates will be required.
(3) contract at one time on a unit price basis for part or all of the street improve-
ments to be constructed by the municipality during the current year, including
improvements which may thereafter be ordered constructed.
Subd. 5. Cooperation with state or local government. When an improvement is
made under a cooperative agreement with the state or another political subdivision by
the terms of which the state or other subdivision is to construct or contract to construct
the improvement, it shall not be necessary to comply with subdivisions 1 and 2.
Subd. 6. Percentage payment on engineer's estimate. In case the contractor prop-
erly performs the work, the council shall, from month to month before completion of
the work, pay the contractor not to exceed 95 percent of the amount already earned
under the contract, upon the estimate of the engineer or other competent person
selected by the council, and the contract shall so provide, and shall further agree that
when the work is 95 percent or more completed upon the recommendation of the engi-
neer such portions of the retained price shall be released as the governing body of the
municipality determines are not required to be retained to protect the municipality's
interest in satisfactory completion of the contract. Failure to pay any amount due and
payable under the terms of the contract within 30 days of a monthly estimate or 90 days
after the final estimate of the amount earned shall obligate the municipality to pay to
the contractor simple interest on the past due amount at an annual rate equal to the
monthly index of long term United States bond yields for the month prior to the month
in which this obligation is incurred plus an additional one percent per annum. Interest
shall not be imposed with respect to any amount which a municipality may legally with-
hold as a result of breach of contract or other contractual claim or if the delay is caused
by the contractor.
Subd. 7. Modification of contracts. After work has been commenced on an
improvement undertaken pursuant to a contract awarded on a unit price basis the coun-
cil may, without advertising for bids, authorize changes in the contract so as to include
additional units of work at the same unit price if the cost of the additional work does
not exceed 25 percent of the original contract price. Original contract price means that
figure determined by multiplying the estimated number of units required by the unit
price.
History: 1953 c 398 s 4; 1957 c 430 s 2, 3; 1961 c 525 s 3,4; 1973 c 123 art 5 s 7; 1976
c 156 s 1; 1977 c 278 s 1; 1978 c 518 s 2; 1980 c 464 s 8; 1985 c 174 s 3; 1986 c 444; 1993
c 38 s 1,2
NOTE: See section 471.345.
429.05 [Repealed, 1953 c 398 s 13 subd 1]
429.051 APPORTIONMENT OF COST.
The cost of any improvement, or any part thereof, may be assessed upon property
benefited by the improvement, based upon the benefits received, whether or not the
property abuts on the improvement and whether or not any part of the cost of the
improvement is paid from the county state -aid highway fund, the municipal state -aid
street fund, or the trunk highway fund. The area assessed may be less than but may not
exceed the area proposed to be assessed as stated in the notice of hearing on the
improvement, except as provided below. The municipality may pay such portion of the
653 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.061
cost of the improvement as the council may determine from general ad valorem tax lev-
ies or from other revenues or funds of the municipality available for the purpose. The
municipality may subsequently reimburse itself for all or any of the portion of the cost
of a water, storm sewer, or sanitary sewer improvement so paid by levying additional
assessments upon any properties abutting on but not previously assessed for the
improvement, on notice and hearing as provided for the assessments initially made. To
the extent that such an improvement benefits nonabutting properties which may be
served by the improvement when one or more later extensions or improvements are
made but which are not initially assessed therefor, the municipality may also reimburse
itself by adding all or any of the portion of the cost so paid to the assessments levied
for any of such later extensions or improvements, provided that notice that such addi-
tional amount will be assessed is included in the notice of hearing on the making of such
extensions or improvements. The additional assessments herein authorized may be
made whether or not the properties assessed were included in the area described in the
notice of hearing on the making of the original improvement.
In any city of the fourth class electing to proceed under a home rule charter as pro-
vided in this chapter, which charter provides for a board of water commissioners and
authorizes such board to assess a water frontage tax to defray the cost of construction
of water mains, such board may assess the tax based upon the benefits received and
without regard to any charter limitation on the amount that may be assessed for each
lineal foot of property abutting on the water main. The water frontage tax shall be
imposed according to the procedure and, except as herein provided, subject to the limi-
tations of the charter of the city.
History: 1953 c 398 s 5; 1955 c 842 s 1; 1957 c 40 s 1; 1959 c 490 s 1; 1961 c 286
sl
429.06 [Repealed, 1953 c 398 s 13 subd 1]
429.061 ASSESSMENT PROCEDURE.
Subdivision 1. Calculation, notice. At any time after the expense incurred or to be
incurred in making an improvement shall be calculated under the direction of the coun-
cil, the council shall determine by resolution the amount of the total expense the munic-
ipality will pay, other than the amount, if any, which it will pay as a property owner,
and the amount to be assessed. If a county proposes to assess within the boundaries of
a city for a county state -aid highway or county highway, including curbs, gutters, and
storm sewers, the resolution must include the portion of the cost proposed to be
assessed within the city. The county shall forward the resolution to the city and it may
not proceed with the assessment procedure nor may the county allocate any cost under
this section for property within the city unless the city council adopts the resolution
approving the assessment. Thereupon the clerk, with the assistance of the engineer or
other qualified person selected by the council, shall calculate the proper amount to be
specially assessed for the improvement against every assessable lot, piece or parcel of
land, without regard to cash valuation, in accordance with the provisions of section
429.051. The proposed assessment roll shall be filed with the clerk and be open to pub-
lic inspection. The clerk shall thereupon, under the council's direction, publish notice
that the council will meet to consider the proposed assessment. Such notice shall be
published in the newspaper at least once and shall be mailed to the owner of each parcel
described in the assessment roll. For the purpose of giving mailed notice under this sub-
division, owners shall be those shown to be such on the records of the county auditor
or, in any county where tax statements are mailed by the county treasurer, on the rec-
ords of the county treasurer; but other appropriate records may be used for this pur-
pose. Such publication and mailing shall be no less than two weeks prior to such meet-
ing of the council. Except as to the owners of tax exempt property or property taxes on
a gross earnings basis, every property owner whose name does not appear on the rec-
ords of the county auditor or the county treasurer shall be deemed to have waived such
mailed notice unless the owner has requested in writing that the county auditor or
429.061 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
county treasurer, as the case may be, include the name on the records for such purpose.
Such notice shall state the date, time, and place of such meeting, the general nature of
the improvement, the area proposed to be assessed, the total amount of the proposed
assessment, that the proposed assessment roll is on the file with the clerk, and that writ_
ten or oral objections thereto by any property owner will be considered. The notice
must also state that no appeal may be taken as to the amount of any assessment adopted
pursuant to subdivision 2, unless a written objection signed by the affected property
owner is filed with the municipal clerk prior to the assessment hearing or presented to
the presiding officer at the hearing. The notice shall also state that an owner may appeal
an assessment to district court pursuant to section 429.081 by serving notice of the
appeal upon the mayor or clerk of the municipality within 30 days after the adoption
of the assessment and filing such notice with the district court within ten days after ser-
vice upon the mayor or clerk. The notice shall also inform property owners of the provi-
sions of sections 435.193 to 435.195 and the existence of any deferment procedure
established pursuant thereto in the municipality. In addition, the notice mailed to the
owner must state in clear language the following information:
(1) the amount to be specially assessed against that particular lot, piece, or parcel
of land;
(2) adoption by the council of the proposed assessment may be taken at the hear-
ing;
(3) the right of the property owner to prepay the entire assessment and the person
to whom prepayment must be made;
(4) whether partial prepayment of the assessment has been authorized by ordi-
nance;
(5) the time within which prepayment may be made without the assessment of
interest; and
(6) the rate of interest to be accrued if the assessment is not prepaid within the
required time period.
Subd. 2. Adoption; interest. At such meeting or at any adjournment thereof the
council shall hear and pass upon all objections to the proposed assessment, whether pre-
sented orally or in writing. The council may amend the proposed assessment as to any
parcel and by resolution adopt the same as the special assessment against the lands
named in the assessment roll. Notice of any adjournment of the hearing shall be ade-
quate if the minutes of the meeting so adjourned show the time and place when and
where the hearing is to be continued.
The council may consider any objection to the amount of a proposed assessment
as to a specific parcel of land at an adjourned hearing upon further notice to the affected
property owner as it deems advisable. At the adjourned hearing the council or a com-
mittee of it may hear further written or oral testimony on behalf of the objecting prop-
erty owner and may consider further written or oral testimony from appropriate city
officials and other witnesses as to the amount of the assessment. The council or commit-
tee shall prepare a record of the proceedings at the adjourned hearing and written find-
ings as to the amount of the assessment. The amount of the assessment as finally
determined by the council shall become a part of the adopted assessment roll. No
appeal may be taken as to the amount of any assessment adopted under this section
unless written objection signed by the affected property owner is filed with the munici-
pal clerk prior to the assessment hearing or presented to the presiding officer at the hear-
ing. All objections to the assessments not received at the assessment hearing in the
manner prescribed by this subdivision are waived, unless the failure to object at the
assessment hearing is due to a reasonable cause.
If the adopted assessment differs from the proposed assessment as to any particular
lot, piece, or parcel of land, the clerk must mail to the owner a notice stating the amount
of the adopted assessment. Owners must also be notified by mail of any changes
adopted by the council in interest rates or prepayment requirements from those con-
tained in the notice of the proposed assessment.
655 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.061
The assessment, with accruing interest, shall be a lien upon all private and public
property included therein, from the date of the resolution adopting the assessment, con-
current with general taxes; but the lien shall not be enforceable against public property
as long as it is publicly owned, and during such period the assessment shall be recover-
able from the owner of such property only in the manner and to the extent provided
in section 435.19. Unless otherwise provided in the resolution, all assessments shall be
payable in equal annual installments extending over such period, not exceeding 30
years, as the resolution determines, payable on the first Monday in January in each
year, but the number of installments need not be uniform for all assessments included
in a single assessment roll if a uniform criterion for determining the number of install-
ments is provided by the resolution. Assessments on property located in a targeted
neighborhood as defined in Laws 1987, chapter 386, article 6, section 4, may be payable
in variable annual installments if the resolution provides for a variable payment. The
first installment of each assessment shall be included in the first tax rolls completed
after its adoption and shall be payable in the same year as the taxes contained therein;
except that the payment of the first installment of any assessment levied upon unim-
proved property may be deferred until a designated future year, or until the platting
of the property or the construction of improvements thereon, upon such terms and con-
ditions and based upon such standards and criteria as may be provided by resolution
of the council. If special assessments against the property have been deferred pursuant
to this subdivision, the governmental unit shall file with the county recorder in the
county in which the property is located a certificate containing the legal description of
the affected property and of the amount deferred. In any event, every assessment the
payment of which is so deferred, when it becomes payable, shall be divided into a num-
ber of installments such that the last installment thereof will be payable not more than
30 years after the levy of the assessment. All assessments shall bear interest at such rate
as the resolution determines. To the first installment of each assessment shall be added
interest on the entire assessment from a date specified in the resolution levying the
assessment, not earlier than the date of the resolution, until December 31 of the year
in which the first installment is payable, and to each subsequent installment shall be
added interest for one year on all unpaid installments; or alternatively, any assessment
may be made payable in equal annual installments including principal and interest,
each in the amount annually required to pay the principal over such period with interest
at such rate as the resolution determines, not exceeding the maximum period and rate
specified above. In the latter event no prepayment shall be accepted under subdivision
3 without payment of all installments due to and including December 31 of the year
of prepayment, together with the original principal amount reduced only by the
amounts of principal included in such installments, computed on an annual amortiza-
tion basis. When payment of an assessment is deferred, as authorized in this subdivi-
sion, interest thereon for the period of deferment may be made payable annually at the
same times as the principal installments of the assessment would have been payable if
not deferred; or interest for this period may be added to the principal amount of the
assessment when it becomes payable; or, if so provided in the resolution levying the
assessment, interest thereon to December 31 of the year before the first installment is
payable may be forgiven.
Subd. 3. Transmitted to auditor, prepayment. After the adoption of the assessment,
the clerk shall transmit a certified duplicate of the assessment roll with each installment,
including interest, set forth separately to the county auditor of the county to be
extended on the proper tax lists of the county; but in lieu of such certification, the coun-
cil may in its discretion direct the clerk to file all assessment rolls in the clerk's office
and to certify annually to the county auditor, on or before November 30 in each year,
the total amount of installments of and interest on assessments on each parcel of land
in the municipality which are to become due in the following year. If any installment
and interest has not been so certified prior to the year when it is due, the clerk shall
forthwith certify the same to the county auditor for collection in the then succeeding
year; and if the municipality has issued improvement warrants to finance the improve-
ment, it shall pay out of its general funds into the fund of the improvement interest on
429.061 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
656
the then unpaid balance of the assessment for the year or years during which the collec-
tion of such installment is postponed. All assessments and interest thereon shall be col-
lected and paid over in the same manner as other municipal taxes. The owner of any
property so assessed may, at any time prior to certification of the assessment or the first
installment thereof to the county auditor, pay the whole of the assessment on such prop-
erty, with interest accrued to the date of payment, to the municipal treasurer, except
that no interest shall be charged if the entire assessment is paid within 30 days from
the adoption thereof; and, except as hereinafter provided, the owner may at any time
prior to November 15 of any year, prepay to the treasurer of the municipality having
levied said assessments, the whole assessment remaining due with interest accrued to
December 31 of the year in which said prepayment is made. If the assessment roll is
retained by the municipal clerk, the installment and interest in process of collection on
the current tax list shall be paid to the county treasurer and the remaining principal bal-
ance of the assessment, if paid, shall be paid to the municipal treasurer. The council
may by ordinance authorize the partial prepayment of assessments, in such manner as
the ordinance may provide, prior to certification of the assessment or the first install-
ment thereof to the county auditor.
Subd. 4. Collection, tax exempt property. On the confirmation of any assessments
the clerk shall mail to the county auditor a notice specifying the amount payable by any
county, to the clerk or recorder of any other political subdivision a notice specifying
the amount payable by the political subdivision and to the owner of any right-of-way,
at its principal office in the state, a notice specifying the amount payable on account
of any right-of-way. The amount payable on account of any right-of-way or public prop-
erty shall be payable to the municipality's treasurer and shall be payable in like install-
ments and with like interest and penalties as provided for in reference to the
installments payable on account of assessable real property, except that interest accru-
ing shall not begin to run until the notice provided in this subdivision has been properly
given and 30 days thereafter have elapsed. The governing body of any such political
subdivision shall provide for the payment of these amounts and shall take appropriate
action to that end. If the assessment is not paid in a single installment, the municipal
treasurer shall annually mail to the owner of any right-of-way and, as long as the prop-
erty is publicly owned, to the owner of any public property a notice stating that an
installment is due and should be paid to the municipal treasurer of the municipality
which levied the special assessment. The municipality may collect the amount due on
account of the right-of-way of any railroad or privately owned public utility by distress
and sale of personal property in the manner provided by law in case of taxes levied upon
personal property or by suit brought to enforce the collection of this indebtedness
unless a different method of collecting such amounts is provided for by any contract
between the owner of any right-of-way and the municipality.
Subd. 5. Special assessments; administrative expenses. Notwithstanding any gen-
eral or special law to the contrary, a municipality shall pay to the county auditor all
administrative expenses incurred by the county under subdivision 3 for each special
assessment of any local improvement certified by the municipality to the county audi-
tor.
History: 1953 c 398 s 6; 1955 c 811 s 2; 1957 c 510 s 2; 1957 c 699 s 1; 1961 c 77
s 1; 1961 c 525 s 5-7; 1963 c 771 s 2-4; 1965 c 877 s 3; 1969 c 1045 s 1; 1969 c 1095 s
1; 1974 c 314 s 2; 1976 c 195 s 2; 1976 c 324 s 18; 1980 c 509 s 164; 1980 c 560 s 5; 1980
c 607 art 11 s 1,2; 1984 c 478 s 2; 1984 c 543 s 50; 1Sp1985 c 16 art 1 s 3; 1986 c 315
s 2; 1986 c 444; 1986 c 473 s 10,11; 1987 c 344 s 3; 1987 c 386 art 6 s 2; 1991 c 342 s
8; 1993 c 375 art 5 s 33; art 17 s 17
NOTE: See also section 435.19.
429.07 [Repealed, 1953 c 398 s 13]
429.071 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT.
Subdivision 1. Supplemental assessments. The council may make supplemental
assessments to correct omissions, errors, or mistakes in the assessment relating to the
657 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.081
total cost of the improvement or any other particular. A supplemental assessment shall
be preceded by personal or mailed notice to the owner of each parcel included in the
supplemental assessment and a hearing as provided for the original assessment.
Subd. 2. Reassessment. When an assessment is, for any reason whatever, set aside
by a court of competent jurisdiction as to any parcel or parcels of land, or in event the
council finds that the assessment or any part thereof is excessive or determines on
advice of the municipal attorney that the assessment or proposed assessment or any
part thereof is or may be invalid for any reason, the council may, upon notice and hear-
ing as provided for the original assessment, make a reassessment or a new assessment
as to such parcel or parcels.
Subd. 3. Reapportionment upon land division. When a tract of land against which
a special assessment has been levied is thereafter divided or subdivided by plat or other-
wise, the council may, on application of the owner of any part of the tract or on its own
motion equitably apportion among the various lots or parcels in the tract all the install-
ments of the assessment against the tract remaining unpaid and not then due if it deter-
mines that such apportionment will not materially impair collection of the unpaid
balance of the original assessment against the tract. The council may, and if the special
assessment has been pledged to the payment of improvement warrants shall, require
the owner or owners, as a condition of such apportionment, to furnish a satisfactory
surety bond fully protecting the municipality against any loss resulting from failure to
pay any part of the reapportionment assessment when due. Notice of such apportion-
ment and of the right to appeal shall be mailed to or personally served upon all owners
of any part of the tract. Within 30 days after the mailing or service of the notice of such
apportionment any such owner may appeal as provided in section 429.081.
Subd. 4. Reassessment, tax -forfeited land. When a parcel of tax -forfeited land is
returned to private ownership and the parcel is benefited by an improvement for which
special assessments were canceled because of the forfeiture, the municipality that made
the improvement may, upon notice and hearing as provided for the original assessment,
make a reassessment or a new assessment as to the parcel in an amount equal to the
amount remaining unpaid on the original assessment.
History: 1953 c 398 s 7; 1957 c 366 s 1; 1961 c 525 s 8; 1965 c 877 s 4; 1976 c 259
s1
429.08 [Repealed, 1953 c 398 s 13 subd 1]
429.081 APPEAL TO DISTRICT COURT.
Within 30 days after the adoption of the assessment, any person aggrieved, who
is not precluded by failure to object prior to or at the assessment hearing, or whose fail-
ure to so object is due to a reasonable cause, may appeal to the district court by serving
a notice upon the mayor or clerk of the municipality. The notice shall be filed with the
court administrator of the district court within ten days after its service. The municipal
clerk shall furnish appellant a certified copy of objections filed in the assessment pro-
ceedings, the assessment roll or part complained of, and all papers necessary to present
the appeal. The appeal shall be placed upon the calendar of the next general term com-
mencing more than five days after the date of serving the notice and shall be tried as
other appeals in such cases. The court shall either affirm the assessment or set it aside
and order a reassessment as provided in section 429.071, subdivision 2. If appellant
does not prevail upon the appeal, the costs incurred shall be taxed by the court and judg-
ment entered therefor. All objections to the assessment shall be deemed waived unless
presented on such appeal. This section provides the exclusive method of appeal from
a special assessment levied pursuant to this chapter.
History: 1953 c 398 s 8; 1961 c 525 s 9; 1978 c 749 s 2; 1980 c 607 art 11 s 3; 1Sp1986
c 3 art 1 s 82
429.09 [Repealed, 1953 c 398 s 13]
429.091 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
658
429.091 FINANCING.
Subdivision 1. Authority. At any time after one or more improvements are ordered
as contemplated in section 429.031, the council may issue obligations in such amount
as it deems necessary to defray in whole or in part the expense incurred and estimated
to be incurred in making the improvement or improvements, including every item of
cost of the kinds authorized in section 475.65. In the event of any omission, error, or
mistake in any of the proceedings required precedent to the ordering of any improve_
ment, the validity of the obligations shall not be affected thereby. The council shall
cause all further actions and proceedings to be taken with due diligence that are
required for the construction of each improvement financed wholly or partly from the
proceeds of obligations issued hereunder, and for the final and valid levy of special
assessments and the appropriation of any other funds needed to pay the obligations and
interest thereon when due.
Subd. 2. Types of obligations permitted. The council may by resolution adopted
prior to the sale of obligations pledge the full faith, credit, and taxing power of the
municipality for the payment of the principal and interest. Such obligations shall be
called improvement bonds and the council shall pay the principal and interest out of
any fund of the municipality when the amount credited to the specified fund is insuffi-
cient for the purpose and shall each year levy a sufficient amount to take care of accu-
mulated or anticipated deficiencies, which levy shall not be subject to any statutory or
charter tax limitation. Obligations for the payment of which the full faith and credit
of the municipality is not pledged shall be called assessment revenue notes or, in the
case of bonds for fire protection, revenue bonds and shall contain a promise to pay
solely out of the proper special fund or funds pledged to their payment. It shall be the
duty of the municipal treasurer to pay maturing principal and interest on warrants or
revenue bonds out of funds on hand in the proper funds and not otherwise.
Subd. 3. Method of issuance. All obligations shall be issued in accordance with the
provisions of chapter 475, except as provided in this subdivision.
An election shall be required for bonds if less than 20 percent of the cost of the
improvement to the municipality is to be assessed against benefited property.
If the full faith, credit, and taxing power of the municipality is not pledged and the
bonds are issued to finance a fire protection system, a public sale shall not be required
and the obligations may
(a) mature at any time or times within 30 years from date of issue,
(b) mature in the amount or amounts,
(c) be sold at a price equal to the percentage of their par value, plus accrued inter-
est, and
(d) bear interest at the rate or rates,
as agreed by the purchaser and the municipality, notwithstanding any limitation of
interest rate or cost or of the amounts of annual maturities contained in any other law.
The maturities shall be such as in the opinion of the council are warranted by the
anticipated collections of assessments and ad valorem levies for the municipality's
share of the cost; except that the council may in its discretion issue and sell temporary
improvement bonds maturing and subject to further conditions as set forth in subdivi-
sion 5. All obligations shall state upon their face the purpose of the issue and the fund
from which they are payable. The amount of any obligations issued hereunder shall not
be included in determining the net indebtedness of any municipality under the provi-
sions of any law limiting such indebtedness.
Subd. 4. Funds. The proceeds from the sale of each issue of obligations and from
collections of special assessments levied and other moneys appropriated for each
improvement to be financed wholly or partly from such proceeds shall be credited to
a separate construction fund which shall be used solely to defray expenses of such
improvements and payment of principal and interest due upon the obligations prior
to completion and payment of all costs of the improvements so financed. Any balance
of the proceeds of bonds remaining therein may be used to pay the cost, in whole or
659
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LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.091
659
in this
. A
arate
part, of any other improvement institutedto
expenditures fop each
accountt shall be maintained in the construction fund to re
improvement, and when the total cost thereof has b ennll paid
creditedallsus and paiollections
proveprovided
in of special assessments levied for the improvement tions issued to finance the improvement, as
debt service fund for the ilvied for i provements finan ed by an issue of obliga-
tionstn section 47 5.61. Any taxes
shall be credited directly to the debt e vices. fund. of the issuance of
Subd. 5. Temporary impr
ovement
improvement bonds, the council may by resolution issue and sell temporary improve-
ment bonds maturing
within not more than three years from their date of issue to pay
anr all of the cost of one or more improvements. cannot be paid when due from
of part o and interest on the temp orary improvement bondsu ose, from
of
they
receipts of special assessments, taxes, or other funds appropriated for the prP
shall be paid from the proceeds of imp ovement offer for sale ice dvance of theirmaturity
improvement bonds which the council shallimprovement bonds shall not be
but the indebtedness funded by an issue of temporary rvement bonds for more than six
extended by the issue of additional temporary improvement bonds
years from the date of the first issue. The holders of any temporary imp
respecting
have ande may enforce,
by mandamus or other appropriate proceedings, all rights
which are granted by law to holders of
the
respecting the levy and collection of sufficient special assessments and taxes to pay the
cost of the improvements e financed by improvement bonds
improvement bonds, except the right to require
the
tempo temporary collected parr to
P improvement bonds. maturity of the temporary require the issuance in exchangefor
improvement bonds maturing within one year from
are not paid in full at maturity, lamp rovers may and bearing them, at apar, of new temp other maturity limitation),
their date of issue (but not subject to any be
inter-
est at the maximum rate permitted by
provisions Subd. 6. Investment of other municipalobonds in accordance with the municipality may only
invested in its temporary improvement bpurchased o y
sec-
tion 471.56, and may be purchased upon their initial issue, but shall be p purposes before
If pur-
chased maturity
which theshall council dresoldibeforewill
maturity only in case of emergency. bonds may
the sedfrom date, and shall beimprovement holders
ofthose
bonds may
chased from a debt service fund securing
ns on the bonds, temporary holders of t
he
enforce the municipality's obligations improvement bonds. byres-
olution manner as if they held the temporary
Subd. 7. General obligation temporary improvement bonds. The council
ed emay
es-
to the sale of any temporary improvement bonds p g
full
olution adopted priorpayment of the principal and
faith, credit, and taxing power of the municipality for the
their curtn temporary improvement
st in addition to all provisions made for security in subdivision 5. In this
interest,
event the bonds shall be designated as general bonds, and the council shall levy taxes for their payment in accordance with section
475.61. Proceeds of improvement bonds or temp
orary improvement bonds not yet sold
may
be treated as pledged revenues, in reduction o of the tax
ox otherwise required by sec-
tion 475.61 to be levied prior to delivery r b resolution establish a revoly-
Subd. 7a. Revolving fund bonds. The coumprovement or any waterworks systems,
may ing fund for the payment of the costs of any
sewer systems, or storm sewer systems described thereof section
to 444.075obligationsanfrtespay-
Ythe c con-
ued
struction of any obligations issued to pay
stfor ctio purpo
ses. The council may create within the revolving fund a separateobliga-
tions
proceeds of any special assessments collected with
deposit the proceeds ofany
struction account
from the fund, the he municipality may P storm
pt to any net revenues of a waterworks, sewer system, or
respect to improvement, any other available funds of the munici-
pality in the construction account may be used
sewery system describeddtoit. insection on de or any r storm sewer
to pay appropriated any Amounts on deposit
sewer system,
to the costs of improvement or any
system described in section 444.075. No funds may be expended for an improvement
429.091 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
unless at least 20 percent of the costs of each such improvement is to be assessed a
benefited property. No funds may be expended for a waterworks, sewer system
storm sewer system, other than a sewer system described in section 115.46, unless
council estimates that the costs will be recovered from the net revenues of the system
or any combined waterworks, sewer systems, or storm sewer systems operated by tv
municipality. The council may also create a separate debt service account within the
revolving fund for the payment of principal of and interest on any obligations payable
therefrom. Notwithstanding subdivision 4, the council is not required to pledge any
particular assessments or other revenues to the payment of the obligations. Collections
of special assessments or net revenues may be deposited in either the construction
account or the debt service account as the council or an officer designated by the council
may determine, having due regard for anticipated collections of special assessments
and net revenues from improvements or waterworks, sewer systems, or storm sewersys,
tems financed in whole or in part from the construction account, and taxes levied for
the payment of the obligations. The council may issue obligations that are payable prj.
marily from the debt service account for the purpose of providing funds to defray in
whole or in part any expenses incurred or estimated to be incurred in making the
improvement or improvements or in constructing the waterworks, sewer system, or
storm sewer system, including every item of cost of the kinds authorized by section
475.65, or to refund obligations previously issued under this section or section 115.46
or 444.075. The obligations may be general obligations to which the full faith and credit
of the municipality are pledged. If the special assessments to be levied and net revenues
estimated to be available for their payment are estimated to be at least 20 percent of
the principal amount of the obligations, the obligations may be issued without an elec-
tion and shall not be included in determining the net indebtedness of the municipality
under the provisions of any law limiting net indebtedness.
Subd. 8. Federal volume limitation act. Sections 474A.01 to 474A.21 apply to any
issuance of obligations under this section which are subject to limitation under a federal
volume limitation act as defined in section 474A.02, subdivision 9, or existing federal
tax law as defined in section 474A.02, subdivision 8.
History: 1953 c 398 s 9; 1955 c 811 s 3-5; 1957 c 385 s 1; 1965 c 877 s 5; 1976 c 324
s 19-21; 1981 c 171 s 1-4; 1984 c 548 s 6; 1984 c 582 s 5,6,23; 1984 c 591 s 4,5; 1984c
633 s 4; 1Sp1985 c 14 art 8 s 63; 1986 c 465 art 1 s 3; 1987 c 344 s 4,5; 1992 c 545 an
2s4
429.10 [Repealed, 1953 c 398 s 13]
429.101 SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST BENE-
FITED PROPERTY.
Subdivision 1. Ordinances. In addition to any other method authorized by law or
charter, the governing body of any municipality may provide for the collection of :
unpaid special charges for all or any part of the cost of
(a) snow, ice, or rubbish removal from sidewalks,
(b) weed elimination from streets or private property,
(c) removal or elimination of public health or safety hazards from private prop-
erty, excluding any structure included under the provisions of sections 463.15 to
463.26,
(d) installation or repair of water service lines, street sprinkling or other dust treat-
ment of streets,
(e) the trimming and care of trees and the removal of unsound trees from and
street,
(f) the treatment and removal of insect infested or diseased trees on private pro
erty, the repair of sidewalks and alleys,
(g) the operation of a street lighting system, or
(h) the operation and maintenance of a fire protection or a pedestrian skyway s
tem,
661 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.111
as a special assessment against the property benefited. The council may by ordi-
nance adopt regulations consistent with this section to make this authority effective,
including, at the option of the council, provisions for placing primary responsibility
upon the property owner or occupant to do the work personally(except in the case of
street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal
ighting
stem) upon
ice before the work is undertaken,
or the foroperation of a street collection from thelp opertyyowner or othertper on
and served of the charges when
due before unpaid charges are made a special assessment.
Subd. 2. Procedure for assessment. Any special assessment levied under subdivi-
sion 1 shall be payable in a single installment, or by up to ten equal annual installments
as the council may provide. With this exception, sections 429.061, 429.071, and
429.081 shall apply to assessments made under this section.
Subd. 3. Issuance of obligations. After a contract for any of the work enumerated
in subdivision 1 has been let, or the work commenced, the council may issue obligations
to defray the expense of any such work financed in whole or in part by special charges
and assessments imposed upon benefited property under this section. Section 429.091
shall apply to such obligations with the following modifications:
(1) Such obligations shall be payable not more than two years from the date of issu-
ance;
(2) The amount of such obligations issued
exceed the cost of such work during the ensuing
(3) A separate improvement fund shall be
vices referred to in subdivision 1 and financed
charges as well as special assessments and taxes
fund
at one time in a municipality shall not
six months as estimated by the council;
set up for each of the enumerated ser-
under this section. Proceeds of special
shall be credited to such improvement
History: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337
•
s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986
c 444
429.11 [Repealed, 1953 c 398 s 13]
429.111 CHARTER PROVISIONS, EFFECT.
Any city operating under a home rule charter may proceed either under this chap-
ter or under its charter in making an improvement unless a home rule charter or amend-
ment adopted after April 17, 1953, provides for making such improvement under this
chapter or under the charter exclusively.
History: 1953 c 398 s 11; 1955 c 811 s 7; 1976 c 44 s 39
429.12-429.18 [Repealed, 1953 c 398 s 13]
429.185 [Repealed, 1949 c 314 s 3]
429.19 [Renumbered 429.035]
429.20 [Renumbered 429.036]
429.21-429.29 [Repealed, 1953 c 398 s 13]
429.30 [Renumbered 435.36, subdivision 1]
429.31 [Renumbered 435.36, subd 2]