HF 1382

as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:31pm

A bill for an act
relating to local government; authorizing municipalities to issue obligations
without election for certain street improvements; amending Minnesota Statutes
2012, section 475.58, subdivision 3b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 475.58, subdivision 3b, is amended to read:

Subd. 3b.

Street reconstruction new text begin and bituminous overlays new text end .

(a) A municipality may,
without regard to the election requirement under subdivision 1, issue and sell obligations
for street reconstruction new text begin or bituminous overlays new text end , if the following conditions are met:

(1) the streets are reconstructed new text begin or overlaid new text end under a street reconstruction new text begin or overlay
new text end plan that describes the street reconstruction new text begin or overlay new text end to be financed, the estimated costs,
and any planned reconstruction new text begin or overlay new text end of other streets in the municipality over the
next five years, and the plan and issuance of the obligations has been approved by a vote
of all of the members of the governing body present at the meeting following a public
hearing for which notice has been published in the official newspaper at least ten days but
not more than 28 days prior to the hearing; and

(2) if a petition requesting a vote on the issuance is signed by voters equal to
five percent of the votes cast in the last municipal general election and is filed with the
municipal clerk within 30 days of the public hearing, the municipality may issue the bonds
only after obtaining the approval of a majority of the voters voting on the question of
the issuance of the obligations.

(b) Obligations issued under this subdivision are subject to the debt limit of the
municipality and are not excluded from net debt under section 475.51, subdivision 4.

(c) For purposes of this subdivision, street reconstruction new text begin and bituminous overlays
new text end includes utility replacement and relocation and other activities incidental to the street
reconstruction, turn lanes and other improvements having a substantial public safety
function, realignments, other modifications to intersect with state and county roads, and
the local share of state and county road projects.

(d) Except in the case of turn lanes, safety improvements, realignments, intersection
modifications, and the local share of state and county road projects, street reconstruction
new text begin and bituminous overlays new text end does not include the portion of project cost allocable to widening
a street or adding curbs and gutters where none previously existed.