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HF 2037

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to highways; providing a remedy for town 
  1.3             roads that do not provide adequate turnaround space at 
  1.4             cul-de-sacs and dead ends; increasing amount that may 
  1.5             be spent on a town road by order of a county board; 
  1.6             amending Minnesota Statutes 1998, section 163.16, 
  1.7             subdivisions 1 and 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 163.16, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [COMPLAINT.] When a written complaint, 
  1.12  signed by five or more freeholders of any town is presented to 
  1.13  the county board stating that a described town road in or on the 
  1.14  line of the town has not been opened and constructed or is not 
  1.15  properly maintained, and because of such neglect is not 
  1.16  reasonably passable, or that the town road has been constructed 
  1.17  in such a manner as to fail to provide adequate turnaround space 
  1.18  at cul-de-sacs and dead ends, the county board by resolution, 
  1.19  shall fix a time and place for hearing the complaint.  The 
  1.20  county auditor shall mail a copy of the complaint, together with 
  1.21  notice of the time and place of hearing on the complaint, to the 
  1.22  town clerk.  All persons signing the complaint shall also be 
  1.23  notified of the time and place of the hearing by the county 
  1.24  auditor.  
  1.25     Sec. 2.  Minnesota Statutes 1998, section 163.16, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [DETERMINATION, STATEMENT OF COSTS, PAYMENT.] If 
  2.2   upon the hearing and investigation the county board shall be of 
  2.3   the opinion that the complaint is well founded, it shall by 
  2.4   resolution direct the town board to do such work or to make such 
  2.5   improvements as it shall deem necessary to put the road in a 
  2.6   passable condition, or to provide adequate turnaround space at 
  2.7   cul-de-sacs and dead ends.  The resolution shall specify 
  2.8   generally the work which is deemed necessary.  The county 
  2.9   auditor shall cause a copy of the resolution to be mailed to the 
  2.10  clerk of the town.  If the town for a period of 30 days after 
  2.11  the mailing of the notice, fails or neglects to do the work or 
  2.12  make the improvements set forth in the resolution, the county 
  2.13  board may cause the work to be done or the improvements made, 
  2.14  and the cost thereof shall be paid from the county road and 
  2.15  bridge fund; provided that no such work shall be performed by 
  2.16  the county when the cost thereof exceeds $3,000 $25,000 per mile.