2005 Minnesota Statutes

     103D.635 Repairs and improvements exceeding normal 
  maintenance. 

    Subdivision 1.    Technical and cost specifications.  
 The managers shall order the engineer to prepare and submit to 
 the managers technical and cost specifications on the work 
 necessary to restore or improve the project to the desired level 
 of operating efficiency before ordering repairs other than 
 normal and routine maintenance if the engineer certifies to the 
 managers, in the annual report or otherwise, that: 

    (1) a project of the watershed district is in such a state 
 of disrepair that the project cannot be restored by normal and 
 routine maintenance to the same condition as when it was 
 originally constructed or subsequently improved; 

    (2) a ditch or channel must be widened or deepened; or 

    (3) a project of the watershed district must be altered or 
 improved to attain the level of operating efficiency 
 contemplated at the time of the original construction or 
 implementation.  

    Subd. 2.    Hearing.  The managers shall set a date for 
 a hearing on the report and give notice of the hearing in the 
 same manner as in the original proceeding on the construction of 
 the improvement after receiving the engineer's report.  

    Subd. 3.    Assessment.  (a) The managers may order the 
 repair or improvement and assess the cost against the benefited 
 properties if, after a hearing, the managers find that the 
 repair or improvement is in compliance with the plan, is 
 necessary to accomplish the purposes of this chapter, and that 
 the cost of the repair or improvement will not exceed its 
 benefits.  The cost of the repair or improvement shall be 
 apportioned and assessed pro rata upon all property that was 
 assessed for the construction or implementation of the project.  

    (b) A single levy for the repair or improvement may not 
 exceed the amount of benefits originally determined.  The 
 managers shall file a copy of the order for levy with the 
 auditor of each affected county.  The auditor shall extend the 
 levy against affected properties as in proceedings for the levy, 
 assessment, and collection of assessments in drainage 
 proceedings conducted under sections 103E.601 to 103E.631.  

    HIST: 1990 c 391 art 4 s 51; 1995 c 199 s 40,41