2005 Minnesota Statutes

     165.12 Maintenance of bridge on town road.  

    Subdivision 1.    Duty of county when town fails.  When 
 it becomes necessary to reconstruct or repair a bridge on any 
 town road in any town or upon any town line in this state, and 
 the bridge is unsafe for travel or has been condemned by the 
 proper authorities, and the town or towns charged with the duty 
 of maintaining the bridge fail, neglect, or omit to construct, 
 reconstruct, or repair the same or provide for the expense or 
 cost of so constructing, reconstructing or repairing the same, 
 the county board of the county in which the town or towns are 
 located shall have the power and authority to reconstruct and 
 repair the bridge upon giving notice to the town board of the 
 town or towns of its intention to do so and fixing a time and 
 place for a hearing as to the necessity and advisability of the 
 reconstruction or repair.  

    Subd. 2.    Itemized statement.  When any county shall 
 have reconstructed or repaired any such bridge, the county board 
 shall prepare an itemized statement of the cost thereof.  The 
 original shall be filed with the county auditor.  Certified 
 copies shall be filed with the clerk of the town or towns 
 charged with the responsibility of maintaining the bridge.  If 
 two or more towns were responsible for the bridge the statement 
 shall also show the portion of the cost apportioned to each 
 town.  The proportion of the cost to be apportioned to each town 
 shall be determined at the hearing provided in subdivision 1.  

    Subd. 3.    Special tax.  The town clerk, upon receipt 
 of the statement, shall forthwith notify the several members of 
 the town board that a statement has been filed, and that a 
 meeting of the town board to act thereon will be held at a time 
 and place specified in the notice.  The meeting shall be held 
 not later than ten days after the filing of the statement.  The 
 town board shall meet at the time and place specified in the 
 notice so given by the clerk, and shall levy a special tax upon 
 all the taxable property of the town in an amount sufficient to 
 pay one-half of the amount expended by the county.  If two or 
 more towns were responsible for the bridge, each town shall levy 
 a tax in an amount sufficient to pay one-half of the cost 
 apportioned to it.  

    Subd. 4.    County auditor may levy if town board fails to 
 levy.  The tax so levied shall be certified to the county 
 auditor on or before October 15 next succeeding, and the county 
 auditor shall extend the same with other town taxes upon the tax 
 list of the town.  If the town board, for any reason, fails to 
 act as herein provided, the county auditor shall levy the tax 
 provided herein and shall extend the same with other town taxes 
 upon the tax list of the town.  

    Subd. 5.    Collection and payment.  The tax shall be 
 collected and the payment enforced in the same manner and 
 subject to the same penalties and interest as other town taxes.  
 When collected the tax shall be paid into the county treasury 
 and credited to the county road and bridge fund.  

    HIST: 1959 c 500 art 6 s 12