HF 1784

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to assessments; adding streets to those kinds
of improvements for which a municipality may
subsequently reimburse itself for earlier costs
incurred; amending Minnesota Statutes 2004, section
429.051.

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

Section 1.

Minnesota Statutes 2004, section 429.051, is
amended to read:

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 cost of the improvement as the council
may determine from general ad valorem tax levies 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 new text begin street, new text end 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 additional 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 provided 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 limitations of the charter of
the city.