HF 2677

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; modifying financial assistance limit for bridge
construction work for certain towns; authorizing towns to contract without
competitive bidding in certain circumstances; amending Minnesota Statutes
2004, sections 161.082, subdivision 2a; 471.345, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 161.082, subdivision 2a, is amended to
read:

Subd. 2a.

Town bridges and culverts; town road account.

(a) Money in the
town bridge account must be expended on town road bridge structures that are ten feet
or more in length and on town road culverts that replace existing town road bridges. In
addition, if the present bridge structure is less than ten feet in length but a hydrological
survey indicates that the replacement bridge structure or culvert must be ten feet or more
in length, then the bridge or culvert is eligible for replacement funds.

(b) In addition, if a culvert that replaces a deficient bridge is in a county
comprehensive water plan approved by the Board of Water and Soil Resources and the
Department of Natural Resources, the costs of the culvert and roadway grading other than
surfacing are eligible for replacement funds up to the cost of constructing a replacement
bridge.

(c) The expenditures on a bridge structure or culvert may be paid from the county
turnback account and may be for 100 percent of the cost of the replacement structure or
culvert or for 100 percent of the cost of rehabilitating the existing structure.

(d) The town bridge account may be used to pay the costs to abandon an existing
bridge that is deficient and in need of replacement, but where no replacement will be
made. It may also be used to pay the costs to construct a road or street to facilitate the
abandonment of an existing bridge determined by the commissioner to be deficient, if the
commissioner determines that construction of the road or street is more cost efficient
than replacing the existing bridge.

(e) When bridge approach construction work exceeds $10,000 in costs, or when
the county engineer determines that the cost of the replacement culverts alone will not
exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for
financial assistance from the town bridge account. Financial assistance shall be requested
by resolution of the county board and shall be limited to:

(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000;

(2) 100 percent of the cost of the replacement culverts when the cost does not
exceed $20,000 and the town board agrees to be responsible for all the other costs, which
may include costs for structural removal, installation, and permitting. The replacement
structure design and costs shall be approved and certified by the county engineer, but need
not be subsequently approved by the Department of Transportation; or

(3) 100 percent of all related engineering costs that exceed $10,000, or in the case
of towns with a net tax capacity of less than deleted text begin $200,000 deleted text end new text begin $300,000 new text end , 100 percent of the
engineering costs.

(f) Money in the town road account must be distributed as provided in section
162.081.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 471.345, is amended by adding a subdivision
to read:

new text begin Subd. 19. new text end

new text begin Town road construction and maintenance. new text end

new text begin Notwithstanding any
other procedural requirements of this section, a town may contract for the construction
or maintenance of a town road by agreeing to the terms of an existing contract between
a vendor and a county for road construction or maintenance on an adjoining road if
the existing county contract was made in conformance with all applicable procedural
requirements.
new text end