as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 10:24am
A bill for an act
relating to drainage; modifying procedures for repairing drainage systems; amending
Minnesota Statutes 2016, section 103E.715, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 103E.715, subdivision 4, is amended to read:
(a) The drainage authority shall make findings and
order the repair to be made if:
(1) the drainage authority determines from the repair report and the evidence presented
that the repairs recommended are necessary for the best interests of the affected property
(2) the repair petition is signed by the owners of at least 26 percent of the property area
affected by and assessed for the original construction of the drainage system, and the drainage
authority determines that the drainage system is in need of repair so that it deleted text beginno longer servesdeleted text endnew text beginnew text end its original purpose and the cost of the repair will not exceed the total benefits
determined in the original drainage system proceedingnew text beginnew text end.
(b) The order must direct the auditor and the chair of the board or, for a joint county
drainage system, the auditors of the affected counties to proceed and prepare and award a
contract for the repair of the drainage system. The contract must be for the repair described
in the repair report and as determined necessary by the drainage authority, and be prepared
in the manner provided in this chapter for the original drainage system construction.