SF 327

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; requiring drainage 
  1.3             authorities rather than road authorities to be 
  1.4             responsible to maintain town road bridges and culverts 
  1.5             constructed on a drainage system; amending Minnesota 
  1.6             Statutes 1994, sections 103E.525, subdivision 2; 
  1.7             103E.701, subdivision 4; 164.13, subdivision 1; 
  1.8             165.02; and 165.12, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 103E.525, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [ROAD AUTHORITY RESPONSIBLE FOR CONSTRUCTION.] 
  1.13  (a) Bridges and culverts on public roads other than town roads 
  1.14  required by the construction or improvement of a drainage 
  1.15  project or system must be constructed and maintained by the road 
  1.16  authority responsible for keeping the road in repair, except 
  1.17  as otherwise provided in this section. 
  1.18     (b) Bridges and culverts on town roads required by the 
  1.19  construction or improvement of a drainage project or system must 
  1.20  be constructed and maintained by the drainage authority for the 
  1.21  project or system, except as otherwise provided in this section. 
  1.22     Sec. 2.  Minnesota Statutes 1994, section 103E.701, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [BRIDGES AND CULVERTS.] (a) Highway bridges and 
  1.25  culverts constructed on a drainage system established on or 
  1.26  after March 25, 1947, must be maintained by the road authority 
  1.27  charged with the duty of maintenance under section 103E.525. 
  2.1      (b) Private bridges or culverts constructed as a part of a 
  2.2   drainage system established by proceedings that began on or 
  2.3   after March 25, 1947, must be maintained by the drainage 
  2.4   authority as part of the drainage system.  Private bridges or 
  2.5   culverts constructed as a part of a drainage system established 
  2.6   by proceedings that began before March 25, 1947, may be 
  2.7   maintained, repaired, or rebuilt and any portion paid for as 
  2.8   part of the drainage system by the drainage authority.  
  2.9      (c) For a repair of a drainage system that has had 
  2.10  redetermination of benefits under section 103E.351, the drainage 
  2.11  authority may repair or rebuild existing bridges or culverts on 
  2.12  town and home rule charter and statutory city roads constructed 
  2.13  as part of the drainage system and any portion of the cost may 
  2.14  be paid by the drainage system. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 164.13, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [BRIDGES.] Except for bridges under the 
  2.18  jurisdiction of a drainage authority pursuant to sections 
  2.19  103E.525 and 103E.701, in all cases where a road other than a 
  2.20  county road, a county state-aid highway, or a trunk highway is 
  2.21  on the line between two towns, whether the towns are in the same 
  2.22  county or not, it shall be the duty of the towns to bear jointly 
  2.23  and in equal shares the expense of constructing and maintaining 
  2.24  any bridge on the road as made necessary by the construction of 
  2.25  a drainage ditch or by reason of the changing, widening or 
  2.26  alteration of any drainage ditch, or by reason of the altering 
  2.27  or changing of any watercourse.  
  2.28     Sec. 4.  Minnesota Statutes 1994, section 165.02, is 
  2.29  amended to read: 
  2.30     165.02 [POWERS OF ROAD AUTHORITIES.] 
  2.31     Except as otherwise provided in sections 103E.525 and 
  2.32  103E.701, the road authorities may construct, reconstruct, 
  2.33  improve, and maintain bridges whenever they deem bridges to be 
  2.34  necessary.  Any new or reconstructed bridge may have a separate 
  2.35  lane in at least one direction, and may have a lane in both 
  2.36  directions, eight feet in width for recreational use.  The same 
  3.1   may be true for each underpass.  
  3.2      Sec. 5.  Minnesota Statutes 1994, section 165.12, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [DUTY OF COUNTY WHEN TOWN FAILS.] When it 
  3.5   becomes necessary to reconstruct or repair a bridge on any town 
  3.6   road in any town or upon any town line in this state, and the 
  3.7   bridge is unsafe for travel or has been condemned by the proper 
  3.8   authorities, and the town or towns, or drainage authority under 
  3.9   section 103E.525 or 103E.701, charged with the duty of 
  3.10  maintaining the bridge fail, neglect, or omit to construct, 
  3.11  reconstruct, or repair the same or provide for the expense or 
  3.12  cost of so constructing, reconstructing or repairing the same, 
  3.13  the county board of the county in which the applicable town or 
  3.14  towns, or drainage authority, are located shall have the power 
  3.15  and authority to reconstruct and repair the bridge upon giving 
  3.16  notice to the applicable town board of the town or towns, or the 
  3.17  governing body of the drainage authority, of its intention to do 
  3.18  so and fixing a time and place for a hearing as to the necessity 
  3.19  and advisability of the reconstruction or repair.