Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 478-H.F.No. 1032
           An act relating to local improvements; permitting 
          counties to assess for highway improvements within 
          cities; amending Minnesota Statutes 1982, sections 
          429.011, subdivision 2a; and 429.061, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 429.011, 
subdivision 2a, is amended to read: 
    Subd. 2a.  "Municipality" also includes a county in the 
case of construction, reconstruction or improvement of a county 
state-aid highway or county highway as defined in section 160.02 
including curbs and gutters and storm sewers outside of the 
boundaries of any city and includes a county exercising its 
powers and duties under section 444.075, subdivision 1. 
    Sec. 2.  Minnesota Statutes 1982, section 429.061, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CALCULATION, NOTICE.] At any time after 
the expense incurred or to be incurred in making an improvement 
shall be calculated under the direction of the council, the 
council shall determine by resolution the amount of the total 
expense the municipality will pay, other than the amount, if 
any, which it will pay as a property owner, and the amount to be 
assessed.  If a county proposes to assess within the boundaries 
of a city for a county state-aid highway or county highway, the 
resolution must include the portion of the cost proposed to be 
assessed within the city.  The county shall forward the 
resolution to the city and it may not proceed with the 
assessment procedure under this section for property within the 
city unless the city council adopts a resolution approving the 
assessment.  Thereupon the clerk, with the assistance of the 
engineer or other qualified person selected by the council, 
shall calculate the proper amount to be specially assessed for 
the improvement against every assessable lot, piece or parcel of 
land, without regard to cash valuation, in accordance with the 
provisions of section 429.051.  The proposed assessment roll 
shall be filed with the clerk and be open to public inspection.  
The clerk shall thereupon, under the council's direction, 
publish notice that the council will meet to consider the 
proposed assessment.  Such notice shall be published in the 
newspaper at least once and shall be mailed to the owner of each 
parcel described in the assessment roll.  For the purpose of 
giving mailed notice under this subdivision, owners shall be 
those shown to be such on the records of the county auditor or, 
in any county where tax statements are mailed by the county 
treasurer, on the records of the county treasurer; but other 
appropriate records may be used for this purpose.  Such 
publication and mailing shall be no less than two weeks prior to 
such meeting of the council.  Except as to the owners of tax 
exempt property or property taxes on a gross earnings basis, 
every property owner whose name does not appear on the records 
of the county auditor or the county treasurer shall be deemed to 
have waived such mailed notice unless he has requested in 
writing that the county auditor or county treasurer, as the case 
may be, include his name on the records for such purpose.  Such 
notice shall state the date, time, and place of such meeting, 
the general nature of the improvement, the area proposed to be 
assessed, that the proposed assessment roll is on the file with 
the clerk, and that written or oral objections thereto by any 
property owner will be considered.  No appeal may be taken as to 
the amount of any assessment adopted pursuant to subdivision 2, 
unless a written objection signed by the affected property owner 
is filed with the municipal clerk prior to the assessment 
hearing or presented to the presiding officer at the hearing.  
The notice shall also state that an owner may appeal an 
assessment to district court pursuant to section 429.081 by 
serving notice of the appeal upon the mayor or clerk of the 
municipality within 30 days after the adoption of the assessment 
and filing such notice with the district court within ten days 
after service upon the mayor or clerk.  The notice shall also 
inform property owners of the provisions of sections 435.193 to 
435.195 and the existence of any deferment procedure established 
pursuant thereto in the municipality. 
    Approved April 25, 1984