Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 591-H.F.No. 1516 
           An act relating to local government; authorizing the 
          levy of special assessments or service charges for 
          fire protection systems; amending Minnesota Statutes 
          1982, sections 429.011, by adding a subdivision; 
          429.021, subdivision 1; 429.031, subdivision 3; 
          429.091, subdivisions 2 and 3; and 429.101, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 429.011, is 
amended by adding a subdivision to read: 
    Subd. 14.  "Fire protection system" means pipes, 
standpipes, sprinklers, control systems and other devices and 
equipment installed in or outside a building for the primary 
purpose of eliminating or reducing the spread of fire in the 
building or providing for safe evacuation of the building, 
whether the devices and equipment are publicly or privately 
owned.  
    Sec. 2.  Minnesota Statutes 1982, section 429.021, 
subdivision 1, is amended to read: 
    Subdivision 1.  [IMPROVEMENTS AUTHORIZED.] The council of a 
municipality shall have power to make the following improvements:
    (1) To acquire, open, and widen any street, and to improve 
the same by constructing, reconstructing, and maintaining 
sidewalks, pavement, gutters, curbs, and vehicle parking strips 
of any material, or by grading, graveling, oiling, or otherwise 
improving the same, including the beautification thereof and 
including storm sewers or other street drainage and connections 
from sewer, water or similar mains to curb lines. 
    (2) To acquire, develop, construct, reconstruct, extend and 
maintain storm and sanitary sewers and systems, including 
outlets, holding areas and ponds, treatment plants, pumps, lift 
stations, service connections, and other appurtenances of a 
sewer system, within and without the corporate limits. 
     (3) To construct, reconstruct, extend and maintain steam 
heating mains. 
     (4) To install, replace, extend and maintain street lights 
and street lighting systems and special lighting systems. 
     (5) To acquire, improve, construct, reconstruct, extend and 
maintain water works systems, including mains, valves, hydrants, 
service connections, wells, pumps, reservoirs, tanks, treatment 
plants, and other appurtenances of a water works system, within 
and without the corporate limits. 
     (6) To acquire, improve and equip parks, open space areas, 
playgrounds and recreational facilities within or without the 
corporate limits. 
    (7) To plant trees on streets and provide for their 
trimming, care and removal. 
    (8) To abate nuisances and to drain swamps, marshes and 
ponds on public or private property and to fill the same. 
    (9) To construct, reconstruct, extend, and maintain dikes 
and other flood control works. 
    (10) To construct, reconstruct, extend and maintain 
retaining walls and area walls. 
    (11) To acquire, construct, reconstruct, improve, alter, 
extend, operate, maintain and promote a pedestrian skyway system.
    (12) To acquire, construct, reconstruct, extend, operate, 
maintain and promote underground pedestrian concourses. 
    (13) To acquire, construct, improve, alter, extend, 
operate, maintain and promote public malls, plazas or courtyards.
    (14) To construct, reconstruct, extend, and maintain 
district heating systems.  
    (15) To construct, reconstruct, alter, extend, operate, 
maintain and promote fire protection systems in existing 
buildings, but only upon a petition pursuant to section 429.031, 
subdivision 3.  
    Sec. 3.  Minnesota Statutes 1982, section 429.031, 
subdivision 3, is amended to read: 
    Subd. 3.  [PETITION BY ALL OWNERS.] Whenever all owners of 
real property abutting upon any street named as the location of 
any improvement shall petition the council to construct the 
improvement and to assess the entire cost against their 
property, the council may, without a public hearing, adopt a 
resolution determining such fact and ordering the improvement.  
The validity of the resolution shall not be questioned by any 
taxpayer or property owner or the municipality unless an action 
for that purpose is commenced within 30 days after adoption of 
the resolution as provided in section 429.036. Nothing herein 
prevents any property owner from questioning the amount or 
validity of the special assessment against his property pursuant 
to section 429.081.  In the case of a petition for the 
installation of a fire protection system, the petition must 
contain or be accompanied by an undertaking satisfactory to the 
city by the petitioner that the petitioner will grant the 
municipality the necessary property interest in the building to 
permit the city to enter upon the property and the building to 
construct, maintain, and operate the fire protection system.  In 
the case of a petition for the installation of a fire protection 
system, the petitioner may request abandonment of the 
improvement at any time after it has been ordered pursuant to 
subdivision 1 and before contracts have been awarded for the 
construction of the improvement under section 429.041, 
subdivision 2.  If such a request is received, the city council 
shall abandon the proceedings but in such case the petitioner 
shall reimburse the city for any and all expenses incurred by 
the city in connection with the improvement.  
    Sec. 4.  Minnesota Statutes 1982, section 429.091, 
subdivision 2, is amended to read: 
    Subd. 2.  [TYPES OF OBLIGATIONS PERMITTED.] The council may 
by resolution adopted prior to the sale of obligations pledge 
the full faith, credit, and taxing power of the municipality for 
the payment of the principal and interest.  Such obligations 
shall be called improvement bonds and the council shall pay the 
principal and interest out of any fund of the municipality when 
the amount credited to the specified fund is insufficient for 
the purpose and shall each year levy a sufficient amount to take 
care of accumulated or anticipated deficiencies, which levy 
shall not be subject to any statutory or charter tax 
limitation.  Obligations for the payment of which the full faith 
and credit of the municipality is not pledged shall be called 
improvement warrants or, in the case of bonds for fire 
protection systems, revenue bonds and shall contain a promise to 
pay solely out of the proper special fund or funds pledged to 
their payment.  It shall be the duty of the municipal treasurer 
to pay maturing principal and interest on warrants or revenue 
bonds out of funds on hand in the proper special fund funds and 
not otherwise.  
    Sec. 5.  Minnesota Statutes 1982, section 429.091, 
subdivision 3, is amended to read: 
    Subd. 3.  [METHOD OF ISSUANCE.] All obligations shall be 
issued in accordance with the provisions of chapter 475, except 
that as provided in this subdivision.  
    An election shall be required for bonds if less than 20 
percent of the cost of the improvement to the municipality is to 
be assessed against benefited property.  
    If the full faith, credit, and taxing power of the 
municipality is not pledged and the bonds are issued to finance 
a fire protection system, a public sale shall not be required 
and the obligations may 
    (a) mature at any time or times within 30 years from date 
of issue, 
    (b) mature in the amount or amounts, 
    (c) be sold at a price equal to the percentage of their par 
value, plus accrued interest, and 
    (d) bear interest at the rate or rates, 
as agreed by the purchaser and the municipality, notwithstanding 
any limitation of interest rate or cost or of the amounts of 
annual maturities contained in any other law.  
    The maturities shall be such as in the opinion of the 
council are warranted by the anticipated collections of 
assessments and ad valorem levies for the municipality's share 
of the cost; except that the council may in its discretion issue 
and sell temporary improvement bonds maturing and subject to 
further conditions as set forth in subdivision 5.  All 
obligations shall state upon their face the purpose of the issue 
and the fund from which they are payable.  The amount of any 
obligations issued hereunder shall not be included in 
determining the net indebtedness of any municipality under the 
provisions of any law limiting such indebtedness. 
    Sec. 6.  Minnesota Statutes 1982, section 429.101, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDINANCES.] In addition to any other 
method authorized by law or charter, the governing body of any 
municipality may provide for the collection of unpaid special 
charges for all or any part of the cost of 
    (a) snow, ice, or rubbish removal from sidewalks, 
    (b) weed elimination from streets or private property, 
    (c) removal or elimination of public health or safety 
hazards from private property, excluding any structure included 
under the provisions of sections 463.15 to 463.26, 
    (d) installation or repair of water service lines, street 
sprinkling or other dust treatment of streets, 
    (e) the trimming and care of trees and the removal of 
unsound trees from any street, 
    (f) the treatment and removal of insect infested or 
diseased trees on private property, the repair of sidewalks and 
alleys, or 
    (g) the operation of a street lighting system, or 
    (h) the operation and maintenance of a fire protection 
system 
as a special assessment against the property benefited.  The 
council may by ordinance adopt regulations consistent with this 
section to make this authority effective, including, at the 
option of the council, provisions for placing primary 
responsibility upon the property owner or occupant to do the 
work himself (except in the case of street sprinkling or other 
dust treatment, alley repair, tree trimming, care, and removal 
or the operation of a street lighting system) upon notice before 
the work is undertaken, and for collection from the property 
owner or other person served of the charges when due before 
unpaid charges are made a special assessment. 
    Sec. 7.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 26, 1984