Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 315-S.F.No. 1575
           An act relating to local improvements; permitting 
          counties to make certain improvements anywhere within 
          their territory; amending Minnesota Statutes 1984, 
          section 429.011, subdivision 5; Minnesota Statutes 
          1985 Supplement, section 429.061, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 429.011, 
subdivision 5, is amended to read: 
    Subd. 5.  "Improvement" means any type of improvement made 
under authority granted by section 429.021, and in the case of a 
county is limited to the construction, reconstruction, or 
improvement of a county state-aid highway or county highway 
including curbs and gutters and storm sewers outside of the 
boundaries of any city. 
    Sec. 2.  Minnesota Statutes 1985 Supplement, 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, including curbs, gutters, and storm sewers, 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 nor may the county allocate any cost under 
this section for property within the city unless the city 
council adopts a the 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, the amount to be 
specially assessed against that particular lot, piece, or parcel 
of land, 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 March 5, 1986