Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 115-H.F.No. 1589 
           An act relating to the city of Minneapolis; giving the 
          city certain powers pertaining to the delivery of 
          energy and environmental services; providing for 
          combined hearings on improvements and assessments; 
          amending Minnesota Statutes 1988, section 430.07, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [MINNEAPOLIS ENERGY AND ENVIRONMENTAL 
ACTIVITIES.] 
    The governing body of the city of Minneapolis may 
appropriate and spend money for the following purposes: 
    (1) planning, developing, and implementing energy 
conservation and environmental programs for the residential, 
commercial, nonprofit, and public sectors including but not 
limited to energy audits, and other site inspections, financing, 
educational workshops, and marketing of conservation services; 
    (2) conducting research, evaluation, and testing of energy 
conservation and environmental strategies; 
    (3) publishing, disseminating, and distributing 
informational, educational, promotional, and technical 
information relating to energy and environmental issues; and 
    (4) other energy related activities. 
    The governing body may contract for the performance of all 
or part of the activities necessary to carry out these purposes 
with a nonprofit corporation organized for similar objectives.  
The corporation may spend the funds provided for these purposes 
under the direction of its board of directors, subject to the 
accounting and other conditions that the governing body may 
prescribe.  All activities performed to carry out these purposes 
are deemed to be for a public purpose.  The city or corporation 
may spend money for these purposes in the same manner that a 
private person, firm, corporation, and association makes 
expenditures for similar purposes.  Notwithstanding any contrary 
provision of law or charter, any member of the city council, or 
officer or employee of the city may be a member of the board of 
directors of any nonprofit corporation performing all or part of 
the activities necessary to carry out the purposes specified in 
this section. 
    Sec. 2.  [LIABILITY.] 
    The governing body of the city may defend, save harmless 
and indemnify any nonprofit corporation and its officers and 
employees that contracts with the city for the purposes stated 
in section 1, against any claim or demand arising out of the 
performance of those purposes. 
    Sec. 3.  [EMPLOYEES.] 
    An employee of the city may be assigned to the nonprofit 
corporation stated in section 1 as provided in Minnesota 
Statutes, section 15.59 for a period of individual assignment 
not to exceed 48 months. 
     Sec. 4.  [COMBINED HEARINGS.] 
    The Minneapolis city council may conduct the hearing on the 
improvement required by Minnesota Statutes, section 429.031, and 
the hearing on the assessments required by Minnesota Statutes, 
section 429.061, at the same time pursuant to notices which 
include all of the information required by both sections.  If 
the council proceeds in this manner, the proposed assessments 
shall be calculated on the basis of the engineer's estimate and 
other estimates of the council.  If the actual cost of the 
improvement is less than the estimated cost adopted by the 
council or portion of it determined to be paid from special 
assessments, the council must provide for the cancellation and 
annulment or refunding of assessments in the manner provided in 
Minnesota Statutes, section 430.07, subdivision 5, or section 
435.203. 
    Sec. 5.  Minnesota Statutes 1988, section 430.07, 
subdivision 5, is amended to read: 
    Subd. 5.  [MISTAKEN ESTIMATES.] If, in proceedings under 
this chapter, the actual cost of the improvement of a street, 
park, or parkway is less than the estimated cost adopted by the 
city council, the council shall cancel and annul the assessments 
made in the proceedings to a total amount that does not exceed 
the fractional part of the total amount of the excess of 
estimated cost over the actual cost equivalent to the fraction 
obtained by dividing the total amount of the assessments by the 
total amount of the estimated cost. 
     If the assessments in a proceeding have not been entirely 
collected, or if the city council considers that assessments 
cannot be fully collected, the council may direct the city 
comptroller to keep in the fund in the proceeding an amount the 
city council thinks will cover the deficiencies in the 
collection of the assessments.  The city council shall direct 
that the rest of the excess of estimated cost must be disposed 
of in the following manner.  The city council shall direct the 
city comptroller to certify the amount of this balance to the 
county auditor.  The auditor shall deduct the amount from the 
first installment of the assessment to be collected after the 
receipt of the certificate.  This deduction must be made from 
the assessment against each piece or parcel of property in the 
proportion that the excess, as certified by the city 
comptroller, bears to the total of the installment of the 
assessment.  If the balance as certified exceeds one 
installment, it must be deducted from succeeding installments 
until it is fully deducted.  Alternatively, the city council may 
direct that the city comptroller's certification of the excess 
be accompanied by a request that the excess be applied to reduce 
all unpaid installments in proportion to the amount of such 
unpaid installments.  In that case, the assessment rolls shall 
be recomputed by reducing the amount of the original assessment 
against each piece or parcel of property in the proportion that 
the excess, as certified by the city comptroller, bears to the 
total original assessment.  The balance for each piece or parcel 
of property, after deduction of principal installments 
previously paid or in the process of collection, shall then be 
divided into equal annual installments of principal or equal 
annual installments of principal and interest, whichever method 
was used for the original assessments.  The same rate of 
interest and collection period shall apply to the new 
installments as was provided for the original assessment. 
    If the assessment against a piece or parcel of property has 
been paid in full, and the amount to be refunded does not exceed 
$1, the city council may deposit the amount of the potential 
refund in the city's permanent improvement fund or bond 
redemption fund. 
    If the amount to be refunded exceeds $1, but does not 
exceed $20, the city comptroller shall mail to the current owner 
of the property a notice stating that the refund is available.  
The notice must be mailed within 60 days after the city council 
determines the actual cost of the improvement. 
    If the amount to be refunded exceeds $20 the following 
notice procedure must be followed.  The city comptroller shall 
mail to the person who owned the property when the assessment 
was paid, at the person's last known address, a notice stating 
that the refund is available.  The notice must be mailed within 
60 days after the city council determines the actual cost of the 
improvement.  If a response is not received from the owner 
within ten days of the date of mailing, a second notice must be 
mailed.  If the refund is not claimed by the person who owned 
the property when the assessment was paid within 30 days of the 
date of mailing the last required notice, the city council may 
deposit the amount of the potential refund in the city's 
permanent improvement fund or bond redemption fund. 
    Sec. 6.  [LOCAL APPROVAL.] 
    Sections 1 to 4 are effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Minneapolis. 
    Presented to the governor May 9, 1989 
    Signed by the governor May 10, 1989, 10:33 a.m.