Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 504-H.F.No. 2175 
                  An act relating to the city of Saint Paul; authorizing 
                  a program for the replacement of lead pipes and the 
                  charging or assessment of costs for the program and 
                  the issuance of general or special obligations to pay 
                  the costs of the program. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [PUBLIC PURPOSE.] 
           The legislature hereby finds that the reduction of lead 
        contaminants in drinking water is a public purpose, and that 
        providing financing to owners of residences and businesses to 
        replace lead water pipes located on their property is a public 
        purpose. 
           Sec. 2.  [PIPE REPLACEMENT PROGRAM AUTHORIZED.] 
           The city of Saint Paul or its board of water commissioners 
        may undertake a program of replacing lead pipes located on 
        private property with pipes that meet the state plumbing code at 
        the written request of the owner of the property.  The city or 
        the board may contract for the piping and installation and 
        removal, or may pay or reimburse the costs of piping and 
        installation and removal for which the owner of the property has 
        entered into contracts.  As part of the program, the city or the 
        board may identify criteria for private contractors and may 
        limit the payment or reimbursement of costs to those situations 
        in which the work of installing and removing pipes has been 
        performed by contractors whose participation in the program has 
        been approved in advance.  The city or board need not hold any 
        hearing in connection with the requests of individual property 
        owners for participation in the program. 
           Sec. 3.  [CHARGES AUTHORIZED.] 
           The city or the board may charge the cost of the program to 
        the owners who have requested the replacement of their lead 
        pipes.  The amount charged may include the full amount paid or 
        reimbursed, the cost of administration, and the costs of 
        financing.  The amount charged may be made payable with interest 
        at a rate determined by the city or the board in installments 
        over a period determined by the city or the board not to exceed 
        30 years, and the installments may be added to and collected as 
        part of the board's charges for water utility service.  The city 
        or the board may certify due and unpaid installments to the 
        county auditor along with taxes against the served property for 
        collection as other real property taxes are collected, in which 
        event the installments shall be enforced in the manner required 
        for enforcement of real property taxes in accordance with state 
        law. 
           Sec. 4.  [SPECIAL ASSESSMENTS AUTHORIZED.] 
           Instead of charging the costs of the program as provided 
        above, the city or the board may specially assess the costs of 
        the program to the owners who have requested the replacement of 
        their lead pipes.  The amount specially assessed may include the 
        full amount paid or reimbursed, the cost of administration, and 
        the costs of financing.  The special assessment must be payable 
        with interest at a rate determined by the city or the board in 
        installments over a period determined by the city or the board 
        not to exceed 30 years.  All special assessments for the program 
        are valid and enforceable without regard to valuation of the 
        property or the benefit conferred.  After the amount to be 
        specially assessed has been determined, whether or not the work 
        has been performed, the city or the board must hold a public 
        hearing on the special assessments after notice mailed to the 
        owner of the property to be specially assessed not less than 14 
        days before the published hearing; notice of the hearing is not 
        required.  The city or the board shall select Minnesota 
        Statutes, chapter 429, or the city charter to govern the 
        procedure for the levy and collection of special assessments, 
        and except as a different procedure is provided in this act, 
        proceedings for the imposition, appeal, repeal, supplementation, 
        and collection of the special assessments must conform to the 
        procedures selected.  The procedures before the undertaking of 
        the improvement must be as set forth in this act, and the board 
        may take actions specified for the city council in Minnesota 
        Statutes, chapter 429, and the city charter. 
           Sec. 5.  [NATURE OF SPECIAL ASSESSMENTS.] 
           The special assessments, with accruing interest, are a lien 
        upon all private and public property included in the special 
        assessments, from the date of the resolution adopting the 
        assessment, concurrent with general taxes.  All assessments and 
        interest on them must be collected and paid over in the same 
        manner as other municipal taxes. 
           Sec. 6.  [OBLIGATIONS AUTHORIZED.] 
           To pay the costs of the program, the city may issue general 
        or special obligations in one or more series without an election 
        and without being subject to limits on net debt, but otherwise 
        in accordance with Minnesota Statutes, chapter 475.  To the 
        payment of the obligations the city must pledge receipts of the 
        charges and special assessments, and may in addition pledge 
        revenues or net revenues of the city's water utility.  The city 
        may pledge its full faith, credit and taxing powers to pay the 
        obligations, and may levy taxes to pay the obligations. 
           Sec. 7.  [LOCAL APPROVAL.] 
           This act is effective the day after the governing body of 
        the city of Saint Paul complies with Minnesota Statutes, section 
        645.021, subdivision 3. 
           Presented to the governor April 22, 1994 
           Signed by the governor April 25, 1994, 1:04 p.m.