Key: (1) language to be deleted (2) new language
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.
Official Publication of the State of Minnesota
Revisor of Statutes