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Minnesota Legislature

Office of the Revisor of Statutes

103B.251 CAPITAL IMPROVEMENTS BY WATERSHED MANAGEMENT
ORGANIZATIONS.
    Subdivision 1. General authority. The authority provided to watershed districts in this
section is in addition to the authority provided in chapter 103D. A watershed management
organization which has adopted a watershed plan in accordance with section 103B.231 may
certify for payment by the county as provided in this section all or any part of the cost of a capital
improvement contained in the capital improvement program of the plan.
    Subd. 2. County board to receive plan for improvement. A copy of the plan for the
improvement shall be forwarded to the county board.
    Subd. 3. Improvement hearing notice. (a) The organization shall then hold a public hearing
on the proposed improvement, following publication once each week for two successive weeks
before the date of the hearing in a legal newspaper published in the county or counties in which a
part or all of the affected waters and lands are located. The last publication shall occur not more
than 30 days nor less than ten days before the hearing.
(b) The notice shall state the time and place of hearing, the general nature of the proposed
improvement, the estimated cost, and the method by which the cost of the improvement is to be
paid, including the cost to be allocated to each county or minor watershed unit under subdivision 5.
(c) At least ten days before the hearing, notice by mail shall be given to the counties and
to each home rule charter or statutory city or town located wholly or partly within the territory
of the watershed management organization.
(d) Failure to give mailed notice or defects in the notice shall not invalidate the proceedings.
    Subd. 4. Improvement hearing. At the time and place specified in the notice the
organization shall hear all parties interested in the proposed improvement. If upon full hearing
the organization finds that the improvement will be conducive to public health and promote
the general welfare, and is in compliance with sections 103B.205 to 103B.255 and the plan
adopted pursuant to section 103B.231, it shall make findings accordingly, determine the cost of
the improvement, and certify the cost before October 1 to the county or counties for payment.
    Subd. 5. Apportionment of costs. If the territory of the watershed management organization
extends into more than one county, the cost of the improvement shall be certified to the
respective county boards in the proportions prescribed in the capital improvement program of the
organization. The certification of the watershed management organization may apportion the cost
among some or all of the subwatershed units in the watershed and for this purpose may require
the establishment of more than one tax district in the watershed.
    Subd. 6. County payment. Each county receiving certifications for payment from watershed
management organizations under this section shall promptly after September 30 of each year
provide funds to meet its proportionate share of the cost of the improvements as shown in the
certifications by organizations received during the prior 12 months. In an emergency and after
receipt of certification the county shall provide funds at other times. When an organization
anticipates an emergency it shall promptly inform the county and provide it with appropriate
information.
    Subd. 7. Bonds. In order to make the payment required by subdivision 6, the county board of
each county may issue general obligation bonds of the county in the amount necessary to pay
all or part of the cost of projects certified to the county board or to refund general obligation
bonds issued for this purpose. The bonds shall be sold, issued, and secured in accordance with
the provisions of chapter 475 for general obligation bonds, except as otherwise provided in
this subdivision. No election shall be required.
    Subd. 8. Tax. (a) For the payment of principal and interest on the bonds issued under
subdivision 7 and the payment required under subdivision 6, the county shall irrevocably pledge
and appropriate the proceeds of a tax levied on all taxable property located within the territory of
the watershed management organization or subwatershed unit for which the bonds are issued.
Each year until the reserve for payment of the bonds is sufficient to retire the bonds, the county
shall levy on all taxable property in the territory of the organization or unit, without respect
to any statutory or other limitation on taxes, an amount of taxes sufficient to pay principal
and interest on the bonds and to restore any deficiencies in reserves required to be maintained
for payment of the bonds.
(b) The tax levied on rural towns other than urban towns may not exceed 0.02418 percent of
taxable market value, unless approved by resolution of the town electors.
(c) If at any time the amounts available from the levy on property in the territory of the
organization are insufficient to pay principal and interest on the bonds when due, the county shall
make payment from any available funds in the county treasury.
(d) The amount of any taxes which are required to be levied outside of the territory of the
watershed management organization or unit or taken from the general funds of the county to pay
principal or interest on the bonds shall be reimbursed to the county from taxes levied within the
territory of the watershed management organization or unit.
    Subd. 9. Maintenance levy. For the purpose of creating a maintenance fund to be used for
normal and routine maintenance of a work of improvement constructed in whole or part with
money provided by the county pursuant to subdivision 6, the board of managers of a watershed
district, with the approval of the county, may impose an ad valorem levy on all property located
within the territory of the watershed district or subwatershed unit. The levy shall be certified,
levied, collected, and distributed as provided in sections 103D.915 and 103D.921, and shall be in
addition to any other money levied and distributed to the district. The proceeds of the levy shall
be deposited in a separate maintenance and repair account to be used only for the purpose for
which the levy was made.
History: 1990 c 391 art 2 s 15; 1990 c 601 s 24-26; 1995 c 184 s 15,16