103E.411 DRAINAGE SYSTEM AS OUTLET FOR MUNICIPALITY.
Subdivision 1. Petition.
A municipality may use a drainage system as an outlet for its
municipal drainage system or the overflow from the system under the provisions of this section.
The municipality must petition to the drainage authority to use the drainage system. The petition
(1) show the necessity for the use of the drainage system as an outlet;
(2) show that the use of the drainage system will be of public benefit and utility and promote
the public health;
(3) be accompanied by a plat showing the location of the drainage system and the location of
the municipal drainage system; and
(4) be accompanied by specifications showing the plan of connection from the municipal
drainage system to the drainage system.
Subd. 2. Approval by Pollution Control Agency.
The plan for connecting the municipal
drainage system to the drainage system must be approved by the Pollution Control Agency.
Subd. 3. Filing; notice.
(a) If proceedings to establish the drainage project to be used as an
outlet are pending, the petition must be filed with the auditor. The municipal drainage system
petition must be presented to the drainage authority at the final hearing to consider the detailed
survey report and viewers' report. Notice of the municipal drainage system petition must be
included in the final hearing notice.
(b) If the drainage system to be used as an outlet is established, the municipal drainage
system petition must be filed with the auditor. When the petition is filed, the drainage authority
in consultation with the auditor shall, by order, set a time and place for hearing on the petition.
Notice of the hearing must be given by publication and by mailed notice to the auditor of each
Subd. 4. Hearing and order.
(a) At the hearing the drainage authority may receive all
evidence of interested parties for or against the granting of the petition. The drainage authority,
by order, may authorize the municipality to use the drainage system as an outlet, subject to the
conditions that are necessary and proper to protect the rights of the parties and safeguard the
interests of the general public, if the drainage authority determines:
(1) that a necessity exists for the use of the drainage system as an outlet for the municipal
drainage system or the overflow from the system;
(2) that use of the drainage system will be of public utility and promote the public health; and
(3) that the proposed connection conforms to the requirements of the Pollution Control
Agency and provides for the construction and use of proper disposal works.
(b) The drainage authority must, by order, make the municipality a party to the drainage
proceedings and determine the benefits from using the drainage project or system as an outlet.
Subd. 5. Benefits and assessments if drainage system is established.
If the drainage
system is established, the drainage authority must determine the amount the municipality must
pay for the privilege of using the drainage system as an outlet. The amount must be paid to
the affected counties and credited to the account of the drainage system used as an outlet. The
municipality is liable for all subsequent liens and assessments for the repair and maintenance
of the drainage system in proportion to the benefits, as though the benefits were determined in
the order establishing the drainage system.
History: 1990 c 391 art 5 s 62