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473.405 POWERS.
    Subdivision 1. General. The Metropolitan Council has the powers and duties prescribed
by this section and sections 473.407 to 473.449 and all powers necessary or convenient to
discharge its duties.
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3. Condemnation. The council may for transit purposes acquire property, franchises,
easements, or property rights or interests of any kind by condemnation proceedings pursuant to
chapter 117. Except as provided in subdivision 9, the council may take possession of any property
for which condemnation proceedings have been commenced at any time after the filing of the
petition describing the property in the proceedings. The council may contract with an operator or
other persons for the use by the operator or person of any property under the council's control.
    Subd. 4. Transit systems. The council may engineer, construct, equip, and operate transit
and paratransit systems, projects, or any parts thereof, including road lanes or rights-of-way,
terminal facilities, maintenance and garage facilities, ramps, parking areas, and any other facilities
useful for or related to any public transit or paratransit system or project. The council may sell
or lease naming rights with regard to light rail transit stations and apply revenues from sales
or leases to light rail transit operating costs.
    Subd. 5. Acquisition of transit systems. The council may acquire by purchase, lease, gift, or
condemnation proceedings any existing public transit system or any part thereof, including all
or any part of the plant, equipment, shares of stock, property, real, personal, or mixed, rights in
property, reserve funds, special funds, franchises, licenses, patents, permits and papers, documents
and records belonging to any operator of a public transit system within the metropolitan area,
and may in connection therewith assume any or all liabilities of any operator of a public transit
system. The council may take control of and operate a system immediately following the filing
and approval of the initial petition for condemnation, if the council, in its discretion, determines
this to be necessary, and may take possession of all right, title and other powers of ownership
in all properties and facilities described in the petition. Control must be taken by resolution
which is effective upon service of a copy on the condemnee and the filing of the resolution in the
condemnation action. In the determination of the fair value of the existing public transit system,
there must not be included any value attributable to expenditures for improvements made by the
former Metropolitan Transit Commission or council.
The council may continue or terminate within three months of acquisition any advertising
contract in existence by and between any advertiser and a transit system that the council has
acquired. If the council determines to terminate the advertising contract, it shall acquire all of the
advertiser's rights under the contract by purchase or eminent domain proceedings as provided
by law.
    Subd. 6.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. Condemnation of public or public service corporation property. The fact that
property is owned by or is in charge of a public agency or a public service corporation organized
for a purpose specified in section 301B.01, or is already devoted to a public use or to use by
the corporation or was acquired therefor by condemnation may not prevent its acquisition by
the council by condemnation, but if the property is in actual public use or in actual use by the
corporation for any purpose of interest or benefit to the public, the taking by the council by
condemnation may not be authorized unless the court finds and determines that there is greater
public necessity for the proposed use by the council than for the existing use.
    Subd. 10. Voluntary transfer of public property. Any state department or other agency of
the state government or any county, municipality, or other public agency may sell, lease, grant,
transfer, or convey to the council, with or without consideration, any facilities or any part or parts
thereof or any real or personal property or interest therein which may be useful to the council for
any authorized purpose. In any case where the construction of a facility has not been completed,
the public agency concerned may also transfer, sell, assign, and set over to the council, with or
without consideration, any existing contract for the construction of the facilities.
    Subd. 11.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 12. Management contracts. Notwithstanding any of the other provisions of this
section and sections 473.407 to 473.449, the council may, in lieu of directly operating any public
transit system or any part thereof, enter into contracts for management services. The contracts may
provide for compensation, incentive fees, the employment of personnel, the services provided,
and other terms and conditions that the council deems proper. The contracts must provide that the
compensation of personnel who work full time or substantially full time providing management
or other services for the council is public data under chapter 13.
The council may not permit a contract manager to supervise or manage internal audit
activities. Internal audit activity must be supervised and managed directly by the council. The
council shall advertise for bids and select contracts for management services through competitive
bidding. The term of the contract may not be longer than two years. The contract must include
clear operating objectives, stating the service policies and goals of the council in terms of the
movement of various passenger groups, and performance criteria, by means of which success in
achieving the operating objectives can be measured. The council shall consider and determine the
feasibility and desirability of having all its transit management services provided internally by
employees of the council.
The employees of any public transit system operated pursuant to the provisions of this
subdivision for the purpose of resolving any dispute arising under any existing or new collective
bargaining agreement relating to the terms or conditions of their employment, may either engage in
a concerted refusal to work or to invoke the processes of final and binding arbitration as provided
by chapter 572, subject to any applicable provisions of the agreement not inconsistent with law.
    Subd. 13.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 14.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 15. Relocation of displaced persons. The council may plan for and assist in the
relocation of individuals, families, business concerns, nonprofit organizations, and others
displaced by operations of the council, and may make relocation payments in accordance with
federal regulations.
History: 1975 c 13 s 56; 1977 c 454 s 34,35; 1982 c 424 s 130; 1984 c 654 art 3 s 127;
1Sp1985 c 10 s 107; 1987 c 370 art 2 s 17; 1987 c 384 art 2 s 1; 1990 c 571 s 43; 1994 c 628 art
3 s 101-108; 1995 c 186 s 86,87; 2000 c 479 art 1 s 24; 2005 c 69 art 1 s 21

Official Publication of the State of Minnesota
Revisor of Statutes