2006 Minnesota Statutes

473.504 WASTEWATER SERVICES, POWERS.
    Subdivision 1.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 2.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 3.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 4. Rules, penalties. The council shall have the power to adopt rules relating to the
operation of any interceptors or treatment works operated by it, and may provide penalties for the
violation thereof not exceeding the maximum which may be specified for a misdemeanor. Any
rule prescribing a penalty for violation shall be published at least once in a newspaper having
general circulation in the metropolitan area.
    Subd. 5. Gifts, grants, loans. The council may accept gifts, may apply for and accept grants
or loans of money or other property from the United States, the state, or any person for any of
its purposes, including any grant available under the federal Water Pollution Act amendments
of 1972, whether for construction, research or pilot project implementation, may enter into any
agreement required in connection therewith, and may hold, use, and dispose of such money
or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.
The council has all powers necessary to comply with the federal Water Pollution Control Act
amendments of 1972 and any grant offered to it thereunder including, but not limited to, the power
to enter into such contracts with, or to impose such charges upon, persons using the metropolitan
disposal system as it shall determine to be necessary for the recovery of treatment works and
interceptor costs paid with federal grant funds. Insofar as possible these costs shall be recovered
by local government units on behalf of the council.
    Subd. 6. Joint or cooperative action. The council may act under the provisions of
section 471.59, or any other appropriate law providing for joint or cooperative action between
government units.
    Subd. 7.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 8.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 9. May get property. The council may acquire by purchase, lease, condemnation,
gift, or grant, any real or personal property including positive and negative easements and water
and air rights, and it may construct, enlarge, improve, replace, repair, maintain, and operate any
interceptor or treatment works determined to be necessary or convenient for the collection and
disposal of sewage in the metropolitan area. Any local government unit and the commissioners of
transportation and natural resources are authorized to convey to or permit the use of any such
facilities owned or controlled by it by the council, subject to the rights of the holders of any bonds
issued with respect thereto, with or without compensation, without an election or approval by
any other government agency. All powers conferred by this subdivision may be exercised both
within or without the metropolitan area as may be necessary for the exercise by the council of
its powers or the accomplishment of its purposes. The council may hold such property for its
purposes, and may lease any such property so far as not needed for its purposes, upon such terms
and in such manner as it shall deem advisable. Unless otherwise provided, the right to acquire
lands and property rights by condemnation shall be exercised in accordance with chapter 117, and
shall apply to any property or interest therein owned by any local government unit; provided,
that no such property devoted to an actual public use at the time, or held to be devoted to such
use within a reasonable time, shall be so acquired unless a court of competent jurisdiction shall
determine that the use proposed by the board is paramount to such use. Except in case of property
in actual public use, the council may take possession of any property for which condemnation
proceedings have been commenced at any time after the issuance of a court order appointing
commissioners for its condemnation.
    Subd. 10. Nonfranchise required. The council may construct or maintain its systems
or facilities in, along, on, under, over, or through public streets, bridges, viaducts, and other
public rights-of-way without first obtaining a franchise from any local government unit having
jurisdiction over them; but such facilities shall be constructed and maintained in accordance with
the ordinances and resolutions of any such government unit relating to construction, installation,
and maintenance of similar facilities in such public properties and shall not obstruct the public
use of such rights-of-way.
    Subd. 11. Surplus property. The council may sell or otherwise dispose of any real or
personal property acquired by it which is no longer required for accomplishment of its purposes.
Such property may be sold in the manner provided by section 469.065, insofar as practical. The
council may give such notice of sale as it shall deem appropriate. When the council determines
that any property or any interceptor or treatment works or any part thereof which has been
acquired from a local government unit without compensation is no longer required, but is required
as a local facility by the government unit from which it was acquired, the council may by
resolution transfer it to such government unit.
    Subd. 12. Pacts with other governments. The council may contract with the United States
or any agency thereof, any state or agency thereof, or any local government unit or governmental
agency or subdivision, for the joint use of any facility owned by the council or such entity, for the
operation by such entity of any system or facility of the council, or for the performance on the
council's behalf of any service, on such terms as may be agreed upon by the contracting parties.
History: 1975 c 13 s 79; 1976 c 166 s 7; 1985 c 248 s 70; 1987 c 291 s 229; 1994 c 628
art 3 s 143-149; 1995 c 236 s 20