103C.615 ACTION ON PROJECT WITH ASSESSMENTS.
Subdivision 1. Viewers.
If part of the cost of the project is to be paid from the proceeds of
assessments on benefited property, viewers must be appointed as provided in section
and report as required by sections
Subd. 2. Engineering services.
The board or joint board of county commissioners shall
direct the petitioners or, with its consent, the district board or joint district board, to provide
engineering services as necessary to produce final plans adequate for construction of the proposed
Subd. 3. Hearing.
The county board or joint county board shall then give notice of and
conduct a final hearing substantially in accordance with sections
, as for a
drainage proceeding, so far as the procedure is consistent with sections
Subd. 4. Assessments greater than benefits.
If the county board or joint county board
determines that the total benefits to property are not as much as the amount payable from the
proceeds of assessments as specified in the recommendation report of the district board, the
petition shall be dismissed and further action on the project discontinued unless the county board
or joint county board determines that the deficiency may be met by increasing the amount
payable from other funds.
Subd. 5. Establishment of project.
(a) If it determines that the total benefits to property are
as much as or more than the amount payable from the proceeds of assessments as specified in
the report and that the other requirements of law have been complied with, the county board or
joint county board shall by an order containing the findings establish the project as reported or
amended and adopt and confirm the viewers' report as made or amended.
(b) If the total amount of benefits to be assessed upon property pursuant to the viewers' report
as confirmed is greater than the amount specified as payable from assessments in the report of
the district board, the county board or joint county board may reduce the amounts payable from
other sources in proportions it may determine.
(c) Further action shall be taken as provided in chapter 103E, so far as is appropriate, except
that each tract of land affected shall be assessed for the full amount of benefits, less damages,
if any, as shown by the viewers' report as confirmed, unless the total amount of benefits, less
damages, exceeds the total actual cost of the project to be paid from the assessments, in which
case the cost shall be prorated as provided in section
Subd. 6. County funding share of project.
(a) Upon filing of the viewers' report as
provided in this section, the county board of each county affected shall provide funds to meet
its proportionate share of the total cost of the improvement, as shown by the report and order
of the county board or joint county board. The county may issue bonds for the purpose in the
amount necessary in the manner provided in section
(b) The provision of section
, requiring the county board to let a contract for
construction before issuing bonds does not apply to bonds issued to provide funds required to be
furnished by this section.
Subd. 7. Delegation of duties to district.
(a) The county board or joint county board,
pursuant to agreement with the district board, may by resolution direct the district to undertake,
construct, install, maintain, and operate the improvement upon mutually agreed terms. If it is
necessary to acquire property by eminent domain, the county, or the counties acting jointly, shall
do so and convey the property to the district pursuant to the agreement.
(b) If, pursuant to an agreement, the responsibility for an improvement is vested in a district,
the county treasurers shall transmit the proceeds of assessments or bond issues, when collected, to
the treasurer of the district. The district treasurer shall credit the proceeds to the proper funds
under the direction of the district board.
History: 1990 c 391 art 3 s 27