Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
CHAPTER 441. BRIDGES
| Section | Headnote |
|---|---|
| 441.01 | Repealed, 1996 c 310 s 1 |
| 441.02 | Repealed, 1996 c 310 s 1 |
| 441.03 | Repealed, 1996 c 310 s 1 |
| 441.04 | Repealed, 1996 c 310 s 1 |
| 441.05 | Repealed, 1996 c 310 s 1 |
| 441.06 | Repealed, 1996 c 310 s 1 |
| 441.07 | Repealed, 1996 c 310 s 1 |
| 441.08 | Repealed, 1996 c 310 s 1 |
| 441.09 | Repealed, 1996 c 310 s 1 |
| 441.10 | Repealed, 1976 c 44 s 70 |
| 441.11 | Repealed, 1976 c 44 s 70 |
| 441.12 | Repealed, 1976 c 44 s 70 |
| 441.13 | Repealed, 1976 c 44 s 70 |
| 441.14 | Repealed, 1976 c 44 s 70 |
| 441.15 | Repealed, 1976 c 44 s 70 |
| 441.16 | Repealed, 1976 c 44 s 70 |
| 441.17 | Repealed, 1976 c 44 s 70 |
| 441.18 | Repealed, 1976 c 44 s 70 |
| 441.19 | Repealed, 1976 c 44 s 70 |
| 441.20 | Repealed, 1976 c 44 s 70 |
| 441.253 | Repealed, 1949 c 119 s 110 |
| 441.26 | ROAD, BRIDGE, FERRY BEYOND FOURTH CLASS, STATUTORY CITY. |
| 441.265 | Repealed, 1976 c 44 s 70 |
| 441.27 | Repealed, 1976 c 44 s 70 |
| 441.28 | Repealed, 1976 c 44 s 70 |
| 441.29 | Repealed, 1976 c 44 s 70 |
| 441.30 | Repealed, 1976 c 44 s 70 |
| 441.31 | Repealed, 1976 c 44 s 70 |
| 441.32 | Repealed, 1976 c 44 s 70 |
| 441.33 | Repealed, 1976 c 44 s 70 |
| 441.34 | Repealed, 1976 c 44 s 70 |
| 441.35 | Repealed, 1976 c 44 s 70 |
| 441.36 | Repealed, 1976 c 44 s 70 |
| 441.37 | Repealed, 1976 c 44 s 70 |
| 441.38 | Repealed, 1976 c 44 s 70 |
| 441.39 | Repealed, 1976 c 44 s 70 |
| 441.40 | Repealed, 1976 c 44 s 70 |
| 441.41 | Repealed, 1976 c 44 s 70 |
| 441.42 | Repealed, 1976 c 44 s 70 |
| 441.43 | Repealed, 1976 c 44 s 70 |
| 441.44 | Repealed, 1976 c 44 s 70 |
| 441.45 | Repealed, 1976 c 44 s 70 |
| 441.46 | Repealed, 1976 c 44 s 70 |
| 441.47 | CITIES MAY ACQUIRE TOLL BRIDGES. |
| 441.48 | MAY PURCHASE OR CONSTRUCT BRIDGES. |
| 441.49 | TOLL BRIDGES REVENUE BONDS. |
| 441.50 | SINKING FUND. |
| 441.51 | Repealed, 1984 c 543 s 69 |
| 441.52 | BONDS SOLD NOTWITHSTANDING LIMITATIONS. |
| 441.53 | FUNDS KEPT IN SEPARATE ACCOUNT. |
| 441.54 | BONDS NOT INDEBTEDNESS OF CITY. |
| 441.55 | HOLDERS OF BONDS MAY SUE. |
441.26 ROAD, BRIDGE, FERRY BEYOND FOURTH CLASS, STATUTORY CITY.
The council of any statutory city or of any city of the fourth class may appropriate and
expend such reasonable sums as it may deem proper to assist in the improvement and maintenance
of roads lying beyond its boundaries and leading into it and to improve and maintain bridges and
ferries thereon whether they are within or without the county in which it is situated.
History: (1842) RL s 775; 1913 c 111 s 1; 1973 c 123 art 5 s 7
The council of any statutory city or of any city of the fourth class may appropriate and
expend such reasonable sums as it may deem proper to assist in the improvement and maintenance
of roads lying beyond its boundaries and leading into it and to improve and maintain bridges and
ferries thereon whether they are within or without the county in which it is situated.
History: (1842) RL s 775; 1913 c 111 s 1; 1973 c 123 art 5 s 7
441.47 CITIES MAY ACQUIRE TOLL BRIDGES.
Any city of this state, however organized, bordering upon any navigable or nonnavigable
stream, river, or body of water, including any international or interstate navigable or nonnavigable
stream, river, or body of water, is authorized to acquire, purchase, construct, maintain, and operate
bridges and approaches thereto across any such navigable or nonnavigable stream, river, or body
of water, whether all or any portion of bridges and approaches be within or without the corporate
limits of the city, and to exercise all such powers within its boundaries and in adjacent territory
within this state, not in excess of two miles from the nearest boundary line thereof, and in any
adjoining domestic or foreign state, after first having obtained authority, if any be necessary,
from the United States.
History: 1941 c 286 s 1; 1973 c 123 art 5 s 7
Any city of this state, however organized, bordering upon any navigable or nonnavigable
stream, river, or body of water, including any international or interstate navigable or nonnavigable
stream, river, or body of water, is authorized to acquire, purchase, construct, maintain, and operate
bridges and approaches thereto across any such navigable or nonnavigable stream, river, or body
of water, whether all or any portion of bridges and approaches be within or without the corporate
limits of the city, and to exercise all such powers within its boundaries and in adjacent territory
within this state, not in excess of two miles from the nearest boundary line thereof, and in any
adjoining domestic or foreign state, after first having obtained authority, if any be necessary,
from the United States.
History: 1941 c 286 s 1; 1973 c 123 art 5 s 7
441.48 MAY PURCHASE OR CONSTRUCT BRIDGES.
Every city which shall by ordinance have determined to exercise the powers granted by
sections 441.47 to 441.55 shall have the right to acquire, purchase, construct, maintain, and
operate any such bridges and approaches thereto across, above, or under any railroad or public
utility right-of-way and in, upon, under, or above any public or private road, highway, street,
alley, or public ground, or upon any property owned by any municipality, political subdivision,
or agency of this state, and any such city may acquire, occupy, possess, and use all real estate,
easements, rights in land, structures, buildings, equipment, appurtenances, machinery, and
other real, personal, or mixed property necessary or incidental in the acquisition, purchase,
construction, maintenance, or operation of any such bridges and approaches thereto by purchase
or by condemnation or expropriation, in accordance with the laws of the state governing the
acquisition of private property for public purposes by condemnation or expropriation, and in
accordance with the laws of any foreign state where it becomes necessary to so acquire real estate
and other property needed for the acquisition, purchase, construction, operation, or maintenance
of any such bridges and approaches thereto.
History: 1941 c 286 s 2; 1973 c 123 art 5 s 7
Every city which shall by ordinance have determined to exercise the powers granted by
sections 441.47 to 441.55 shall have the right to acquire, purchase, construct, maintain, and
operate any such bridges and approaches thereto across, above, or under any railroad or public
utility right-of-way and in, upon, under, or above any public or private road, highway, street,
alley, or public ground, or upon any property owned by any municipality, political subdivision,
or agency of this state, and any such city may acquire, occupy, possess, and use all real estate,
easements, rights in land, structures, buildings, equipment, appurtenances, machinery, and
other real, personal, or mixed property necessary or incidental in the acquisition, purchase,
construction, maintenance, or operation of any such bridges and approaches thereto by purchase
or by condemnation or expropriation, in accordance with the laws of the state governing the
acquisition of private property for public purposes by condemnation or expropriation, and in
accordance with the laws of any foreign state where it becomes necessary to so acquire real estate
and other property needed for the acquisition, purchase, construction, operation, or maintenance
of any such bridges and approaches thereto.
History: 1941 c 286 s 2; 1973 c 123 art 5 s 7
441.49 TOLL BRIDGES REVENUE BONDS.
For the purpose of acquiring, purchasing, or constructing any such bridges and approaches,
the governing body of each such city is authorized to borrow money and in evidence thereof to
issue toll bridge revenue bonds of such city, payable solely from the revenues derived from the
operation of any such bridge or bridges. Such bonds may be issued as serial or term bonds,
maturing in not to exceed 30 years from the date thereof, and may be made callable for redemption
prior to maturity on any interest payment date, at the price of par plus a premium of not to exceed
five percent of the par value thereof, and accrued interest, after notice shall be given at the time and
in the manner provided in the ordinance authorizing their issue. Such bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay the cost of acquiring, purchasing,
or constructing such bridges and approaches thereto, including all property, real, personal, or
mixed, necessary or incidental in the acquisition, purchase, or construction thereof, including
reasonable legal and engineering fees and costs of financing. Such bonds shall bear interest at
a rate not to exceed four percent per annum, payable semiannually, and all bonds issued under
the provisions of sections 441.47 to 441.55 are hereby declared to be negotiable instruments and
shall be executed by such officials of any such city as the ordinance authorizing their issue shall
provide. In case any official whose signature appears on any such bonds or coupons shall cease
to be such official before delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such official had remained in office until such delivery.
Such bonds may be sold at either public or private sale, as the governing authority of any
such city may provide; provided, that all such bonds issued by any such city shall not be sold at a
price of less than 95 percent of par.
When the governing body of any such city determines to issue bonds, as provided for in
sections 441.47 to 441.55, it shall adopt an ordinance prescribing in a general way the bridges
and the general location thereof, and setting out the aggregate amount of the estimated cost of
the acquisition, purchase, or construction thereof as prepared by the engineers employed for that
purpose, and determine the period of usefulness thereof and fix the amount of toll bridge revenue
bonds to be issued, the maturity thereof, the interest rate, and all other details in connection
therewith, and such ordinance shall be effective immediately upon passage and approval. Such
ordinance may contain such covenants and restrictions upon the issue of additional toll bridge
revenue bonds thereafter as may be deemed necessary or advisable to assure the prompt payment
of the bonds thereby authorized.
The bonds issued under the provisions of sections 441.47 to 441.55 shall be payable solely
from the revenue derived from any such bridges and it shall be plainly stated on the face of each
bond that it does not constitute an indebtedness within any constitutional or statutory or charter
debt limitation.
History: 1941 c 286 s 3; 1973 c 123 art 5 s 7
For the purpose of acquiring, purchasing, or constructing any such bridges and approaches,
the governing body of each such city is authorized to borrow money and in evidence thereof to
issue toll bridge revenue bonds of such city, payable solely from the revenues derived from the
operation of any such bridge or bridges. Such bonds may be issued as serial or term bonds,
maturing in not to exceed 30 years from the date thereof, and may be made callable for redemption
prior to maturity on any interest payment date, at the price of par plus a premium of not to exceed
five percent of the par value thereof, and accrued interest, after notice shall be given at the time and
in the manner provided in the ordinance authorizing their issue. Such bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay the cost of acquiring, purchasing,
or constructing such bridges and approaches thereto, including all property, real, personal, or
mixed, necessary or incidental in the acquisition, purchase, or construction thereof, including
reasonable legal and engineering fees and costs of financing. Such bonds shall bear interest at
a rate not to exceed four percent per annum, payable semiannually, and all bonds issued under
the provisions of sections 441.47 to 441.55 are hereby declared to be negotiable instruments and
shall be executed by such officials of any such city as the ordinance authorizing their issue shall
provide. In case any official whose signature appears on any such bonds or coupons shall cease
to be such official before delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such official had remained in office until such delivery.
Such bonds may be sold at either public or private sale, as the governing authority of any
such city may provide; provided, that all such bonds issued by any such city shall not be sold at a
price of less than 95 percent of par.
When the governing body of any such city determines to issue bonds, as provided for in
sections 441.47 to 441.55, it shall adopt an ordinance prescribing in a general way the bridges
and the general location thereof, and setting out the aggregate amount of the estimated cost of
the acquisition, purchase, or construction thereof as prepared by the engineers employed for that
purpose, and determine the period of usefulness thereof and fix the amount of toll bridge revenue
bonds to be issued, the maturity thereof, the interest rate, and all other details in connection
therewith, and such ordinance shall be effective immediately upon passage and approval. Such
ordinance may contain such covenants and restrictions upon the issue of additional toll bridge
revenue bonds thereafter as may be deemed necessary or advisable to assure the prompt payment
of the bonds thereby authorized.
The bonds issued under the provisions of sections 441.47 to 441.55 shall be payable solely
from the revenue derived from any such bridges and it shall be plainly stated on the face of each
bond that it does not constitute an indebtedness within any constitutional or statutory or charter
debt limitation.
History: 1941 c 286 s 3; 1973 c 123 art 5 s 7
441.50 SINKING FUND.
Any ordinance authorizing the issuance of bonds under sections 441.47 to 441.55 shall
provide for the creation of a sinking fund into which shall be payable from the revenues of any
such bridges from month to month as such revenues are collected such sums in excess of the cost
of the maintenance and operation of such bridges as may be sufficient to pay the interest upon and
principal of such bonds at or before maturity, and the moneys in the sinking fund shall be applied
solely to the payment of the maturing interest on bonds authorized under the provisions of sections
441.47 to 441.55 and for the retirement of such bonds at or prior to maturity. The governing body
of any such city shall have power by ordinance to make, enact, and enforce all needful rules and
regulations in connection with the acquisition, purchase, construction, maintenance, operation,
and management, care or protection of any such bridge, and it shall be the duty of such governing
body to establish rates of toll or charges for the use of any such bridges which shall be sufficient
at all times to pay the cost of maintenance and operation thereof and to pay the principal of and
interest on the bonds issued under the provisions of sections 441.47 to 441.55. Rates of toll or
charges for the use of any such bridge shall be established, revised, and maintained and be payable
and be enforced as the governing body of each such city may determine by ordinance.
History: 1941 c 286 s 4; 1973 c 123 art 5 s 7
Any ordinance authorizing the issuance of bonds under sections 441.47 to 441.55 shall
provide for the creation of a sinking fund into which shall be payable from the revenues of any
such bridges from month to month as such revenues are collected such sums in excess of the cost
of the maintenance and operation of such bridges as may be sufficient to pay the interest upon and
principal of such bonds at or before maturity, and the moneys in the sinking fund shall be applied
solely to the payment of the maturing interest on bonds authorized under the provisions of sections
441.47 to 441.55 and for the retirement of such bonds at or prior to maturity. The governing body
of any such city shall have power by ordinance to make, enact, and enforce all needful rules and
regulations in connection with the acquisition, purchase, construction, maintenance, operation,
and management, care or protection of any such bridge, and it shall be the duty of such governing
body to establish rates of toll or charges for the use of any such bridges which shall be sufficient
at all times to pay the cost of maintenance and operation thereof and to pay the principal of and
interest on the bonds issued under the provisions of sections 441.47 to 441.55. Rates of toll or
charges for the use of any such bridge shall be established, revised, and maintained and be payable
and be enforced as the governing body of each such city may determine by ordinance.
History: 1941 c 286 s 4; 1973 c 123 art 5 s 7
441.52 BONDS SOLD NOTWITHSTANDING LIMITATIONS.
The bonds authorized by sections 441.47 to 441.55 may be issued and sold by any such city
in accordance with the terms of the ordinance adopted therefor, notwithstanding any limitation
contained in the charter of the city or in any law of the state prescribing or fixing any limit upon
the bonded indebtedness of any such city, and such bonds shall not create or constitute an
indebtedness of any such city within the meaning of any constitutional, statutory, or charter
limitation upon the incurring of indebtedness, but such bonds shall be payable only from the net
income and revenues of any such bridges pledged to the payment thereof after payment of the
actual operating expenses and actual cost of maintenance and repair of any such bridges under
economical management, and while any of the bonds are outstanding, such net income and
revenues shall be used solely for the payment of the principal of and interest on the bonds, and
the bonds and the interest thereon shall constitute a first and prior lien on and against such net
income and revenues and on and against all funds, from whatever source, paid into or set apart
for the sinking fund hereinabove designated.
History: 1941 c 286 s 6; 1973 c 123 art 5 s 7
The bonds authorized by sections 441.47 to 441.55 may be issued and sold by any such city
in accordance with the terms of the ordinance adopted therefor, notwithstanding any limitation
contained in the charter of the city or in any law of the state prescribing or fixing any limit upon
the bonded indebtedness of any such city, and such bonds shall not create or constitute an
indebtedness of any such city within the meaning of any constitutional, statutory, or charter
limitation upon the incurring of indebtedness, but such bonds shall be payable only from the net
income and revenues of any such bridges pledged to the payment thereof after payment of the
actual operating expenses and actual cost of maintenance and repair of any such bridges under
economical management, and while any of the bonds are outstanding, such net income and
revenues shall be used solely for the payment of the principal of and interest on the bonds, and
the bonds and the interest thereon shall constitute a first and prior lien on and against such net
income and revenues and on and against all funds, from whatever source, paid into or set apart
for the sinking fund hereinabove designated.
History: 1941 c 286 s 6; 1973 c 123 art 5 s 7
441.53 FUNDS KEPT IN SEPARATE ACCOUNT.
Every city owning and operating a toll bridge under sections 441.47 to 441.55 must keep
all income and revenues derived from the operation thereof separate and distinct from all other
revenues of the city, and keep books of account therefor distinct from all other city accounts and
in such manner as to show the true and complete financial results of such public ownership and
operation. These accounts shall be kept so as to show in detail the actual cost to the city of such
bridges, the daily tolls collected therefrom, all costs of maintenance, repair, and improvement, all
operating expenses of every description, and the amounts set aside for sinking fund purposes, and
semiannual reports showing the financial results of such public ownership and operation shall be
published by the governing body of any such city.
History: 1941 c 286 s 7; 1973 c 123 art 5 s 7
Every city owning and operating a toll bridge under sections 441.47 to 441.55 must keep
all income and revenues derived from the operation thereof separate and distinct from all other
revenues of the city, and keep books of account therefor distinct from all other city accounts and
in such manner as to show the true and complete financial results of such public ownership and
operation. These accounts shall be kept so as to show in detail the actual cost to the city of such
bridges, the daily tolls collected therefrom, all costs of maintenance, repair, and improvement, all
operating expenses of every description, and the amounts set aside for sinking fund purposes, and
semiannual reports showing the financial results of such public ownership and operation shall be
published by the governing body of any such city.
History: 1941 c 286 s 7; 1973 c 123 art 5 s 7
441.54 BONDS NOT INDEBTEDNESS OF CITY.
All bonds issued under sections 441.47 to 441.55 shall be exempt from and shall not
constitute an indebtedness of any such city within the meaning of any provisions contained in the
charter of the city or in any law of the state prescribing, limiting, or fixing the time and manner
of payment of municipal bonds or prescribing, limiting, or fixing the time and manner of sale
of municipal bonds, and all such bonds may be authorized, issued, and sold by any such city as
provided in sections 441.47 to 441.55 notwithstanding any such charter or statutory provision.
History: 1941 c 286 s 8; 1973 c 123 art 5 s 7
All bonds issued under sections 441.47 to 441.55 shall be exempt from and shall not
constitute an indebtedness of any such city within the meaning of any provisions contained in the
charter of the city or in any law of the state prescribing, limiting, or fixing the time and manner
of payment of municipal bonds or prescribing, limiting, or fixing the time and manner of sale
of municipal bonds, and all such bonds may be authorized, issued, and sold by any such city as
provided in sections 441.47 to 441.55 notwithstanding any such charter or statutory provision.
History: 1941 c 286 s 8; 1973 c 123 art 5 s 7
441.55 HOLDERS OF BONDS MAY SUE.
Any holder of a bond or bonds, or any of the coupons of any bond or bonds, issued under the
provisions of sections 441.47 to 441.55 may, either in law or in equity, by suit, action, mandamus,
or other proceedings, enforce or compel the performance of all duties required by these sections,
including the fixing, maintaining, and collecting of such rates of toll or charges for the use of
any such bridges and approaches thereto as will be sufficient for all the purposes provided by
these sections and the application of the income and revenue thereof. All bonds of the same
authorization issued under the provisions of these sections shall enjoy equal rights in respect of
the revenues of any such bridges, regardless of the time of actual issuance or delivery thereof.
History: 1941 c 286 s 9
Any holder of a bond or bonds, or any of the coupons of any bond or bonds, issued under the
provisions of sections 441.47 to 441.55 may, either in law or in equity, by suit, action, mandamus,
or other proceedings, enforce or compel the performance of all duties required by these sections,
including the fixing, maintaining, and collecting of such rates of toll or charges for the use of
any such bridges and approaches thereto as will be sufficient for all the purposes provided by
these sections and the application of the income and revenue thereof. All bonds of the same
authorization issued under the provisions of these sections shall enjoy equal rights in respect of
the revenues of any such bridges, regardless of the time of actual issuance or delivery thereof.
History: 1941 c 286 s 9
Official Publication of the State of Minnesota
Revisor of Statutes