2004 Minnesota Statutes

     103D.601 Establishment of project by majority of 
  managers. 

    Subdivision 1.    Requirements.  (a) The managers may 
 initiate a project by resolution of at least a majority of the 
 managers if: 

    (1) the project is financed by grants totaling at least 50 
 percent of the estimated project cost; and 

    (2) the engineer's estimate of costs to parties affected by 
 the watershed district, including assessments against benefited 
 properties but excluding state, federal, or other grants, is not 
 more than $750,000 for the project.  

    (b) A resolution under this subdivision may not be used to 
 establish a project that has drainage as its essential nature 
 and purpose.  

    Subd. 2.    Preliminary resolution hearing notice.  (a) 
 The managers must set the time and location for a preliminary 
 resolution hearing on the proposed resolution for the project.  

    (b) The managers must give notice of the preliminary 
 resolution hearing by publication in a legal newspaper published 
 in the counties affected by the watershed district.  The last 
 publication must occur at least ten days before the preliminary 
 resolution hearing.  

    (c) The preliminary resolution hearing notice must contain: 

    (1) the date, time, and place of hearing; 

    (2) the substance of the proposed project resolution; 

    (3) the means of financing the project; and 

    (4) a statement that all persons who might be affected by 
 the proposed project or who may be interested in the proposed 
 project may appear and be heard.  

    (d) Defects in the notice do not invalidate the proceedings.

    Subd. 3.    Preliminary report and information.  (a) The 
 managers must have the watershed district engineer or another 
 competent person prepare a preliminary report advising the 
 managers whether the proposed project is feasible and estimating 
 the cost of the project.  An error or omission in the 
 preliminary report does not invalidate the proceeding.  

    (b) The managers may have other helpful information 
 prepared that will aid in determining the desirability and 
 feasibility of the project.  

    Subd. 4.    Unfavorable preliminary report.  If the 
 preliminary report is unfavorable, the managers must set a time 
 and location for a hearing in the manner provided for the 
 preliminary resolution.  After the hearing, the project may be 
 referred back to the watershed district engineer or another 
 competent person for further study and report, or the managers 
 may dismiss the proceeding.  

    Subd. 5.    Final resolution.  If, after the hearing, 
 the managers determine that the proposed project promotes the 
 public interest and welfare and is practicable and in conformity 
 with the watershed management plan of the watershed district, 
 the managers must adopt a final resolution approving the project 
 and identify the proceeding by name and number.  

    Subd. 6.    Further procedure.  (a) When a final 
 resolution is adopted, the proceeding must continue as provided 
 for a project initiated by a petition.  

    (b) After the managers file a statement listing the 
 property benefited, damaged, or otherwise affected by a project 
 with the auditors of counties affected by the project, the 
 proceedings for the project must continue under section 103D.901.

    HIST: 1990 c 391 art 4 s 44