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.
116A.14 PROCEDURE WHEN CONTRACT NOT LET.
Subsequent to the establishment of any water or sewer system, if no bids are received
except for a price more than 30 percent in excess of the engineer's estimate proceedings may be
had as follows:
If it shall appear to the persons interested in said system that the engineer made an error in
the estimate or that the plans and specifications could be changed in a manner materially affecting
the cost of the improvements without interfering with the efficiency thereof, then any of said
persons may petition the board or court so stating and asking that an order be made reconsidering
and rescinding the order theretofore made establishing the system, and that the engineer's and
viewers' reports be referred back to the engineer and to the viewers for further consideration.
Upon presentation of such petition, the board or court shall order a hearing, therein
designating the time and place for hearing, and cause notice thereof to be given by publication in
the same newspapers where the notice of final hearing was theretofore published.
At the time and place specified in the order and notice, the board or court shall consider the
petition and hear all interested parties.
Upon said hearing, if it shall appear that the engineer's original estimate was erroneous and
should be corrected, or that the plans and specifications could be changed in a manner materially
affecting the cost of the improvement without interfering with the efficiency thereof, and further,
that upon said correction or modification, a contract could be let within the 30 percent limitation
then the board or court may, by order, authorize the engineer to amend the report. If the changes
recommended by the engineer in any manner affect the amount of damages to any property, the
viewers' report shall be referred back to the viewers to reexamine the damages and report the
same to the board or court.
The board or court may continue the hearing to give the engineer or the viewers additional
time for the making of their amended reports and in such case the jurisdiction of the board or
court shall continue in all respects at the adjourned hearing.
Upon said hearing the board or court shall have full authority to reopen the original order
establishing said system, and to set said order aside, and to consider the amended engineer's
report and the amended viewers' report, if any, and to make findings and an order thereon the
same as is provided in section 116A.12. All proceedings thereafter taken shall be the same as is
provided upon the original findings and order of the board or court.
History: 1971 c 916 s 14; 1986 c 444
Subsequent to the establishment of any water or sewer system, if no bids are received
except for a price more than 30 percent in excess of the engineer's estimate proceedings may be
had as follows:
If it shall appear to the persons interested in said system that the engineer made an error in
the estimate or that the plans and specifications could be changed in a manner materially affecting
the cost of the improvements without interfering with the efficiency thereof, then any of said
persons may petition the board or court so stating and asking that an order be made reconsidering
and rescinding the order theretofore made establishing the system, and that the engineer's and
viewers' reports be referred back to the engineer and to the viewers for further consideration.
Upon presentation of such petition, the board or court shall order a hearing, therein
designating the time and place for hearing, and cause notice thereof to be given by publication in
the same newspapers where the notice of final hearing was theretofore published.
At the time and place specified in the order and notice, the board or court shall consider the
petition and hear all interested parties.
Upon said hearing, if it shall appear that the engineer's original estimate was erroneous and
should be corrected, or that the plans and specifications could be changed in a manner materially
affecting the cost of the improvement without interfering with the efficiency thereof, and further,
that upon said correction or modification, a contract could be let within the 30 percent limitation
then the board or court may, by order, authorize the engineer to amend the report. If the changes
recommended by the engineer in any manner affect the amount of damages to any property, the
viewers' report shall be referred back to the viewers to reexamine the damages and report the
same to the board or court.
The board or court may continue the hearing to give the engineer or the viewers additional
time for the making of their amended reports and in such case the jurisdiction of the board or
court shall continue in all respects at the adjourned hearing.
Upon said hearing the board or court shall have full authority to reopen the original order
establishing said system, and to set said order aside, and to consider the amended engineer's
report and the amended viewers' report, if any, and to make findings and an order thereon the
same as is provided in section 116A.12. All proceedings thereafter taken shall be the same as is
provided upon the original findings and order of the board or court.
History: 1971 c 916 s 14; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes