2006 Minnesota Statutes

429.021 LOCAL IMPROVEMENTS, COUNCIL POWERS.
    Subdivision 1. Improvements authorized. The council of a municipality shall have power
to make the following improvements:
(1) To acquire, open, and widen any street, and to improve the same by constructing,
reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of
any material, or by grading, graveling, oiling, or otherwise improving the same, including the
beautification thereof and including storm sewers or other street drainage and connections from
sewer, water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary
sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift
stations, service connections, and other appurtenances of a sewer system, within and without
the corporate limits.
(3) To construct, reconstruct, extend, and maintain steam heating mains.
(4) To install, replace, extend, and maintain street lights and street lighting systems and
special lighting systems.
(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems,
including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment
plants, and other appurtenances of a water works system, within and without the corporate limits.
(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational
facilities within or without the corporate limits.
(7) To plant trees on streets and provide for their trimming, care, and removal.
(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private
property and to fill the same.
(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.
(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.
(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and
promote a pedestrian skyway system. Such improvement may be made upon a petition pursuant
to section 429.031, subdivision 3.
(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote underground
pedestrian concourses.
(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public
malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain district heating systems.
(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection
systems in existing buildings, but only upon a petition pursuant to section 429.031, subdivision 3.
(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway sound
barriers.
(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution
facilities owned by a municipal gas or electric utility.
(18) To purchase, install, and maintain signs, posts, and other markers for addressing related
to the operation of enhanced 911 telephone service.
(19) To improve, construct, extend, and maintain facilities for Internet access and other
communications purposes, if the council finds that:
(i) the facilities are necessary to make available Internet access or other communications
services that are not and will not be available through other providers or the private market in the
reasonably foreseeable future; and
(ii) the service to be provided by the facilities will not compete with service provided by
private entities.
(20) To assess affected property owners for all or a portion of the costs agreed to with an
electric utility, telecommunications carrier, or cable system operator to bury or alter a new or
existing distribution system within the public right-of-way that exceeds the utility's design and
construction standards, or those set by law, tariff, or franchise, but only upon petition under
section 429.031, subdivision 3.
    Subd. 2. Combining improvements. An improvement on two or more streets or two or more
types of improvement in or on the same street or streets or different streets may be included in one
proceeding and conducted as one improvement.
    Subd. 3. Relation to charter and other laws. When any portion of the cost of an
improvement is defrayed by special assessments, the procedure prescribed in this chapter shall
be followed unless the council determines to proceed under charter provisions; but this chapter
does not prescribe the procedure to be followed by a municipality in making improvements
financed without the use of special assessments.
If the council determines to proceed under charter provisions for special assessments, such
provisions shall be deemed to include a requirement that notices of proposed assessments inform
property owners of the procedures they must follow under the charter in order to appeal the
assessments to district court. The notices shall also inform property owners of the provisions of
sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant
thereto in the municipality.
Charter provisions shall also be deemed to require that when the council determines to make
any improvement, it shall let the contract for all or part of the work, or order all or part of the
work done by day labor or otherwise as may be authorized by the charter, no later than one year
after the adoption of the resolution ordering such improvement, unless a different time limit is
specifically stated in the resolution ordering the improvement.
History: 1953 c 398 s 2; 1965 c 877 s 1; 1971 c 617 s 5; 1973 c 201 s 1; 1974 c 233 s 2;
1974 c 314 s 1; 1976 c 195 s 1; 1978 c 518 s 1; 1979 c 330 s 2; 1981 c 334 s 5; 1984 c 548 s 4;
1984 c 582 s 3; 1984 c 591 s 2; 1984 c 633 s 2; 1987 c 138 s 2; 1997 c 219 s 5; 2000 c 490 art 5 s
31; 2000 c 493 s 5; 2005 c 67 s 1