2004 Minnesota Statutes

     473.504 Wastewater services, powers. 

    Subdivision 1. Repealed, 1994 c 628 art 3 s 209 

    Subd. 2. Repealed, 1994 c 628 art 3 s 209 

    Subd. 3. Repealed, 1994 c 628 art 3 s 209 

    Subd. 4.    Rules, penalties.  The council shall have 
 the power to adopt rules relating to the operation of any 
 interceptors or treatment works operated by it, and may provide 
 penalties for the violation thereof not exceeding the maximum 
 which may be specified for a misdemeanor.  Any rule prescribing 
 a penalty for violation shall be published at least once in a 
 newspaper having general circulation in the metropolitan area.  

    Subd. 5.    Gifts, grants, loans.  The council may 
 accept gifts, may apply for and accept grants or loans of money 
 or other property from the United States, the state, or any 
 person for any of its purposes, including any grant available 
 under the federal Water Pollution Act amendments of 1972, 
 whether for construction, research or pilot project 
 implementation, may enter into any agreement required in 
 connection therewith, and may hold, use, and dispose of such 
 money or property in accordance with the terms of the gift, 
 grant, loan or agreement relating thereto.  The council has all 
 powers necessary to comply with the federal Water Pollution 
 Control Act amendments of 1972 and any grant offered to it 
 thereunder including, but not limited to, the power to enter 
 into such contracts with, or to impose such charges upon, 
 persons using the metropolitan disposal system as it shall 
 determine to be necessary for the recovery of treatment works 
 and interceptor costs paid with federal grant funds.  Insofar as 
 possible these costs shall be recovered by local government 
 units on behalf of the council. 

    Subd. 6.    Joint or cooperative action.  The council 
 may act under the provisions of section 471.59, or any other 
 appropriate law providing for joint or cooperative action 
 between government units.  

    Subd. 7. Repealed, 1994 c 628 art 3 s 209 

    Subd. 8. Repealed, 1994 c 628 art 3 s 209 

    Subd. 9.    May get property.  The council may acquire 
 by purchase, lease, condemnation, gift, or grant, any real or 
 personal property including positive and negative easements and 
 water and air rights, and it may construct, enlarge, improve, 
 replace, repair, maintain, and operate any interceptor or 
 treatment works determined to be necessary or convenient for the 
 collection and disposal of sewage in the metropolitan area.  Any 
 local government unit and the commissioners of transportation 
 and natural resources are authorized to convey to or permit the 
 use of any such facilities owned or controlled by it by the 
 council, subject to the rights of the holders of any bonds 
 issued with respect thereto, with or without compensation, 
 without an election or approval by any other government agency.  
 All powers conferred by this subdivision may be exercised both 
 within or without the metropolitan area as may be necessary for 
 the exercise by the council of its powers or the accomplishment 
 of its purposes.  The council may hold such property for its 
 purposes, and may lease any such property so far as not needed 
 for its purposes, upon such terms and in such manner as it shall 
 deem advisable.  Unless otherwise provided, the right to acquire 
 lands and property rights by condemnation shall be exercised in 
 accordance with chapter 117, and shall apply to any property or 
 interest therein owned by any local government unit; provided, 
 that no such property devoted to an actual public use at the 
 time, or held to be devoted to such use within a reasonable 
 time, shall be so acquired unless a court of competent 
 jurisdiction shall determine that the use proposed by the board 
 is paramount to such use.  Except in case of property in actual 
 public use, the council may take possession of any property for 
 which condemnation proceedings have been commenced at any time 
 after the issuance of a court order appointing commissioners for 
 its condemnation.  

    Subd. 10.    Nonfranchise required.  The council may 
 construct or maintain its systems or facilities in, along, on, 
 under, over, or through public streets, bridges, viaducts, and 
 other public rights-of-way without first obtaining a franchise 
 from any local government unit having jurisdiction over them; 
 but such facilities shall be constructed and maintained in 
 accordance with the ordinances and resolutions of any such 
 government unit relating to construction, installation, and 
 maintenance of similar facilities in such public properties and 
 shall not obstruct the public use of such rights-of-way.  

    Subd. 11.    Surplus property.  The council may sell or 
 otherwise dispose of any real or personal property acquired by 
 it which is no longer required for accomplishment of its 
 purposes.  Such property may be sold in the manner provided by 
 section 469.065, insofar as practical.  The council may give 
 such notice of sale as it shall deem appropriate.  When the 
 council determines that any property or any interceptor or 
 treatment works or any part thereof which has been acquired from 
 a local government unit without compensation is no longer 
 required, but is required as a local facility by the government 
 unit from which it was acquired, the council may by resolution 
 transfer it to such government unit.  

    Subd. 12.    Pacts with other governments.  The council 
 may contract with the United States or any agency thereof, any 
 state or agency thereof, or any local government unit or 
 governmental agency or subdivision, for the joint use of any 
 facility owned by the council or such entity, for the operation 
 by such entity of any system or facility of the council, or for 
 the performance on the council's behalf of any service, on such 
 terms as may be agreed upon by the contracting parties.  

    HIST: 1975 c 13 s 79; 1976 c 166 s 7; 1985 c 248 s 70; 1987 c 
 291 s 229; 1994 c 628 art 3 s 143-149; 1995 c 236 s 20