116A.01 POWERS OF COUNTY BOARDS AND DISTRICT COURTS. Subdivision 1. Generally. The county boards of the several counties except counties in the seven-county metropolitan area, and the district courts are authorized to make all necessary orders for, and cause to be constructed and maintained, public water or sewer systems or combined water and sewer systems, […]
116A.02 PETITION. Subdivision 1. Form. Before any public water or sewer system or combined water and sewer system authorized by sections 116A.01 to 116A.26 is established, a petition therefor shall be filed with the county auditor, if for a system entirely within one county, or with the court administrator of the district court, if for […]
116A.03 PETITIONERS’ BOND. Upon the filing of a petition and before any action is taken thereon, one or more of the petitioners shall make and file a bond payable, in case of a county system, to the county, and in case of a judicial system, to the counties named in the petition, in the sum […]
116A.04 INSUFFICIENT BOND; EXPENSES NOT TO EXCEED PENALTY OF BOND. (a) If it shall appear at any time prior to the making of the order establishing the system that the bond of petitioners is insufficient in amount to protect the county or counties from loss on account of any costs or expenses incurred or to […]
116A.05 DISMISSING PROCEEDINGS. Sixty percent of the petitioners may dismiss a proceeding under the provisions of sections 116A.01 to 116A.26 at any time prior to the order establishing the improvement, upon payment of all lawful costs, charges, expenses, and fees in the proceeding. History: 1971 c 916 s 5
116A.06 ENGINEER. Subdivision 1. Appointment. Upon filing of the petition and bond, the board or court shall, within 30 days, by order appoint an engineer to make a preliminary survey within the time fixed in the order. The engineer shall act as engineer throughout the proceeding unless otherwise ordered. Subd. 2. Qualification. The engineer shall […]
116A.07 PRELIMINARY SURVEY AND REPORT. The engineer shall promptly examine all matters set forth in the petition and order, make such preliminary survey of the territory likely to be affected by the proposed improvement as will enable the engineer to determine whether it is necessary and feasible, and report accordingly. If some plan other than […]
116A.08 PRELIMINARY HEARING. Subdivision 1. Notice. Upon the filing of the report of the engineer, the auditor shall promptly notify the board, or the court administrator shall promptly notify the judge, thereof, and the auditor, or the court administrator with the approval of the judge, shall by order fix a time for the hearing thereon, […]
116A.09 ORDER FOR DETAILED SURVEY. (a) Upon the filing of the order as specified in section 116A.08, the board or court shall order the engineer to proceed to make a detailed survey and furnish all necessary plans and specifications for the proposed improvement, together with an estimate of the total cost of construction of the […]
116A.10 ENGINEER’S SURVEY AND EXAMINATION. Upon the filing of the order calling for a detailed survey, the engineer shall prepare the complete set of plans, specifications and estimates of cost, and shall make a complete report in duplicate of the work and recommendations to the board or court, including therein all maps and profiles, and […]
116A.11 VIEWERS; APPOINTMENT; QUALIFICATION. Subdivision 1. Appointment. Following the filing of the order for a detailed survey the board or court shall make an order appointing as viewers three disinterested resident landowners of the county or counties affected. Subd. 2. Qualification. Within 30 days after the filing of the final report and survey of the […]
116A.12 SECOND HEARING. Subdivision 1. Time. Promptly after the filing of the viewers’ report and the engineer’s survey the auditor, or the court administrator with the approval of the judge, shall fix a time and place for hearing on the petition and the engineer’s and viewers’ reports. The hearing shall not be less than 25 […]
116A.13 LETTING CONTRACT. Subdivision 1. After order filed. After the filing of the order ordering the improvement, the auditor and the county board, in the instance of a county system, and the auditors of the respective counties, or a majority of them, in the instance of a judicial system, shall proceed to let the job […]
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: (a) If it shall appear to the persons interested in said system that the […]
116A.15 CONTRACT AND BOND. Subdivision 1. Provisions. The contract and bond to be executed and furnished by the contractor shall be attached. The contract shall contain the specific description of the work to be done, either expressly or by reference to the plans and specifications, and shall provide that the work shall be done and […]
116A.16 APPORTIONING COST. The cost of any water or sewer or combined system and of any improvement or extension thereof, or any part of such cost, may be assessed upon property benefited thereby, based upon the benefits received, whether or not the property abuts on the improvement. If less than all of the cost is […]
116A.17 ASSESSMENT PROCEDURE AND FINAL HEARING. Subdivision 1. Calculation; notice. At any time after the expense incurred and to be incurred in the completion of a water or sewer or combined system, or of any subsequent improvement or extension thereof, has been calculated under the direction of the board or court the county auditor or […]
116A.18 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT. Subdivision 1. Supplemental assessments. The county board or court may make supplemental assessments to correct omissions, errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular, or whenever it is ascertained that the collections of special assessments and interest thereon, together with the […]
116A.19 APPEALS. Subdivision 1. Procedure. Any party aggrieved may appeal to the district court from an order of the board or court made in any proceeding. (a) To render the appeal effectual, the appellant shall file with the auditor or court administrator within 30 days after the filing of such final order a notice of […]
116A.20 BOND ISSUES. Subdivision 1. County board authority. The county board of each county is authorized, at any time after the establishment of any system, or the formation of any district under section 116A.02, subdivision 4, to issue the bonds of the county in such amount as may be necessary to defray, in whole or […]
