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<br /> <br />429.071 LOCAL lMPROVEMENTS, SPECJAL ASSESSMENTS <br /> <br />assessment or a new assessment as to the parcel in an amount equal to the amount remaining <br />unpaid on the original assessmenl. <br />History: 1953 c 398 s 7: 1957 c 366 s I: 1961 c 525 s 8: 1965 c 877 s 4: 1976 c 259 <br /> <br />. <br /> <br />.,1 <br /> <br />429.08 [Repealed, 1953 c 398 s 13 subd I] <br /> <br />429.081 APPEAL TO DISTRICT COURT. <br />Within 30 days after the adoption of the assessment. any person aggrieved, who is not <br />precluded by failure to object prior to or ar the assessment hearing, or whose failure to so <br />object is due to a reasonable cause, may appeal to the district court by serving a notice upon <br />the mayor or clerk of the municipality. The notice shall be filed with the court administrator <br />ofthe district court within ten days after its service. The municipal clerk shall furnish appel- <br />lant a certified copy of objections filed in the assessment proceedings, the assessment roll or <br />part complained of, and all papers necessary to present the appeal. The appeal shall be placed <br />upon the caiendar of the next general term commencing more than five days after the date of <br />serving the notice and shall be tried as other appeals in such cases. The court shall either af- <br />firm the assessment or set it aside and order a reassessment as provided in section 429.071, <br />subdivision 2. If appellant does not prevail upon the appeal. the costs incurred shall be taxed <br />by the court and judgment entered therefor. All objections to the assessment shall be deemed <br />waived unless presented on such appeal. This section provides the exclusive method of ap- <br />peal from a special assessment levied pursuant to this chapter. <br />History: 1953 c 398 s 8; 1961 c 525 s 9; 1978 c 749 s 2: 1980 c 607 art 11 s 3: <br />ISpl986 c 3 art J s 82 <br /> <br />429.09 [Repealed. 1953 c 398 s 13 ] <br /> <br />429.091 FINANCING. <br />Subdivision 1. Authority. At any time after one or more improvements are ordered as. <br />contemplated in section 429.031. the council may issue obligations in such amount as it <br />deems necessary to defray in whole or in part the expense incurred and estimated to be in- <br />curred in making the improvement or improvements. including every item of cost of the <br />kinds authorizedin section 475.65. In the event of any omission, error, or mistake in any of <br />the proceedings required precedent to the ordering of any improvement, the validity of the <br />obligations shall not be affected thereby. The council shall cause all further actions and pro- <br />ceedings to be taken with due diligence that are required for the construction of each im- <br />provement financed wholly or partly from the proceeds of obligations issued hereunder. and <br />for the tlnal and valid levy of special assessments and the appropriation of any other funds <br />needed to pay the obligations and interest thereon when due. <br />Subd. 2. Types or obligations permitted. The council may by resolution adopted prior <br />to the sale of obligations pledge the full faith, credit. and taxing power of the municipality for <br />the payment of the principai and interest. Such obligations shall be called improvement <br />bonds and the council shall pay the principal and interest out of any fund of the municipality <br />when the amount credited to the specified fund is insufficient for the purpose and shall each <br />year levy a sufticient amount to take care of accumulated or anticipated deficiencies, which <br />levy shall not be subject to any statutory or chaner tax limitation. Obligations for the pay- <br />ment of which the full faith and credit of the municipality is not pledged shall be called as. <br />sessment revenue notes or. in the ca<.;e of bonds for fire protection. revenue bonds and shall <br />contain a promise to pay solely out of the proper special fund or funds pledged to their pay- <br />ment.1t shall be the duty of the municipal treasurer to pay maturing principal and interest on <br />warrants or revenue bonds out of funds on hand in the proper funds and not otherwise. <br />Subd. 3. Metbod of issuance, All obligations shall be issued in accordance with the <br />provisions of chapter 475. except as provided in this subdivision. <br />An election shall be required for bonds iness than 20 percent of the cost ofthe improve- <br />ment to the municipality is to be assessed against benefited property. <br />If the full faith. credit. and taxing powerofthe municipality is not pledged and the bonds <br />are issued to finance a tire protection system. a public sale shall not be required and the ob-- <br />ligations may <br /> <br />. <br /> <br />63& <br /> <br />639 <br /> <br />(a) mature at any time <br />useful life of the asset, whicl <br />terns and essential commUDl <br />ment of Agriculture; <br /> <br />(b) mature in the amo" <br /> <br />(c) be sold at a price eql <br /> <br />(d) bear interest at the <br /> <br />as agreed by the purchaser: <br />rate or cost or of the amoun <br /> <br />The maturities shall be <br />pated collections of assessr <br />cost; except that the counc <br />bonds maturing and subject <br />shall state upon their face th <br />The amount of any obligati( <br />indebtedness of any munic; <br />ness. <br />Subd. 4. Funds. The <br />collections of special asse" <br />ment to be fInanced wholl <br />construction fund which sh <br />payment of principal and in <br />of all costs of the improven~ <br />ing therein may be used to I <br />tuted pursuant to this chapte <br />to record expenditures for { <br />all subsequent collections ( <br />iled and paid into the debt Sl <br />as provided in section 475 <br />obligations shall be credite <br /> <br />Subd.5. Temporary; <br />ment bonds, the council ma <br />luring within not more than <br />of one or more improvemer <br />improvement bonds cannO! <br />other funds appropriated f( <br />ment bonds or additional t <br />sale in advance of their ma <br />provement bonds shall not <br />. bonds for more than six ye <br />improvement bonds shall h <br />, ings, all rights respecting tl <br />i to pay the cost of the impro <br />hnprovernentbonds,excep <br />of the temporary improver <br />full at maturity, the holder <br />temporary improvement b <br />subject to any other maturi. <br />by law. <br /> <br />Subd. 6. Investment <br />vested in its temporary in <br />1l8A.04, and may be purc <br />funds which the council del <br />ty date. and shall be resold <br />debt service fund securing <br />