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2009_0817_Packet
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5 <br />MINNESOTA STATUTES 2008 429.031 <br />(ii) the service to be provided by the facilities will not compete with service provided by <br />private entities. <br />(20) To assess affected property owners for all or a portion of the costs agreed to with an <br />electric utility, telecommunications carrier, or cable system operator to bury or alter a new or <br />existing distribution system within the public right-of-way that exceeds the utility's design and <br />construction standards, or those set by law, tariff, or franchise, but only upon petition under <br />section 429.031, subdivision 3. <br />Subd. 2. Combining improvements. An improvement on two or more streets or two or <br />more types of improvement in or on the same street or streets or different streets may be included <br />in one proceeding and conducted as one improvement. <br />Subd. 3. Relation to charter and other laws. When any portion of the cost of an <br />improvement is defrayed by special assessments, the procedure prescribed in this chapter shall <br />be followed unless the council determines to proceed under charter provisions; but this chapter <br />does not prescribe the procedure to be followed by a municipality in making improvements <br />financed without the use of special assessments. <br />If the council determines to proceed under charter provisions for special assessments, such <br />provisions shall be deemed to include a requirement that notices of proposed assessments inform <br />property owners of the procedures they must follow under the charter in order to appeal the <br />assessments to district court. The notices shall also inform property owners of the provisions of <br />sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant <br />thereto in the municipality. <br />Charter provisions shall also be deemed to require that when the council determines to <br />make any improvement, it shall let the contract for all or part of the work, or order all or part of <br />the work done by day labor or otherwise as may be authorized by the charter, no later than one <br />year after the adoption of the resolution ordering such improvement, unless a different time limit <br />is specifically stated in the resolution ordering the improvement. <br />History: 1953 c 398 s 2; 1965 c 877 s 1; 1971 c 617 s S; 1973 c 201 s 1; 1974 c 233 s <br />2; 1974c314s1; 1976c195s1; 1978c518s1; 1979c330s2; 1981 c334s5; 1984c548 <br />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 S; 2000 c <br />490artSs31; 2000c493sS; 2005c67s1 <br />429.03 [Repealed, 1953 c 398 s 13 subd 1] <br />429.031 PRELIMINARY PLANS, HEARINGS. <br />Subdivision 1. Preparation of plans, notice of hearing. (a) Before the municipality <br />awards a contract for an improvement or orders it made by day labor, or before the municipality <br />Copyright �O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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