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2009_0817_Packet
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2009_0817_Packet
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19 MINNESOTA STATUTES 2008 429.091 <br />obj ections filed in the assessment proceedings, the assessment roll or part complained of, and all <br />papers necessary to present the appeal. The appeal shall be placed upon the calendar of the next <br />general term commencing more than five days after the date of serving the notice and shall be <br />tried as other appeals in such cases. The court shall either affirm the assessment or set it aside and <br />order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail <br />upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor. All <br />objections to the assessment shall be deemed waived unless presented on such appeal. This section <br />provides the exclusive method of appeal 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; ISp1986 c <br />3 art 1 s 82 <br />429.09 [Repealed, 1953 c 398 s 13] <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 deems <br />necessary to defray in whole or in part the expense incurred and estimated to be incurred in <br />making the improvement or improvements, including every item of cost of the kinds authorized <br />in section 475.65. In the event of any omission, error, or mistake in any of the proceedings <br />required precedent to the ordering of any improvement, the validity of the obligations shall <br />not be affected thereby. The council shall cause all further actions and proceedings to be taken <br />with due diligence that are required for the construction of each improvement financed wholly <br />or partly from the proceeds of obligations issued hereunder, and for the final and valid levy of <br />special assessments and the appropriation of any other funds needed to pay the obligations and <br />interest thereon when due. <br />Subd. 2. Types of 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 principal and interest. Such obligations shall be called improvement bonds <br />and the council shall pay the principal and interest out of any fund of the municipality when the <br />amount credited to the specified fund is insufficient for the purpose and shall each year levy a <br />sufficient amount to take care of accumulated or anticipated deficiencies, which levy shall not be <br />subj ect to any statutory or charter tax limitation. Obligations for the payment of which the full <br />faith and credit of the municipality is not pledged shall be called assessment revenue notes or, in <br />the case of bonds for fire protection, revenue bonds and shall contain a promise to pay solely out <br />of the proper special fund or funds pledged to their payment. It shall be the duty of the municipal <br />treasurer to pay maturing principal and interest on warrants or revenue bonds out of funds on <br />hand in the proper funds and not otherwise. <br />Copyright �O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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