Minnesota Session Laws - 2005, Regular Session

                             CHAPTER 67-H.F.No. 732 
                  An act relating to local government; authorizing 
                  electric or utility special assessments exceeding 
                  standards on petition of all affected owners; amending 
                  Minnesota Statutes 2004, section 429.021, subdivision 
                  1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 429.021, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IMPROVEMENTS AUTHORIZED.] The council of a 
        municipality shall have power to make the following improvements:
           (1) To acquire, open, and widen any street, and to improve 
        the same by constructing, reconstructing, and maintaining 
        sidewalks, pavement, gutters, curbs, and vehicle parking strips 
        of any material, or by grading, graveling, oiling, or otherwise 
        improving the same, including the beautification thereof and 
        including storm sewers or other street drainage and connections 
        from sewer, water, or similar mains to curb lines. 
           (2) To acquire, develop, construct, reconstruct, extend, 
        and maintain storm and sanitary sewers and systems, including 
        outlets, holding areas and ponds, treatment plants, pumps, lift 
        stations, service connections, and other appurtenances of a 
        sewer system, within and without the corporate limits. 
           (3) To construct, reconstruct, extend, and maintain steam 
        heating mains. 
           (4) To install, replace, extend, and maintain street lights 
        and street lighting systems and special lighting systems. 
           (5) To acquire, improve, construct, reconstruct, extend, 
        and maintain water works systems, including mains, valves, 
        hydrants, service connections, wells, pumps, reservoirs, tanks, 
        treatment plants, and other appurtenances of a water works 
        system, within and without the corporate limits. 
           (6) To acquire, improve and equip parks, open space areas, 
        playgrounds, and recreational facilities within or without the 
        corporate limits. 
           (7) To plant trees on streets and provide for their 
        trimming, care, and removal. 
           (8) To abate nuisances and to drain swamps, marshes, and 
        ponds on public or private property and to fill the same. 
           (9) To construct, reconstruct, extend, and maintain dikes 
        and other flood control works. 
           (10) To construct, reconstruct, extend, and maintain 
        retaining walls and area walls. 
           (11) To acquire, construct, reconstruct, improve, alter, 
        extend, operate, maintain, and promote a pedestrian skyway 
        system.  Such improvement may be made upon a petition pursuant 
        to section 429.031, subdivision 3.  
           (12) To acquire, construct, reconstruct, extend, operate, 
        maintain, and promote underground pedestrian concourses. 
           (13) To acquire, construct, improve, alter, extend, 
        operate, maintain, and promote public malls, plazas or 
        courtyards. 
           (14) To construct, reconstruct, extend, and maintain 
        district heating systems.  
           (15) To construct, reconstruct, alter, extend, operate, 
        maintain, and promote fire protection systems in existing 
        buildings, but only upon a petition pursuant to section 429.031, 
        subdivision 3.  
           (16) To acquire, construct, reconstruct, improve, alter, 
        extend, and maintain highway sound barriers. 
           (17) To improve, construct, reconstruct, extend, and 
        maintain gas and electric distribution facilities owned by a 
        municipal gas or electric utility. 
           (18) To purchase, install, and maintain signs, posts, and 
        other markers for addressing related to the operation of 
        enhanced 911 telephone service. 
           (19) To improve, construct, extend, and maintain facilities 
        for Internet access and other communications purposes, if the 
        council finds that: 
           (i) the facilities are necessary to make available Internet 
        access or other communications services that are not and will 
        not be available through other providers or the private market 
        in the reasonably foreseeable future; and 
           (ii) the service to be provided by the facilities will not 
        compete with service provided by private entities. 
           (20) To assess affected property owners for all or a 
        portion of the costs agreed to with an electric utility, 
        telecommunications carrier, or cable system operator to bury or 
        alter a new or existing distribution system within the public 
        right-of-way that exceeds the utility's design and construction 
        standards, or those set by law, tariff, or franchise, but only 
        upon petition under section 429.031, subdivision 3. 
           Presented to the governor May 19, 2005 
           Signed by the governor May 23, 2005, 11:45 a.m.