1.1                          A bill for an act 
  1.2             relating to municipalities; adding conversion of 
  1.3             overhead electric and communication facilities to 
  1.4             underground and related work to the list of authorized 
  1.5             improvements that may be paid for by the special 
  1.6             assessment procedure; amending Minnesota Statutes 
  1.7             2000, section 429.021, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 429.021, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [IMPROVEMENTS AUTHORIZED.] The council of a 
  1.12  municipality shall have power to make the following improvements:
  1.13     (1) To acquire, open, and widen any street, and to improve 
  1.14  the same by constructing, reconstructing, and maintaining 
  1.15  sidewalks, pavement, gutters, curbs, and vehicle parking strips 
  1.16  of any material, or by grading, graveling, oiling, or otherwise 
  1.17  improving the same, including the beautification thereof and 
  1.18  including storm sewers or other street drainage and connections 
  1.19  from sewer, water, or similar mains to curb lines. 
  1.20     (2) To acquire, develop, construct, reconstruct, extend, 
  1.21  and maintain storm and sanitary sewers and systems, including 
  1.22  outlets, holding areas and ponds, treatment plants, pumps, lift 
  1.23  stations, service connections, and other appurtenances of a 
  1.24  sewer system, within and without the corporate limits. 
  1.25     (3) To construct, reconstruct, extend, and maintain steam 
  1.26  heating mains. 
  2.1      (4) To install, replace, extend, and maintain street lights 
  2.2   and street lighting systems and special lighting systems. 
  2.3      (5) To acquire, improve, construct, reconstruct, extend, 
  2.4   and maintain water works systems, including mains, valves, 
  2.5   hydrants, service connections, wells, pumps, reservoirs, tanks, 
  2.6   treatment plants, and other appurtenances of a water works 
  2.7   system, within and without the corporate limits. 
  2.8      (6) To acquire, improve and equip parks, open space areas, 
  2.9   playgrounds, and recreational facilities within or without the 
  2.10  corporate limits. 
  2.11     (7) To plant trees on streets and provide for their 
  2.12  trimming, care, and removal. 
  2.13     (8) To abate nuisances and to drain swamps, marshes, and 
  2.14  ponds on public or private property and to fill the same. 
  2.15     (9) To construct, reconstruct, extend, and maintain dikes 
  2.16  and other flood control works. 
  2.17     (10) To construct, reconstruct, extend, and maintain 
  2.18  retaining walls and area walls. 
  2.19     (11) To acquire, construct, reconstruct, improve, alter, 
  2.20  extend, operate, maintain, and promote a pedestrian skyway 
  2.21  system.  Such improvement may be made upon a petition pursuant 
  2.22  to section 429.031, subdivision 3.  
  2.23     (12) To acquire, construct, reconstruct, extend, operate, 
  2.24  maintain, and promote underground pedestrian concourses. 
  2.25     (13) To acquire, construct, improve, alter, extend, 
  2.26  operate, maintain, and promote public malls, plazas or 
  2.27  courtyards. 
  2.28     (14) To construct, reconstruct, extend, and maintain 
  2.29  district heating systems.  
  2.30     (15) To construct, reconstruct, alter, extend, operate, 
  2.31  maintain, and promote fire protection systems in existing 
  2.32  buildings, but only upon a petition pursuant to section 429.031, 
  2.33  subdivision 3.  
  2.34     (16) To acquire, construct, reconstruct, improve, alter, 
  2.35  extend, and maintain highway sound barriers. 
  2.36     (17) To improve, construct, reconstruct, extend, and 
  3.1   maintain gas and electric distribution facilities owned by a 
  3.2   municipal gas or electric utility. 
  3.3      (18) To purchase, install, and maintain signs, posts, and 
  3.4   other markers for addressing related to the operation of 
  3.5   enhanced 911 telephone service. 
  3.6      (19) To improve, construct, extend, and maintain facilities 
  3.7   for Internet access and other communications purposes, if the 
  3.8   council finds that: 
  3.9      (i) the facilities are necessary to make available Internet 
  3.10  access or other communications services that are not and will 
  3.11  not be available through other providers or the private market 
  3.12  in the reasonably foreseeable future; and 
  3.13     (ii) the service to be provided by the facilities will not 
  3.14  compete with service provided by private entities. 
  3.15     (20) To provide for the conversion of existing overhead 
  3.16  electric or communication facilities to underground locations 
  3.17  and the construction, reconstruction, or relocation of any other 
  3.18  electric or communication facilities which may be incidental 
  3.19  thereto.  In order to fund any such conversion, the council of a 
  3.20  municipality shall impose a special assessment on those 
  3.21  consumers within such utility's service area who derive a direct 
  3.22  benefit from the conversion of overhead electric and 
  3.23  communication facilities to underground locations.