Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985 CHAPTER 169-H.F.No. 889 An act relating to local government; providing for the conduct of the business of towns; providing for certain town debt; authorizing certain towns to provide certain services; revising various other town laws; allowing certain municipalities to set shorter voting hours; amending Minnesota Statutes 1984, sections 160.17, subdivision 1; 160.25, subdivision 3; 163.11, subdivision 5a, and by adding a subdivision; 164.06; 204C.05, subdivision 1; 365.10; 365.37; 365.44; 366.095; 367.03, subdivision 2; 367.10; 367.23; 444.075; and 471.56, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 379; repealing Minnesota Statutes 1984, section 375.18, subdivisions 4, 5, and 6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1984, section 160.17, subdivision 1, is amended to read: Subdivision 1. [PLANS AND SPECIFICATIONS TO BE FILED IN CERTAIN CASES.] No contract for the construction or improvement of any road by a county or town in which the contract price exceeds the amount for which sealed bids are required as provided in section 471.345 shall be let unless the plans and specifications for the construction or improvement of the county or county state-aid highway are on file in the office of the county auditor and a true copy of them available for reference in the office of the county highway engineerwith respect tocounty and county state-aid highways, and the plans and specifications for the construction or improvement of the town road are on file with the town clerkwith respect to town roads. Sec. 2. Minnesota Statutes 1984, section 160.25, subdivision 3, is amended to read: Subd. 3. [TUNNEL TO BE MAINTAINED BY ROAD AUTHORITY.] Any tunnel constructed as provided in this section under any highway shall be maintained by the road authority having jurisdiction over the highway. A town board may charge the costs of maintenance of the tunnel to the users. Sec. 3. Minnesota Statutes 1984, section 163.11, subdivision 5a, is amended to read: Subd. 5a. [HEARINGS ON CERTAIN REVERSIONS.] Before adopting a resolution revoking a county highway that would revert in whole or in part to a town, the county board shall fix a date, time and place of hearing in the town where the highway is located to consider the revocation. Not less than 30 days before the hearing, the county board shall serve notice of the hearing by certified mail on each member of the town board of supervisors. At the hearing the town board and all interested persons shall be entitled to be heard and express their views on the proposed reversion of the highway to the town. After the hearing the county board may adopt a resolution revoking the highway. The resolution revoking the highway shall not be effective until thecounty has completed repairs or improvementson the highway that are necessary to meet the county standardsfor a comparable road in the county in which the town is locatedfollowing conditions are met: (1) The county has completed repairs or improvements on the highway that are necessary to meet the county standards for a comparable road in the county in which the town is located; and (2) The county has properly recorded with the county recorder all county interest in real estate used for the highway. Sec. 4. Minnesota Statutes 1984, section 163.11, is amended by adding a subdivision to read: Subd. 5b. [REVOKED HIGHWAYS; MAINTENANCE.] A county highway that is revoked by a county board to a town under this section shall be maintained by the county for a period of two years from the date of revocation. Sec. 5. Minnesota Statutes 1984, section 164.06, is amended to read: 164.06 [ESTABLISH, ALTER, OR VACATE BY RESOLUTION.] A town board, when authorized by a vote of the electors atthe annual meeting, or at a special meeting called for thatpurpose,may establish, alter, or vacate a town road by resolution, and may acquire the right-of-way as may be necessary for the road by gift, purchase or as provided in section 164.07. Sec. 6. Minnesota Statutes 1984, section 204C.05, subdivision 1, is amended to read: Subdivision 1. [OPENING AND CLOSING TIMES.] Except as otherwise provided in this section, at the state primary and the state general election the hours for voting in every precinct in the state shall begin at 7:00 a.m. and shall extend continuously until 8:00 p.m. Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The governing body of a town with less than 500 inhabitants according to the most recent federal decennial census, which is located outside the metropolitan area as defined in section 473.121, subdivision 2, may fix a later time for voting to begin at state primary, special, or general elections, if approved by a vote of the town electors at the annual town meeting. The question of shorter voting hours must be included in the notice of the annual town meeting before the question may be submitted to the electors at the meeting. The later time may not be later than 10:00 a.m. for special, primary, or general elections. The town clerk shall either post or publish notice of the changed hours and notify the county auditor of the change 30 days before the election. Subd. 1b. [ELECTIONS; UNORGANIZED TERRITORY.] An unorganized territory or unorganized territories which constitute a voting district may have shorter voting hours if at least 20 percent of the registered voters residing in the voting district sign a petition for shorter hours and present it to the county auditor. The later time may not be later than 10:00 a.m. for special, primary, or general elections. The county auditor shall either post or publish notice of the changed hours, within the voting district, 30 days before the election. Sec. 7. Minnesota Statutes 1984, section 365.10, is amended to read: 365.10 [TOWN MEETINGS, POWERS.] The electors of each town have power, at their annual town meeting: (1) To determine the locations of pounds, and number of poundmasters, and to discontinue any such pounds; (2) To select such town officers as are to be chosen; (3) To make lawful orders and bylaws as they deem proper for restraining horses, cattle, sheep, swine, and other domestic animals from going at large on the highways, provide for impounding those animals so going at large, and to fix penalties for violations of the orders or bylaws; (4) To vote money for the repair and construction of roads and bridges, and to vote such sums as they deem expedient for other town expenses, including the construction and maintenance of docks and breakwaters; (5) When they deem it for the interest of the town to direct that a specified amount of the road tax be expended, under the direction of their town board, on the roads of an adjoining town; (6) To authorize the town board to purchase or build a town hall or other building for the use of the town, and to determine, by ballot, the amount of money to be raised for that purpose; but, if a site for a town hall is once obtained, it shall not be changed for another site, except by vote therefor designating a new site by two-thirds of the votes cast at such election of the legal voters of the town; (7) To authorize the town board, by vote, to purchase grounds for a town cemetery, and limit the price to be paid, and to vote a tax for the payment thereof; (8) To authorize the town, either by itself or in conjunction with one or more other towns, to purchase grounds for a public park and to limit the price to be paid therefor, to authorize the town, alone or in conjunction with such other town or towns, to care for, improve, and beautify such parks, and to determine, by ballot, the amount of money to be raised for that purpose, and to vote a tax for the payment thereof; (9) To vote money to aid in the construction of community halls, to be erected by farm bureaus, farmers clubs, or other like organizations; (10) To vote a tax to purchase and maintain a public dumping ground; (11) To authorize the town board, by resolution, to determine whether to open or maintain town roads or town cartways under the jurisdiction of the town board upon which no maintenance or construction has been conducted for 25 years or more. For purposes of this clause the provisions of section 163.16 shall not apply to town roads described in this clause,nor shall the provisions of this clause apply to cartways. Nothing in this clause shall be construed to abridge the right of town voters or land owners to petition for the establishment of a cartway as provided in section 164.08; (12) To authorize the town board to spend money in an amount as determined by the electors for the purpose of commemorating an event of historical significance to the town; (13) To authorize the town board to provide, by ordinance, for licensing and regulating the presence or keeping of dogs and cats and their running at large within the town; and (14) To authorize the town board to contract with nonprofit organizations for health, social, or recreational services in an amount not to exceed a total of $5,000 in any year when deemed in the public interest and of benefit to the town. Sec. 8. Minnesota Statutes 1984, section 365.37, is amended to read: 365.37 [CONTRACTS; LET ON BIDS, OFFICERS NOT TO BE INTERESTED.] Except as provided in sections 471.87 to 471.89, no supervisors, town clerk, or town board shall become a party to, or be directly or indirectly interested in, any contract made or payment voted by the town board and all contracts let on bid shall be let to the lowest responsible bidder after ten days public notice, posted in the three most public places in the town or published for two weeks in a newspaper generally circulated in the town, of the time and place of receiving bids. In cases of special emergency, a contract may be let without the notice being given or sealed bids solicited. Every contract made and payment voted or made contrary to the provisions of this section shall be void and any such officer violating the provisions of this section shall be guilty of a misdemeanor and, in addition to the provisions prescribed by law, removed from office. Sec. 9. Minnesota Statutes 1984, section 365.44, is amended to read: 365.44 [SEPARATION FROM A STATUTORY CITY.] Upon filing with the clerk of any town, except in any townhaving an area of more than two congressional townships and anassessed valuation of more than $1,500,000 or having apopulation of more than 1,000 including the population of anystatutory city located within the town,of a notice, signed by not less than 50 town votersthereofresiding either within or without the statutory city to be separated stating that the question of the separation ofsuchthe town for all purposes from any statutory city locatedthereinwithin the town will be voted upon at the next annual town meeting, the clerk shall insertsuchthe statement in the notice ofsuchthe meeting, and the question shall be voted upon by a ballot. If a majority of the votes cast uponsuchthe proposition be in favor of the separation,suchthe town shallthereafterbe separated fromsuchthe statutory city for all purposes. Only voters residing without the statutory cityshall be entitled tomay vote uponsuchthe question atsaidthe town meeting. Sec. 10. Minnesota Statutes 1984, section 366.095, is amended to read: 366.095 [FINANCING PURCHASE OF CERTAIN EQUIPMENT.] The town board may issue certificates of indebtedness within the existing debt limits forthe purpose of purchasingfire or police equipment or ambulance equipment or roadconstruction or maintenance equipmenta town purpose otherwise authorized by law. The certificates shall be payable in not more than five years and shall be issued on the terms and in the manner as the board may determine. If the amount of the certificates to be issued to finance the purchase exceeds one percent of the assessed valuation of the town, excluding money and credits, they shall not be issued for at least ten days after publication in a newspaper of general circulation in the town of the board's resolution determining to issue them; and if before the end of that time, a petition asking for an election on the proposition signed by voters equal to ten percent of the number of voters at the last regular town election is filed with the clerk, the certificates shall not be issued until the proposition of their issuance has been approved by a majority of the votes cast on the question at a regular or special election. A tax levy shall be made for the payment of the principal and interest on the certificates as in the case of bonds. Sec. 11. Minnesota Statutes 1984, section 367.03, subdivision 2, is amended to read: Subd. 2. [VACANCIES.] When a vacancy occurs inanya town office the town board shall fill thesamevacancy by appointment. The personsoappointed shall holdhisoffice until the next annual town meetingand until his successor qualifies; provided,thatwhen a successor shall be elected to hold office for the unexpired term. A vacancy in the office of supervisor shall be filled by the remaining supervisors and the town clerk until the next annual town meeting, when his successor shall be elected to hold for the unexpired term. When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled. Law enforcement vacancies shall be filled by appointment by the town board. Sec. 12. Minnesota Statutes 1984, section 367.10, is amended to read: 367.10 [TOWN CLERK; BOND; OATH.] Every town clerk, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the town board, conditioned for the faithful discharge of the duties of clerk. The bond, with the oath ofoffice,shall be filed with the county auditor. Sec. 13. Minnesota Statutes 1984, section 367.23, is amended to read: 367.23 [BONDS, HOW EXECUTED.] Every bond required of a town officer shall be executed to the town by its name and, when no other provision is made, shall be in a sum fixed by the town board; and, if none is fixed, then in the sum of the bond of the last incumbent of the office. Every bond shall beapproved by the chairman andfiled with the town clerk within the time prescribed for filing the oath of office, except the bonds of the clerk and the treasurer, which shall be filed with the county auditor. Whenever the town board deems any bond insufficient, it may require an additional bond to be made and filed, in a sum, and within a time not less than ten days, to be fixed by it. Sec. 14. [379.045] [FIRST TOWN MEETING; ELECTION OF OFFICERS.] The first town meeting and election of officers in each new town shall be held as provided in sections 365.50 and 367.03, subdivision 1. Sec. 15. Minnesota Statutes 1984, section 444.075, is amended to read: 444.075 [WATERWORKS SYSTEMS, MAIN SEWERS, SEWAGE DISPOSAL PLANTS.] Subdivision 1. [DEFINITIONS.] For purposes of this section, the term "municipality" means a home rule charter or statutory city or a town located in a metropolitan county as defined in section 473.121, subdivision 4. The term "governing body" means the town board of supervisors with respect to towns. Subd. 1a. [AUTHORIZATION.] Any home rule charter city, except cities of the first class, or any statutory city may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain (i) waterworks systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a waterworks system, (ii) sewer systems, sewage treatment works, disposal systems, and other facilities for disposing of sewage, industrial waste, or other wastes, and (iii) storm sewer systems, including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of storm water, all hereinafter called facilities, and maintain and operate thesamefacilities inside or outside its corporate limits, and acquire by gift, purchase, lease, condemnation or otherwise any and all land and easements required for that purpose. The authority hereby grantedshall beis in addition to all other powers with reference to the facilities otherwise granted by the laws of this state or by the charter of anycitymunicipality. The authority granted in clause (iii) tocitiesmunicipalities which have territory within a watershed which has adopted a watershed plan pursuant to section 473.878 shall be exercised, with respect to facilities acquired following the adoption of the watershed plan, only for facilities which are not inconsistent with the watershed plan. The authority granted in clause (iii) tocitiesmunicipalities which have adopted local water management plans pursuant to section 473.879 shall be exercised, with respect to facilities acquired following the adoption of a local plan, only for facilities which are not inconsistent with the local plan. Counties, except counties in the seven county metropolitan area, shall have the same authority granted tocitiesmunicipalities by this subdivision except for areas of the county organized into cities and areas of the county incorporated within a sanitary district established by special act of the legislature. Subd. 2. [FINANCING.] For the purpose of paying the cost of building, constructing, reconstructing, repairing, enlarging, improving, or in other manner obtainingsuchthe facilities or any portionthereofof them,any such citya municipality or county may issue and sell its general obligations, which may be made payable primarily from taxes or from special assessments to be levied to pay the cost of the facilities or from net revenues derived from water or sewer service charges or fromanyother nontax revenues pledged for their payment under charter or other statutory authority, or fromanytwo or more ofsuchthe sources; or it may issue special obligations, payable solely fromsuchtaxes or special assessments or fromsuchrevenues, or fromanytwo or more ofsuchthe sources. Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations. Allsuchobligations shall be issued and sold in accordance with chapter 475. When special assessments are pledged for the payment ofsuchthe obligations, they shall be authorized and issued in accordance with thefurtherprovisions of chapter 429, or of themunicipality'scity's charter if it authorizessuchthese obligations and the governing body determines to proceedthereunderunder the charter. When net revenues are pledged to the payment of the obligations, together with or apart from taxes and special assessments,suchthe pledge shall be made in accordance with thefurtherprovisions of subdivision 3. Subd. 3. [CHARGES; NET REVENUES.]For the purpose ofpayingTo pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment and the maintenance, operation and use ofsuchthe facilities, the governing body ofany such citya municipality or countyshallhave authority tomay impose just and equitable charges for the use and for the availability ofsuchthe facilities and for connectionstherewithwith them andtomake contracts forsuchthe charges ashereinafterprovided in this section.SuchThe charges may be imposed with respect to facilities made available by agreement with other municipalities, counties or private corporations or individuals, as well as those owned and operated by thecitymunicipality or county itself. Charges made for service directly rendered shall be as nearly as possible proportionate to the cost of furnishing thesameservice, and sewer charges may be fixed on the basis of water consumed, or by reference to a reasonable classification of the types of premises to which service is furnished, or by reference to the quantity, pollution qualities and difficulty of disposal of sewage and storm water produced, or on any other equitable basis including, but without limitation, any combination of those referred to above. Minimum charges for the availability of water or sewer service may be imposed for all premises abutting on streets or other places where municipal or county water mains or sewers are located, whether or not connectedtheretoto them. Charges for connections to the facilities may in the discretion of the governing body be fixed by reference to the portion of the costthereofof connection which has been paid by assessment of the premises to be connected, in comparison with other premises, as well as the cost of making or supervising the connection. The governing body may makeany suchthe charges a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected. The governing body may fix and levy taxes for the payment of reasonable charges to the municipality or county itself for the use and availability of the facilities for fire protection, for maintaining sanitary conditions, and for proper storm water drainage in and for public buildings, parks, streets, and other public places. In determining the reasonableness of the charges to be imposed, the governing body may give consideration to all costs of the establishment, operation, maintenance, depreciation and necessary replacements of the system, and of improvements, enlargements and extensions necessary to serve adequately the territory of thecitymunicipality or county including the principal and interest to become due on obligations issued or to be issuedtherefor. When net revenues have been appropriated to the payment of the cost of the establishment, or of any specified replacement, improvement, enlargement or extensionthereof, or to pay the principal and interest due on obligations to be issued for such purpose, no charges imposed to produce net revenues adequate forsuchthe purpose shall be deemed unreasonable by virtue of the fact that the project to be financed has not been commenced or completed, if proceedingsthereforfor it are taken with reasonable dispatch and the project, when completed, may be expected to make service available to the premises charged which will have a value reasonably commensurate withsuchthe charges. Allsuchcharges, when collected, and all moneys received from the sale of any facilities or equipment or any by-productsthereof, shall be placed in a separate fund, andshall beused first to pay the normal, reasonable and current costs of operating and maintaining the facilities. The net revenuesfrom time to timereceived in excess ofsuchthe costs may be pledged by resolutions of the governing body, or may be used though not so pledged, for the payment of principal and interest on obligations issued as provided in subdivision 2, or to paysuchthe portion ofsaidthe principal and interest as may be directed insuchthe resolutions, and net revenues derived from any facilities of the types listed in subdivision11a, whether or not financed by the issuance ofsuchthe obligations, may be pledged or used to pay obligations issued for other facilities ofany suchthe same types. In resolutions authorizing the issuance of either general or special obligations and pledging net revenuestheretoto them, the governing body may makesuchcovenants for the protection of holders of the obligations and taxpayers of the municipality or county as it deems necessary, including, but without limitation, a covenant that the municipality or county will impose and collect charges of the naturehereinauthorized by this section at the times and in the amounts required to produce, together with any taxes or special assessments designated as a primary source of payment of the obligations, net revenues adequate to pay all principal and interest when due on the obligations and to create and maintainsuchreserves securingsaidthe payments as may be provided insaidthe resolutions. Whensucha covenant is made it shall be enforceable by appropriate action on the part of any holder of the obligations or any taxpayer of the municipality or county in a court of competent jurisdiction, and the obligations shall be deemed to be payable wholly from the income of the system whose revenues are so pledged, within the meaning of sections 475.51 and 475.58. Subd. 4. [LEVY ASSESSMENTS.] The governing body ofanysuch citya municipality or county may also levy assessments against property within thecitymunicipal or county limits benefited bysuchthe facilities under the procedure authorized by law or charter with reference to other assessments for benefits of local improvements, may transfer and use for the purposes hereof surplus funds of thecitymunicipality or county not specifically dedicated toany otheranother purpose, and may levy taxes on property within thecitymunicipal or county limits forsuchthe purposes within the limitations of section 275.11; except that of the taxessolevied, including taxes initially levied under section 475.61 for the payment of the principal and interest on the bonds issuedtherefor and interestthereon, an amount equal to 35 percent of the total cost of the construction, reconstruction, repair, enlargement, improvement, or other obtainment ofany suchthe facilities, plus an amount sufficient to pay the interest on the bonds issued in an amount equal to 35 percent of the total cost of the construction, reconstruction, repair, enlargement, improvement, or other obtainment of anysuchthe facilities, shall not be included in computing the levies subject to the limitations ofsuchsection 275.11.Any such cityA municipality or county may contract with any person, company or corporation for the purposes and under the restrictions set forth in subdivision 5.Any suchThe contract shall be binding upon the partiestheretoto it for the full term agreed upon but in no event more than 30 years, and shall not be changed by either party without the consent of the other party. Subd. 5. [CONNECTION WITH FACILITIES; CHARGES.]Any suchcityA municipality or countyis hereby authorized tomay permitanya person, company or corporation located and doing business inside or outsideofthecitymunicipal or county limits to connect withsuchthe facilities and make use ofthe samethem uponsuchterms and upon the payment ofsuchfees and chargesthereforas may be prescribed or contracted for by thecitymunicipality or county, and to contract withany sucha person, company or corporation for the payment bysuchthe person, company or corporation of a part of the cost of construction, maintenance or use ofsuchthe facilities and to receive fromsuchthe person, company or corporation doing business inside or outsideofthecitymunicipal or county limits payment in cash or installments ofsuchthe portion of the cost of the construction, maintenance or usethereofas may be agreed upon or contracted for with thecitymunicipality or county and devote the moneysoreceived to the purpose ofsuchthe construction, maintenance or use. The proportionate cost of construction, maintenance or use ofsuchthe facilities to be paid bysuchthe person, company, or corporation may be made payable in installments due at not greater than annual intervals for a period not to exceed 30 years.Any suchA person, company or corporation which may payanypart of the cost of construction, maintenance or use ofsuchthe facilities in the manneraforesaiddescribed, shallthereafterhave the right to usesuchthe facilities for the disposal or treatment ofhis,their or itssewage, industrial waste, or other wastes, by thecitymunicipality or county upon the payment of reasonable charges for the use ofsuchthe facilities or the charges contracted for in case there is a contract ashereinprovided in this subdivision.Any such cityA municipality or county may contract withany other cityanother municipality or county for the joint or cooperative obtainment or use of such facilities without limitation of time. Sec. 16. Minnesota Statutes 1984, section 471.56, subdivision 1, is amended to read: 471.56 [MUNICIPAL FUNDS.] Subdivision 1. Any municipal funds, not presently needed for other purposes, may be deposited or invested in the manner and subject to the conditions provided in section 475.66 for the deposit and investment of debt service funds. The term "municipal funds" as used herein shall include all general, special, permanent, trust, and other funds, regardless of source or purpose, held or administered by any countyor, city, or town or by any officer or agency thereof, in the state of Minnesota. Sec. 17. Minnesota Statutes 1984, section 471.56, subdivision 3, is amended to read: Subd. 3. Such county, city, town, or official or agency thereof, may at any time sell obligations purchased pursuant to this section, and the money received from such sale, and the interest and profits or loss on such investment shall be credited or charged, as the case may be, to the fund from which the investment was made. Neither such official nor agency, nor any other official responsible for the custody of such funds shall be personally liable for any loss sustained from the deposit or investment of funds in accordance with the provisions of section 475.66. Sec. 18. [REPEALER.] Minnesota Statutes 1984, section 375.18, subdivisions 4, 5, and 6, are repealed. Approved May 21, 1985
Official Publication of the State of Minnesota
Revisor of Statutes