Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                          CHAPTER 58-H.F.No. 1 
           An act relating to local government; establishing a 
          procedure to consolidate the cities of International 
          Falls and South International Falls; authorizing a 
          special mill levy in the event of consolidation. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CONSOLIDATION AUTHORIZATION.] 
    Subdivision 1.  [CITIES.] The cities of International Falls 
and South International Falls shall consolidate as provided in 
this section. 
    Subd. 2.  [ELECTION.] The cities of International Falls and 
South International Falls may hold an election on May 21, 1985, 
or on a later convenient date set by resolutions of the city 
councils, to determine the following question: 
"Shall the cities of International Falls and South 
International Falls consolidate pursuant to the proposed 
charter approved by city council resolutions 
Number........... of International Falls and 
Number............ of South International Falls?  
                                   Yes .......
                                   No ........"
   Costs of the respective referenda shall be borne by each 
respective municipality.  A majority of those voting in each 
city must approve the question.  If the proposal is not 
approved, no proceeding for the consolidation of the same 
municipalities may be initiated within two years from the date 
of the election. 
    Subd. 3.  [PETITION.] If a majority of those voting in each 
city approve the question, a petition approved by each city 
council may be submitted to the Minnesota municipal board which 
shall include, but is not limited to, the following subjects: 
    (1) the proposed city charter previously approved by each 
council and the voters of each city; 
    (2) the factors set out in Minnesota Statutes, section 
414.041, subdivision 5, clauses (a) to (i); 
   (3) A request that the consolidated city of International 
Falls be authorized to pass a special levy to equalize the cash 
reserve to be contributed by each of the former cities to be 
determined as follows. 
    (a) The amount of the cash reserve in each of the former 
cities on December 31, 1985, shall be determined by audit.  
    (b) An amount equal to one-third of the cash reserve of the 
former city of International Falls shall be provided by the 
former city of South International Falls to the consolidated 
city by contributing all of its cash reserves at the time of 
consolidation with any balance to be provided by a special levy 
against the real estate located within the boundaries of the 
former city of South International Falls.  The special levy 
shall provide the balance with interest at the rate of 9.33 
percent per annum to be paid as soon as possible in equal yearly 
installments except in the last year of the levy.  The number of 
years shall be determined in the first year, and the first and 
each other year's special levy shall not exceed $50,000, 
including interest.  The special levy imposed under this 
paragraph is not subject to the levy limits imposed by Minnesota 
Statutes, section 275.11 and sections 275.50 to 275.56 or by any 
other law. 
    Subd. 4.  [MUNICIPAL BOARD ORDER.] Upon the filing of the 
petition for consolidation, the Minnesota municipal board may 
waive appointment of a consolidation commission and may hold a 
hearing in accordance with Minnesota Statutes, section 414.09, 
if the board deems it necessary, or it may waive the hearing. 
The board may exercise the powers authorized under section 
414.01, subdivisions 11 and 12.  The board shall order the 
consolidation upon the factors considered under Minnesota 
Statutes, section 414.041, subdivision 5, clauses (a) to (i), if 
it finds that consolidation will be for the best interests of 
the municipalities, and shall include an order setting the 
effective dates for the consolidation and the proposed city 
charter and requiring a special levy to be determined as 
provided in subdivision 3 of this section.  The board's order 
for consolidation shall be final.  If the proposed city charter 
does not provide for the election of new municipal officers, the 
board shall do so pursuant to section 414.09, subdivision 3. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Pursuant to Minnesota Statutes, section 645.023, 
subdivision 1, clause (a), local approval of this act is not 
required.  This act is effective the day following final 
enactment. 
    Approved May 6, 1985