HF 1189

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to annexation; providing for the election of 
  1.3             municipal council members after certain annexations; 
  1.4             amending Minnesota Statutes 2000, sections 414.031, 
  1.5             subdivision 4a; and 414.09, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 414.031, 
  1.8   subdivision 4a, is amended to read: 
  1.9      Subd. 4a.  [PROCEEDINGS INITIATED BY JOINT RESOLUTION 
  1.10  PROVIDING FOR ELECTION OF NEW MUNICIPAL OFFICERS.] If the 
  1.11  proceeding has been initiated under subdivision 1, clause (d), 
  1.12  Any annexation order under this section for annexation by a 
  1.13  single municipality of an entire township shall include a 
  1.14  provision for the election of new municipal officers in 
  1.15  accordance with section 414.09.  The director of the office of 
  1.16  strategic and long-range planning, or the director's designee, 
  1.17  may also order an election of new municipal officers in 
  1.18  accordance with section 414.09 as part of any other annexation 
  1.19  order under this section if the director or the director's 
  1.20  designee determines that such an election would be equitable. 
  1.21  The expanded municipality shall be governed by the home rule 
  1.22  charter or statutory form which governs the annexing 
  1.23  municipality, except that any ward system for the election of 
  1.24  council members shall be inoperable.  The ordinances of both the 
  1.25  annexing municipality and the township shall continue in effect 
  2.1   within the former boundaries until repealed by the governing 
  2.2   body of the new municipality. 
  2.3      Notwithstanding any other provision of law to the contrary 
  2.4   the board director of the office of strategic and long-range 
  2.5   planning, or the director's designee, may provide for election 
  2.6   of council members by wards, not less than three nor more than 
  2.7   seven in number, whose limits are prescribed in the board order, 
  2.8   upon a finding that area representation is required to accord 
  2.9   proper representation in the municipality because of uneven 
  2.10  population density in different parts thereof or the existence 
  2.11  of agricultural lands therein which are in the path of suburban 
  2.12  development; but after four years from the effective date of an 
  2.13  annexation the council of the municipality may by resolution 
  2.14  adopted by a four-fifths vote abolish the ward system and 
  2.15  provide for the election of all council members at large. 
  2.16     Until the effective date of the annexation order, the town 
  2.17  board and other officers of the town shall continue to exercise 
  2.18  their powers and duties under the town laws in that portion of 
  2.19  the municipality that was formerly the town, and the council and 
  2.20  other officers of the annexing municipality shall continue to 
  2.21  exercise their powers and duties in that portion of the expanded 
  2.22  municipality that was formerly the municipality.  Thereafter the 
  2.23  town board and the council of the annexing municipality shall 
  2.24  have no jurisdiction within the municipality, and the new 
  2.25  municipal council and other new officers shall act in respect to 
  2.26  any matters previously undertaken by the town board of 
  2.27  supervisors or municipal council within the limits of the 
  2.28  expanded municipality, including the making of any improvement 
  2.29  and the levying of any special assessments therefor in the same 
  2.30  manner and to the same effect as if such improvement had been 
  2.31  undertaken by the municipality. 
  2.32     The new municipal council may continue or discontinue any 
  2.33  board that may have previously existed in the town or former 
  2.34  municipality. 
  2.35     Sec. 2.  Minnesota Statutes 2000, section 414.09, 
  2.36  subdivision 3, is amended to read: 
  3.1      Subd. 3.  [ELECTIONS OF MUNICIPAL OFFICERS.] An order 
  3.2   approving an incorporation or consolidation pursuant to this 
  3.3   chapter, or an order requiring an election under section 
  3.4   414.031, subdivision 4a, shall set a date for this election of 
  3.5   new municipal officers not less than 45 days nor more than 60 
  3.6   days after the issuance of such order.  
  3.7      The board director shall appoint an acting clerk for 
  3.8   election purposes, at least three election judges who shall be 
  3.9   residents of the new municipality, and shall designate polling 
  3.10  places within the new municipality. 
  3.11     The acting clerk shall prepare the official election 
  3.12  ballot.  Affidavits of candidacy may be filed by any person 
  3.13  eligible to hold municipal office not more than four weeks nor 
  3.14  less than two weeks before the date designated by the board in 
  3.15  the order for the election.  
  3.16     The election shall be conducted in conformity with the 
  3.17  charter and the laws for conducting municipal elections insofar 
  3.18  as applicable.  Any person eligible to vote at a township or 
  3.19  municipal election within the area of the new municipality, is 
  3.20  eligible to vote at such election. 
  3.21     Any excess in the expense of conducting the election over 
  3.22  receipts from filing fees shall be a charge against the new 
  3.23  municipality; any excess of receipts shall be deposited in the 
  3.24  treasury of the new municipality. 
  3.25     Sec. 3.  [EFFECTIVE DATE.] 
  3.26     Sections 1 and 2 are effective the day following final 
  3.27  enactment and apply to annexations ordered on or after that date.