2005 Minnesota Statutes

     123A.58 Common district to independent district. 

    Subdivision 1.    Vote to change organization of district. 
  If six or more eligible voters of a common district desire to 
 change the organization of their district to an independent 
 district, they may call for a vote upon the question at the next 
 annual meeting by filing a petition therefor with the clerk.  In 
 the notice for the meeting, the clerk shall include a statement 
 that the question will be voted upon at the meeting. 

    Subd. 2.    Board election.  At the annual meeting, if a 
 majority of the votes cast on the question favors the conversion 
 to an independent district, a board of six members shall be 
 elected.  Nominations may be made from the floor of the meeting 
 and election shall be by secret ballot.  All board members 
 elected at this meeting shall serve for terms expiring on the 
 third Tuesday in the next May following the election on which 
 date a regular annual election shall be held in the manner 
 provided by law.  At this first annual election for independent 
 districts, six directors shall be elected, two to hold office 
 until July 1 following the next annual election, two to hold 
 office until the expiration of one year from said July 1 and two 
 to hold office until the expiration of two years from said July 
 1; the time which each director shall hold office being 
 designated on the ballot.  

    Subd. 3.    Identification number.  If the organization 
 of the district is changed from common to independent at the 
 meeting, the clerk shall notify the auditor and the commissioner.

    Upon receipt of such notification, the commissioner shall 
 assign a new identification number to the district and shall 
 notify the auditor and the clerk of the district thereof.  

    Subd. 4.    Change in district classification.  As of 
 the date of election, if a majority of votes cast on the 
 question favor the conversion to an independent district, the 
 classification of the district is changed from common to 
 independent.  Title to all the property, real and personal, of 
 the common district passes to the independent district and all 
 current outstanding contractual obligations, including the 
 bonded indebtedness, if any, of the common district, together 
 with any legally valid and enforceable claims against the common 
 district are imposed on the independent district.  

    Subd. 5.    Clerk to record district identification 
 number.  Upon receipt of the identification number from the 
 commissioner, the clerk of the district shall record such change 
 of number with the county recorder in any county in which the 
 common district owns any real estate. 

    HIST: Ex1959 c 71 art 3 s 9; 1976 c 181 s 2; 1980 c 609 art 6 
 s 13; 1987 c 266 art 2 s 7; 1998 c 397 art 5 s 45,46,104