HF 1501

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to local government; restructuring the Central Lakes Region Sanitary
District as an elected body or alternatively providing for its dissolution;
amending Laws 2003, chapter 127, article 9, section 2; proposing coding for new
law in Minnesota Statutes, chapter 115.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115.38] SPECIAL LAW DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The provisions in this section apply to any sanitary
district created by special law unless the special law provides otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Distribution of assets and liabilities upon dissolution. new text end

new text begin All assets of a
district that is dissolved must be liquidated within one year of the dissolution and the
proceeds used to pay liabilities and obligations of the district. Any remaining proceeds
must be distributed to the member units of government in amounts based on contributions
during the life of the district. If liabilities and obligations are greater than the proceeds of
the liquidation of assets, the member units of government must continue to pay into a fund
in amounts proportionate to their contributions during the life of the district. The fund
must be used to satisfy all liabilities and obligations in a timely fashion. The county with
the majority of population of the district shall administer the dissolution.
new text end

Sec. 2.

Laws 2003, chapter 127, article 9, section 2, is amended to read:

Sec. 2. SANITARY SEWER BOARD.

Subdivision 1.

Establishment.

A sanitary sewer board with jurisdiction in the
Central Lakes Region Sanitary District is established as a public corporation and political
subdivision of the state with perpetual succession and all the rights, powers, privileges,
immunities, and duties that may be validly granted to or imposed upon a municipal
corporation, as provided in this article.

Subd. 2.

Members deleted text begin and selection deleted text end new text begin election, terms new text end .

deleted text begin The number of board members
and method by which they are selected is as follows: The governing body of any
municipality located in whole or part within the district must each separately select
one member. Upon the board's ordering of a project to construct a sanitary sewer, the
governing body of any municipality must appoint one additional member for each full
800 special assessments included in the ordered project to be levied against property
located in the municipality. The term of each member is subject to the approval of the
voting members of the city council or town board. deleted text end new text begin The board consists of one member
elected at large from each municipality in the district. The terms of the members are
four years and until a successor is qualified, except that for the first election in 2009
one-half of the seats shall be for two years and until a successor is qualified. The short
term shall be determined by lot and designated before filings open by the municipal clerks
of the municipalities in the district. Terms begin the first Monday in January following
the election at which board members are chosen. The election shall be conducted as
provided in Minnesota Statutes, chapter 205, at the same time as the city council elections
are held. Vacancies, removal, and qualification for office are as otherwise provided by
statute for elected city council members.
new text end

deleted text begin Subd. 3. deleted text end

deleted text begin Time limit; alternative appointment. deleted text end

deleted text begin The initial board members must
be selected as provided in subdivision 2 within 60 days after this article is effective.
A successor must be selected at any time within 60 days before the expiration of the
predecessor's term in the same manner as the predecessor was selected. Any vacancy
on the board must be filled within 60 days after it occurs. If a selection is not made as
provided within the time prescribed, the chief judge of the seventh judicial district of the
Minnesota district court, on application by any interested person, shall appoint an eligible
person to the board.
deleted text end

Subd. 4.

Vacancies.

If the office of any board member becomes vacant, the vacancy
shall be filled for the unexpired term in the manner as provided for selection of the
member who vacated the office. The office shall be deemed vacant under the conditions
specified in Minnesota Statutes, section 351.02.

deleted text begin Subd. 5. deleted text end

deleted text begin Terms of office. deleted text end

deleted text begin The terms of all board members shall be for one, two,
three, or four calendar years to be determined in accordance with subdivision 2 by the
governing body selecting such member. Terms shall expire on January 1 of a calendar year,
except that each member shall serve until a successor has been duly selected and qualified.
deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Removal. deleted text end

deleted text begin A board member may be removed by the unanimous vote of the
appointing governing body with or without cause.
deleted text end

Subd. 7.

Qualifications.

Each board member deleted text begin may, but need not deleted text end new text begin must new text end be a resident
of the deleted text begin district and may, but need not be an elected public official deleted text end new text begin municipality the board
member represents. new text end new text begin A board member must not hold any other elected office new text end .

Subd. 8.

Certificates of deleted text begin selection deleted text end new text begin election new text end ; oath of office.

A certificate of deleted text begin selection deleted text end new text begin
election new text end to a seat of every board member, stating the seat's term, must be made by the
respective municipal clerk. The certificate deleted text begin , with the approval attached by other authority,
if required, deleted text end must be filed with the secretary of state. A copy must be furnished to the
board member and the secretary of the board. Each member must qualify by taking and
subscribing to the oath of office prescribed by the Minnesota Constitution, article V,
section 6. The oath, duly certified by the official administering the same, must be filed
with the secretary of state and the secretary of the board.

Subd. 9.

Compensation of board members.

Each board member may be paid a
per diem compensation to attend meetings and for other services in an amount as may
be specifically authorized by the board from time to time. Per diem compensation must
not exceed $4,000 for any member in any one year. All members of the board may be
reimbursed for all reasonable expenses incurred in the performance of their duties as
determined by the board.

Sec. 3. new text begin LOCAL APPROVAL; EFFECTIVE DATE; TRANSITION;
ALTERNATIVE DISSOLUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Local approval; effective date. new text end

new text begin This act applies to the townships of
Brandon, Carlos, LaGrand, Leaf Valley, Miltona, and Moe, all in Douglas County. This
act is effective the day after a fourth township of the six listed in this subdivision has
completed local approval as provided in Minnesota Statutes, section 645.021, subdivisions
2 and 3, except that local approval must be completed by August 1, 2009. For any other
township listed in this subdivision, this act is effective the day after timely completing
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. A township
listed that fails to timely complete compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3, may petition for annexation to the district at a later time, as provided
in Laws 2003, chapter 127, article 9, section 20.
new text end

new text begin Subd. 2. new text end

new text begin Transition. new text end

new text begin Until a board is elected and qualified, the appointed board
shall continue to govern the district.
new text end

new text begin Subd. 3. new text end

new text begin Contingent dissolution. new text end

new text begin If this act is not approved as provided in
subdivision 1, and an election of a new board is not completed by December 31, 2009,
the district is dissolved, and Laws 2003, chapter 127, article 9, as amended, is repealed,
effective January 1, 2010.
new text end