HF 3132

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Alexandria Lake Area Sanitary District; 
  1.3             updating the enabling law; amending Laws 1971, chapter 
  1.4             869, sections 2, subdivisions 2, as amended, 14, and 
  1.5             17, as added; 3, subdivisions 5, 6, and 9; 4, 
  1.6             subdivisions 1, 2, and 5, as amended; 5, subdivisions 
  1.7             1 and 3; 8; 10, subdivision 3b, as added; 12, 
  1.8             subdivisions 1, as amended, and 2, as amended; 17, 
  1.9             subdivision 11; 19; 20, subdivision 2; 21; and 24; 
  1.10            repealing Laws 1971, chapter 869, section 6, 
  1.11            subdivision 3. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Laws 1971, chapter 869, section 2, subdivision 
  1.14  2, as amended by Laws 1973, chapter 632, section 1, is amended 
  1.15  to read: 
  1.16     Subd. 2.  [ALEXANDRIA, CITY OF; SANITARY SEWER BOARD.] 
  1.17  "Alexandria Lake Area Sanitary District" and "district" mean the 
  1.18  area over which the sanitary sewer board has jurisdiction which 
  1.19  shall include all that part of Douglas county, Minnesota, 
  1.20  described as follows, to-wit: 
  1.21     (a) all of the city of Alexandria, Minnesota; 
  1.22     (b) the NW 1/4 of section 3, the SW 1/4 of section 3 except 
  1.23  the SE 1/4 thereof, all of sections 4, 5, 6, 7, 8, 9, 10, 15, 
  1.24  16, 17, 18, 19, 20 and 21, section 22 except the E 1/2 of the SE 
  1.25  1/4 thereof, the NW 1/4 and the W 1/2 of the NE 1/4 of section 
  1.26  27, section 28 except the E 1/2 of the SE 1/4 thereof, all of 
  1.27  sections 29, 30, 31 and 32, and section 33 except for the E 1/2 
  1.28  of the E 1/2 thereof all in township 128 north, range 37 west, 
  2.1   excepting that part of the foregoing territory already included 
  2.2   within the district by reason of its being within the corporate 
  2.3   limits of the city of Alexandria; 
  2.4      (c) all that part of the W 1/2 of section 4 and all of 
  2.5   section 5 lying north of the north right of way line of 
  2.6   Interstate Highway I-94, the and N 1/2 of section 6 all in 
  2.7   township 127 north, range 37 west, excepting that part of the 
  2.8   foregoing territory already included within the district by 
  2.9   reason of its being within the corporate limits of the city of 
  2.10  Alexandria; 
  2.11     (d) the SW 1/4 of section 10, the SW 1/4 of section 14, the 
  2.12  NW 1/4 and the S 1/2 of section 15, the S 1/2 and the NW 1/4 of 
  2.13  section 16, the S 1/2 of the NE 1/4 and the S 1/2 of section 17, 
  2.14  the E 1/2 of the E 1/2 of section 19, all of section 20, the W 
  2.15  1/2 of section 21, the N 1/2 of the NW 1/4 of section 23, the W 
  2.16  1/2 of section 28, all of section 29, the S 1/2 of the SE 1/4 
  2.17  and the E 1/2 of the E 1/2 of section 30, the E 1/2 of the NE 
  2.18  1/4 and all of the SE 1/4 of section 31, all of sections 32 and 
  2.19  33 and the SW 1/4 of section 34 all in township 129 north, range 
  2.20  37 west; 
  2.21     (e) all of sections 1 and 2, section 10 except the N 1/2 of 
  2.22  the NW 1/4 and the NW 1/4 of the NE 1/4 thereof, all of sections 
  2.23  11, 12, 13 and 14, section 15 except the SW 1/4 and the W 1/2 of 
  2.24  the SE 1/4 thereof, the E 1/2 of the NE 1/4 and all of the SE 
  2.25  1/4 of section 22, the SE 1/4 of the SW 1/4 of section 22, all 
  2.26  of sections 23, 24, 25 and 26, section 27 except the W 1/2 of 
  2.27  the NW 1/4 thereof, the SE 1/4 of section 28, the NE 1/4 of the 
  2.28  SE 1/4 of section 32, the SW 1/4, the NW 1/4, the NE 1/4 of 
  2.29  section 33 except the SW 1/4 thereof, and the NW 1/4 and the NW 
  2.30  1/4 of the NE 1/4 of section 34 all in township 128 north range 
  2.31  38 west, excepting that part of the foregoing territory already 
  2.32  included within the district by reason of its being within the 
  2.33  corporate limits of the city of Alexandria; 
  2.34     (f) such other territory within or without Douglas county, 
  2.35  Minnesota as may be included within the district pursuant to 
  2.36  section 21. 
  3.1      Sec. 2.  Laws 1971, chapter 869, section 2, subdivision 14, 
  3.2   is amended to read: 
  3.3      Subd. 14.  "Municipality" means any city, village or town 
  3.4   located in whole or in part in the district. 
  3.5      Sec. 3.  Laws 1971, chapter 869, section 2, subdivision 17, 
  3.6   as added by Laws 1975, chapter 287, section 1, is amended to 
  3.7   read: 
  3.8      Subd. 17.  [ALEXANDRIA, CITY OF; LAKE AREA; SANITARY 
  3.9   SEWERS.] "Agricultural property" means land as is classified 
  3.10  agricultural land within the meaning of Minnesota Statutes, 
  3.11  Section 273.13, Subdivision 6 23, paragraph (c). 
  3.12     Sec. 4.  Laws 1971, chapter 869, section 3, subdivision 5, 
  3.13  is amended to read: 
  3.14     Subd. 5.  [TERMS OF OFFICE.] The term of each of the first 
  3.15  board members shall expire on January 1 in a calendar year to be 
  3.16  determined in accordance with subdivision 2 by the governing 
  3.17  body selecting such member, provided that such term shall not 
  3.18  expire any later than January 1, 1975.  Succeeding terms of all 
  3.19  board members shall be for one, two, three or four calendar 
  3.20  years to be determined in accordance with subdivision 2 by the 
  3.21  governing body selecting such member.  Terms shall expire on 
  3.22  January 1 of a calendar year, except that each member shall 
  3.23  serve until his successor has been duly selected and qualified. 
  3.24     Sec.  5.  Laws 1971, chapter 869, section 3, subdivision 6, 
  3.25  is amended to read: 
  3.26     Subd. 6.  [REMOVAL.] A board member may be removed by the 
  3.27  unanimous vote of the appointing governing body appointing him, 
  3.28  with or without cause, or by the governor for malfeasance or 
  3.29  nonfeasance in the performance of his official duties as 
  3.30  provided by Minnesota Statutes, Sections 351.03 and 351.04. 
  3.31     Sec. 6.  Laws 1971, chapter 869, section 3, subdivision 9, 
  3.32  is amended to read: 
  3.33     Subd. 9.  [BOARD MEMBERS' COMPENSATION.] Each board member, 
  3.34  except the chairman, shall be paid a per diem compensation of 
  3.35  $25 for meetings and for such other services in such amount as 
  3.36  are specifically authorized by the board, from time to time.  
  4.1   Per diem compensation shall not to exceed $1,000 $4,000 in any 
  4.2   one year.  The chairman shall be paid a per diem compensation of 
  4.3   $35 for meetings and for such other services as are specifically 
  4.4   authorized by the board, not to exceed $1,500 in any one year.  
  4.5   All members of the board shall be reimbursed for all reasonable 
  4.6   expenses incurred in the performance of their duties as 
  4.7   determined by the board. 
  4.8      Sec. 7.  Laws 1971, chapter 869, section 4, subdivision 1, 
  4.9   is amended to read: 
  4.10     Subdivision 1.  [ORGANIZATION; OFFICERS; MEETINGS; SEAL.] 
  4.11  After the selection and qualification of all board members, they 
  4.12  shall meet to organize the board at the call of any two board 
  4.13  members, upon seven days a notice by registered mail to the 
  4.14  remaining board members, at a time and place within the district 
  4.15  specified in the notice.  A majority of the members shall 
  4.16  constitute a quorum at that meeting and all other meetings of 
  4.17  the board, but a lesser number may meet and adjourn from time to 
  4.18  time and compel the attendance of absent members.  At the first 
  4.19  meeting the board shall select its officers as hereinafter 
  4.20  provided and conduct such other organizational business as may 
  4.21  be necessary.  Thereafter The board shall meet regularly at such 
  4.22  time and place as the board shall by resolution designate.  
  4.23  Special meetings may be held at any time upon call of the 
  4.24  chairman or any two members, upon written notice sent by mail to 
  4.25  each member at least three days prior to the meeting, or upon 
  4.26  such other notice as the board by resolution may provide, or 
  4.27  without notice if each member is present or files with the 
  4.28  secretary a written consent to the meeting either before or 
  4.29  after the meeting.  Except as otherwise provided in this act, 
  4.30  any action within the authority of the board may be taken by the 
  4.31  affirmative vote of a majority of the board may be taken by at a 
  4.32  regular or adjourned regular meeting or at a duly held special 
  4.33  meeting, but in any case only if a quorum is present.  All 
  4.34  meetings of the board shall be open to the public.  The board 
  4.35  may adopt a seal, which shall be officially and judicially 
  4.36  noticed, to authenticate instruments executed by its authority, 
  5.1   but omission of the seal shall not affect the validity of any 
  5.2   instruction. 
  5.3      Sec. 8.  Laws 1971, chapter 869, section 4, subdivision 2, 
  5.4   is amended to read: 
  5.5      Subd. 2.  [CHAIRMAN CHAIR.] The board shall elect 
  5.6   a chairman chair from its membership.  The term of the first 
  5.7   chairman of the board shall expire on January 1, 1973, and the 
  5.8   terms of successor chairmen chair shall expire on January 1 of 
  5.9   each succeeding year.  The chairman chair shall preside at all 
  5.10  meetings of the board, if present, and shall perform all other 
  5.11  duties and functions usually incumbent upon such an officer, and 
  5.12  all administrative functions assigned to him by the board.  The 
  5.13  board shall elect a vice chairman chair from its membership to 
  5.14  act for the chairman chair during his temporary absence or 
  5.15  disability. 
  5.16     Sec. 9.  Laws 1971, chapter 869, section 4, subdivision 5, 
  5.17  as amended by Laws 1973, chapter 632, section 2, is amended to 
  5.18  read: 
  5.19     Subd. 5.  [PUBLIC EMPLOYEES.] The executive director and 
  5.20  all persons employed by the executive director shall be public 
  5.21  employees, and shall have all the rights and duties conferred on 
  5.22  public employees under Minnesota Statutes, Sections 179.50 to 
  5.23  179.571.  The board may elect to have such employees become 
  5.24  members of either the public employees retirement association or 
  5.25  the Minnesota state retirement system 179A.01 to 179A.25.  The 
  5.26  compensation and conditions of employment of such employees 
  5.27  shall not be governed by any rule applicable to state employees 
  5.28  in the classified service nor to any of the provisions of 
  5.29  Minnesota Statutes, Chapter 15A, unless the board so provides. 
  5.30     Sec. 10.  Laws 1971, chapter 869, section 5, subdivision 1, 
  5.31  is amended to read: 
  5.32     Subdivision 1.  [BOARD PLAN AND PROGRAM.] The board shall 
  5.33  adopt as its first a comprehensive plan for the collection, 
  5.34  treatment, and disposal of sewage in the district for such 
  5.35  designated period as the board deems proper and reasonable the 
  5.36  comprehensive plan adopted by the joint powers board heretofore 
  6.1   established for the Alexandria Lake Area Sanitary District by 
  6.2   agreement among local government units pursuant to Minnesota 
  6.3   Statutes, Section 471.59.  The board shall prepare and adopt 
  6.4   subsequent comprehensive plans for the collection, treatment and 
  6.5   disposal of sewage in the district for each such succeeding 
  6.6   designated period as the board deems proper and reasonable.  The 
  6.7   first plan, as modified by the board, and any subsequent plan 
  6.8   shall take into account the preservation and best and most 
  6.9   economic use of water and other natural resources in the area; 
  6.10  the preservation, use and potential for use of lands adjoining 
  6.11  waters of the state to be used for the disposal of sewage; and 
  6.12  the impact such a disposal system will have on present and 
  6.13  future land use in the area affected thereby.  Such plans shall 
  6.14  include the general location of needed interceptors and 
  6.15  treatment works, a description of the area that is to be served 
  6.16  by the various interceptors and treatment works, a long range 
  6.17  capital improvements program and such other details as the board 
  6.18  shall deem appropriate.  In developing the plans, the board 
  6.19  shall consult with persons designated for such purpose by 
  6.20  governing bodies of any municipal or public corporation or 
  6.21  governmental or political subdivision or agency within the 
  6.22  district to represent such entities and shall consider the data, 
  6.23  resources and input offered to the board by such entities and 
  6.24  any planning agency acting on behalf of one or more such 
  6.25  entities.  Each such plan, when adopted, shall be followed in 
  6.26  the district and may be revised as often as the board deems 
  6.27  necessary. 
  6.28     Sec. 11.  Laws 1971, chapter 869, section 5, subdivision 3, 
  6.29  is amended to read: 
  6.30     Subd. 3.  [MUNICIPAL PLANS AND PROGRAMS; COORDINATION WITH 
  6.31  BOARD'S RESPONSIBILITIES.] As soon as practicable after the 
  6.32  adoption by the board of the first comprehensive plan, and 
  6.33  Before undertaking the construction of new sewers or other 
  6.34  disposal facilities or the substantial alteration or improvement 
  6.35  of any existing sewers or other disposal facilities, each local 
  6.36  government unit may, and shall if the construction or alteration 
  7.1   of any sewage disposal facilities is contemplated by such 
  7.2   government unit, adopt a similar comprehensive plan and program 
  7.3   for the collection, treatment and disposal of sewage for which 
  7.4   the local government unit is responsible, coordinated with the 
  7.5   board's comprehensive plan, and may revise the same as often as 
  7.6   it deems necessary.  Each such local plan or revision thereof 
  7.7   shall be submitted forthwith to the board for review and shall 
  7.8   be subject to the approval of the board as to those features of 
  7.9   the plan affecting the board's responsibilities as determined by 
  7.10  the board.  Any such features disapproved by the board shall be 
  7.11  modified in accordance with the board's recommendations.  Once 
  7.12  the board's plan is adopted, No such construction project 
  7.13  involving such features shall be undertaken by the local 
  7.14  government unit unless its governing body shall first find the 
  7.15  project to be in accordance with the government unit's 
  7.16  comprehensive plan and program as approved by the board.  Prior 
  7.17  to approval by the board of the comprehensive plan and program 
  7.18  of any local government unit in the district, no such 
  7.19  construction project shall be undertaken by such government unit 
  7.20  unless approval of the project is first secured from the board 
  7.21  as to those features of the project affecting the board's 
  7.22  responsibilities as determined by the board. 
  7.23     Sec. 12.  Laws 1971, chapter 869, section 8, is amended to 
  7.24  read: 
  7.25     Sec. 8.  [BUDGET.] 
  7.26     The board shall prepare and adopt, on or before October 1, 
  7.27  1971 and on or before October 1, 1972, and of each year 
  7.28  thereafter, a budget showing for the following calendar year or 
  7.29  other fiscal year determined by the board, sometimes referred to 
  7.30  in this act as the budget year, estimated receipts of money from 
  7.31  all sources, including but not limited to payments by each local 
  7.32  government unit, federal or state grants, taxes on property, and 
  7.33  funds on hand at the beginning of the year, and estimated 
  7.34  expenditures for: 
  7.35     (1) deferred payments under section 9, subdivisions 3 and 
  7.36  4; 
  8.1      (2) costs of operation, administration and maintenance of 
  8.2   the district disposal system; 
  8.3      (3) (2) cost of acquisition and betterment of the district 
  8.4   disposal system; and 
  8.5      (4) (3) debt service, including principal and interest, on 
  8.6   general obligation bonds and certificates issued pursuant to 
  8.7   section 13, obligations and debts assumed under section 6, 
  8.8   subdivisions 2 and 3, and any money judgments entered by a court 
  8.9   of competent jurisdiction.  Expenditures within these general 
  8.10  categories, and such others as the board may from time to time 
  8.11  determine, shall be itemized in such detail as the board shall 
  8.12  prescribe.  The board and its officers, agents and employees 
  8.13  shall not spend money for any purpose other than debt service 
  8.14  without having set forth such expense in the budget nor in 
  8.15  excess of the amount set forth in the budget therefor, and no 
  8.16  obligation to make such an expenditure shall be enforceable 
  8.17  except as the obligation of the person or persons incurring it; 
  8.18  provided that the board may amend the budget at any time by 
  8.19  transferring from one purpose to another any sums except money 
  8.20  for debt service and bond proceeds or by increasing expenditures 
  8.21  in any amount by which cash receipts during the budget year 
  8.22  actually exceed the total amounts designated in the original 
  8.23  budget.  The creation of any obligation pursuant to section 13 
  8.24  or the receipt of any federal or state grant is a sufficient 
  8.25  budget designation of the proceeds for the purpose for which it 
  8.26  is authorized, and of the tax or other revenue pledged to pay 
  8.27  the obligation and interest on it, whether or not specifically 
  8.28  included in any annual budget. 
  8.29     Sec. 13.  Laws 1971, chapter 869, section 10, subdivision 
  8.30  3b, as added by Laws 1975, chapter 287, section 6, is amended to 
  8.31  read: 
  8.32     Subd. 3b.  Any ad valorem taxes levied under Laws 1971, 
  8.33  Chapter 869, Section 10, Subdivision 3 or Section 5 of this act 
  8.34  by the governing body of a government unit to pay any sums 
  8.35  charged to it by the board under Laws 1971, Chapter 869 or this 
  8.36  act shall be considered special levies within the meaning of 
  9.1   Minnesota Statutes, Section 275.50, Subdivision 5 , as amended 
  9.2   are not subject to, or counted towards, any limit imposed by law 
  9.3   on the levy of the taxes upon taxable property within any 
  9.4   governmental unit. 
  9.5      Sec. 14.  Laws 1971, chapter 869, section 12, subdivision 
  9.6   1, as amended by Law 1973, chapter 632, section 3, is amended to 
  9.7   read: 
  9.8      Subdivision 1.  [CONTRIBUTIONS OR ADVANCES FROM LOCAL 
  9.9   GOVERNMENT UNITS.] The board may, at such time as it deems 
  9.10  necessary and proper, request from all or some of the local 
  9.11  government units necessary moneys to defray the costs of any 
  9.12  obligations assumed under section 6 and the costs of 
  9.13  administration, operation and maintenance, including but not 
  9.14  limited to expenses and services described in subdivision 3.  
  9.15  Before making such request the board shall, by formal 
  9.16  resolution, determine the necessity for such moneys, setting 
  9.17  forth in such resolution the purposes for which such moneys are 
  9.18  needed and the estimated amount for each such purpose.  Upon 
  9.19  receiving such request, the governing body of each such 
  9.20  government unit may provide for payment of the amount requested 
  9.21  or such part thereof as it deems fair and reasonable.  Such 
  9.22  moneys may be paid out of general revenue funds or any other 
  9.23  available funds of any local government unit and the governing 
  9.24  bodies thereof may levy taxes to provide funds therefor, free 
  9.25  from any existing limitations imposed by law or charter.  Such 
  9.26  moneys may be provided by such government units with or without 
  9.27  interest but if interest is charged it shall not exceed five 
  9.28  percent per annum.  The board shall credit the local government 
  9.29  units for such payments in allocating current costs pursuant to 
  9.30  section 9, on such terms and at such times as it may agree with 
  9.31  the unit furnishing the same. 
  9.32     Sec. 15.  Laws 1971, chapter 869, section 12, subdivision 
  9.33  2, as amended by Laws 1973, chapter 632, section 4, is amended 
  9.34  to read: 
  9.35     Subd. 2.  [LIMITED TAX LEVY.] The board may levy ad valorem 
  9.36  taxes on all taxable property in the district to defray any of 
 10.1   the costs described in subdivisions subdivision 1 and 3, 
 10.2   provided that: (a) such costs have not been defrayed by 
 10.3   contribution under subdivision 1 and (b) such tax levy in any 
 10.4   year shall not exceed 5 mills a tax capacity rate of four 
 10.5   percent annually.  Before certification of such levy to the 
 10.6   county auditor, the board shall determine the need for the money 
 10.7   to be derived from such levy by formal resolution setting forth 
 10.8   in said resolution the purposes for which the tax moneys will be 
 10.9   used and the amount proposed to be used for each such purpose.  
 10.10  In allocating current costs pursuant to section 9 the board 
 10.11  shall credit the government units for taxes collected pursuant 
 10.12  to levy made under this subdivision on such terms and at such 
 10.13  times as it deems just and reasonable. 
 10.14     Sec. 16.  Laws 1971, chapter 869, section 17, subdivision 
 10.15  11, is amended to read: 
 10.16     Subd. 11.  The board may sell, lease or otherwise dispose 
 10.17  of any real or personal property acquired by it which is no 
 10.18  longer required for accomplishment of its purposes.  Such 
 10.19  property may be sold in the manner provided by Minnesota 
 10.20  Statutes, Section 458.196 469.065, insofar as practical.  The 
 10.21  board may give such notice of sale as it shall deem appropriate. 
 10.22  When the board determines that any property or any part of the 
 10.23  district disposal system which has been acquired from a local 
 10.24  government unit without compensation is no longer required but 
 10.25  is required as a local facility by the government unit from 
 10.26  which it was acquired, the board may by resolution transfer it 
 10.27  to such government unit. 
 10.28     Sec. 17.  Laws 1971, chapter 869, section 19, is amended to 
 10.29  read: 
 10.30     Sec. 19.  [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES 
 10.31  OUTSIDE THE JURISDICTION OF THE BOARD.] 
 10.32     The board may contract with the United States or any agency 
 10.33  thereof, any state or any agency thereof, or any municipal or 
 10.34  public corporation, governmental subdivision or agency or 
 10.35  political subdivision in any state, outside the jurisdiction of 
 10.36  the board, for furnishing to such entities any services which 
 11.1   the board may furnish to local government units in the district 
 11.2   under this act, including but not limited to planning for and 
 11.3   the acquisition, betterment, operation, administration and 
 11.4   maintenance of any or all interceptors, treatment works and 
 11.5   local sanitary sewer facilities, provided that the board may 
 11.6   further include as one of the terms of the contract that such 
 11.7   entity also pay to the board such amount as may be agreed upon 
 11.8   as a reasonable estimate of the proportionate share properly 
 11.9   allocable to the entity of costs of acquisition, betterment and 
 11.10  debt service previously allocated to local government units in 
 11.11  the district.  When such payments are made by such entities to 
 11.12  the board, they shall be applied in reduction of the total 
 11.13  amount of costs thereafter allocated to each local government 
 11.14  unit in the district, on such equitable basis as the board deems 
 11.15  to be in the best interests of the district, applying so far as 
 11.16  practicable and appropriate the criteria set forth in section 9, 
 11.17  subdivision 2 2a.  Any municipality in the state of Minnesota 
 11.18  may enter into such contract and perform all acts and things 
 11.19  required as a condition or consideration therefor consistent 
 11.20  with the purposes of this act, whether or not included among the 
 11.21  powers otherwise granted to such municipality by law or charter, 
 11.22  such powers to include those powers set out in section 10, 
 11.23  subdivisions 3, 3a, 3b, and 4. 
 11.24     Sec. 18.  Laws 1971, chapter 869, section 20, subdivision 
 11.25  2, is amended to read: 
 11.26     Subd. 2.  [CONTRACTS IN EXCESS OF $5,000 UNIFORM MUNICIPAL 
 11.27  CONTRACTING LAW.] No contract for any construction work, or for 
 11.28  the purchase of materials, supplies, or equipment, estimated to 
 11.29  cost more than $5,000 shall be made by the board without 
 11.30  publishing once in a newspaper having general circulation in the 
 11.31  district and once in a trade paper or legal newspaper published 
 11.32  in any city of the first class, not less than 14 days before the 
 11.33  last day for submission of bids, notice that bids or proposals 
 11.34  will be received.  Such notice shall state the nature of the 
 11.35  work or purchase and the terms and conditions upon which the 
 11.36  contract is to be awarded, and the time and place where such 
 12.1   bids will be received, opened, and read publicly.  After such 
 12.2   bids have been duly received, opened, read publicly, and 
 12.3   recorded, the board shall within a reasonable time award such 
 12.4   contract to the lowest responsible bidder or it may reject all 
 12.5   bids and readvertise.  Each contract shall be duly executed in 
 12.6   writing and the party to whom the contract is awarded shall give 
 12.7   sufficient bond or security to the board for the faithful 
 12.8   performance of the contract as required by law.  If the board by 
 12.9   an affirmative vote of not less than two thirds of its members 
 12.10  declares that an emergency exists requiring the immediate 
 12.11  purchase of materials or supplies or in making emergency 
 12.12  repairs, at a cost estimated to be in excess of $5,000, it shall 
 12.13  not be necessary to advertise for bids.  All contracts for work 
 12.14  to be done or for purchases of materials, supplies, or equipment 
 12.15  shall be done in accordance with Minnesota Statutes, section 
 12.16  471.345. 
 12.17     Sec. 19.  Laws 1971, chapter 869, section 21, is amended to 
 12.18  read: 
 12.19     Sec. 21.  [ANNEXATION OF TERRITORY.] 
 12.20     Subdivision 1.  [METHOD AND CONDITIONS FOR ANNEXATION.] Any 
 12.21  municipality in Douglas county, Minnesota upon resolution 
 12.22  adopted by a four-fifths vote of its governing body may petition 
 12.23  the board for annexation to the district of the area then 
 12.24  comprising the municipality, or any part thereof and, if 
 12.25  accepted by the board, such area shall be deemed annexed to the 
 12.26  district and subject to the jurisdiction of the board under the 
 12.27  terms and provisions of this act.  The territory so annexed 
 12.28  shall be subject to taxation and assessment pursuant to the 
 12.29  provisions of this act and shall be subject to taxation by the 
 12.30  board like other property in the district for the payment of 
 12.31  principal and interest thereafter becoming due on general 
 12.32  obligations of the board, whether authorized or issued before or 
 12.33  after such annexation.  The board may in its discretion 
 12.34  condition approval of the annexation upon:  (a) the 
 12.35  contribution, by or on behalf of the municipality petitioning 
 12.36  for annexation, to the board of such amount as may be agreed 
 13.1   upon as being a reasonable estimate of the proportionate share, 
 13.2   properly allocable to the municipality, of costs of acquisition, 
 13.3   betterment and debt service previously allocated to local 
 13.4   government units in the district, on such terms as may be agreed 
 13.5   upon.; and in lieu of (a) or in addition thereto (b) such other 
 13.6   and further conditions as the board deems in the best interests 
 13.7   of the district.  Notwithstanding any other provisions of this 
 13.8   act to the contrary, the conditions established for annexation 
 13.9   may include the requirement that the annexed municipality pay 
 13.10  for, contract for and oversee the construction of local sanitary 
 13.11  sewer facilities and interceptor sewers as those terms are 
 13.12  defined in section 2.  For the purpose of paying this such 
 13.13  contribution or of satisfying any other condition established by 
 13.14  the board, the municipality petitioning annexation may exercise 
 13.15  the powers conferred in section 10.  When such contributions are 
 13.16  made by the municipality to the board, they shall be applied in 
 13.17  reduction of the total amount of costs thereafter allocated to 
 13.18  each local government unit in the district, on such equitable 
 13.19  basis as the board deems to be in the best interests of the 
 13.20  district, applying so far as practicable and appropriate the 
 13.21  criteria set forth in section 9, subdivision 2.  Upon annexation 
 13.22  of such territory, the secretary of the board shall certify to 
 13.23  the auditor and treasurer of the county in which the 
 13.24  municipality is located the fact of such annexation and a legal 
 13.25  description of the territory annexed. 
 13.26     Subd. 2.  [LAKE MARY AND IDA TOWNSHIPS.] If Lake Mary or 
 13.27  Ida townships, or both of them, petition to annex all or any 
 13.28  part or parts of their townships to the district, upon 
 13.29  acceptance by the board, the townships shall have all powers set 
 13.30  out in section 18, subdivision 6. 
 13.31     Sec. 20.  Laws 1971, chapter 869, section 24, is amended to 
 13.32  read: 
 13.33     Sec. 24.  [AFFECTED LOCAL GOVERNMENT UNITS.] 
 13.34     The city of Alexandria and the townships of Alexandria, 
 13.35  Carlos, Hudson and, LaGrand, Lake Mary, and Ida, in the county 
 13.36  of Douglas, are affected by this act.  Local consent shall not 
 14.1   be required. 
 14.2      Sec. 21.  [REPEALER.] 
 14.3      Laws 1971, chapter 869, section 6, subdivision 3, is 
 14.4   repealed. 
 14.5      Sec. 22.  [EFFECTIVE DATE.] 
 14.6      Sections 1 to 21 are effective without local approval on 
 14.7   the day after their final enactment.