HF 400

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; requiring an election on 
  1.3             the annexation of unincorporated land in certain 
  1.4             circumstances; amending Minnesota Statutes 1994, 
  1.5             section 414.031, subdivision 6, and by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 414.031, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5a.  [ANNEXATION ELECTION.] Where a proceeding for 
  1.11  annexation has been initiated by a resolution of a municipality 
  1.12  under subdivision 1, clause (a) an election must be held on the 
  1.13  proposed annexation before the Minnesota municipal board 
  1.14  initiates proceedings.  Within five days after adoption of the 
  1.15  resolution, the governing body must submit a copy of the 
  1.16  resolution to the executive director of the municipal board.  
  1.17  The municipal board shall fix a day, not less than 20 days nor 
  1.18  more than 90 days, after receipt of the copy of the resolution 
  1.19  when an election shall be held at a place designated by the 
  1.20  board within the area proposed for annexation.  The executive 
  1.21  director shall cause a copy of the municipality's resolution, 
  1.22  including notice of the election, to be posted not less than 20 
  1.23  days before the election in three public places in the area, and 
  1.24  shall cause notice of the election to be published two 
  1.25  successive weeks in a qualified newspaper of general circulation 
  1.26  in the area.  The board shall appoint the necessary election 
  2.1   judges from voters resident in the area and shall supervise them 
  2.2   in their duties.  The board shall designate the polling place or 
  2.3   places, using so far as possible the usual polling place or 
  2.4   places.  The polls shall be open at least 13 hours and until at 
  2.5   least 8:00 p.m.  The judges shall conduct the election so far as 
  2.6   practicable in accordance with the laws regulating special 
  2.7   elections.  Only property owners within the area of the township 
  2.8   described in the municipality's resolution shall be entitled to 
  2.9   vote.  The ballot shall bear the words "For Annexation" and 
  2.10  "Against Annexation" with a square before each of the phrases in 
  2.11  one of which the voter shall make a cross to express a choice.  
  2.12  The ballots and election supplies shall be provided and the 
  2.13  election judges shall be paid by the annexing municipality.  
  2.14  Immediately upon completion of the counting of the ballots, the 
  2.15  judges of the election shall make a signed and verified 
  2.16  certificate declaring the time and place of holding the 
  2.17  election, that they have canvassed the ballots cast, and the 
  2.18  number cast both for and against the proposition, and they shall 
  2.19  then file the certificate with the executive director of the 
  2.20  board.  If the certificate shows the majority of the votes cast 
  2.21  were "For Annexation" the board shall immediately issue an order 
  2.22  declaring the area annexed to the municipality.  The annexation 
  2.23  is effective on the date of the issuance of the order.  If the 
  2.24  proposed annexation is defeated in the election, the 
  2.25  municipality may not adopt a resolution under subdivision 1, 
  2.26  clause (a) for the annexation of substantially the same area 
  2.27  within two years of the date of the election.  The executive 
  2.28  director shall, upon receipt of the certificate, notify all 
  2.29  parties of record of the election results. 
  2.30     Sec. 2.  Minnesota Statutes 1994, section 414.031, 
  2.31  subdivision 6, is amended to read: 
  2.32     Subd. 6.  [EFFECTIVE DATE OF ANNEXATION.] Except as 
  2.33  otherwise provided in subdivision 5a, the annexation shall be 
  2.34  effective as of the date fixed in the annexation order or on 
  2.35  such later date as is fixed in the annexation order.  A copy of 
  2.36  the annexation order must be delivered immediately by the 
  3.1   executive director of the Minnesota municipal board to the 
  3.2   appropriate county auditor or auditors.  For the purposes of 
  3.3   taxation, if the annexation becomes effective on or before 
  3.4   August 1 of a levy year, the municipality may levy on the 
  3.5   annexed area beginning with that same levy year.  If the 
  3.6   annexation becomes effective after August 1 of a levy year, the 
  3.7   town may continue to levy on the annexed area for that levy 
  3.8   year, and the municipality may not levy on the annexed area 
  3.9   until the following levy year. 
  3.10     Sec. 3. [EFFECTIVE DATE.] 
  3.11     This act is effective the day after final enactment.