SF 600

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing additional 
  1.3             procedures for waste management and treatment in 
  1.4             certain unincorporated areas; amending Minnesota 
  1.5             Statutes 1996, section 115.49, subdivisions 1 and 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 115.49, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  If the agency determines after a hearing on 
  1.10  the subject matter that cooperation between two or more 
  1.11  municipalities or between a municipality and an area that is 
  1.12  developed but unincorporated, is necessary to provide for 
  1.13  areawide waste management and treatment, in accordance with the 
  1.14  Federal Water Pollution Control Act, as amended, or to prevent, 
  1.15  control, or abate pollution, it may adopt a resolution so 
  1.16  declaring and determining whether it will be feasible to secure 
  1.17  such cooperation by contract between the municipalities or the 
  1.18  municipality and unincorporated area concerned. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 115.49, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  If the agency determines that procedure by 
  1.22  contract will be feasible it may issue an order so declaring, 
  1.23  setting forth the general purposes and terms of a proposed 
  1.24  contract under any applicable law, determining, among other 
  1.25  things, which of the municipalities concerned shall have charge 
  2.1   of any facilities constructed, and directing the municipalities 
  2.2   concerned to formulate and execute such contract within such 
  2.3   time as the agency may specify in the order, but not less than 
  2.4   90 days from the date of mailing copies of the order to the 
  2.5   clerks or other recording officers of such municipalities or 
  2.6   service thereof upon them.  
  2.7      If the order requires a municipality to provide service to 
  2.8   a developed but unincorporated area, the order shall describe 
  2.9   the unincorporated area to be served and may include any 
  2.10  unincorporated area lying between the municipality and the 
  2.11  developed but unincorporated area or any area adjacent to the 
  2.12  municipality or developed but unincorporated area that is 
  2.13  necessary to effectively provide service to the unincorporated 
  2.14  area in the service area under consideration.  After the agency 
  2.15  issues an order requiring a municipality to provide service to 
  2.16  the unincorporated area, the municipality, during the 90-day 
  2.17  period and notwithstanding any contrary provisions of chapter 
  2.18  414, may annex the area designated by the agency for service by 
  2.19  adopting an ordinance and submitting it to the Minnesota 
  2.20  municipal board.  The Minnesota municipal board may review and 
  2.21  comment but shall order the annexation within 30 days.  That 
  2.22  order has the same effect as an order of annexation issued by 
  2.23  the board under chapter 414.  Any affected township has no right 
  2.24  to object. 
  2.25     If a contract approved by the agency as sufficient for the 
  2.26  purposes set forth in the order is not made within the time 
  2.27  therein specified, or a municipality has not annexed an area by 
  2.28  ordinance as provided in this subdivision, the agency may refer 
  2.29  the case to the commissioner as provided in section 115.48. 
  2.30  Thereupon and thereby all the appropriate contractual powers of 
  2.31  each municipality concerned and its governing or managing body 
  2.32  and officers shall be transferred to and vested in the 
  2.33  commissioner.  The commissioner may then formulate a contract in 
  2.34  accordance with the agency's order, with necessary counterparts, 
  2.35  and execute the same in the name of each municipality concerned, 
  2.36  with like force and effect as if executed by their officers as 
  3.1   provided by law or charter. An executed counterpart of the 
  3.2   contract shall be delivered or sent by certified mail by the 
  3.3   commissioner to the clerk or other recording officer of each 
  3.4   municipality concerned, and the contract shall thereupon take 
  3.5   effect and be binding on such municipalities. 
  3.6      Sec. 3.  [TRANSITION PROVISION.] 
  3.7      If the commissioner of the pollution control agency has 
  3.8   issued an order or a contract has been formulated for a 
  3.9   municipality to provide services to an unincorporated area under 
  3.10  Minnesota Statutes, section 115.49, subdivisions 1 and 2, before 
  3.11  the effective date of this act, the affected municipality has 
  3.12  the authority to annex the unincorporated area under section 2 
  3.13  within 90 days of the effective date of this act. 
  3.14     Sec. 4.  [EFFECTIVE DATE.] 
  3.15     This act is effective the day following final enactment.