SF 1342

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to municipalities; providing for annexation 
  1.3             elections in certain cases; amending Minnesota 
  1.4             Statutes 2000, section 414.031, subdivision 6, and by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 414.031, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5a.  [ANNEXATION ELECTION.] Where a proceeding for 
  1.10  annexation has been initiated by a resolution of a municipality 
  1.11  under subdivision 1, clause (a), an election must be held on the 
  1.12  proposed annexation before the Minnesota municipal board 
  1.13  initiates proceedings.  Within five days after adoption of the 
  1.14  resolution, the governing body must submit a copy of the 
  1.15  resolution to the executive director of the municipal board.  
  1.16  The election must be held at the time of the next township 
  1.17  election.  The executive director shall cause a copy of the 
  1.18  municipality's resolution, including notice of the election, to 
  1.19  be posted not less than 20 days before the election in three 
  1.20  public places in the area, and shall cause notice of the 
  1.21  election to be published for two successive weeks in a qualified 
  1.22  newspaper of general circulation in the area.  The board shall 
  1.23  appoint the necessary election judges from voters resident in 
  1.24  the area and shall supervise them in their duties.  The board 
  1.25  shall designate the polling place or places, using so far as 
  2.1   possible the usual polling place or places.  The polls shall be 
  2.2   open at least 13 hours and until at least 8:00 p.m.  The judges 
  2.3   shall conduct the election so far as practicable in accordance 
  2.4   with the laws regulating regular township elections.  Only 
  2.5   property owners within the area of the township described in the 
  2.6   municipality's resolution shall be entitled to vote.  The ballot 
  2.7   shall bear the words "For Annexation" and "Against Annexation" 
  2.8   with a square before each of the phrases in one of which the 
  2.9   voter shall make a cross to express a choice.  The ballots and 
  2.10  election supplies shall be provided and the election judges 
  2.11  shall be paid by the annexing municipality.  Immediately upon 
  2.12  completion of the counting of the ballots, the judges of the 
  2.13  election shall make a signed and verified certificate declaring 
  2.14  the time and the place of holding the election, that they have 
  2.15  canvassed the ballots cast, and the number cast both for and 
  2.16  against the proposition, and they shall then file the 
  2.17  certificate with the executive director of the board.  If the 
  2.18  certificate shows 75 percent or more of the votes cast were "For 
  2.19  Annexation," the board shall immediately issue an order 
  2.20  declaring the area annexed to the municipality.  If fewer than 
  2.21  75 percent of the votes are cast for annexation, the annexation 
  2.22  fails.  If approved, the annexation is effective on the date of 
  2.23  the issuance of the order.  If the proposed annexation is 
  2.24  defeated in the election, the municipality may not adopt a 
  2.25  resolution under subdivision 1, clause (a), for the annexation 
  2.26  of substantially the same area within two years of the date of 
  2.27  the election.  The executive director shall, upon receipt of the 
  2.28  certificate, notify all parties of record of the election 
  2.29  results. 
  2.30     Sec. 2.  Minnesota Statutes 2000, 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.  [SUCCESSOR TO BOARD.] 
  3.11     The duties and responsibilities of the Minnesota municipal 
  3.12  board under this act must be carried out by its successor in law.
  3.13     Sec. 4.  [EFFECTIVE DATE.] 
  3.14     This act is effective the day after final enactment.