SF 2546

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; permitting the cities of 
  1.3             Rockville and Pleasant Lake and the town of Rockville 
  1.4             to jointly develop a consolidation plan; permitting 
  1.5             the cities of New London and Spicer and the town of 
  1.6             New London to jointly develop a consolidation plan; 
  1.7             requiring hearings, approval by the governing bodies, 
  1.8             and referenda; permitting the city of Montgomery to 
  1.9             abolish its ward system. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [CONSOLIDATION PLAN.] 
  1.12     Subdivision 1.  [SUBJECTS; DEADLINE.] The cities of 
  1.13  Rockville and Pleasant Lake and the town of Rockville may 
  1.14  develop a consolidation plan within one year after the effective 
  1.15  date of this act.  The consolidation plan must address or 
  1.16  expressly eliminate each subject mentioned or referred to in 
  1.17  Minnesota Statutes, section 414.041, and any other matters 
  1.18  pertinent to the consolidation.  The plan must provide for the 
  1.19  election of new municipal officers for the combined 
  1.20  municipality.  The one-year planning period shall be considered 
  1.21  a proceeding for the purposes of Minnesota Statutes, section 
  1.22  414.033, subdivision 6. 
  1.23     Subd. 2.  [LOCAL HEARING.] The communities shall jointly 
  1.24  conduct at least one hearing regarding the consolidation plan 
  1.25  and to discuss the issues referred to in Minnesota Statutes, 
  1.26  section 414.041, subdivision 3.  Any hearings conducted under 
  1.27  this provision must be preceded by at least two weeks' published 
  2.1   notice in a legal newspaper of general circulation in the 
  2.2   affected area.  Changes may be made to the consolidation plan as 
  2.3   a result of the hearings. 
  2.4      Subd. 3.  [APPROVAL.] The consolidation plan must be 
  2.5   approved by the governing body of each participating city and 
  2.6   town in a joint resolution. 
  2.7      Subd. 4.  [REFERENDA.] Once each governing body approves 
  2.8   the consolidation plan, referenda shall be conducted at a 
  2.9   general or special election in each of the three communities on 
  2.10  the same day.  Costs of the respective referenda shall be borne 
  2.11  by the respective communities.  A majority of those voting in 
  2.12  each community must approve the proposed consolidation. 
  2.13     Subd. 5.  [FILING; FINAL APPROVAL.] If the consolidation is 
  2.14  approved in each referenda, the plan, joint resolution, and 
  2.15  results of the referenda shall be filed with the director of the 
  2.16  state office of strategic and long-range planning.  The director 
  2.17  may review and comment, but shall, within 30 days, order the 
  2.18  consolidation of the communities in accordance with the 
  2.19  provisions of the consolidation plan.  The director may not 
  2.20  alter the boundaries, procedures, or other provisions of the 
  2.21  plan. 
  2.22     Subd. 6.  [EFFECTIVE; NOTIFICATION.] The consolidation 
  2.23  shall be effective upon the issuance of the consolidation order 
  2.24  by the director.  The director shall cause copies of the order 
  2.25  to be mailed to the parties, the secretary of state, the 
  2.26  department of revenue, the state demographer, and the affected 
  2.27  county auditor. 
  2.28     Sec. 2.  [CONSOLIDATION PLAN; NEW LONDON, SPICER, NEW 
  2.29  LONDON TOWNSHIP.] 
  2.30     Subdivision 1.  [SUBJECTS; DEADLINE.] The cities of New 
  2.31  London and Spicer and the town of New London may develop a 
  2.32  consolidation plan within one year after the effective date of 
  2.33  this act.  The consolidation plan must address or expressly 
  2.34  eliminate each subject mentioned or referred to in Minnesota 
  2.35  Statutes, section 414.041, and any other matters pertinent to 
  2.36  the consolidation.  The plan must provide for the election of 
  3.1   new municipal officers for the combined municipality.  The 
  3.2   one-year planning period shall be considered a proceeding for 
  3.3   the purposes of Minnesota Statutes, section 414.033, subdivision 
  3.4   6. 
  3.5      Subd. 2.  [LOCAL HEARING.] The communities shall jointly 
  3.6   conduct at least one hearing regarding the consolidation plan 
  3.7   and to discuss the issues referred to in Minnesota Statutes, 
  3.8   section 414.041, subdivision 3.  Any hearings conducted under 
  3.9   this provision must be preceded by at least two weeks' published 
  3.10  notice in a legal newspaper of general circulation in the 
  3.11  affected area.  Changes may be made to the consolidation plan as 
  3.12  a result of the hearings. 
  3.13     Subd. 3.  [APPROVAL.] The consolidation plan must be 
  3.14  approved by the governing body of each participating city and 
  3.15  town in a joint resolution. 
  3.16     Subd. 4.  [REFERENDA.] Once each governing body approves 
  3.17  the consolidation plan, referenda shall be conducted at a 
  3.18  general or special election in each of the three communities on 
  3.19  the same day.  Costs of the respective referenda shall be borne 
  3.20  by the respective communities.  A majority of those voting in 
  3.21  each community must approve the proposed consolidation. 
  3.22     Subd. 5.  [FILING; FINAL APPROVAL.] If the consolidation is 
  3.23  approved in each referenda, the plan, joint resolution, and 
  3.24  results of the referenda shall be filed with the director of the 
  3.25  state office of strategic and long-range planning.  The director 
  3.26  may review and comment, but shall, within 30 days, order the 
  3.27  consolidation of the communities in accordance with the 
  3.28  provisions of the consolidation plan.  The director may not 
  3.29  alter the boundaries, procedures, or other provisions of the 
  3.30  plan. 
  3.31     Subd. 6.  [EFFECTIVE; NOTIFICATION.] The consolidation 
  3.32  shall be effective upon the issuance of the consolidation order 
  3.33  by the director.  The director shall cause copies of the order 
  3.34  to be mailed to the parties, the secretary of state, the 
  3.35  department of revenue, the state demographer, and the affected 
  3.36  county auditor. 
  4.1      Sec. 3.  [MONTGOMERY; REPEAL OF WARD SYSTEM.] 
  4.2      The city of Montgomery may by ordinance abolish its ward 
  4.3   system and provide for election of council members at-large.  
  4.4   The ordinance must be adopted by July 1, of the year in which it 
  4.5   is to take effect. 
  4.6      Sec. 4.  [EFFECTIVE DATE.] 
  4.7      This act is effective the day following final enactment.  
  4.8   No local approval is required.