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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1983 

                        CHAPTER 265--H.F.No. 636
           An act relating to local government; authorizing sewer 
          and water commissions to obtain accountant services; 
          permitting the sale of certain county property; 
          amending Minnesota Statutes 1982, section 116A.24, 
          subdivision 2. 
    Section 1.  Minnesota Statutes 1982, section 116A.24, 
subdivision 2, is amended to read: 
    Subd. 2.  Subject to the approval of the board or boards 
except to the extent that approval is waived by the board or 
boards in an order filed with and confirmed by order of the 
district court, the water or sewer or water and sewer commission 
or when a multicounty system is involved a county board may do 
all things necessary to establish, construct, operate and 
maintain a system including but not limited to the following: 
    (a) Employ on such terms as it deems advisable, persons or 
firms performing engineering, legal or other services of a 
professional nature; require any employee to obtain and file 
with it an individual bond or fidelity insurance policy; and 
procure insurance in such amounts as it deems necessary against 
liability of the board or its officers and employees or both, 
for personal injury or death and property damage or destruction, 
with the force and effect stated in chapter 466, and against 
risks of damage to or destruction of any of its facilities, 
equipment, or other property as it deems necessary. 
    (b) Construct or maintain its systems or facilities in, 
along, on, under, over, or through public streets, bridges, 
viaducts, and other public rights-of-way without first obtaining 
a franchise from any local government unit having jurisdiction 
over them; but such facilities shall be constructed and 
maintained in accordance with the ordinances and resolutions of 
any such government unit relating to construction, installation, 
and maintenance of similar facilities in such public properties 
and shall not obstruct the public use of such rights-of-way. 
    (c) Enter into any contract necessary or proper for the 
exercise of its powers or the accomplishment of its purposes. 
    (d) Have the power to adopt rules and regulations relating 
to the establishment of water or sewer rentals or user fees as 
may be deemed advisable and the operation of any system operated 
by it, and may provide penalties for the violation thereof not 
exceeding the maximum which may be specified for a misdemeanor.  
Any rule or regulation prescribing a penalty for violation shall 
be published at least once in a newspaper having general 
circulation in the area. 
    (e) Act under the provisions of section 471.59, or any 
other appropriate law providing for joint or cooperative action 
between government units. 
    (f) Acquire by purchase, lease, condemnation, gift, or 
grant, any real or personal property including positive and 
negative easements and water and air rights, and it may 
construct, enlarge, improve, replace, repair, maintain, and 
operate any system determined to be necessary or convenient for 
the collection and disposal of sewage or collection, treatment, 
and distribution of water in its jurisdiction.  Any local 
government unit and the commissioners of transportation and 
natural resources are authorized to convey to or permit the use 
of any such facilities owned or controlled by it by the board or 
commission, subject to the rights of the holders of any bonds 
issued with respect thereto, with or without compensation, 
without an election or approval by any other government agency.  
The board or commission may hold such property for its purposes, 
and may lease any such property so far as not needed for its 
purposes, upon such terms and in such manner as it shall deem 
advisable.  Unless otherwise provided, the right to acquire 
lands and property rights by condemnation shall be exercised in 
accordance with sections 117.011 to 117.232, and shall apply to 
any property or interest therein owned by any local government 
unit; provided, that no such property devoted to an actual 
public use at the time, or held to be devoted to such use within 
a reasonable time, shall be so acquired unless a court of 
competent jurisdiction shall determine that the use proposed by 
the commission is paramount to such use.  Except in case of 
property in actual public use, the board or commission may take 
possession of any property for which condemnation proceedings 
have been commenced at any time after the issuance of a court 
order appointing commissioners for its condemnation. 
    (g) Contract with the United States or any agency thereof, 
any state or agency thereof, or any local government unit or 
governmental agency or subdivision, for the joint use of any 
facility owned by the board or such entity, for the operation by 
such entity of any system or facility of the board, or for the 
performance on the board's behalf of any service, on such terms 
as may be agreed upon by the contracting parties. 
    (h) Exercise any other powers granted to the board or 
boards or court under section 116A.01, subdivision 2, relating 
to the establishment of a water or sewer or water and sewer 
system, except for the power to issue bonds. 
    (i) Retain the services of a certified public accountant 
for the purposes of providing an annual audited operating 
statement and balance sheet and other financial reports.  The 
reports must be prepared in accordance with general accounting 
principles and must be filed within six months after the close 
of the fiscal year in the office of each county auditor within 
the district and with the office of the state auditor.  The 
reports may be prepared by the state auditor instead of by a 
certified public accountant if the commission so requests.  
     Subdivision 1.  Notwithstanding Minnesota Statutes, section 
373.01, subdivision 1, or any other law to the contrary, the 
counties of Mower, Steele, Rice and Goodhue may sell the 
property owned jointly by them formerly known as the Mineral 
Springs Sanitorium in the open market and upon terms as the 
counties determine without competitive bids, or public notice or 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 2 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
county board of each of the counties of Mower, Steele, Rice and 
    Approved June 6, 1983