Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 118--S.F.No. 721
           An act relating to local government; authorizing 
          Carver and Washington counties to finance sewage 
          disposal systems on behalf of cities and towns in the 
          counties by the issuance of county general obligation 
          bonds. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [COUNTY DISPOSAL SYSTEMS.] 
    This act may apply to Carver county and Washington county. 
Each county may under joint powers agreements with cities and 
towns acquire, construct, install, and improve, on behalf of 
cities and towns in the county, sewage disposal facilities which 
are disposal systems or parts of systems within the meaning of 
Minnesota Statutes, section 115.01, subdivision 8.  The county 
may enter into agreements with cities and towns relating to 
payment of the costs of facilities by the cities and towns and 
the administration of federal or state grant or loan funds 
received in connection with facilities.  The agreements shall be 
entered under Minnesota Statutes, section 471.59.  
    Sec. 2.  [BONDS.] 
    The county board may at any time issue bonds of the county 
in the amount necessary to defray, in whole or part, the costs 
of establishing, acquiring, constructing, installing, and 
improving disposal systems or parts of systems in the county and 
all reasonable necessary incidental costs, incurred and to be 
incurred including, without limitation, the costs of 
professional planning studies, engineering, legal, financial 
advisory, and other professional services, printing and 
publication, and interest to accrue on the bonds before receipt 
of funds pledged to their payment, whether incurred by the 
county or the affected cities and towns.  In connection with the 
issue, the county may exercise all powers granted to cities or 
towns under Minnesota Statutes, sections 115.46 and 444.075 and 
chapter 475.  
    It may also issue bonds to refund outstanding bonds issued 
pursuant to this section in accordance with chapter 475.  
    Except as otherwise provided in this act, bonds issued 
under this section shall be sold and issued in accordance with 
chapter 475, and may pledge the full faith, credit, and 
unlimited taxing powers of the county for the prompt payment of 
principal and interest.  No election shall be required to 
authorize bonds to be issued under this section if the county 
board determines that payments to be made by cities and towns 
pursuant to contracts with the county, together with any special 
assessments, revenues, and funds from federal or state grants or 
loans to aid in payment of authorized costs of the disposal 
systems, are estimated to be sufficient to pay the principal of 
and interest on the bonds when due.  
     The county board may also issue for the same purposes 
general obligation temporary bonds in anticipation of the 
receipt of any federal or state grant or loan funds for which 
application has been made or in anticipation of the proceeds of 
definitive bonds authorized under this section.  The temporary 
bonds shall mature within not more than three years from the 
date of issuance and shall otherwise be sold and issued in 
accordance with chapter 475, except that no election shall be 
required.  If temporary bonds are issued, the proceeds of the 
grant or loan when received shall be irrevocably appropriated to 
their sinking fund and the estimated amount of the proceeds may 
be deducted from the tax otherwise required to be levied by 
Minnesota Statutes, section 475.61, subdivision 1.  
     Any amount of the temporary bonds which cannot be paid at 
maturity from the proceeds of the grant or loan or from any 
other funds appropriated by the board for the purpose, shall be 
paid from the proceeds of definitive obligations to be issued 
and sold before the maturity date in accordance with this 
section.  If sufficient funds are not available for payment in 
full of the temporary obligations at maturity, their holders 
shall have the right to require the issuance of definitive 
obligations bearing interest at the maximum rate permitted by 
law in exchange for them.  
    The amount of bonds issued under this section shall not be 
included in computing any debt limitation applicable to the 
county, and any taxes levied to pay the principal and interest 
on the bonds shall not be subject to any levy limitation, or be 
included in computing or applying any levy limitation applicable 
to the county.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective separately for each of the counties 
of Carver and Washington the day after compliance by its 
governing body with Minnesota Statutes, section 645.021, 
subdivision 3. 
    Approved May 10, 1983