Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 543-S.F.No. 1298
An act relating to local government; providing
procedures for the publication of legal notices;
removing various requirements for publication of
notices; amending Minnesota Statutes 1982, sections
3.21; 48.48, subdivision 1; 88.48, subdivision 2;
94.10, subdivision 1; 94.344, subdivision 7; 123.33,
subdivision 11; 123.71, subdivision 1; 206.17,
subdivision 2; 279.07; 279.08; 300.13, subdivision 4;
302A.727, subdivision 1; 306.023, subdivision 2;
306.111, subdivision 2; 306.16, subdivision 2; 306.21,
subdivision 1; 307.06; 315.25; 326.18; 346.02;
370.04; 370.07; 371.04; 372.02; 372.08; 374.13;
374.34; 375.025, subdivision 4; 375.12; 375.17;
375.51, subdivision 3; 375.52; 383A.27, subdivision 2;
412.191, subdivisions 3 and 4; 414.09, subdivision 3;
415.021; 429.061, subdivision 2; 430.02, subdivisions
3, 7, 11, and 12; 430.04; 430.07, subdivision 5;
430.102, subdivision 3; 435.202, subdivision 2;
441.04; 462.427, subdivision 3; 465.32; 465.38;
471.697, subdivision 1; 471.698, subdivision 1;
471.6985; 472.04, subdivision 2; and 484.30; proposing
new law coded in Minnesota Statutes, chapters 375 and
471; proposing new law coded as Minnesota Statutes,
chapter 331A; repealing Minnesota Statutes 1982,
sections 55.09; 331.01; 331.02; 331.03; 331.04;
331.05; 331.06; 331.07; 331.08; 331.10; 331.11; and
441.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 3.21, is
amended to read:
3.21 [NOTICE.]
At least four months preceding the election, the attorney
general shall furnish to the secretary of state a statement of
the purpose and effect of all amendments proposed showing
clearly the form of the existing sections, and of the same as
they will read if amended, except that when any section to which
an amendment is proposed exceeds 150 words in length, the
statement shall show that part of the section in which a change
is proposed, both in its existing form and as it will read when
amended, together with portions of the context as the attorney
general deems necessary to an understanding of the proposed
amendment. In the month of October prior to the election, the
secretary of state shall give two weeks published notice of the
statement in all legal qualified newspapers of the state. The
secretary of state shall furnish the statement to the newspapers
in reproducible form approved by the secretary of state, set in
7-1/2 point type on an eight point body. The maximum rate for
publication shall be 17 cents per standard line in 1979 and 18
cents per standard line thereafter as provided in section 25 for
the two publications. If any newspaper shall refuse the
publication of the amendments, this refusal and failure of the
publication shall have no effect on the validity of the
amendments. The secretary of state shall also forward to each
county auditor copies of the statement, in poster form, in
quantities sufficient to supply each election district of his
county with two copies thereof. The auditor shall cause two
copies to be conspicuously posted at or near each polling place
on election day. Wilful or negligent failure by any official
named to perform any duty imposed upon him by this section shall
be deemed a misdemeanor.
Sec. 2. Minnesota Statutes 1982, section 48.48,
subdivision 1, is amended to read:
Subdivision 1. [SUBMISSION AND PUBLICATION.] At least four
times in each year, and at any other time when so requested by
the commissioner, every bank or trust company shall, within 30
days of the date of notice, make and transmit to the
commissioner, in a form he prescribes, a report, verified by its
president or vice-president and by its cashier or treasurer, and
attested by at least two of its directors, stating in detail,
under appropriate heads, as required by the commissioner, its
assets and liabilities at the close of business on the day
specified in the request. The commissioner may accept a report
made to a federal authority having supervision of banks or trust
companies in fulfilling this requirement. This statement shall
be published once at the expense of the bank or trust company in
a newspaper serving the municipality or town in which the bank
or trust company is located. The newspaper shall be published
in the county in which the bank or trust company is located or
in an adjoining county. Proof of publication shall be filed
with the commissioner immediately after publication of the
report. For the purposes of this subdivision a newspaper serves
a municipality or town if it meets the qualifications of section
331.02, subdivision 1, clause (4).
Sec. 3. Minnesota Statutes 1982, section 88.48,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] The county auditor shall, upon receipt
of the application and prior to the meeting of the county board
at which it is presented, publish once in the official newspaper
of the county notice of the presentation at the expense of the
applicant and mail a copy of the notice to the clerk of the town
in which lies the land therein described.
Sec. 4. Minnesota Statutes 1982, section 94.10,
subdivision 1, is amended to read:
Subdivision 1. Before offering any surplus state owned
lands for sale, the commissioner of administration may survey
such lands, and if the value thereof is estimated to be $20,000
or less, may have such lands appraised. He shall have the lands
appraised if the estimated value is in excess of $20,000. The
appraisal shall be made by not less than three appraisers, at
least two of whom shall be residents of the county in which the
lands are situated. Each appraiser shall before entering upon
the duties of his office take and subscribe an oath that he will
faithfully and impartially discharge his duties as appraiser
according to the best of his ability and that he is not
interested directly or indirectly in any of the lands to be
appraised or the timber or improvements thereon or in the
purchase thereof and has entered into no agreement or
combination to purchase the same or any part thereof, which oath
shall be attached to the report of such appraisal. Before
offering such surplus state owned lands for public sale, such
lands shall first be offered to the city, county, town, school
district, or other public body corporate or politic in which the
lands are situated for public purposes and they may be sold for
such public purposes for not less than the appraised value
thereof. To determine whether a public body desires to purchase
the surplus land, the commissioner of administration shall
publish notice describing the land on the same day of at least
two successive weeks in a newspaper of general circulation in
the county in which the land is located; however, the
commissioner shall give a written notice to the governing body
of each political subdivision whose jurisdictional boundaries
include or are adjacent to the surplus land. If a public body
desires to purchase the surplus land it shall submit a written
offer to the commissioner not later than two weeks after the
last published receipt of notice setting forth in detail its
reasons for desiring to acquire and its intended use of the
land. In the event that more than one public body tenders an
offer, the commissioner shall determine which party shall
receive the property, and he shall submit written findings
regarding his decision. If lands are offered for sale for such
public purposes, and if a public body notifies the commissioner
of administration of its desire to acquire such lands, the
public body may have not to exceed two years from the date of
the accepted offer to commence payment for the lands in the
manner provided by law.
Sec. 5. Minnesota Statutes 1982, section 94.344,
subdivision 7, is amended to read:
Subd. 7. Before giving final approval to any exchange of
Class B land, the county board shall hold a public hearing
thereon. At least two weeks before the hearing the county
auditor shall post in his office a notice thereof, containing a
description of the lands affected, and shall cause a copy of the
notice to be published in the newspaper designated for
publication of the official proceedings of the county board.
Sec. 6. Minnesota Statutes 1982, section 123.33,
subdivision 11, is amended to read:
Subd. 11. The board shall cause its official proceedings
to be published once in the official newspaper of the district.
Such publication shall be made within 30 days of the meeting at
which such proceedings occurred. If the board determines that
publication of a summary of the proceedings would adequately
inform the public of the substance of the proceedings, the board
may direct that only a summary be published, conforming to the
requirements of section 20, subdivision 10.
Sec. 7. Minnesota Statutes 1982, section 123.71,
subdivision 1, is amended to read:
Subdivision 1. Every school board shall, no later than
September 1 publish the revenue and expenditure budgets
submitted to the commissioner of education in accordance with
section 121.908, subdivision 4, for the current year and the
actual revenues, expenditures, fund balances for the prior year
and projected fund balances for the current year in a form
prescribed by the state board of education after consultation
with the advisory council on uniform financial accounting and
reporting standards. The forms prescribed shall be designed so
that year to year comparisons of revenue, expenditures and fund
balances can be made. These budgets, reports of revenue,
expenditures and fund balances shall be published in a newspaper
of general circulation and holding a U. S. Post Office
Department second class mailing permit or a legal newspaper
located in the district, or if there be no such newspaper within
the district then in the legal newspaper outside the district
which has a general circulation in the district qualified
newspaper of general circulation in the district.
Sec. 8. Minnesota Statutes 1982, section 206.17,
subdivision 2, is amended to read:
Subd. 2. Where electronic voting systems are used, within
five days prior to the election day, the election officer in
charge shall have the automatic tabulating equipment tested to
ascertain that the equipment will correctly count the votes cast
for all offices and on all measures. Public notice of the time
and place of the test shall be given at least two days prior
thereto by publication once in official newspapers. The test
shall be observed by at least two election judges, who shall not
be of the same major political party, and shall be open to
representatives of the major political parties, candidates, the
press and the public. The test shall be conducted by processing
a preaudited group of ballots so punched or marked as to record
a predetermined number of valid votes for each candidate and on
each measure, and shall include for each office one or more
ballots which have votes in excess of the number allowed by law
in order to test the ability of the automatic tabulating
equipment to reject such votes. If any error is detected, the
cause therefor shall be ascertained and corrected and an
errorless count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated immediately
before the start of the official count of the ballots, in the
same manner as set forth above. After the completion of the
count, the programs used and ballots shall be sealed, retained,
and disposed of as provided for paper ballots.
Sec. 9. Minnesota Statutes 1982, section 279.07, is
amended to read:
279.07 [PUBLICATION, BIDS.]
Prior to the day on which the county board designates a
newspaper for the publication of the notice and list, any
publisher or proprietor of a legal newspaper, as defined by law,
may file with the county auditor an offer to publish such notice
and list in such paper, stating the rate at which he will make
such publication, which shall not exceed the amounts provided
for in section 331.08. The board may in its discretion receive
offers presented to it at any time prior to the time when
designation is made.
Sec. 10. Minnesota Statutes 1982, section 279.08, is
amended to read:
279.08 [NEWSPAPER, DESIGNATION.]
At their annual meeting in January, and prior to the
designation, the county board shall open, examine, and consider
all offers for publication filed or presented as provided in
section 279.07, and shall thereupon award the publication of the
notice and list to the publisher or proprietor of the newspaper
whose offer is found to be the lowest, and does not exceed the
amounts provided for in section 331.08. The board may reject
any offer, if in its judgment the public interest so requires,
and thereupon designate a newspaper without regard to any
rejected offer. In counties now or hereafter having a
population of 450,000 or more, the board shall designate a daily
newspaper of general circulation throughout such county. If no
such daily newspaper submits a bid at the rate herein provided,
the board may designate a weekly newspaper of general
circulation throughout the county. In any county in which there
is no legal newspaper, the board shall designate any such
newspaper printed in the judicial district in which the county
is situated, and circulating in the county. Every such
designation shall be by resolution, which shall be substantially
in the following form:
"Resolved, that .......... (here state the name of the
newspaper) is hereby designated by the county board of the
county of ............. as the newspaper in which the notice
and list of the real estate remaining delinquent on the first
Monday of January, 19......., shall be published."
A copy of the resolution certified by the auditor shall be
filed with the clerk of the district court. If, for any reason,
the board fails to designate a newspaper, or the proprietor of
the newspaper fails to give the required bond, the auditor shall
thereupon designate the same in writing and immediately file
such writing in his office and a certified copy thereof with
such clerk.
Sec. 11. Minnesota Statutes 1982, section 300.13,
subdivision 4, is amended to read:
Subd. 4. [RESOLUTION TO ENLARGE, EFFECT.] Except in the
case of a nonprofit cooperative association, or a religious
corporation formed under Minnesota Statutes 1949, Chapter 315,
the resolution to enlarge the period of corporate existence does
not become effective until a duly certified copy of the
resolution has been filed, and recorded, and published in the
same manner as its original articles or certificate of
incorporation. A nonprofit cooperative association and a
religious corporation formed under Minnesota Statutes 1949,
Chapter 315, need not publish the resolution.
Sec. 12. Minnesota Statutes 1982, section 302A.727,
subdivision 1, is amended to read:
Subdivision 1. [WHEN PERMITTED; HOW GIVEN.] When a notice
of intent to dissolve has been filed with the secretary of
state, the corporation may give notice of the filing to each
known creditor of and claimant against the corporation at the
last known address of each known present, future, or contingent
creditor and claimant. The corporation may give published
notice to known creditors or claimants whose address is unknown
and to unknown present, future, or contingent creditors and
claimants, by publishing the notice once each week for four
successive weeks in a legal newspaper as defined in section
331.02 in the county or counties where the registered office and
the principal executive office of the corporation are located.
Sec. 13. Minnesota Statutes 1982, section 306.023,
subdivision 2, is amended to read:
Subd. 2. To accomplish such transfer, the board of
trustees of such cemetery association shall adopt a resolution
to that effect by an unanimous vote of the board of trustees,
and thereupon the chairman or president of the board of trustees
and the secretary shall be authorized to execute the proper
instruments and a deed in the name of the association to
evidence the transfer; provided, however, that such transfer
must first have been authorized by a majority vote of all
members of the association, present and voting, at any regular
meeting or at any special meeting called for that purpose,
written notice of which meeting shall have been given by
publication, for three successive weeks, once each week, in a
daily or weekly newspaper published in the county where such
cemetery is situated, subscribed by the chairman, president, or
secretary of the board of trustees, and to the members
specifying the time, place and purpose of such meeting.
In the event said association shall be an unincorporated
association, a deed executed in the name of such association by
the chairman or president and the secretary or treasurer of the
board of trustees shall be deemed a valid conveyance of the
lands of the association.
Sec. 14. Minnesota Statutes 1982, section 306.111,
subdivision 2, is amended to read:
Subd. 2. Any three or more lot owners in such cemetery may
issue a mail notice signed by them to all the lot owners known
to them or whose addresses appear in the cemetery records that a
meeting of the lot owners will be held not less than 14 days
after the mailing at a time and place to be fixed by them and
designated in the notice, in the county wherein the cemetery is
situated, for the purpose of filling the vacancies among the
associates. Such notice shall be published at least twice in a
legal newspaper published in the county where the meeting is to
be held, and the time of the meeting shall be not less than ten
days after the second publication thereof.
Sec. 15. Minnesota Statutes 1982, section 306.16,
subdivision 2, is amended to read:
Subd. 2. If the owner of such cemetery lot be a resident
of the county wherein such cemetery is located, then such The
association or any municipally-owned cemetery may cause to be
served upon such owner the owner of the lot, in the manner
prescribed by law for the service of a summons in a civil
action, a notice specifying the amount unpaid for lot care upon
such lot, and specifying a time within which the same must be
paid to the secretary of such association or the proper officer
of the municipally-owned cemetery, which time shall not be less
than 30 days from the date of the service of the notice, and
further specifying that, upon the failure of the owner of the
lot to pay the amount specified in the notice within the time of
aforesaid, the association or municipally-owned cemetery will
take the necessary steps to reinvest itself with the title to
the portion of such cemetery lot not actually used for burial
purposes. Upon the failure of the owner of the lot to pay the
amount within the time specified in the notice, the board of
trustees of any such cemetery may, by resolution duly adopted at
any regular meeting of the board of trustees, set forth the
failure to pay the charges for lot care, the service of the
notice prescribed herein, and declare such portion of the lot
unused for burial purposes, describing the same by metes and
bounds in such resolution, to be the property of the association
or such municipally-owned cemetery.
Sec. 16. Minnesota Statutes 1982, section 306.21,
subdivision 1, is amended to read:
Subdivision 1. [LOTS CONVEYED AND ABANDONED.] In all cases
where a duly incorporated association has owned a site for a
cemetery for more than 40 years and has during that period sold
lots and parcels for burial purposes, and has, conveyed cemetery
lots or parcels by deed of conveyance with or without
restrictions contained therein and the grantee therein, or
parties claiming through such grantee, (a) for more than 75
years in counties having a population over 50,000 according to
the 1960 federal decennial census, and 50 years in all other
counties, have not used portions of such lots or parcels for the
purposes of burial and during said time have not made provision
for care of said lots beyond that provided uniformly to all lots
within the cemetery, and during said time have not given to said
corporation a written notice of claim or interest in such lots
or parcels, or (b) have not used portions of such lots or
parcels for the purposes of burial and have not kept such lots
or plots free of weeds or brush but have allowed the same to
remain entirely unimproved for more than 20 years, and such lots
or parcels are situate in such portion of the cemetery that they
adjoin or are adjacent to improved parts of such cemetery and by
reason of their unimproved condition detract from the appearance
of such cemetery and interfere with its harmonious improvement
and furnish a place for the propagation of growth of weeds and
brush, such corporation may, by resolution of its governing
board, demand of such owners or holders (a) that they file with
the corporation a written notice of claim or interest in and to
said lots or parcels supported by satisfactory evidence thereof
within 60 days after the service of a copy of such resolution of
demand, or (b) that they keep the premises clear of weeds and in
a condition in harmony with other plots adjoining, and serve a
copy of such resolution upon such party or parties, if they can
be found in such county, and if the sheriff of the county make
return upon such resolution that such parties, or any of them,
cannot be found in this county, then the resolution may be
served upon the parties so absent from the county by publication
thereof for three successive weeks in a legal newspaper
published in the county and mailing a copy thereof within 14
days after the third publication to the last known address of
each such party as the same appears on the records of the
corporation in the same manner as a complaint in a civil action.
Sec. 17. Minnesota Statutes 1982, section 307.06, is
amended to read:
307.06 [TRANSFER TO ASSOCIATION; HOW EFFECTED.]
Any private cemetery established, platted, and recorded
under the laws of this state may consolidate with and transfer
its property, for cemetery purposes only, to any cemetery
association or corporation organized under the laws of this
state which is contiguous to, or adjacent to, such cemetery
corporation.
To so consolidate and transfer its property it shall be
necessary:
(1) that a resolution be passed by a two-thirds vote of the
lot owners and members of such private cemetery, represented,
present, and voting at a special meeting called for that
purpose, which resolution shall recite with what cemetery
corporation or association it is proposed to consolidate with
and transfer its property to, and the terms and conditions
thereof; and 30 days' notice of such meeting shall be previously
given by mail to each lot owner of such private cemetery whose
address can be determined using reasonable diligence of the time
and place when such meeting is to be held, reciting the purpose
thereof, which notice shall be signed by at least five lot
owners, and shall be served by publication, by publishing for
three successive weeks, once in each week, in some daily or
weekly newspaper published in the county where such private
cemetery is situated; and
(2) that the resolution shall be signed and acknowledged by
the presiding officer and secretary of such meeting and shall be
filed with the county recorder of the county in which the
private cemetery is situated.
Sec. 18. Minnesota Statutes 1982, section 315.25, is
amended to read:
315.25 [ANNUAL MEETING, NOTICE OF, PLACE.]
Any such corporation, the membership of which in part
resides in other states, may hold its annual meetings at such
points outside the state as it may, from time to time, designate
at a previous annual meeting, or it may authorize its president
to designate such place. At least three months before the time
of such annual meeting notice of such time and place shall be
given by publication in the recognized organ of such
corporation, if it has one; otherwise, by publication in at
least two papers of general circulation published at the capital
of the state other notice appropriate to inform the membership.
Sec. 19. Minnesota Statutes 1982, section 326.18, is
amended to read:
326.18 [BOARD, DUTIES, OFFICERS, EXAMINATIONS.]
A majority of the board constitutes a quorum. The board
shall elect one of its number as chairman, another as
vice-chairman, and another as secretary and treasurer, who shall
hold their respective offices for a term of one year and until
their successors are elected. The affirmative vote of a
majority of members of the board is considered the action of the
board. The board shall enforce the standard of general
education; the standard of special education in the science and
art of accounting; the standard of good character and general
public experience, as prescribed in sections 326.165 to 326.23,
in all examinations conducted thereunder. The board shall make
rules for the conduct of applicants' examinations and the
character and scope of the examinations, the method and time of
filing applications for examinations and their form and
contents, and all other rules and regulations proper to carry
into effect the purposes of sections 326.165 to 326.23. The
board may make use of all or any part of the uniform certified
public accountant examination and advisory grading service
provided by the American Institute of Certified Public
Accountants if it deems it appropriate to assist it in
performing its duties. These examinations shall be conducted by
the board of accountancy. The time and place of holding
examinations shall be advertised for not less than three
consecutive days in one daily newspaper published in each of the
counties where the examinations are to be held, and not less
than 60 days prior to the date of each examination. The
examinations shall take place as often as may be convenient in
the opinion of the board. The board may make rules necessary to
implement and enforce sections 326.165 to 326.23, and 214.12,
including but not limited to rules of professional conduct,
pertaining to individuals, partnerships and corporations
practicing public accounting which it deems consistent with or
required by the public welfare and rules of continuing education
to be met by persons licensed under sections 326.165 to 326.23.
The board shall keep records of its proceedings, an
accurate list of all applications made, licenses and
certificates issued, and licenses and certificates revoked, and
shall keep proper financial records in which there shall be
entered a complete statement of the cash receipts and
disbursements. The board shall issue to each person who
satisfies the examination requirements of section 326.19,
subdivision 1, a certified public accountant certificate and
shall maintain a record of that issuance. The board shall issue
a license as a certified public accountant to each holder of a
certified accountant certificate who satisfies the experience
requirements for a license as a certified public accountant or
to a person who has been issued a certified public accountant
certificate under section 326.19, subdivision 3. The board
shall maintain a record of the issuance. It shall adopt and
provide itself with a seal with a band inscribed "Certified
Public Accountant, State of Minnesota," with the coat of arms of
Minnesota in the center, which seal shall be affixed to each
certificate of certified public accountant issued under sections
326.17 to 326.23. The board shall issue to each person who
qualifies for a license under sections 326.17 to 326.23 as a
licensed public accountant a certificate as a licensed public
accountant and shall maintain a record of that issuance. It
shall adopt and provide itself with a seal with a band inscribed
"Licensed Public Accountant, State of Minnesota," with the coat
of arms of Minnesota in the center, which seal shall be affixed
to each certificate of the licensed public accountant, issued
under sections 326.17 to 326.23. All records of the board shall
be open to the inspection of the public at the office of its
secretary.
Sec. 20. [331A.01] [DEFINITIONS.]
Subdivision 1. As used in sections 20 to 30, the terms
defined have the meanings given them except as otherwise
expressly provided or indicated by the context.
Subd. 2. "Known office of issue" means the principal
office maintained by the publisher or managing officer during a
newspaper's regular business hours to gather news and sell
advertisements and subscriptions, whether or not printing or any
other operations of the newspaper are conducted at or from the
office, and devoted primarily to business related to the
newspaper. A newspaper may have only one known office of issue.
Subd. 3. "Local public corporation" means a county,
municipality, school district, or any other local political
subdivision or local or area district, commission, board, or
authority.
Subd. 4. "Municipality" means a home rule charter or
statutory city or town.
Subd. 5. "Newspaper" means a publication issued regularly
by the same person, corporation, or his or its successor,
whether the name of the publication is the same or different.
Subd. 6. "Proceedings" means the substance of all official
actions taken by the governing body of a local public
corporation at any regular or special meeting, and at minimum
includes the subject matter of a motion, the persons making and
seconding a motion, the roll call vote on a motion, the
character of resolutions or ordinances offered, including a
brief description of their subject matter, and whether defeated
or adopted.
Subd. 7. "Public notice" means every notice required or
authorized by law or by order of a court to be published by a
qualified newspaper, and includes:
(a) every publication of laws, ordinances, resolutions,
financial information, and proceedings intended to give notice
in a particular area;
(b) every notice and certificate of election, facsimile
ballot, notice of referendum, notice of public hearing before a
governmental body, and notice of meetings of private and public
bodies required by law; and
(c) every summons, order, citation, notice of sale or other
notice which is intended to inform a person that he may or shall
do an act or exercise a right within a designated period or upon
or by a designated date.
(d) this subdivision contains no independent requirement
for the publication of any public notice.
Subd. 8. "Qualified newspaper" means a newspaper which
complies with all of the provisions of section 21. The
following terms, when found in laws referring to the publication
of a public notice, shall be taken to mean a qualified
newspaper: "qualified legal newspaper," "legal newspaper,"
"official newspaper," "newspaper," and "medium of official and
legal publication."
Subd. 9. "Secondary office" means an office established by
a newspaper in a community other than that in which its known
office of issue is located, in the same or an adjoining county,
to enhance its coverage of and service to that community, open
on a regular basis to gather news and sell advertisements and
subscriptions, whether or not printing or any other operations
of the newspaper are conducted at or from the office, and
devoted primarily to business related to the newspaper.
Subd. 10. "Summary" means an accurate and intelligible
abstract or synopsis of the essential elements of proceedings,
ordinances, resolutions, and other official actions. It shall
be written in a clear and coherent manner, and shall, to the
extent possible, avoid the use of technical or legal terms not
generally familiar to the public. When a summary is published,
the publication shall clearly indicate that the published
material is only a summary and that the full text is available
for public inspection at a designated location. A summary
published in conformity with this section shall be deemed to
fulfill all legal publication requirements as completely as if
the entire matter which was summarized had been published. No
liability shall be asserted against the local public corporation
in connection with the publication of a summary or agenda.
Sec. 21. [331A.02] [REQUIREMENTS FOR A QUALIFIED
NEWSPAPER.]
Subdivision 1. [QUALIFICATION.] No newspaper in this state
shall be entitled to any compensation or fee for publishing any
public notice unless it is qualified as a medium of official and
legal publication. To be qualified as a medium of official and
legal publication, a newspaper shall:
(a) Be printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at
least 1,000 square inches;
(b) If a daily, be distributed at least five days each
week, or if not a daily, be distributed at least once each week,
for 50 weeks each year. In any week in which a legal holiday is
included, not more than four issues of a daily paper are
necessary;
(c) In at least half of its issues each year, have no more
than 75 percent of its printed space comprised of advertising
material and paid public notices. In all of its issues each
year, have 25 percent, if published more often than weekly, or
50 percent, if weekly, of its news columns devoted to news of
local interest to the community which it purports to serve. Not
more than 25 percent of its total nonadvertising column inches
in any issue may wholly duplicate any other publication unless
the duplicated material is from recognized general news services;
(d) Be circulated in the local public corporation which it
purports to serve, have at least 500 copies regularly delivered
to paying subscribers and either have entry as second class
matter in its local post office or have at least 500 copies
regularly distributed without charge to local residents;
(e) Have its known office of issue established in either
the county in which lies, in whole or in part, the local public
corporation which the newspaper purports to serve, or in an
adjoining county;
(f) File a copy of each issue immediately with the state
historical society;
(g) Be made available at single or subscription prices to
any person, corporation, partnership, or other unincorporated
association requesting the newspaper and making the applicable
payment, or be distributed without charge to local residents;
(h) Have complied with all the foregoing conditions of this
subdivision for at least one year immediately preceding the date
of the notice publication;
(i) The newspaper must before January 1 of each year
publish and submit to the secretary of state a sworn United
States Post Office second-class statement of ownership and
circulation or a statement of ownership and circulation verified
by a recognized independent circulation auditing agency.
Subd. 2. [EARLIER QUALIFICATION.] Newspapers which have
been qualified, on May 20, 1965, as mediums of official and
legal publication shall remain qualified only if they meet the
requirements of subdivision 1, except as follows:
(a) If on May 20, 1965, any newspaper is a qualified medium
of official and legal publication but is printed in a foreign
language, or in English and a foreign language, and otherwise
qualifies as a medium of official and legal publication pursuant
to the requirements of subdivision 1, it shall be a medium of
official and legal publication so long as it otherwise qualifies
pursuant to the requirements of subdivision 1.
(b) If on May 20, 1965, any newspaper has been circulated
in and near the municipality which it purports to serve to the
extent of at least 240 but less than 500 copies regularly
delivered to paying subscribers and otherwise qualifies as a
medium of official and legal publication pursuant to the
requirements of subdivision 1, it shall be a medium of official
and legal publication so long as at least 240 copies are
regularly so circulated and delivered and it otherwise qualifies
pursuant to the requirements of subdivision 1.
Subd. 3. [PUBLICATION; SUSPENSION; CHANGES.] The following
circumstances shall not affect the qualification of a newspaper,
invalidate an otherwise valid publication, or invalidate a
designation as official newspaper for publication of county
board proceedings.
(a) Suspension of publication for a period of not more than
three consecutive months resulting from the destruction of its
known office of issue, equipment, or other facility by the
elements, unforeseen accident, or acts of God or by reason of a
labor dispute.
(b) The consolidation of one newspaper with another
published in the same county, or a change in its name or
ownership, or a temporary change in its known office of issue.
(c) Change of the day of publication, the frequency of
publication, or the change of the known office of issue from one
place to another within the same county. Except as provided in
this subdivision, suspension of publication, or a change of
known office of issue from one county to another, or failure to
maintain its known office of issue in the county, shall deprive
a newspaper of its standing as a medium of official and legal
publication until the newspaper again becomes qualified pursuant
to subdivision 1.
Subd. 4. [DECLARATORY JUDGMENT OF LEGALITY.] Any person
interested in the standing as a medium of official and legal
publication of a newspaper, may petition the district court in
the county in which the newspaper has its known office of issue
for a declaratory judgment whether the newspaper is qualified as
a medium of official and legal publication. Unless filed by the
publisher, the petition and summons shall be served on the
publisher as in other civil actions. Service in other cases
shall be made by publication of the petition and summons once
each week for three successive weeks in the newspaper or
newspapers the court may order and upon the persons as the court
may direct. Publications made in a newspaper after a judgment
that it is qualified but before the judgment is vacated or set
aside shall be valid. Except as provided in this subdivision,
the uniform declaratory judgments act and the rules of civil
procedure shall apply to the action.
Sec. 22. [331A.03] [WHERE NOTICE PUBLISHED.]
A public notice shall be published in a qualified
newspaper, and except as otherwise provided by law, in one that
is likely to give notice in the affected area or to whom it is
directed. When a statute or other law requires publication in a
newspaper located in a designated municipality or area and no
qualified newspaper is located there, publication shall be made
in a qualified newspaper likely to give notice unless the
particular statute or law expressly provides otherwise. If no
qualified newspaper exists, then publication is not required.
Sec. 23. [331A.04] [DESIGNATION OF A NEWSPAPER FOR
OFFICIAL PUBLICATIONS.]
Subdivision 1. The governing body of any local public
corporation, when authorized or required by statute or charter
to designate a newspaper for publication of its official
proceedings and public notices, shall designate a newspaper
which is a qualified medium of official and legal publication in
the following priority.
Subd. 2. If there are one or more qualified newspapers,
the known office of issue of which are located within the local
public corporation, one of them shall be designated.
Subd. 3. When no qualified newspaper has a known office of
issue located in the local public corporation, but one or more
qualified newspapers maintain a secondary office there, one of
them shall be designated.
Subd. 4. When no qualified newspaper has its known office
of issue or a secondary office located within the local public
corporation, then a qualified newspaper of general circulation
there shall be designated.
Subd. 5. If a local public corporation is without an
official newspaper, or if the publisher refuses to publish a
particular public notice, matters required to be published shall
be published in a newspaper designated as provided in
subdivision 4. The governing body of a local public corporation
with territory in two or more counties may, if deemed in the
public interest, designate a separate qualified newspaper for
each county.
Sec. 24. [331A.05] [FORM OF PUBLIC NOTICES.]
Subdivision 1. All public notices shall be printed or
otherwise disseminated in the English language.
Subd. 2. Unless otherwise specified by a particular
statute, or by order of a court, publication of a public notice
shall be as follows:
(a) the notice shall be published once;
(b) if the notice is intended to inform the public about a
future event, the last publication shall occur not more than 14
days and not less than seven days before the event;
(c) if the notice is intended to inform the public about a
past action or event, the last publication shall occur not more
than 45 days after occurrence of the action or event.
Subd. 3. Except as otherwise directed by a particular
statute requiring publication of a public notice, a public
notice shall be printed in a type face no smaller than six point
with a lower case alphabet of 90 point. Larger type faces may
be used.
Subd. 4. Every public notice shall include a title or
caption in a body type no smaller than brevier or eight point
referring to the content of the notice. Larger type faces may
be used.
Subd. 5. The governing body of a local public corporation
may, to better inform the public, increase the frequency of
publication of a public notice beyond the minimum required by a
particular statute. It may use forms and styles for the notice
as it deems appropriate, including the use of display
advertisements and graphics. It may publish or disseminate the
notice in other newspapers in addition to the newspaper required
to be designated under section 23. Regardless of whether a
particular statute specifies "legal notice," "public notice,"
"notice," or uses similar terms, the governing body may use
whatever form for the published notice that it deems appropriate
in order to adequately inform the public, subject to the
requirements of sections 20 to 30. Nothing in the foregoing
provisions of this subdivision shall require the governing body
of a local public corporation to use the options described.
Subd. 6. Nothing in this section shall invalidate or
affect any statutory or charter provision imposing additional or
special qualifications for publication of particular notices or
proceedings.
Sec. 25. [331A.06] [FEES FOR PUBLICATION.]
Subdivision 1. The maximum rate charged for publication of
a public notice shall not exceed the lowest classified rate paid
by commercial users for comparable space in the newspapers in
which the public notice appears, and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
Subd. 2. Notwithstanding subdivision 1, no newspaper may
increase its rates for publication of public notices by more
than ten percent per year over the maximum rate actually charged
by the newspaper in 1984 for publication of public notices, and
in any case the new rate shall not exceed the rate described in
subdivision 1 of this section. Nothing in this section shall be
interpreted to mean that such an increase is required.
Subd. 3. When the governing board of a local public
corporation awards a contract for the publication of public
notices based on competitive bidding, the rate established by
the competitive bidding shall be the rate charged for
publication of the public notices.
Subd. 4. When a statute refers to publication of a public
notice at the legal rate or at the rate provided in section
331.08, the maximum rate shall be as provided in this section.
Sec. 26. [331A.07] [AFFIDAVIT OF PUBLICATION.]
No compensation shall be recoverable for publishing legal
or official matter in any newspaper not qualified, until there
is filed with the county auditor the affidavit of a person
having knowledge of the facts, showing the name and location of
the newspaper and the existence of conditions constituting its
qualifications as a qualified newspaper as set forth in section
21. If the matter published relates to proceedings in another
county, a like affidavit must be filed with its auditor. The
affidavit, if it states the required facts, shall be prima facie
evidence of them and of the qualification. No compensation
shall be recoverable for publishing legal or official matter in
any newspaper unless the bill is accompanied by an affidavit of
the publisher, or printer in charge, of the newspaper having
knowledge of the facts, setting forth the fact that the
newspaper has complied with all the requirements to consititute
a legal newspaper. The affidavit must set forth the dates of
the month and year and the day of the week upon which the legal
or official matter was published in the newspaper. The
affidavit must also include the publisher's lowest classified
rate paid by commercial users for comparable space, as
determined pursuant to section 25, the maximum charge allowable
by law for the publication of the specific legal or official
matter in question, and the rate actually charged for that
publication.
Sec. 27. [331A.08] [COMPUTATION OF TIME.]
Subdivision 1. The time for publication of public notices
shall be computed to exclude the first day of publication and
include the day on which the act or event, of which notice is
given, is to happen or which completes the full period required
for publication.
Subd. 2. The time within which an act is to be done or
proceeding had or taken, as prescribed by the rules of
procedure, shall be computed by excluding the first day and
including the last. If the last day is Sunday or a legal
holiday the party shall have the next secular day in which to do
the act or take the proceeding.
Sec. 28. [331A.09] [PUBLICATION ON SUNDAY.]
Any public notice may be printed in a newspaper published
on Sunday, and the publication is a lawful publication and a
full compliance with the order of the court or officer ordering
the publication. Any notice that, by law or the order of any
court, is required to be published for any given number of weeks
may be published on any day in each week or the term, and if
published as many weeks and as many times in each week as
required by the law or order, it is a lawful publication.
Sec. 29. [331A.10] [CHANGE OF NAME OR DISCONTINUANCE OF
NEWSPAPER.]
Subdivision 1. When a legal notice is required or ordered
to be published in a particular newspaper and the name of the
newspaper is changed before the publication is completed, the
publication shall be made or continued in the newspaper under
its new name with the same effect as if the name had not been
changed. The proof of the publication, in addition to other
requirements, shall state the change of name and specify the
period of publication in the newspaper under each name.
Subd. 2. When a newspaper ceases to be published before
the publication of a public notice is commenced, or when
commenced ceases before the publication is completed, the order
for publication, when one is required in the first instance, may
be amended by order of the court or judge, to designate another
newspaper, as may be necessary. If no order is required in the
first instance, publication may be made or completed in any
other qualified newspaper. Any time during which the notice is
published in the first newspaper shall be calculated as a part
of the time required for the publication, proof of which may be
made by affidavit of any person acquainted with the facts.
Sec. 30. [331A.11] [APPLICATION.]
Subdivision 1. Sections 20 to 30 apply to all
municipalities and local public corporations.
Subd. 2. Sections 20 to 30 do not apply to notices
required by private agreements or local laws to be published in
newspapers, unless they refer to sections 20 to 30, or
particular provisions of sections 20 to 30.
Sec. 31. Minnesota Statutes 1982, section 346.02, is
amended to read:
346.02 [FINDER TO GIVE NOTICE; PENALTY.]
Every finder of an estray, within seven days thereafter,
shall notify the owner thereof, if to him known, and request him
to pay all reasonable charges and take such estray away; but, if
such owner be to him unknown, he shall within ten days file a
notice with the town clerk. The clerk shall transmit a copy
thereof to the county recorder, who shall record the same in a
book designated "estray book." If the estray is of less value
than $5, The finder shall give posted notice thereof of the
finding of the estray in said town, but, if the value exceeds
$5, he shall give four weeks' published notice thereof. The
notice shall briefly describe the estray, giving its marks,
natural and artificial, as nearly as practicable, naming the
residence of the finder, and specifying the town, section, and
time when taken up. For failure to give such notice, the finder
shall be liable to the owner of the estray in double the amount
of damages sustained by him thereby.
Sec. 32. Minnesota Statutes 1982, section 370.04, is
amended to read:
370.04 [RECORD PETITION; PUBLISH NOTICE.]
Upon issuance of the proclamation, the secretary of state
shall record the petitions, affidavits, and proclamation, and
shall cause three weeks' published notice of the proclamation to
be given at the county-seat of each county whose territory will
be affected by the proposed change, and shall also transmit a
certified copy of the proclamation, by mail, to the auditor of
each county.
Sec. 33. Minnesota Statutes 1982, section 370.07, is
amended to read:
370.07 [CANVASS; PROCLAMATION; SECRETARY OF STATE; AUDITOR;
NOTICE TO COUNTY COMMISSIONERS.]
The state canvassing board shall canvass such returns at
the time of canvassing the votes cast for state officers, and in
the same manner; and it may resort to the returns received from
the election judges for the correction of errors in the returns
of the county canvassing board, and for supplying omissions
therein. When the canvass is completed, the board shall make
and file with the secretary of state its certificate declaring
the result of the vote; and, if the certificate shows that the
proposition has received a majority of the votes cast thereon in
each county to be affected thereby, and also has received a
majority of the votes cast thereon in the territory forming the
proposed new county, if the proposition was for the
establishment of a new county, the governor, within ten days
thereafter, shall issue his proclamation declaring the same
adopted. The secretary of state shall record the certificate
and proclamation in his office, and transmit a certified copy of
the proclamation to the auditor of each county whose territory
is affected thereby. The auditor shall cause three weeks'
published notice thereof to be given, and, if the proposition
was for the establishment of a new county, shall serve a
certified copy thereof on each of the persons elected as county
commissioners of the new county. The proclamation shall also be
published with the general laws enacted at the next session of
the legislature thereafter.
Sec. 34. Minnesota Statutes 1982, section 371.04, is
amended to read:
371.04 [NOTICE OF PROCLAMATION.]
Upon the issuing of the proclamation the secretary of state
shall record the petitions, affidavits, and proclamation, and
shall cause three weeks' published notice of the proclamation to
be given in the county-seat of each county affected thereby, and
shall transmit a certified copy of the proclamation, by mail, to
the auditor of each county.
Sec. 35. Minnesota Statutes 1982, section 372.02, is
amended to read:
372.02 [FORM OF NOTICE.]
When the order is filed the auditor shall forthwith make,
seal, subscribe, and file in his office a notice substantially
in the following form: "To the legal voters of the county of
(here name the county), Minnesota: Notice is hereby given that
a petition is on file in my office, signed by legal voters of
the county to the number of (here state number as shown by the
petition and affidavits), praying that the county-seat of the
county be changed to (here designate the place), and that a
special meeting of the county board will be held at (name the
place of meeting), on the (state time), to consider the
petition, at which time and place any legal voter of the county
may appear, in person or by counsel, and be heard." The auditor
shall cause two weeks' published notice of the meeting to be
given in all the newspapers of the county and ten days' posted
notice thereof of the meeting to be given in each town therein.
Proof of publication and posting may be by the affidavit of any
person having personal knowledge thereof, which affidavit shall
be filed in the office of the auditor, and thereafter be prima
facie evidence of the truth of the facts therein set forth. Two
weeks' published posted notice of the intention to circulate
such petition shall be given in one or more newspapers of the
county, and two weeks' posted notice of such intention shall be
given at the county-seat. Proof of the publication and posting
shall be made in like manner as in the case of notice of the
special meeting of the board.
Sec. 36. Minnesota Statutes 1982, section 372.08, is
amended to read:
372.08 [CANVASS; CERTIFICATE OF CANVASSING BOARD.]
When the canvass is completed the canvassing board shall
forthwith make, subscribe, and file with the auditor a
certificate setting forth the total number of votes cast at the
election, the number cast in each election district in favor of
and against the change, and the majority in each for or against
the same, the number cast in favor of and against the change in
the county, and the majority therein for or against the same.
If 55 percent of all the votes cast at the election shall be in
favor of the change, the board shall give two weeks' published
notice of the result in all the newspapers of the county. The
notice shall state that from and after a date specified therein,
which shall be set a date not less than 60 nor more than 90 days
after the election, after which the place so chosen shall be the
county-seat.
Sec. 37. Minnesota Statutes 1982, section 374.13, is
amended to read:
374.13 [TO ADVERTISE FOR BIDS.]
Upon the completion of such plans and specifications and
their approval or adoption by the city council and the board of
county commissioners, the commission shall proceed to advertise
for, after notice appropriate to inform possible bidders, obtain
bids or proposals for all or any portion of the work or
materials, or both, to be done, performed, or furnished in the
construction of the building. The advertisement for bids or
proposals shall be published in the official newspaper of such
city, if there be one, and, if not, in any newspaper published
in such county to be selected by the commission, and may be
published in such other newspapers or publications, either
within or without the state, as the commission may deem
advisable, and shall be published for such length of time as the
commission may determine. All bids or proposals shall be sealed
by the bidders or proposers and shall be filed with the
commission at or before the time specified in such advertising
for the opening of bids or proposals. At the time and place
specified in the advertisement for the opening of bids or
proposals, the commission shall meet, open the bids or
proposals, and tabulate the same, and shall thereupon award the
contract or contracts to the responsible bidder whose bid or
proposal is the most favorable to the city or county, or reject
all bids and proposals. In the event all bids or proposals are
rejected, the commission may readvertise for, after similar
notice, obtain more bids or proposals or may modify or change
the plans and specifications and submit such modified plans and
specifications to the city council and the board of county
commissioners for approval, and when such modified or changed
plans and specifications are satisfactory to both the city
council and the board of county commissioners, the plans and
specifications shall be returned to the commission and the
commission shall proceed to again advertise for, after similar
notice, obtain bids or proposals in the manner hereinbefore
provided. Any such contract awarded by the commission shall be
subject to approval by the city council and the board of county
commissioners.
Sec. 38. Minnesota Statutes 1982, section 374.34, is
amended to read:
374.34 [ADVERTISEMENT FOR BIDS.]
Upon the completion of such plans and specifications and
their approval or adoption by the commission, the commission
shall proceed to advertise for, after notice appropriate to
inform possible bidders, obtain bids or proposals for all or any
portion of the work or materials, or both, to be done, performed
or furnished in the construction of the building. The
advertisement for bids or proposals shall be published in the
official newspaper of such city, if there be one, and in the
official newspaper of such county, and may be published in such
other newspapers or publications, either within or without the
state, as the commission may deem advisable, and shall be
published for such length of time as the commission may
determine. All bids or proposals shall be sealed by the bidders
or proposers and shall be filed with the commission at or before
the time specified in such advertising for the opening of bids
or proposals, at which time the commission shall meet, open the
bids or proposals and tabulate the same, and shall thereupon
award the contract or contracts to the responsible bidder whose
bid or proposal is the most favorable, or reject all bids and
proposals. In the event all bids or proposals are rejected, the
commission may re-advertise for, after similar notice, obtain
more bids or proposals or may modify or change the
specifications, and shall proceed to again advertise for, after
similar notice, otain more bids or proposals in the manner
hereinbefore provided.
Sec. 39. Minnesota Statutes 1982, section 375.025,
subdivision 4, is amended to read:
Subd. 4. [REDISTRICTING PLAN; ELECTION FOLLOWING
REDISTRICTING.] A redistricting plan whether prepared by the
county board or the redistricting commission shall be filed in
the office of the county auditor. Notice that the plan is on
file shall be published in the newspaper having the contract for
publishing the commissioners' proceedings for the current year.
A redistricting plan shall be effective on the 31st day after
publication of the notice filing unless a later effective date
is specified; provided, no redistricting plan shall be effective
as to the next election of county commissioners unless the plan
shall have been filed with the county auditor not less than 30
days before the first date candidates may file for the office of
county commissioner. One commissioner shall be elected in each
district who, at the time of the election, shall be a resident
thereof and the person so elected shall be entitled to hold the
office only while he remains a resident of the commissioner
district. The county board or the redistricting commission as
appropriate shall determine the number of members of the county
board who shall be elected for two year terms and for four year
terms in order to provide for staggered terms on the county
board. Thereafter, all commissioners shall be elected for four
years. When a county is redistricted, there shall be a new
election of commissioners in all the districts of the county at
the next general election except that where the change made in
the boundaries of a district is less than 10 percent of the
average of all districts of the county, the commissioner in
office at the time of the redistricting shall serve for the full
period for which he was elected.
Sec. 40. Minnesota Statutes 1982, section 375.12, is
amended to read:
375.12 [PUBLICATION OF PROCEEDINGS.]
Subdivision 1. The county board shall cause the official
proceedings of its sessions to be published in some a qualified
newspaper produced and published in its of general circulation
in the county, which publication shall be let annually by
contract to the lowest bidder, at the first regular session of
the board in January each year. The board may elect to publish
all or any part of the official proceedings; provided that in
the case of partial publication, the published proceedings shall
indicate in what respect they are incomplete If the county board
determines that publication of a summary of the proceedings
would adequately inform the public of the substance of the
proceedings, the county board may direct that only a summary be
published, conforming to the requirements of section 20,
subdivision 10. In each county whose population exceeds
600,000, the proceedings shall be published in a daily
newspaper. The board may reject any offer if, in its judgment,
the public interests so require, and may thereupon designate a
newspaper without regard to any rejected offer. In any county
whose population exceeds 50,000, and is less than 250,000, the
proceedings may be published in one daily and one weekly
newspaper at their respective county seats. If the official
newspaper of the county shall cease to exist for any reason,
except by consolidation with another newspaper, the county board
shall have authority to designate another newspaper for the
remainder of the year. For the purpose of this section, a
newspaper is produced and published in the county if it has in
the county its known office of issue, as such term is defined in
section 331.02, and if it does its typographic composition or
presswork or both in the county. The publication shall occur
within 30 days of the meeting to which the proceedings relate.
Subd. 2. Individualized itemized accounts, claims or
demands allowed by the county board pursuant to section 471.38,
subdivision 1, need not be published pursuant to subdivision 1,
provided that the amount allowed from each claim is $100 or
less. The official proceedings following the itemization of
accounts required shall contain a statement showing the total
number of claims that did not exceed $100, and the total dollar
amount of those claims.
Sec. 41. [375.169] [PUBLICATION OF SUMMARY BUDGET
STATEMENT.]
Annually, upon adoption of the county budget, the county
board shall cause a summary budget statement to be published in
the official newspaper of the county, or if there is none, in a
qualified newspaper of general circulation in the county. The
statement shall contain information relating to anticipated
revenues and expenditures in a form prescribed by the state
auditor. The form prescribed shall be designed so that
comparisons can be made between the current year and the budget
year. A note shall be included that the complete budget is
available for public inspection at a designated location within
the county.
Sec. 42. Minnesota Statutes 1982, section 375.17, is
amended to read:
375.17 [PUBLICATION OF FINANCIAL STATEMENTS.]
Annually, not later than the first Tuesday after the first
Monday in March, the county board shall make a full and accurate
statement of the receipts and expenditures of the preceding
year, which shall contain a statement of the assets and
liabilities, a summary of receipts, disbursements, and balances
of all county funds together with a detailed statement of each
fund account, under the form and style prescribed by and on file
with the state auditor, which prescribed form and any changes or
modifications thereof shall so far as practical be uniform for
all counties and shall be approved by the attorney general and
the state printer and within 30 days thereafter before June 1
shall cause the same to be published for one issue in some
newspaper within the county, which newspaper must be a duly
qualified legal newspaper, as provided by law. The county board
may also refrain from publishing an itemized account of amounts
paid out, to whom and for what purpose to the extent that the
published proceedings of the county board contain such
information, provided that all disbursements aggregating $5,000
or more to any person are set forth in a schedule of major
disbursements showing amounts paid out, to whom and for what
purpose and are made a part of, and published with, the
financial statement. The county board may refrain from
publishing the names and amounts of salaries and expenses paid
to employees but shall publish the totals of disbursements for
salaries and expenses. The county board may refrain from
publishing the names of persons receiving poor relief or direct
relief and the amounts paid to each, but the totals of the
disbursements for such purposes must be published. In addition
to the publication thereof in the newspaper designated by the
board as the official newspaper for publication of the financial
statement, the same shall be published in one other newspaper of
the county, if there be one located of general circulation in a
different municipality in the county than the official
newspaper. The county board shall call for separate bids for
each publication. Insofar as any provision of this section is
inconsistent with the provisions of section 393.07, the
provisions of that section shall prevail.
Sec. 43. Minnesota Statutes 1982, section 375.51,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION.] Every ordinance enacted by a
county board shall be published at least once as part of the
proceedings of the meeting at which the ordinance was enacted.
Publication shall be made in the official newspaper of the
county but additional publications, either in the official
newspaper or other newspaper, may be ordered. An ordinance may
be published in its entirety, or otherwise as hereinafter
provided.
To the extent of the authority described in subdivision 1
of this section, a county may incorporate in an ordinance by
reference any statute of Minnesota, any administrative rule or
regulation of any department of the state of Minnesota affecting
the county, or any code. The term "code" as used herein means
any compilation of regulations or standards or parts thereof
prepared by any governmental agency or any trade or professional
association for general distribution in printed form as a
standard or model on the subject of building construction,
plumbing, electric wiring, inflammable liquids, sanitary
provisions, public health, safety, or general welfare.
In the case of lengthy ordinances, or ordinances which
include charts or maps, the ordinance need not be published in
its entirety if the title of the ordinance and a summary of the
ordinance conforming to section 20, subdivision 10, is included
in the publication of the proceedings of the meeting at which
the ordinance was enacted, with notice that a printed copy of
the ordinance is available for inspection by any person during
regular office hours at the office of the county auditor. In
such case and in the case a statute, administrative rule or
regulation or a code is adopted by reference, all requirements
of statute for the publication of ordinances shall be satisfied
if the summary of the ordinance or the ordinance incorporating
the statute, regulation, ordinance or code is published in the
required manner and if, prior to such publication, at least one
copy of the entire ordinance or of the statute, rule, regulation
or code are marked as the official copy and filed for use and
examination by the public in the office of the county auditor.
Provisions of the entire ordinance or of the statute, rule,
regulation or code thus incorporated in such ordinance by
reference shall be as much a part of the ordinance as if they
had been set out in full therein.
Sec. 44. Minnesota Statutes 1982, section 375.52, is
amended to read:
375.52 [REVISION AND CODIFICATION.]
Any county may revise and codify and print in book,
pamphlet or newspaper form any general and special laws,
ordinances, resolutions and rules in force in the county. Such
codification shall be a sufficient publication of any ordinance
included in it and not previously published in a newspaper if a
substantial quantity of the codification is printed for general
distribution to the public. A notice that copies of the
codification are available in the office of the county auditor
shall be published in the official county newspaper for at least
two successive weeks. The county board is authorized to make a
reasonable charge for the cost of printing and distribution of
ordinances or a codification of ordinances.
Sec. 45. Minnesota Statutes 1982, section 383A.27,
subdivision 2, is amended to read:
Subd. 2. [RULES; JOURNAL.] The board shall determine its
own rules and order of business and shall provide for keeping a
journal of its official proceedings. This journal shall be a
public record and shall be published according to Minnesota
Statutes, Section 375.12, in a newspaper having in the county
its own office of issue, as this term is defined in Minnesota
Statutes, Section 331.02, and doing its typographic composition
and presswork in the county.
Sec. 46. Minnesota Statutes 1982, section 412.191,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION OF COUNCIL PROCEEDINGS.] The council
may publish all or any part of the official council proceedings
in the official newspaper. In the case of partial publication,
the published proceedings shall indicate in what respects they
are incomplete after every regular or special meeting shall
publish the official council proceedings, a summary conforming
to section 20, subdivision 10, or a condensed version of the
official minutes which shall include action on motions,
resolutions, ordinances, and other official proceedings. As an
alternative to publication, the city may mail, at city expense,
a copy of the proceedings to any resident upon request. The
publication shall occur within 30 days of the meeting to which
the proceedings relate. Cities with a population of less than
1,000 according to the latest federal census are not required to
comply with this section, but may do so at their discretion.
Sec. 47. Minnesota Statutes 1982, section 412.191,
subdivision 4, is amended to read:
Subd. 4. [ENACTMENT OF ORDINANCES.] Every ordinance shall
be enacted by a majority vote of all the members of the council
except where a larger number is required by law. It shall be
signed by the mayor, attested by the clerk and published once in
the official newspaper. In the case of lengthy ordinances, or
ordinances which include charts or maps, if the city council
determines that publication of the title and a summary of an
ordinance would clearly inform the public of the intent and
effect of the ordinance, the council may by a four-fifths vote
of its members direct that only the title of the ordinance and a
summary be published, conforming to section 20, subdivision 10,
with notice that a printed copy of the ordinance is available
for inspection by any person during regular office hours at the
office of the city clerk and any other location which the
council designates. A copy of the entire text of the ordinance
shall be posted in the community library, if there is one, or if
not, in any other public location which the council designates.
Prior to the publication of the title and summary the council
shall approve the text of the summary and determine that it
clearly informs the public of the intent and effect of the
ordinance. The publishing of the title and summary shall be
deemed to fulfill all legal publication requirements as
completely as if the entire ordinance had been published. The
text of the summary shall be published in a body type no smaller
than brevier or eight-point type, as defined in section 331.07.
Proof of the publication shall be attached to and filed with the
ordinance.
Every ordinance shall be recorded in the ordinance book
within 20 days after publication of the ordinance or its title
and summary. All ordinances shall be suitably entitled and
shall be substantially in the style. "The City Council of
............... ordains:".
Sec. 48. Minnesota Statutes 1982, section 414.09,
subdivision 3, is amended to read:
Subd. 3. [ELECTIONS OF MUNICIPAL OFFICERS.] An order
approving an incorporation or consolidation pursuant to this
chapter shall set a date for this election of new municipal
officers not less than 45 days nor more than 60 days after the
issuance of such order. The board shall appoint an acting clerk
for election purposes, at least three election judges who shall
be residents of the new municipality, and shall designate
polling places within the new municipality.
The acting clerk shall prepare the official election
ballot. Affidavits of candidacy may be filed by any person
eligible to hold municipal office not more than four weeks nor
less than two weeks before the date designated by the board for
the election. At least one week before the first day to file
such affidavits the acting clerk shall publish a notice in a
newspaper qualified as a medium of official publication and of
general circulation within the new municipality stating the
first and last dates on which such affidavits may be filed, the
location of the clerk's office, the clerk's office hours, and
the amount of the filing fee.
The acting clerk shall publish a notice of election in a
newspaper qualified as a medium of official publication and of
general circulation within the new municipality for two
successive weeks immediately prior to the date designated by the
board for the election. The election notice shall state the
purpose, date, and polling places for the election, and shall
state the time the polls shall be open, which time shall be at
least five hours.
The election shall be conducted in conformity with the
charter and the laws for conducting municipal elections insofar
as applicable. Any person eligible to vote at a township or
municipal election within the area of the new municipality, is
eligible to vote at such election.
Any excess in the expense of conducting the election over
receipts from filing fees shall be a charge against the new
municipality; any excess of receipts shall be deposited in the
treasury of the new municipality.
Sec. 49. Minnesota Statutes 1982, section 415.021, is
amended to read:
415.021 [CODIFICATION OF ORDINANCES.]
Any city, however organized, may revise and codify and
print in book, pamphlet or newspaper form, any ordinances,
resolutions, and rules of the city and may include therein for
reference any applicable general or special laws. Such
codification shall be a sufficient publication of any ordinance
included in it and not previously published in a newspaper if a
substantial quantity of the codification is printed for general
distribution to the public. A notice that copies of the
codification are available at the office of the city clerk or
recorder shall be published for at least two successive weeks in
the official newspaper, or, if there is none, in a newspaper of
general circulation in the city.
Sec. 50. Minnesota Statutes 1982, section 429.061,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION; INTEREST.] At such meeting or at any
adjournment thereof the council shall hear and pass upon all
objections to the proposed assessment, whether presented orally
or in writing. The council may amend the proposed assessment as
to any parcel and by resolution adopt the same as the special
assessment against the lands named in the assessment roll.
Notice of any adjournment of the hearing shall be adequate if
the minutes of the meeting so adjourned show the time and place
when and where the hearing is to be continued, or if three days
notice thereof be published in the newspaper.
The council may consider any objection to the amount of a
proposed assessment as to a specific parcel of land at an
adjourned hearing upon further notice to the affected property
owner as it deems advisable. At the adjourned hearing the
council or a committee of it may hear further written or oral
testimony on behalf of the objecting property owner and may
consider further written or oral testimony from appropriate city
officials and other witnesses as to the amount of the
assessment. The council or committee shall prepare a record of
the proceedings at the adjourned hearing and written findings as
to the amount of the assessment. The amount of the assessment
as finally determined by the council shall become a part of the
adopted assessment roll. All objections to the assessments not
received at the assessment hearing in the manner prescribed by
this section are waived, unless the failure to object at the
assessment hearing is due to a reasonable cause.
The assessment, with accruing interest, shall be a lien
upon all private and public property included therein, from the
date of the resolution adopting the assessment, concurrent with
general taxes; but the lien shall not be enforceable against
public property as long as it is publicly owned, and during such
period the assessment shall be recoverable from the owner of
such property only in the manner and to the extent provided in
section 435.19. Except as provided below, all assessments shall
be payable in equal annual installments extending over such
period, not exceeding 30 years, as the resolution determines,
payable on the first Monday in January in each year, but the
number of installments need not be uniform for all assessments
included in a single assessment roll if a uniform criterion for
determining the number of installments is provided by the
resolution. The first installment of each assessment shall be
included in the first tax rolls completed after its adoption and
shall be payable in the same year as the taxes contained therein;
except that the payment of the first installment of any
assessment levied upon unimproved property may be deferred until
a designated future year, or until the platting of the property
or the construction of improvements thereon, upon such terms and
conditions and based upon such standards and criteria as may be
provided by resolution of the council. If special assessments
against the property have been deferred pursuant to this
subdivision, the governmental unit shall file with the county
recorder in the county in which the property is located a
certificate containing the legal description of the affected
property and of the amount deferred. In any event, every
assessment the payment of which is so deferred, when it becomes
payable, shall be divided into a number of installments such
that the last installment thereof will be payable not more than
30 years after the levy of the assessment. All assessments
shall bear interest at such rate as the resolution determines,
not exceeding eight percent per annum, except that the rate may
in any event equal the average annual interest rate on bonds
issued to finance the improvement for which the assessments are
levied. To the first installment of each assessment shall be
added interest on the entire assessment from a date specified in
the resolution levying the assessment, not earlier than the date
of the resolution, until December 31 of the year in which the
first installment is payable, and to each subsequent installment
shall be added interest for one year on all unpaid installments;
or alternatively, any assessment may be made payable in equal
annual installments including principal and interest, each in
the amount annually required to pay the principal over such
period with interest at such rate as the resolution determines,
not exceeding the maximum period and rate specified above. In
the latter event no prepayment shall be accepted under
subdivision 3 without payment of all installments due to and
including December 31 of the year of prepayment, together with
the original principal amount reduced only by the amounts of
principal included in such installments, computed on an annual
amortization basis. When payment of an assessment is deferred,
as authorized in this subdivision, interest thereon for the
period of deferment may be made payable annually at the same
times as the principal installments of the assessment would have
been payable if not deferred; or interest for this period may be
added to the principal amount of the assessment when it becomes
payable; or, if so provided in the resolution levying the
assessment, interest thereon to December 31 of the year before
the first installment is payable may be forgiven.
Sec. 51. Minnesota Statutes 1982, section 430.02,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF HEARING; HEARING; AWARD AND
APPRAISEMENT.] The commissioners shall give notice, by two
publications in the official newspaper of the city in a manner
appropriate to inform the public, that the survey and plat and
the pedestrian mall ordinance, if any, is on file in the office
of the city clerk for the examination of all persons interested
and that they will, on a day designated in this notice, which
shall be at least ten days after the first publication of the
notice, meet at a place designated in the notice on or near the
proposed improvement, and view the property proposed to be taken
or interfered with for the purposes of these improvements, and
ascertain and award therefor compensation and damages, and view
the premises to be benefited by this improvement, and assess
thereon in proportion to benefits, the amount necessary to pay
the compensation and damage and the cost of making the
improvement and that they will then and there hear such
allegations and proofs as interested persons may offer. These
commissioners shall meet and view the premises pursuant to the
notice, and may adjourn, from time to time, and, after having
viewed the premises, may, for the hearing of evidence and
preparation of their award and assessment, adjourn or go to any
other convenient place in the city, and may have the aid and
advice of the city engineer and of any other officer of the
city, and adjourn from time to time. If a pedestrian mall
ordinance is proposed by the council under section 430.011, in
connection with an improvement, the commissioners may consider
the business uses of abutting property affected by such
ordinance and by the improvement to which it relates and the
probable effect which the ordinance and improvement will have on
the value of such property and such uses and shall consider
whether such property has access to some other street or alley
for delivering and receiving merchandise and materials and the
extent to which the use and value of property without such
access will suffer as a result of the adoption of such ordinance
and the making of such improvement. After viewing the premises
and hearing the evidence offered, these commissioners shall
prepare and make a true and impartial appraisement and award of
the compensation and damages to be paid to each person whose
property is to be taken or injured by the making of the
improvement; but if the remainder of the same property, a part
of which only is to be taken or damaged by the improvement,
shall be benefited by the improvement, then the commissioners,
in considering and awarding compensation and damages, shall also
consider, estimate, and offset the benefits which will accrue to
the same owner, in respect to the remainder of the same
property, and award him only the excess of the compensation or
damages over and above these benefits.
Sec. 52. Minnesota Statutes 1982, section 430.02,
subdivision 7, is amended to read:
Subd. 7. [PUBLICATION OF NOTICE OF HEARING.] The
commissioners shall, upon the completion of their report, file
the same with the city clerk and thereupon it shall be the duty
of the city clerk to give notice to all interested parties by
publishing, as soon as possible, in the official newspaper of
the city a notice containing prepare a list of descriptions of
the several lots and parcels of land taken for these proposed
improvements, the amount awarded for the taking of each lot or
parcel, the names of the owner or owners of the same,
descriptions of the several lots or parcels of land upon which
benefits have been assessed, the amount assessed against each
lot or parcel and the names of the owner or owners of the same
the names of all owners referred to herein to be obtained from
the commissioners, and, so far as may be necessary, from the
records in the office of the county treasurer. If a pedestrian
mall ordinance is proposed to be adopted in connection with the
improvement under section 430.011, a copy of the proposed
ordinance shall be published with the notice and the notice
shall refer to the ordinance and shall state that any and all
objections to the adoption of the ordinance will be heard and
considered The clerk shall give notice of the proceedings
appropriate to inform the owners of the proposed action. The
published notice shall also designate and fix a place and time,
not earlier than three weeks from date of publication of the
same, at which a committee therein designated by the board of
park commissioners or of the council will meet to hear and
consider, from or on the part of the owner or owners of the
several lots or parcels of land taken for the proposed
improvement and of the several lots or parcels of land upon
which benefits have been assessed, any and all objections to the
making of the improvement, to the amount of damages awarded for
the taking of or interference with the property involved, to the
amount of the assessment for benefits to any property affected
by the proceedings, and any and all claims of irregularities in
the proceedings of the city council, board of park
commissioners, or the commissioners so appointed by either
thereof.
Sec. 53. Minnesota Statutes 1982, section 430.02,
subdivision 11, is amended to read:
Subd. 11. [COMMITTEE REPORT.] Within ten days from the
conclusion of the hearing or hearings the committee shall file
with the city clerk its report and recommendation on the matter
so submitted, and upon such filing the city clerk shall give
notice that this report and recommendation has been filed and
that the same, together with the report of the commissioners,
will be considered by the city council at a meeting thereof to
be designated in the notice, which notice shall be published in
the official newspapers of the city once a week for two
consecutive weeks, the last publication thereof being at least
two weeks before the meeting of the city council given in a
manner appropriate to inform the persons affected and the public.
Sec. 54. Minnesota Statutes 1982, section 430.02,
subdivision 12, is amended to read:
Subd. 12. [ACTION BY COUNCIL.] The city council, upon the
day fixed for the consideration of the reports and
recommendation or at any subsequent meeting to which the same
may stand over or be referred, may, by resolution, annul and
abandon the proceedings, or may confirm the awards and
assessments or any or either thereof, or annul the same, or send
the same back to the commissioners for further consideration;
and the commissioners may, in such case, again meet at a time
and place to be designated in a notice which shall be published
by the city clerk once in the official newspaper of the city,
copies of which to be similarly mailed by the city clerk to all
interested persons, at least two weeks prior to the meeting, and
hear any further evidence that may be adduced by interested
persons, and may adjourn from time to time, and may correct any
mistakes in the award and assessment and alter and revise the
same as they may deem just, and again report the same to the
city council, who may thereupon confirm or annul the same. If
it shall desire to confirm the awards and assessments, the city
council shall then give its final reading to and vote on the
adoption of any pedestrian mall ordinance proposed in connection
with the improvement pursuant to section 430.011, and if it
shall be amended or shall fail of adoption for lack of a
sufficient majority of votes or otherwise, any improvement
instituted in connection with such proposed ordinance shall
either be abandoned or the awards and assessments shall be
returned to the commissioners for further consideration.
Sec. 55. Minnesota Statutes 1982, section 430.04, is
amended to read:
430.04 [AWARDS; HOW PAID; ASSESSMENTS.]
When any award of damages made to appellants upon any
appeal to the district court shall exceed the amount of the
award appealed from, and when any assessment of benefits made in
respect to any appellant upon appeal shall be less than the
amount of the assessment of benefits appealed from, the amount
of this increase in the amount of the award of damages and the
amount of this decrease in the assessment of benefits may be
paid by the city from the permanent improvement fund or any fund
of the city available therefor, or the city council may cause
the same to be assessed upon and against any property benefited
by the proposed improvements in addition and without prejudice
to prior assessments made thereon in the proceedings, and may
refer the matter to the commissioners theretofore appointed by
the council in the proceeding or to new commissioners to be
appointed by the city council. These commissioners, whether new
or old, shall have the same qualifications as required of
commissioners appointed by section 430.02 and shall take oath to
faithfully discharge their duties as commissioners and give
notice of the time and place when and where they will meet to
hear persons interested and assess the amounts of the increase
of awards of damages and decrease of assessments of benefits
upon the land and property, theretofore assessed for these
benefits, or assess benefits on lots or parcels of land not
theretofore assessed for benefits in the proceeding. The
notice, as to the owners of the lots or parcels of land entitled
to increase of awards upon any appeal, and as to the owners of
any lots or parcels of land to be then assessed for benefits
that were not so assessed in the original proceeding by the
commissioners, shall be given by these commissioners by
depositing the same in the post office of the city, postage
postpaid, directed to each of the persons at his last known
place of residence, if known to the commissioners, otherwise as
obtained from the office of the county treasurer; provided that
the failure of any owner to receive this notice shall not in any
wise operate to invalidate any of the proceedings covered by
this chapter. The commissioners shall meet, at the time and
place so designated in their notice, hear all persons
interested, and assess the amount of the increased awards of
damages and decreased assessments of benefits, or new and
original assessments of benefits, upon the property benefited by
the proposed improvements, in proportion to the benefits, but in
no case shall the amount of this assessment exceed the actual
benefit to the lot or parcel of land so assessed, and the
commissioners shall prepare and file with the city clerk an
assessment list of the assessment so made by them, containing a
brief description of each piece of property assessed, the name
of the owners thereof, if known, and the amount assessed against
the same, and the city clerk shall present this list to the city
council for consideration. A brief minute of the presentation
of this assessment list to the city council shall be made and
published included in the record of the proceedings of the city
council, which shall be held to be sufficient notice to all
persons concerned. This assessment list shall lie over without
action thereon by the city council until the next regular
meeting of the council which will occur at least one week
thereafter, at which time, or at any meeting thereafter, the
city council may confirm the assessments and assessment roll, or
send the same back to the commissioners for further
consideration and report thereon. Any person interested who is
dissatisfied with the amount of an assessment may appeal from
the confirmation of the assessment by the city council to the
district court, in like manner and with like proceedings as
provided in section 430.03 in respect to filing objections and
taking appeals from original appeals made in such proceedings
from such order of confirmation. Any decrease made in any
assessments upon any appeal may be paid by the city from the
permanent improvement fund or from any fund of the city
available therefor, or the city council may cause the same to be
reassessed as hereinabove provided.
Sec. 56. Minnesota Statutes 1982, section 430.07,
subdivision 5, is amended to read:
Subd. 5. If, in any proceedings under this chapter, the
actual cost of the improvement of any street, park, or parkway
in the manner herein designated is less than the estimated cost
thereof, as found and adopted by it, the city council, except as
otherwise provided by this subdivision, shall immediately cancel
and annul the assessments made in the proceedings to an amount
which, in the aggregate, shall not exceed such fractional part
of the total amount of the excess of estimated cost over the
actual cost as shall be equivalent to the fraction obtained by
dividing the total amount of the assessments by the total amount
of the estimated cost.
In case the assessments in any proceeding have not been
entirely collected or in case the city council deems that any
such assessments cannot be fully collected, the city council may
direct the city comptroller to retain in the fund in the
proceeding a sum sufficient, in the judgment of the city
council, to cover the deficiencies in the collection of the
assessments, and the city council shall direct that the balance
of the excess of estimated cost shall be disposed of in the
following manner. The city council shall direct the city
comptroller to certify the amount of this balance to the county
auditor. The auditor shall thereupon deduct the amount from the
first instalment of the assessment to be collected after the
receipt of this certificate. This deduction shall be made from
the assessment against each piece or parcel of property in the
proportion that the excess, as certified by the city
comptroller, bears to the total of the instalment of the
assessment. If the balance as certified, exceeds one
instalment, it shall also be deducted in like manner from
succeeding instalments until the same is fully deducted.
If the assessment against a piece or parcel of property has
been paid in full, and the amount to be refunded does not exceed
$1, the city council may deposit the amount of the potential
refund in the city's permanent improvement fund or bond
redemption fund. If the amount to be refunded exceeds $1, but
does not exceed $20, the city comptroller shall mail to the
current owner of the property a notice stating that the refund
is available. The notice shall be mailed within 60 days after
the city council determines the actual cost of the improvement.
If the amount to be refunded exceeds $20 the following notice
procedure shall be followed. The city comptroller shall mail to
the person who owned the property when the assessment was paid,
at his last known address, a notice stating that the refund is
available. The notice shall be mailed within 60 days after the
city council determines the actual cost of the improvement. If
a response is not received from the owner within ten days of the
date of mailing, a second notice shall be mailed. If a response
is not received from the owner within ten days of the date of
the second mailing, a notice of refund containing the name of
the person who was the owner when the assessment was paid, and
the address of the property shall be published in a newspaper of
general circulation in the city. If the refund is not claimed
by the person who owned the property when the assessment was
paid, within 30 days of the date of mailing of the last required
notice or within 30 days of the date of publication of any
required notice, whichever is later, the city council may
deposit the amount of the potential refund in the city's
permanent improvement fund or bond redemption fund.
Sec. 57. Minnesota Statutes 1982, section 430.102,
subdivision 3, is amended to read:
Subd. 3. [ANNUAL IMPROVEMENT ASSESSMENT PROCEDURE;
APPEALS.] When the council shall have acted on the estimate of
costs, the city engineer, with the assistance of the city
assessor, shall prepare an assessment roll setting forth
separately the amounts to be specially assessed against the
benefited and assessable properties in the district in
proportion to the benefits, descriptions of such properties, and
the names of the owners of such properties, so far as such names
are available to him. The assessment roll, when so prepared,
shall be filed in the office of the city clerk and be there
available for inspection. The city council shall meet to
consider objections to the amounts of such special assessments
at least ten days after a notice of hearing has been published
once in the official newspaper and mailed to the named owners of
all tracts, parcels and lots of property proposed to be
assessed. The notice shall set forth the time and place of
meeting, and set forth the purpose of such meeting, but may
refer to the assessment roll for further particulars. When the
city council shall have approved the amounts of the special
assessments set forth therein, or as may be changed by it, the
city clerk shall forthwith certify a copy of the assessment
roll, with such changes, if any, to the county auditor to be
extended on the tax lists of the county and to be collected with
and in the same manner as other taxes on property for the
current year. Within 20 days after the adoption of the
assessment, any person aggrieved may appeal to the district
court as provided in section 430.03 except that commissioners
shall not be appointed to consider the amount of benefits; if
the court shall find that the assessment is not arbitrary,
unreasonable, or made under a demonstrable mistake of fact or
erroneous theory of law, it shall confirm the proceedings, but
otherwise shall remand the same to the city council for
reconsideration and reassessment of the benefits upon like
notice and hearing as in the case of original assessments under
this subdivision. All objections to the assessment shall be
deemed waived unless presented on such appeal.
Sec. 58. Minnesota Statutes 1982, section 435.202,
subdivision 2, is amended to read:
Subd. 2. [REFUND OF ASSESSMENTS.] The governing body of
the municipality shall also notify the municipal clerk or
recorder of such fact, and he shall forthwith publish a provide
notice in the official newspaper of the municipality appropriate
to inform interested persons describing the improvement and
stating that it has been abandoned and that any person who paid
any special assessments levied on account of such improvement
may file a claim, within six months following the date of
publication of the notice, for refund of such assessments paid
by him, together with any interest he paid thereon. If the
municipality has no official newspaper, such notice may be
published in any newspaper published in the municipality or, if
no newspaper is published in the municipality, it may be posted.
The municipality is not required to, but may, pay such claims
filed after the period allowed, and it may require any claimant
to furnish satisfactory evidence that he paid the amounts
claimed. Such claims may be paid out of moneys in the fund of
the improvement which was abandoned, unless obligations have
been issued payable therefrom, or they may be paid out of moneys
in the general fund.
Sec. 59. Minnesota Statutes 1982, section 441.04, is
amended to read:
441.04 [ADVERTISE FOR BIDS.]
As soon as the plans and specifications are approved by the
council of each city the committee shall cause advertisements to
be published once in each week for three successive weeks in a
daily newspaper of each city for give notice appropriate to
inform interested persons requesting public bids for the
construction of the bridge, specifying the time and place for
opening the bids, the amount and character of deposit required
with the bids, together with any reasonable requirements or
conditions, and reserving the right to reject any and all bids.
No contract shall be let except to the lowest responsible
bidder; provided that any such city, acting through its council,
may submit a bid and if its bid be the lowest bid the contract
shall be awarded to the city, subject to the power of the
committee to reject all bids.
Sec. 60. Minnesota Statutes 1982, section 462.427,
subdivision 3, is amended to read:
Subd. 3. [PUBLIC HEARING; NOTICE; PUBLICATION;
RESOLUTION.] The governing body of a political subdivision shall
not adopt any resolution authorized by this and section 462.426
unless a public hearing has first been held. The clerk of such
political subdivision shall give notice of the time, place, and
purpose of the public hearing not less than ten days nor more
than 30 days prior to the day on which the hearing is to be
held, in a newspaper published in such political subdivision, or
if there is no newspaper published in such political
subdivision, then in a newspaper published in the state and
having a general circulation in such political subdivision
manner appropriate to inform the public. Upon the date fixed
for such public hearing an opportunity to be heard shall be
granted to all residents of such political subdivision and to
all other interested persons. The resolution shall be published
in a newspaper of general circulation in the political
subdivision.
Sec. 61. Minnesota Statutes 1982, section 465.32, is
amended to read:
465.32 [NOTICE OF MEETING.]
The appraisers shall give notice of their meeting by
publication in the official newspaper of the city, once a week
for six consecutive weeks, which last publication shall be at
least ten days before the day of such meeting in a manner
appropriate to inform the public, which notice shall name the
stream to be diverted, the point of diversion, the general
course of the new channel and the height to which it is proposed
to raise or maintain any lake, the location of proposed bridges,
culverts, or tunnels, the estimated cost of construction, and
contain a description of the lands designated by the city
council to be taken for right of way and for flowage purposes,
and give notice that a plan of the improvement has been filed in
the office of the city clerk, and that the appraisers will meet
at a place and time designated in the notice, and thence proceed
to view the premises and appraise the damages for property to be
taken, or which may be damaged by the diversion of water or
otherwise by such improvement, and to assess benefits in the
manner hereinafter specified. If any portion of such stream or
of the lands to be taken is outside of the county containing
such city, then the notice shall be published for a like time in
some newspaper in such also be given in the outside county.
Sec. 62. Minnesota Statutes 1982, section 465.38, is
amended to read:
465.38 [NOTICE OF APPRAISEMENT; CONFIRMATION OR ANNULMENT.]
Upon such report being filed, the city clerk shall give
notice that such appraisement has been returned and that the
same will be considered by the city council at a meeting thereof
to be named in the notice, which notice shall contain the
schedule of damages awarded and benefits assessed and be
published in the official newspaper of the city once a week for
two consecutive weeks, and the last publication shall be at
least ten days before such meeting given in a manner appropriate
to inform the public. Any person interested in any building
standing in whole or in part upon any land required to be taken
by such improvement shall, on or before the time specified for
the meeting in such notice, notify the city council in writing
of his election to remove such building, if he so elect. The
city council, upon the day fixed for the consideration of such
report, or at any subsequent meeting to which the same may stand
over or be referred, shall have power in their discretion to
confirm, revise, or annul the appraisement and assessment,
giving due consideration to any objections interposed by parties
interested in the manner hereinafter specified; provided that
the city council shall not have the power to reduce the amount
of any award nor increase any assessment. In case the
appraisement and assessment is annulled, the city council may
thereupon appoint new appraisers, who shall proceed in like
manner as in case of the first appraisement, and upon the coming
in of their report, the city council shall proceed in a like
manner and with the same powers as in the case of the first
appraisement.
Sec. 63. [471.6965] [PUBLICATION OF SUMMARY BUDGET
STATEMENT.]
Annually, upon adoption of the city budget, the city
council shall publish a summary budget statement in the official
newspaper of the city, or if there is none, in a qualified
newspaper of general circulation in the city. The statement
shall contain information relating to anticipated revenues and
expenditures, in a form prescribed by the state auditor. The
form prescribed shall be designed so that comparisons can be
made between the current year and the budget year. A note shall
be included that the complete budget is available for public
inspection at a designated location within the city.
Sec. 64. Minnesota Statutes 1982, section 471.697,
subdivision 1, is amended to read:
Subdivision 1. In any city with a population of more than
2,500 according to the latest federal census, the city clerk or
chief financial officer shall:
(a) Prepare a financial report covering the city's
operations including operations of municipal hospitals and
nursing homes, liquor stores, and public utility commissions
during the preceding fiscal year after the close of the fiscal
year and publish the report or a summary of the report, in a
form as prescribed by the state auditor, in a qualified
newspaper of general circulation in the city or, if there be is
none, post copies in three of the most public places in the city
, no later than 30 days after the report is due in the office of
the state auditor. The report shall contain financial
statements and disclosures which present the city's financial
position and the results of city operations in conformity with
generally accepted accounting principles. The report shall
include such information and be in such form as may be
prescribed by the state auditor;
(b) File the financial report in his office for public
inspection and present it to the city council after the close of
the fiscal year. One copy of the financial report shall be
furnished to the state auditor after the close of the fiscal
year; and
(c) Submit to the state auditor audited financial
statements which have been attested to by a certified public
accountant, public accountant, or the state auditor within 180
days after the close of the fiscal year, except that the state
auditor may upon request of a city and a showing of inability to
conform, extend the deadline. The state auditor may accept this
report in lieu of the report required in clause (b) above.
A municipal hospital or nursing home established before
June 6, 1979 whose fiscal year is not a calendar year on August
1, 1980 is not subject to this subdivision but shall submit to
the state auditor a detailed statement of its financial affairs
audited by a certified public accountant, a public accountant or
the state auditor no later than 120 days after the close of its
fiscal year. It may also submit a summary financial report for
the calendar year.
Sec. 65. Minnesota Statutes 1982, section 471.698,
subdivision 1, is amended to read:
Subdivision 1. In any city with a population of less than
2,500 according to the latest federal census, the city clerk or
chief financial officer shall:
(a) Prepare a detailed statement of the financial affairs
of the city including operations of municipal hospitals and
nursing homes, liquor stores, and public utility commissions in
the style and form prescribed by the state auditor, for the
preceding fiscal year showing all money received, with the
sources, and respective amounts thereof; all disbursements for
which orders have been drawn upon the treasurer; the amount of
outstanding and unpaid orders; all accounts payable; all
indebtedness; contingent liabilities; all accounts receivable;
the amount of money remaining in the treasury; and all items
necessary to show accurately the revenues and expenditures and
financial position of the city;
(b) File the statement in his office for the public
inspection and present it to the city council within 45 days
after the close of the fiscal year;
(c) (1) Publish the statement within 60 90 days after the
close of the fiscal year in a qualified newspaper published of
general circulation in the city; or
(2) If there is no qualified newspaper of general
circulation in the city, the clerk shall, at the direction of
the city council, publish the statement in the official
newspaper published elsewhere or post copies in three of the
most public places in the city; or
(3) If city council proceedings are published monthly or
quarterly, showing to whom and for what purpose orders are drawn
upon the treasurer, the annual statement to be published as
required by this section may be summarized in such form as the
state auditor may prescribe. It is not necessary to publish
individual disbursements of less than $100, if disbursements
aggregating $1,000 or more to any person, firm, or other entity
are set forth in a schedule of major disbursements showing
amounts paid out, to whom, and for what purpose, and are made a
part of and published with the financial statement; and
(d) Submit within 90 days after the close of the fiscal
year a copy of the statement to the state auditor in such
summary form as the state auditor may prescribe.
A municipal hospital or nursing home established before
June 6, 1979 whose fiscal year is not a calendar year on August
1, 1980 is not subject to this subdivision but shall submit to
the state auditor a detailed statement of its financial affairs
audited by a certified public accountant, a public accountant or
the state auditor no later than 120 days after the close of its
fiscal year. It may also submit a summary financial report for
the calendar year.
Sec. 66. Minnesota Statutes 1982, section 471.6985, is
amended to read:
471.6985 [FINANCIAL STATEMENT PUBLICATION; MUNICIPAL LIQUOR
STORE.]
Any city operating a municipal liquor store shall publish a
balance sheet using generally accepted accounting procedures and
a statement of operations of the liquor store within 90 days
after the close of the fiscal year in the official newspaper of
the city. The statement shall be headlined, in a type size no
smaller than 18 point: "Analysis of ......(city)......
municipal liquor store operations for ......(year)...." and
shall be written in clear and easily understandable language.
It shall contain the following information: total sales, cost
of sales, gross profit, profit as percent of sales, operating
expenses, operating income, contributions to and from other
funds, capital outlay, interest paid and debt retired. The form
and style of the statement shall be prescribed by the state
auditor. Non-operating expenses may not be extracted on the
reporting form prior to determination of net profits for
reporting purposes only. Administrative expenses charged to the
liquor store by the city must be actual operating expenses and
not used for any other public purpose prior to the determination
of net profits. The publication requirements of this section
shall be in addition to any publication or posting requirements
for financial reports contained in sections 471.697 and 471.698.
The statement may at the option of the city council be
incorporated into the reports published pursuant to sections
471.697 and 471.698, in accordance with a form and style
prescribed by the state auditor.
Sec. 67. Minnesota Statutes 1982, section 472.04,
subdivision 2, is amended to read:
Subd. 2. The governing body of a municipality shall
consider such a resolution only after a public hearing thereon
after notice published in a qualified newspaper at least once,
appropriate to inform the public given not less than 10 nor more
than 30 days prior to the date of the hearing. Opportunity to
be heard shall be granted to all residents of the municipality
and its environs and to all other interested persons. The
resolution shall be published in the same manner in which
ordinances are published in the municipality.
Sec. 68. Minnesota Statutes 1982, section 484.30, is
amended to read:
484.30 [ADJOURNED AND SPECIAL TERMS.]
The judges of each district may adjourn court from time to
time during any term thereof, and may appoint special terms for
the trial of issues of law and fact, and, when necessary, direct
petit juries to be drawn therefor. Three weeks' published
notice of every special term shall be given in the county
wherein it is to be held. They may also appoint special terms
for the hearing of all matters except issues of fact, the order
for which shall be filed with the clerk, and a copy posted in
his office for three weeks prior to the term.
Sec. 69. [REPEALER.]
Minnesota Statutes 1982, sections 55.09; 331.01; 331.02;
331.03; 331.04; 331.05; 331.06; 331.07; 331.08; 331.10; 331.11;
and 441.51, are repealed.
Sec. 70. [EFFECTIVE DATE.]
Sections 1 to 69 are effective January 1, 1985, except as
they apply to independent school districts, with respect to
which Sections 1 to 69 are effective July 1, 1985.
Approved April 25, 1984
Official Publication of the State of Minnesota
Revisor of Statutes