Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 562-S.F.No. 2072
           An act relating to local government; providing for the 
          conduct of the business of towns; providing for 
          certain town debt; revising various other town laws; 
          providing penalties; amending Minnesota Statutes 1982, 
          sections 6.54, as amended; 6.55; 117.011; 160.02, 
          subdivision 6; 160.05, subdivision 1; 160.17, 
          subdivisions 1 and 2; 164.06; 164.11; 164.14, by 
          adding a subdivision; 340.14, subdivision 5; 365.10; 
          365.15; 365.37; 365.53; 366.01, subdivisions 2, 3, 4, 
          7, and by adding subdivisions; 366.015; 366.07; 
          367.02; 367.05, subdivision 1; 367.10; 367.15; 367.19; 
          367.23; 367.24; 367.30, subdivision 2; 367.31, 
          subdivision 6; 368.01, subdivisions 1, 1a, 21, 22, and 
          26; 368.121; 450.19; and 624.51; Minnesota Statutes 
          1983 Supplement, sections 365.52; 366.20; and 367.11; 
          proposing new law coded in Minnesota Statutes, 
          chapters 365; 366; and 368; repealing Minnesota 
          Statutes 1982, sections 365.105; 365.106; 365.12; 
          366.06; 367.035; 367.05, subdivision 2; 368.01, 
          subdivisions 17 and 28; 368.02; 368.03; 368.04; 
          368.05; 368.06; 368.07; 368.08; 368.09; 368.10; 
          368.11; and 368.86. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 6.54, as 
amended by Laws 1983, chapter 314, article 7, section 2, is 
amended to read: 
    6.54 [EXAMINATION OF MUNICIPAL RECORDS PURSUANT TO 
PETITION.] 
    The registered voters in a home rule charter or statutory 
city or the electors at an annual or special town meeting of a 
town may petition the state auditor to examine the books, 
records, accounts, and affairs of the home rule charter or 
statutory city, town, or of any organizational unit, activity, 
project, enterprise, or fund thereof; and the scope of the 
examination may be limited by the petition, but the examination 
shall cover, at least, all cash received and disbursed and the 
transactions relating thereto, provided that the state auditor 
shall not examine more than the six latest years preceding the 
circulation of the petition, unless it appears to the state 
auditor during the examination that the audit period should be 
extended to permit a full recovery under bonds furnished by 
public officers or employees, and may if it appears to the 
auditor in the public interest confine the period or the scope 
of audit or both period and scope of audit, to less than that 
requested by the petition.  In the case of a home rule charter 
or statutory city or town, the petition shall be signed by a 
number of registered voters at least equal to 20 percent of 
those voting in the last presidential election.  The eligible 
voters of any school district, as defined in section 123.32, 
subdivision 1a, may petition the state auditor, who shall be 
subject to the same restrictions regarding the scope and period 
of audit, provided that the petition shall be signed by at least 
ten eligible voters for each 50 resident pupils in average daily 
membership during the preceding school year as shown on the 
records in the office of the commissioner of education.  In no 
case shall the petition for an examination of a town bear the 
names of less than 25 registered voters; and provided, that In 
the case of school districts, the petition shall be signed by at 
least ten eligible voters.  At the time it is circulated, every 
petition shall contain a statement that the cost of the audit 
will be borne by the city, town, or school district as provided 
by law.  Thirty days before the petition is delivered to the 
state auditor it shall be presented to the appropriate city, 
town or school district clerk and the county auditor.  The 
county auditor shall determine and certify whether the petition 
is signed by the required number of registered voters or 
eligible voters as the case may be.  The certificate shall be 
conclusive evidence thereof in any action or proceeding for the 
recovery of the costs, charges and expenses of any examination 
made pursuant to the petition. 
     Sec. 2.  Minnesota Statutes 1982, section 6.55, is amended 
to read: 
    6.55 [EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF 
GOVERNING BODY.] 
    The governing body of any city, town, county or school 
district, by appropriate resolution may ask the state auditor to 
examine the books, records, accounts and affairs of their 
government, or of any organizational unit, activity, project, 
enterprise, or fund thereof; and the state auditor shall examine 
the same upon receiving, pursuant to said resolution, a written 
request signed by a majority of the members of the governing 
body; and the governing body of any public utility commission, 
or of any public corporation having a body politic and 
corporate, or of any instrumentality joint or several of any 
city, town, county, or school district, may request an audit of 
its books, records, accounts and affairs in the same manner; 
provided that the scope of the examination may be limited by the 
request, but such examination shall cover, at least, all cash 
received and disbursed and the transactions relating thereto.  
Such written request shall be presented to the clerk, or 
recording officer of such city, town, county, school district, 
public utility commission, public corporation, or 
instrumentality, before being presented to the state auditor, 
who shall determine whether the same is signed by a majority of 
the members of such governing body and, if found to be so 
signed, shall certify such fact, and the fact that such 
resolution was passed, which certificate shall be conclusive 
evidence thereof in any action or proceedings for the recovery 
of the costs, charges and expenses of any examination made 
pursuant to such request.  Nothing contained in any of the laws 
of the state relating to the state auditor, shall be so 
construed as to prevent any city, town or school district from 
employing a certified public accountant to examine its books, 
records, accounts and affairs.  For the purposes of this 
section, the governing body of a town is the town board.  
    Sec. 3.  Minnesota Statutes 1982, section 117.011, is 
amended to read: 
    117.011 [RIGHT OF EMINENT DOMAIN.] 
    All bodies, public or private, who have the right of 
eminent domain, when exercising such the right, shall do so in 
the manner prescribed by this chapter, even though a different 
procedure may be provided by charter provisions, ordinance or 
statute, but nothing herein shall apply to the taking of 
property under laws relating to drainage or to town roads when 
such those laws themselves expressly provide for such the taking 
and specifically prescribe the procedure connected therewith.  
     Sec. 4.  Minnesota Statutes 1982, section 160.02, 
subdivision 6, is amended to read: 
    Subd. 6.  [TOWN ROADS.] "Town roads" includes those roads 
and cartways which have heretofore been or which hereafter may 
be established, constructed, or improved under the authority of 
the several town boards, roads established, constructed, or 
improved by counties that have been maintained by the towns for 
a period of at least one year prior to July 1, 1957, and all 
roads lying within the town established by user.  
     Sec. 5.  Minnesota Statutes 1982, section 160.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SIX YEARS.] When any road or portion of a 
road has been used and kept in repair and worked for at least 
six years continuously as a public highway by a road authority, 
it shall be deemed dedicated to the public to the width of the 
actual use and be and remain, until lawfully vacated, a public 
highway whether it has ever been established as a public highway 
or not.  Nothing contained in this subdivision shall impair the 
right, title, or interest of the water department of any city of 
the first class secured under Special Laws 1885, Chapter 110.  
This subdivision shall apply to roads and streets except platted 
streets within cities. 
    Sec. 6.  Minnesota Statutes 1982, section 160.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLANS AND SPECIFICATIONS TO BE FILED IN 
CERTAIN CASES.] No contract for the construction or improvement 
of any road by a county or town wherein in which the contract 
price exceeds $3,500 the amount for which sealed bids are 
required as provided in section 471.345 shall be let unless the 
plans and specifications for such the construction or 
improvement are on file in the office of the county auditor and 
a true copy thereof of them available for reference in the 
office of the county highway engineer with respect to county and 
county state-aid highways, and with the town clerk with respect 
to town roads.  
     Sec. 7.  Minnesota Statutes 1982, section 160.17, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADVERTISEMENT FOR BIDS.] No county or town road 
contract for construction or improvement exceeding $3,500 the 
amount for which sealed bids are required as provided in section 
471.345 shall be let without first advertising for bids in a 
newspaper of general circulation published in the county where 
the construction or improvement is proposed to be done.  The 
advertisement shall be published once a week for three 
successive weeks, the last publication to be made at least ten 
days before the time fixed for receiving bids and letting the 
contract.  It shall specify, generally, the work to be done, the 
place where the plans and specifications are on file, and the 
time and place of receiving bids and awarding the contract.  
    Sec. 8.  Minnesota Statutes 1982, section 164.06, is 
amended to read: 
    164.06 [ESTABLISH OR, ALTER, OR VACATE BY RESOLUTION.] 
    In addition to the methods herein provided, the A town 
board, when thereunto duly authorized by a vote of the electors 
at any the annual meeting, or at any a special meeting called 
for that purpose, may establish or, alter, or vacate a town road 
by resolution, and may acquire such the right of way as may be 
necessary for such the road by gift, purchase or eminent domain 
proceedings as provided in chapter 117 and acts amendatory 
thereto section 164.07.  
    Sec. 9.  Minnesota Statutes 1982, section 164.11, is 
amended to read: 
    164.11 [LANDS DEDICATED AS ROADS OR STREETS; IMPROVEMENT.] 
    Land dedicated to public use as a street, road or cartway, 
if not less than 30 feet in width, shall be deemed a legal 
cartway and subject to improvement by the town board as in the 
case of cartways two or more rods in width.  
    Sec. 10.  Minnesota Statutes 1982, section 164.14, is 
amended by adding a subdivision to read: 
    Subd. 4.  [INEQUITABLE AGREEMENTS.] If an agreement for the 
division, as provided in subdivision 2, has proved to be 
inequitable, either the town board or the governing body of the 
city may petition the county board, or where the road is on a 
county line, the county boards of the counties concerned, to 
resolve the matter, and the county board or boards shall 
determine the proper division of responsibility.  Where deemed 
necessary, the services of the county engineer may be used.  
     Sec. 11.  Minnesota Statutes 1982, section 340.14, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUNDAY SALES.] (a) Notwithstanding the 
provisions of subdivision 1, in any municipality establishments 
to which on sale licenses have been issued or hereafter may be 
issued for the sale of intoxicating liquors which are hotels or 
restaurants or clubs as defined in section 340.07, and which 
have facilities for serving not less than 30 guests at one time, 
may serve intoxicating liquors between the hours of 12 o'clock 
noon and 12 o'clock midnight on Sundays in conjunction with the 
serving of food.  The governing body of any municipality within 
the seven county metropolitan area, as defined in section 
473.121, subdivision 2, may adopt an ordinance that allows the 
licensees to serve intoxicating liquors between the hours of 10 
o'clock a.m. and 12 o'clock midnight on Sundays in conjunction 
with the serving of food, provided that the licensee 
establishment is in conformance with the Minnesota Clean Indoor 
Air Act.  
    (b) It is unlawful for any such establishment, directly or 
indirectly, to sell or serve such intoxicating liquors as 
provided in paragraph (a) above, without having first obtained a 
special license from the municipality therefor.  Such special 
license may be issued by the governing body of the municipality 
for a period of one year and for such a fee as it shall 
determine, but not exceeding $200.  The special license may be 
revoked by the governing body, for cause.  The provisions of 
section 340.112 shall apply to such license.  Application for 
the special license shall be made to the governing body of the 
municipality in the same manner as application for other 
licenses to sell intoxicating liquor are made. 
    (c) This subdivision shall not apply to any municipality 
until authorized by the voters of the municipality voting on the 
question at a special election called for such purpose or at the 
general election in the municipality, the election to be 
conducted in accordance with the applicable provisions of the 
Minnesota election law.  Provided, however, that municipal voter 
approval shall not be required in the case of major airports 
operated by public corporations organized and existing under 
sections 473.601 to 473.679, which are operated by such public 
corporations as terminals for regular, scheduled air passenger 
service where the lands or any part thereof constituting the 
same have been detached from cities under and pursuant to 
sections 473.625 to 473.631, nor in the case of common carriers 
licensed under the provisions of sections 340.11, subdivision 3, 
and 340.12 and any license to sell intoxicating liquors on 
Sunday issued to a common carrier by the commissioner of public 
safety shall, in addition to all other license fees, require the 
payment to the commissioner of public safety of a fee of $50 per 
annum plus a fee of $5 for each duplicate of said license 
required to be posted in each place where intoxicating liquor is 
sold by said common carrier. 
     (d) An election conducted in a town on the question of the 
issuance by the county of Sunday sales licenses to 
establishments located in the town shall be held on the day of 
the annual election of town officers. 
    Sec. 12.  Minnesota Statutes 1982, section 365.10, is 
amended to read: 
    365.10 [TOWN MEETINGS, POWERS.] 
    The electors of each town have power, at their annual town 
meeting: 
    (1) To determine the locations of pounds, and number of 
poundmasters, and to discontinue any such pounds; 
    (2) To select such town officers as are to be chosen; 
    (3) To make such lawful orders and bylaws as they deem 
proper for restraining horses, cattle, sheep, swine, and other 
domestic animals from going at large on the highways, and 
provide for impounding such those animals so going at large, and 
to fix penalties for violations of the orders or bylaws; 
    (4) To fix penalties for violations of any order or bylaw 
made by such town, except such as relate to the keeping and 
maintaining of fences;  
    (5) To vote money for the repair and construction of roads 
and bridges, and determine the amount thereof to be assessed as 
labor tax, and to vote such sums as they deem expedient for 
other town expenses, including the construction and maintenance 
of docks and breakwaters; 
    (6) (5) When they deem it for the interest of the town to 
direct that a specified amount of the poll and road tax be 
expended, under the direction of their town board, on the roads 
of an adjoining town; 
    (7) To authorize the town board to sell and convey or lease 
any real or personal property belonging to the town, not 
conveyed to and required to be held by the town for a special 
purpose;  
    (8) (6) To authorize the town board to purchase or build a 
town hall or other building for the use of the town, and to 
determine, by ballot, the amount of money to be raised for that 
purpose; but, if a site for a town hall is once obtained, it 
shall not be changed for another site, except by vote therefor 
designating a new site by two-thirds of the votes cast at such 
election of the legal voters of the town; 
    (9) (7) To authorize the town board, by vote, to purchase 
grounds for a town cemetery, and limit the price to be paid, and 
to vote a tax for the payment thereof; 
    (10) (8) To authorize the town, either by itself or in 
conjunction with one or more other towns, to purchase grounds 
for a public park and to limit the price to be paid therefor, to 
authorize the town, alone or in conjunction with such other town 
or towns, to care for, improve, and beautify such parks, and to 
determine, by ballot, the amount of money to be raised for that 
purpose, and to vote a tax for the payment thereof; 
    (11) (9) To vote money to aid in the construction of 
community halls, to be erected by farm bureaus, farmers clubs, 
or other like organizations.;  
    (12) (10) To vote a tax to purchase and maintain a public 
dumping ground.;  
    (13) (11) To authorize the town board, by resolution, to 
determine whether to open or maintain town roads upon which no 
maintenance or construction has been conducted for 25 years or 
more.  For purposes of this clause the provisions of section 
163.16 shall not apply to town roads described in this clause, 
nor shall the provisions of this clause apply to cartways.;  
    (12) To authorize the town board to spend money in an 
amount as determined by the electors for the purpose of 
commemorating an event of historical significance to the town; 
and 
    (13) To authorize the town board to provide, by ordinance, 
for licensing and regulating the presence or keeping of dogs and 
cats and their running at large within the town.  
    Sec. 13.  [365.125] [ENACTMENT OF ORDINANCES.] 
    Every ordinance shall be enacted by a majority vote of all 
the members of the town board unless a larger number is required 
by law.  It shall be signed by the chairman of the town board, 
attested by the clerk, and published once in a qualified 
newspaper having general circulation within the town.  If the 
town board 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 town board may by a 
two-thirds vote of its members, or a four-fifths vote in a town 
having a five-member board direct that only the title of the 
ordinance and a summary be published with notice that a printed 
copy of the ordinance is available for inspection by any person 
during regular office hours of the town clerk and any other 
location which the town board designates.  A copy of the entire 
text shall be posted in the community library, if there is one, 
or if not, in any other public location which the town board 
designates.  Before the publication of the title and summary, 
the town board 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 ordinance shall be published in 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 
Town Board of Supervisors of ..... ordains:". 
    Sec. 14.  Minnesota Statutes 1982, section 365.15, is 
amended to read: 
    365.15 [FIRE AND POLICE PROTECTION; ACQUISITION OF 
APPARATUS.] 
    The electors of each town shall have the power at any 
annual or special town meeting to authorize the town board to 
provide for fire protection or for police protection, or both, 
and for the purchase or acquisition of apparatus therefor, 
either by itself or jointly with any other town, city, or any 
number thereof, and for the maintenance and operation of such 
apparatus, and to determine by ballot the maximum amount of 
money to be raised in that year and each year thereafter for any 
or all of such purposes until changed in the same manner by the 
electors at a subsequent meeting.  
    Sec. 15.  Minnesota Statutes 1982, section 365.37, is 
amended to read: 
    365.37 [CONTRACTS; LET ON BIDS, OFFICERS NOT TO BE 
INTERESTED.] 
    Except as provided in Laws 1951, Chapter 379 sections 
471.87 to 471.89, no supervisors, town clerk, or town board 
shall become a party to, or be directly or indirectly interested 
in, any contract made or payment voted by the town board and all 
contracts involving an expenditure of $1000 or more let on bid 
shall be let to the lowest responsible bidder after ten days 
public notice, posted in the three most public places in the 
town or published for two weeks in a newspaper generally 
circulated in the town, of the time and place of receiving 
bids.  In cases of special emergency, amounts in excess of $1000 
may be expended without such notice being given.  In towns 
having less than 25 legal voters, the officers may be employed 
upon road work by the day at such price as may have been fixed 
for such work by the town at its annual meeting.  Every contract 
made and payment voted or made contrary to the provisions of 
this section shall be void and any such officer violating the 
provisions of this section shall be guilty of a misdemeanor and, 
in addition to the provisions prescribed by law, removed from 
office. 
    Sec. 16.  Minnesota Statutes 1983 Supplement, section 
365.52, is amended to read: 
    365.52 [SPECIAL TOWN MEETINGS; PRECINCT; POLLING PLACES.] 
    A special town meeting may be held for the purpose of 
election to fill a vacancy when the town board has failed to 
fill the vacancy by appointment, or for transacting any other 
lawful business whenever the supervisors, and town clerk, or any 
two of them, together with at least 12 other freeholders of the 
town, file in the office of the town clerk a written statement 
setting forth the reasons and necessity for the meeting and the 
particular business to be transacted at it and that the 
interests of the town require that the meeting be held.  A town 
meeting may also be called upon a petition of 20 percent of the 
eligible voters of the town, based upon the number of voters at 
the last general election.  The town board may, with respect to 
an election by ballot at a special town meeting for the purpose 
of selecting town officers or of determining any matter of town 
business, provide for the casting of ballots in precincts and at 
polling places.  The precincts and polling places shall be 
designated by the town board in the manner prescribed by 
sections 204B.14 and 204B.16. 
    Sec. 17.  Minnesota Statutes 1982, section 365.53, is 
amended to read: 
    365.53 [NOTICES; PUBLICATION.] 
    When such the statement is so filed, the clerk shall record 
the same it, and cause ten days' posted notice thereof to be 
given, specifying the purpose for which it is to be held, and if 
a newspaper is published in the town cause one week's published 
notice of such meeting to be given give ten days' published 
notice specifying the time and place and the purpose for which 
the meeting is to be held in a qualified newspaper having 
general circulation within the town, or by posted notice, as the 
town board shall direct unless the voters at the annual town 
meeting direct otherwise.  If a vacancy in an office is to be 
filled, the notice shall specify in what office it exists, how 
it occurred, who was the last incumbent, and when the legal term 
of such the office expires.  
    Sec. 18.  Minnesota Statutes 1982, section 366.01, 
subdivision 2, is amended to read: 
    Subd. 2.  They may by ordinance prohibit or license and 
regulate the keeping of billiard, pool, and pigeon-hole tables, 
games of amusement, games of skill, juke boxes, roller skating 
rinks, bowling alleys, circuses, shows, and theatrical 
performances, and the sale of fireworks, and may license and 
regulate public dancing places, fix the price and time of 
continuance of such the license, and, when in their opinion the 
public interest requires it, revoke the same license.  They may 
license the sale of soft drinks and soft drink vending machines 
and may fix the price and duration of such the licenses and when 
in their opinion the public interest requires it, revoke the 
same license.  Within any platted residential area of the town 
they may license and regulate the presence or keeping of dogs or 
domestic animal pets and may regulate or prohibit the discharge 
of firearms, when deemed to be in the public interest. 
    Sec. 19.  Minnesota Statutes 1982, section 366.01, 
subdivision 3, is amended to read: 
    Subd. 3.  They may appropriate out of the general fund of 
the town and draw orders on the treasurer for the disbursement 
of money to pay the annual dues in the Minnesota unit of the 
national association of township officers association of 
townships or a county unit that belongs to the Minnesota unit 
state association and the actual and necessary expenses of such 
delegates as the town board may designate to attend meetings of 
any such association township officers for meetings relating to 
town business including meetings of township associations. 
    Sec. 20.  Minnesota Statutes 1982, section 366.01, 
subdivision 4, is amended to read: 
    Subd. 4.  They may select and designate a bank as the 
depository of town money for a time not extending beyond their 
official term, on the execution by such bank of a sufficient 
bond to the town, in double the sum deposited, to be approved by 
the board and filed in the office of the town clerk, and 
thereupon may require the treasurer to deposit all or any part 
of the town money in such bank.  Such designation shall be in 
writing, and set forth all the terms and conditions upon which 
the deposits are made, be signed by the chairman and clerk, and 
filed with the clerk.  The town treasurer shall not be liable 
for the loss of money while so deposited, and all interest 
thereon shall belong to the town. 
    Sec. 21.  Minnesota Statutes 1982, section 366.01, 
subdivision 7, is amended to read: 
    Subd. 7.  The board of supervisors shall have power to They 
may provide for the prosecution or defense of actions at law or 
other proceedings in which the township may be interested, and 
it they may employ counsel for the purpose.  Nothing contained 
herein in this subdivision shall limit any powers conferred on 
township town boards of supervisors by any other provision of 
law. 
    Sec. 22.  Minnesota Statutes 1982, section 366.01, is 
amended by adding a subdivision to read: 
    Subd. 8.  They shall designate one or more places in the 
town as public places at which legal notices shall be posted, 
and provide facilities for posting notices at the places; 
provided, that in a town which is located within the 
geographical limits of a city, one or more notices may be posted 
in the city.  The town board may waive the posted notice 
requirements of any law but shall then instead provide for 
notice to be published once each week for two successive weeks 
in a newspaper of general circulation in the town.  
    Sec. 23.  Minnesota Statutes 1982, section 366.01, is 
amended by adding a subdivision to read: 
    Subd. 9.  They may sell and convey or lease real or 
personal property belonging to the town, not conveyed to and 
required to be held by the town for a special purpose.  
    Sec. 24.  Minnesota Statutes 1982, section 366.01, is 
amended by adding a subdivision to read: 
    Subd. 10.  They may declare that a violation of an 
ordinance shall be a penal offense and may prescribe the 
penalties for violations, except as otherwise provided by law. 
No penalty shall exceed that which is provided by law for a 
misdemeanor, but the costs of prosecution may be added.  
    Sec. 25.  Minnesota Statutes 1982, section 366.015, is 
amended to read: 
    366.015 [VOTE REQUIRED ON WEED DESTRUCTION.] 
    Subdivision 1.  [BALLOT, CONTENTS.] The town board at the 
annual town meeting may submit to a vote by ballot the following 
question:  "Shall persons owning or occupying real estate 
adjoining a town road and not a part of any an incorporated 
municipality be required to remove rocks in excess of five 
inches in diameter from and to cut, destroy or remove all weeds 
and, grass and other plants of up to three inches in diameter 
growing upon the town road adjacent to their land?  Yes ........ 
No ........."  
    Subd. 2.  [COST, LIEN ON LAND.] If a majority of the 
electors voting on such the question shall vote "Yes," any a 
person owning or occupying real estate adjoining a town road and 
not a part of any an incorporated municipality shall cut, 
destroy or remove all weeds or grass growing the material 
described on the ballot located upon the town road adjacent to 
his land.  Any A person who erects or maintains a mail-box on 
land not owned by him shall cut, destroy or remove all weeds or 
grass the material within five feet of such mail-box.  If any 
such person fails to comply with this provision, the town board 
of the town in which his real estate is located may, after ten 
days notice in writing, order the local weed inspector or other 
person to cut, destroy or remove the weeds or grass and the 
expense thus incurred shall be a lien on such real estate.  The 
town board shall certify to the county auditor an itemized 
statement of the amount of the expense paid by the town and the 
county auditor shall enter such amount on the tax books as a tax 
upon the land, which shall be collected in the same manner as 
other real estate taxes.  
    Sec. 26.  Minnesota Statutes 1982, section 366.07, is 
amended to read: 
    366.07 [TREASURER MAY SELECT DEPOSITORY.] 
    If the town board shall refuse refuses or fail fails to 
act, as provided in section 366.06 366.01, subdivision 4, within 
30 days after the annual town meeting, the treasurer shall 
select one or more depositories, not exceeding four in number, 
for the deposit and the safekeeping of town funds and deposit 
town funds therein, in the name of the town, to the extent of 
not more than $10,000 in each depository so selected without 
requiring security therefor, providing that such bank is insured 
by the federal deposit insurance corporation obtaining security 
for the funds as provided in section 366.01, subdivision 4.  
    Sec. 27.  [366.095] [FINANCING PURCHASE OF CERTAIN 
EQUIPMENT.] 
    The town board may issue certificates of indebtedness 
within the existing debt limits for the purpose of purchasing 
fire or police equipment or ambulance equipment or road 
construction or maintenance equipment.  The certificates shall 
be payable in not more than five years and shall be issued on 
the terms and in the manner as the board may determine.  If the 
amount of the certificates to be issued to finance the purchase 
exceeds one percent of the assessed valuation of the town, 
excluding money and credits, they shall not be issued for at 
least ten days after publication in a newspaper of general 
circulation in the town of the board's resolution determining to 
issue them; and if before the end of that time, a petition 
asking for an election on the proposition signed by voters equal 
to ten percent of the number of voters at the last regular town 
election is filed with the clerk, the certificates shall not be 
issued until the proposition of their issuance has been approved 
by a majority of the votes cast on the question at a regular or 
special election.  A tax levy shall be made for the payment of 
the principal and interest on the certificates as in the case of 
bonds.  
    Sec. 28.  Minnesota Statutes 1983 Supplement, section 
366.20, is amended to read: 
    366.20 [MEETINGS.] 
    The town board shall constitute a board of audit and shall 
meet each year, on the Tuesday preceding the annual town meeting 
a date fixed by the town board, for the purpose of auditing and 
settling all charges against the town.  All unpaid accounts of 
town officers for services rendered since the last annual 
meeting of the board shall be presented at the meeting.  It may 
also meet at any other times for the purpose of auditing and 
settling charges against the town.  No allowance of any account 
shall be made which does not specifically itemize the account.  
If any supervisor fails to attend, the remaining supervisors 
shall fill the vacancy by appointment.  If they are unable to 
agree, the senior county or municipal court judge having 
jurisdiction over the town shall fill the vacancy by 
appointment.  The person appointed must be a resident of the 
town A quorum for transacting business by the board of audit 
shall be the same as for the board of supervisors.  
    Sec. 29.  Minnesota Statutes 1982, section 367.02, is 
amended to read: 
    367.02 [RESIGNATIONS.] 
    The town board, for sufficient cause shown to it, may shall 
accept the resignation of any town officer, in which case the 
board shall forthwith give notice thereof to the town clerk.  
    Sec. 30.  Minnesota Statutes 1982, section 367.05, 
subdivision 1, is amended to read: 
    367.05 [COMPENSATION; TOWN OFFICERS AND EMPLOYEES.] 
    Subdivision 1.  [ASSESSORS.] The town assessors, except in 
towns wherein special laws set the salary and compensation of 
the assessor, shall be compensated in an amount to be determined 
by the town board.  The town board is also authorized to 
reimburse any town assessor for expenses and mileage The town 
board shall set the compensation of supervisors, town assessors, 
the treasurer, clerk, deputy clerk, if one is employed, the road 
overseer, and other employees of the town in an amount to be 
determined by the town board.  In addition to the compensation 
provided pursuant to this section, supervisors, assessors, 
treasurers, clerks, deputy clerks, road overseers, and other 
employees of the town shall be entitled to mileage for the use 
of the person's own automobile at a rate to be determined by the 
town board for each mile necessarily traveled on official town 
business.  The town board may fix the hours of employment for 
town employees, and reimburse a town assessor for expenses.  
    Sec. 31.  Minnesota Statutes 1982, section 367.10, is 
amended to read: 
    367.10 [TOWN CLERK; BOND; OATH.] 
    Every person elected or appointed to the office of town 
clerk, before he enters upon the beginning the duties of his the 
office, shall give bond to the town, with sureties approved by 
the town treasurer, in such penal sum as in an amount to be 
determined by the town board directs, conditioned for the 
faithful discharge of his the duties of clerk.  The bond, with 
his the oath of office, shall be filed with the county auditor, 
and an action may be maintained thereon by the town or any 
person aggrieved. 
    Sec. 32.  Minnesota Statutes 1983 Supplement, section 
367.11, is amended to read: 
    367.11 [DUTIES.] 
    It shall be the duty of the town clerk: 
    (1) to act as clerk of the town board, and to keep in his 
office a true record of all of its proceedings; 
    (2) unless otherwise provided by law, to have the custody 
of the records, books, and papers of the town, and to file and 
safely keep all papers required by law to be filed in his office;
    (3) to record minutes of the proceedings of every town 
meeting in the book of town records, and to enter in them at 
length every order or direction and all rules and regulations 
made by the town meeting; 
    (4) to file and preserve all accounts audited by the town 
board or allowed at a town meeting, and to enter a statement of 
them in the book of records; 
    (5) to transmit to the clerk of the district court, 
immediately after the election of any town constable, a written 
notice stating the name of the person elected; the term for 
which he was elected; if elected to fill a vacancy, the name of 
the last incumbent of the office; and after a constable is 
qualified, and, upon the resignation of a constable, to 
immediately notify the clerk; 
    (6) to record every request for any special vote or special 
town meeting, and properly post the requisite notices of them; 
     (7) to post, as required by law, fair copies of all bylaws 
made by the town, and enter, over his signature, in the town 
records, the time when and the places where they were posted and 
keep an ordinance book in which shall be recorded in full all 
ordinances passed by the town board; 
    (8) to furnish to the annual meeting of the town board of 
audit every statement from the county treasurer of money paid to 
the town treasurer, and all other information about fiscal 
affairs of the town in his possession, and all accounts, claims, 
and demands against the town filed with him; and 
    (9) to perform any other duties required by law. 
    Sec. 33.  Minnesota Statutes 1982, section 367.15, is 
amended to read: 
    367.15 [TOWN TREASURER; BOND.] 
    Every town treasurer, before he enters upon beginning the 
duties of his the office, shall give bond to the town in an 
amount to be determined by the board, conditioned for the 
faithful discharge of his the duties as such of treasurer.  
Within six days thereafter the chairman shall file such bond, 
with his approval endorsed thereon, The bond shall be filed for 
record with the county auditor. 
    Sec. 34.  Minnesota Statutes 1982, section 367.19, is 
amended to read: 
    367.19 [ORDER OF PAYMENT; INTEREST.] 
    Town orders shall bear interest at the rate of not to 
exceed six percent provided in section 475.55 from the date when 
presented to the treasurer for payment, and shall be paid in the 
order in which they are registered, out of the first money that 
comes into the treasurer's hands for that purpose.  
    Sec. 35.  Minnesota Statutes 1982, section 367.23, is 
amended to read: 
    367.23 [BONDS, HOW EXECUTED.] 
    Every bond required of a town officer shall be executed to 
the town by its name and, when no other provision is made, shall 
be in a sum fixed by the town board; and, if none be is fixed, 
then in the sum of the bond of the last incumbent of the office. 
Every bond shall be approved by the chairman, in writing 
thereon, and filed with the town clerk within the time 
prescribed for filing the oath of office, except the bonds of 
the clerk and the treasurer, which shall be filed with the clerk 
of the district court and the county recorder, respectively 
county auditor.  Whenever the town board deems any bond 
insufficient, it may require an additional bond to be made and 
filed, in a sum, and within a time not less than ten days, to be 
fixed by it. 
    Sec. 36.  Minnesota Statutes 1982, section 367.24, is 
amended to read: 
    367.24 [FEES AND DUTIES OF POUNDMASTERS.] 
    Poundmasters shall be allowed fees as follows in amounts as 
determined by the town board for the following: 
    (1) For Taking animals into the pound and discharging the 
same: them;  
    (a) Sheep, three cents each, 
    (b) Hogs, five cents each, 
    (c) All other animals, ten cents each;  
    (2) Keeping animals in pound, 20 cents for each 24 hours; 
and 
    (3) For Selling impounded animals, two percent of the 
amount of sale.  
    The poundmaster shall have a lien on impounded animals for 
his fees, which shall be paid before such animals are 
discharged.  If not discharged within four days, they shall be 
advertised by the poundmaster for sale at public auction to the 
highest bidder, at the place where impounded, upon 15 days' 
posted notice.  At the time and place fixed by the notice the 
poundmaster shall sell the same pursuant thereto.  Out of the 
moneys received from such sale he shall deduct his fees and 
charges, and pay the balance to the chairman of the town board 
and, at the same time, deliver to the chairman a correct written 
description of each animal sold and a statement of the amount 
received for the same.  He shall take duplicate receipts 
therefor, one of which shall be filed with the clerk.  If the 
owner of any animal so sold appears within six months 30 days, 
the money received by the chairman shall be paid to him.  If not 
claimed within that time, it shall be paid into the town 
treasury.  
    Sec. 37.  Minnesota Statutes 1982, section 367.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [OPTION B; APPOINTMENT OF CLERK AND TREASURER.] 
Any town may provide for the appointment by the town board of 
its clerk and or treasurer, or both, or clerk-treasurer, as 
hereinafter provided for in Laws 1975, Chapter 274.  This option 
shall be referred to as option B. 
    Sec. 38.  Minnesota Statutes 1982, section 367.31, 
subdivision 6, is amended to read: 
    Subd. 6.  [ABANDONMENT OF OPTIONS; THREE-YEAR LIMITATION.] 
At any time more than three years after the adoption of an 
option, the question of abandonment of the option may be 
submitted to the electors, in the same manner as provided for 
the submission of the question of adoption, except that in the 
statement of the question on the ballot, the word "abandoned" 
shall be substituted for the word "adopted".  If a majority of 
the votes cast on the question is in favor of abandonment, the 
plan shall be abandoned.  Subject to the provisions for 
transition back to the regular form of town government, the form 
of town government existing prior to adoption of the abandoned 
option shall be resumed in the town.  Option A shall not be 
abandoned in any town exercising the powers of a statutory city 
pursuant to section 368.01 or pursuant to a special law granting 
substantially similar powers.  
    Sec. 39.  Minnesota Statutes 1982, section 368.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TOWNS DESCRIBED.] Any town having therein 
platted portions in which there reside 1,200 or more people or 
any towns having platted area within 20 miles of the city hall 
of a city of the first class having over 200,000 population 
shall have and possess the powers enumerated in this section.  
The town board thereof may adopt, amend, or repeal ordinances, 
and rules, and bylaws for any purposes enumerated as it deems 
expedient.  
    Sec. 40.  Minnesota Statutes 1982, section 368.01, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CERTAIN OTHER TOWNS.] Any town with a 
population of 1,000 or more according to the most recent federal 
decennial census or special census or population estimate as 
provided in section 44 that does not otherwise qualify pursuant 
to subdivision 1 to exercise the powers enumerated in this 
section, shall have and possess the enumerated powers upon an 
affirmative vote of the electors of the town at the annual town 
meeting.  
    Sec. 41.  Minnesota Statutes 1982, section 368.01, 
subdivision 21, is amended to read: 
    Subd. 21.  [ENACTMENT OF ORDINANCES.] Every ordinance shall 
be enacted by a majority vote of all the members of the town 
board except where a larger number is required by law.  It shall 
be signed by the chairman of the town board, attested by the 
clerk and published once in the official a qualified newspaper 
having general circulation within the town.  If the town board 
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 town board may by a two-thirds vote 
of its members, or a four-fifths vote of its members in a town 
having a five-member board direct that only the title of the 
ordinance and a summary be published with notice that a printed 
copy of the ordinance is available for inspection by any person 
during regular office hours of the town clerk and any other 
location which the town board 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 town board designates.  Prior to Before the publication of 
the title and summary the town board 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 Town Board of Supervisors 
........ ordains:". 
    Sec. 42.  Minnesota Statutes 1982, section 368.01, 
subdivision 22, is amended to read: 
    Subd. 22.  [PENALTIES.] The town board of supervisors shall 
have the power to declare that the violation of any ordinance 
shall be a penal offense and to prescribe penalties therefor.  
No such penalty shall exceed a fine of $300 or imprisonment in a 
statutory city or county jail for a period of 90 days, or both 
that which is provided by law for a misdemeanor, but in either 
case the costs of prosecution may be added.  
    Sec. 43.  Minnesota Statutes 1982, section 368.01, 
subdivision 26, is amended to read: 
    Subd. 26.  [FINES AND PENALTIES.] All fines, forfeitures, 
and penalties recovered for the violation of any statute or 
ordinance to which the town is entitled by law shall be paid 
into the town treasury.  Every court or officer receiving such 
moneys money for the violation, shall make return thereof it 
under oath on or before the tenth day after the last day of the 
month during which the moneys were received in accordance with 
law, and be entitled to duplicate receipts for the amounts 
paid.  One of the receipts shall be filed with the town clerk. 
    Sec. 44.  [368.015] [TOWNS; CENSUS.] 
    A town board may by resolution, in any year, request the 
state demographer to take a special census of the town or make 
an estimate of the population of the town for the purpose of 
being eligible to exercise the powers contained in section 
368.01 as provided in section 368.01, subdivision 1a.  A cost 
for the special census or estimate shall be borne by the town.  
    Sec. 45.  Minnesota Statutes 1982, section 368.121, is 
amended to read: 
    368.121 [EMPLOYMENT OF ATTORNEY; FEES.] 
    The town board of supervisors in any town may employ an 
attorney and pay up to $5,000 $15,000 in attorney's fees 
annually without an affirmative vote of or approval by the 
electors of the town. 
    Sec. 46.  Minnesota Statutes 1982, section 450.19, is 
amended to read: 
    450.19 [TOURIST CAMPING GROUNDS.] 
    All cities and towns in the state are hereby authorized and 
empowered to establish and maintain public tourist camping 
grounds and the council or other legislative or governing body 
thereof is hereby empowered to acquire, by lease, purchase, or 
by gift, suitable lands located either within or without the 
corporate limits for use as public tourist camping grounds and 
to provide for the equipment, operation, and maintenance of the 
same.  The amount expended for the acquisition of public tourist 
camping grounds shall not exceed the sum of $6,000.  The amount 
that may be expended for the maintenance, improvement, or 
operation of tourist camping grounds shall not exceed, in any 
one year, a sum equal to the amount which may be raised by a 
one-third of one mill tax upon the taxable property of the 
municipality and in no event to exceed the sum of $5,000 per 
annum.  
    Sec. 47.  Minnesota Statutes 1982, section 624.51, is 
amended to read: 
    624.51 [HOURS.] 
    No public dance shall be held or conducted between the 
hours of one o'clock and six o'clock a.m., of any day; provided, 
that no public dance shall be held or conducted on Sunday 
between the hours of one o'clock a.m. and 12 o'clock noon 
thereof.  In all other cases the public authorities issuing the 
permit herein provided for may, if they so desire, fix the hours 
within which public dances may be held, not inconsistent 
herewith, and shall also have authority, by ordinance, or 
resolution, or bylaw, to regulate or to prohibit the same on 
Sunday, within the limits of the city or territory within which 
such public authorities may grant permits for public dancing as 
herein provided.  
    Sec. 48.  [REPEALER.] 
    Minnesota Statutes 1982, sections 365.105; 365.106; 365.12; 
366.06; 367.035; 367.05, subdivision 2; 368.01, subdivisions 17 
and 28; 368.02; 368.03; 368.04; 368.05; 368.06; 368.07; 368.08; 
368.09; 368.10; 368.11; and 368.86, are repealed. 
    Approved April 25, 1984