Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 109-H.F.No. 516
An act relating to counties; authorizing reimbursement
to county commissioners and county officers for
certain expenses; renaming the county executive
secretary; fixing expenditure authority for certain
county activities; removing provisions for county
purchasing agents and demonstration and experiment
farms; revising the language of the text of chapters
concerning county powers and county boards; amending
Minnesota Statutes 1984, sections 375.055, by adding a
subdivision; 375.48, subdivisions 1 and 2; 375.49,
subdivisions 1 and 2; 375.50; 375A.07, subdivision 1;
475.52, subdivision 3; chapters 370; 371; 372; 374;
376; 377; 392; and 395; proposing new law coded in
Minnesota Statutes, chapter 382; repealing Minnesota
Statutes 1984, sections 374.05; 377.02; 377.04;
392.01; 392.02; 392.03; 395.01; 395.02; and 395.03.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, chapter 370, is
amended to read:
370.01 [CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.]
The boundaries of counties may be changed by taking
territory from a county and attaching the same it to an
adjoining county, and new counties may be established out of
territory of one or more existing counties, as hereinafter
provided. No such A new county shall contain less than at
least 400 square miles, nor have less than at least 2,000
inhabitants, nor shall it and have an assessed valuation of less
than at least $4,000,000. No An existing county shall not be
reduced in area below 400 square miles, nor so as to have less
than 2,000 inhabitants, nor so as to or have an assessed
valuation of less than $4,000,000.
In existing counties having an area of more than 3,500 and
less than 6,000 square miles, boundaries may be changed and new
counties established having an assessed valuation of not less
than at least $2,500,000.
No change in the boundaries of any county having an area of
more than 2,500 square miles, whether by the creation of a new
county, or otherwise, shall detach from such the existing county
any territory within 12 miles of the county-seat thereof.
370.02 [PETITION.]
A separate petition for each affected county to be affected
thereby, signed by the voters therein equal in number to at
least one-fourth of those voting in such the county at the last
preceding election, giving the residence of each signer, may be
filed with the secretary of state, and a copy thereof with the
auditor of each county, not less than at least 90 days before
any general election, praying for requesting a change of county
boundaries, or that a new county be is established out of
territory to be taken from one or more existing counties. If
the petition be is for a change of boundaries, it shall must
contain a description of the territory to be taken, the name of
the county from which the same territory is to be detached, and
the county to which the territory is to be attached;. If the
petition is for the establishment of a new county, the petition
shall it must state the name of the proposed new county, a
description of the territory to be included therein, giving
boundaries, the name and location of the proposed county-seat,
and the names and places of residence of the persons who shall
constitute the first county board.
370.03 [PROCLAMATION; ONLY ONE PROPOSITION.]
If it appears that each petition is signed by the requisite
number of persons who are voters in each of the affected
counties affected, of which latter fact the affidavits of the
persons procuring the signatures thereto shall be prima facie
evidence, the secretary of state shall notify the governor of
the filing thereof, who, not less than 60 days before such
election,. The affidavits of the persons obtaining the
signatures shall be prima facie evidence that each petition is
signed by persons who are voters in each of the affected
counties. The governor shall issue his a proclamation, reciting
at least 60 days before the election, stating that such the
petitions have been so filed, and the substance thereof of the
petitions, and directing that the question of such change of
boundaries, or the establishment of such a new county, as the
case may be, be submitted to the voters of the affected counties
to be affected thereby at such the election; but in no case
shall. No more than one proposition may be submitted at the
same election, except for mutual exchange of territory between
counties.
370.04 [RECORD PETITION; PUBLISH NOTICE.]
Upon issuance of the proclamation, the secretary of state
shall record the petitions, affidavits, and proclamation, and
transmit a certified copy of the proclamation, by mail, to the
auditor of each county.
370.05 [NOTICE OF ELECTION; FORM OF BALLOT.]
The notice of the next general election of county officers
shall must specify that the question of forming the new county,
or changing the boundaries of existing counties, as the case may
be, will be voted upon at such the election, and shall must
state substantially the facts set forth in the petition. If the
proposition be is for a change of boundaries, the ballots shall
have printed thereon include the words: "For changing county
boundaries. Yes. No." If for the establishment of a new
county, the words: "For a new county. Yes. No. ". Each of
the last two words, "yes" and "no," shall be followed by a
square in which the voter may make a cross to indicate his
choice.
370.06 [CANVASS; JUDGES OF ELECTION; COUNTY CANVASSING
BOARD.]
The judges of election judges, in addition to the returns
required in other cases, shall, within 24 hours after the
canvass is completed, transmit to the secretary of state, by
certified mail, their certificate of the number of votes cast
for and against any proposition submitted; and within 24 hours
after the canvass is completed. The county canvassing board
shall make return of the vote as in the case of votes for state
officers, and. The return shall also must show the result of
the vote for and against any proposition submitted, in such the
proposed new county, as well as in the entire county affected by
such the election.
370.07 [CANVASS; PROCLAMATION; SECRETARY OF STATE; AUDITOR;
NOTICE TO COUNTY COMMISSIONERS.]
The state canvassing board shall canvass such the returns
at the time of canvassing the votes cast for state officers, and
in the same manner; and it. The board may resort to use the
returns received from the election judges for the correction of
to correct errors and supply omissions 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 a certificate declaring the
result of the vote; and, with the secretary of state. If the
certificate shows that the proposition has received a majority
of the votes cast thereon in each affected 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 a
proclamation declaring that the same proposition has been
adopted within ten days after completion of the canvass. 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, if the proposition was for
the establishment of a new county, serve a certified copy 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.
370.08 [EFFECT OF PROCLAMATION.]
Upon the issuance of the proclamation, the proposed change
of boundaries shall become becomes effective; and,. If the
proposition was for the establishment of a new county, it shall
thereupon become becomes duly organized; but. The territory
included therein of the new county shall remain attached, for
judicial purposes, to the county from which it was taken, until
the officers of the new county have been appointed and have
qualified, as provided in section 370.09.
370.09 [COMMISSIONERS TO QUALIFY, ELECT CLERK, APPOINT
COUNTY OFFICERS.]
Immediately after the service upon them of copies of the
governor's proclamation, the persons chosen as commissioners
shall meet at the place named as the county-seat and qualify.
The county board shall elect one of its members to act as clerk
until the auditor shall have is qualified; and shall then
appoint the county officers, beginning with the auditor, and the
appointed persons so appointed shall qualify as required by law.
370.10 [FILLING VACANCY IN COMMISSIONER DISTRICT CAUSED BY
CHANGE OF BOUNDARIES.]
In all cases when If a change in the boundaries of any a
county shall have heretofore resulted, or shall hereafter
result, in the abolishment of any abolishes a commissioner
district or districts in the county, by the removal of all the
territory of such the district or districts from the original
county, or otherwise, or in creates a vacancy or vacancies in
the board of county commissioners of the original county, for
the filling of which provision is not otherwise made provided
for by law, and when in such case the board of county
commissioners shall be is left with less than five members or
with an even number of members, the governor shall forthwith
immediately, upon the issuance of his the proclamation declaring
such the change in the boundaries of any county, appoint a
sufficient number of members to complete a board of five
commissioners for the county; or, if the board, after the change
of boundaries, shall have been is left with more than five
members, to complete a board consisting of an odd number of
members, and shall designate, in his the appointment, the name
of the retiring commissioner succeeded by each commissioner
appointed by him.
370.11 [COMMISSIONER AT LARGE; QUALIFICATION.]
Each commissioner so appointed by the governor shall be
chosen from the county for which he is appointed, shall not be a
resident of any town which already has a member on the board,
and shall be known as a commissioner at large. The appointment
shall at once be communicated to the auditor of the county, who
shall immediately notify the appointee; and the. The latter
appointee shall qualify as such a commissioner, in the same
manner required as to other commissioners in the same county, at
any time within five days after notice of his the appointment.
His Failure so to do so shall be deemed considered a refusal
of the office, and the governor shall thereupon appoint another
commissioner at large in his stead, and similar proceedings the
same procedure shall be had as before followed until the vacancy
shall be is filled.
370.12 [DUTIES OF AUDITOR; MEETING OF BOARD.]
Immediately upon the appointment and qualification of such
the commissioner or commissioners at large the county auditor
shall give written notice, in writing, delivered personally or
by mail, to each commissioner in the county, of a meeting of the
board, which. The meeting shall be held not less than at least
five, nor but not more than ten, days thereafter, and, together
with such other business as may then come up for
attention, after notice is given. The meeting's business shall
include any business which may have been required by law, or by
previous proceedings, to be transacted by the board of the
county board at a meeting held after such the change of
boundaries became effective and before the vacancies thereby
caused created were filled, and which shall was not have been
then transacted, shall be disposed of at the meeting so held
after the qualification of such the commissioner or
commissioners at large, and shall have like the effect and
validity as if accomplished at the prior meeting; and. Further
proceedings required to follow the commissioners' action on such
these matters shall be taken within the times or on the dates
provided by law, or within such a reasonable time thereafter as
will permit of the after giving notice as required by law and of
the earliest possible adjustment of affairs to the usual routine.
370.13 [REDISTRICTING OF COUNTY; SUBSEQUENT ELECTION.]
At least six months before the next general election in the
county held next after the appointment and qualification of the
commissioner or commissioners at large, unless there is less
time shall intervene between such the appointment and
qualification and the election, in which event the action herein
provided for shall be taken at the first meeting after such the
commissioners shall have qualified, the board shall proceed to
re-divide its the county into five commissioner districts, five
in number, to be numbered from 1 to 5, unless otherwise provided
by law; and,. At the next general election held in the county
after such the redistricting, a commissioner shall be elected
from each district, the member from each odd-numbered district
to hold for the term of two years a two-year term, and the
member from each even-numbered district to hold for the term of
four years a four-year term, and thereafter all commissioners,
except those elected or appointed to fill vacancies for
unexpired terms, shall be elected for the term of four years
four-year terms. If, upon such the redistricting, causes any
new district shall to cover the same territory as any one of the
old districts, the commissioner elected from such the old
district shall continue to act as commissioner from the new
district for the remainder of the term for which he was
elected. In case a contest, or other litigation, shall be is
pending involving the legality of the change of boundaries of
the county, the redistricting herein provided for shall not be
made until after such the contest, or other litigation, has been
finally determined in favor of such the change of boundaries.
In such this event, if the term of any commissioner at
large shall expire expires before the county is redistricted,
his a successor shall be elected by the voters of the entire
county, whose for a term shall be of four years, unless sooner
ended, as in under this chapter provided for, or otherwise.
370.14 [BOUNDARIES RESTORED AFTER CONTEST.]
If, as the result of a contest, or other litigation,
involving the change of boundaries of any such county, it shall
follow, after the appointment or election of any commissioner or
commissioners at large, that the territory detached from the
county by the change of boundaries shall, by final determination
of the courts, be is restored to it by the final determination
of the courts as a result of a contest or other litigation
concerning the change of boundaries of the county, after the
appointment or election of the commissioner or commissioners at
large, the term of office of all such commissioners each
commissioner at large shall at once terminate upon immediately
after the election or appointment and qualification of a
commissioner for the district of the former commissioner whose
place on the board is occupied by him; and, the commissioner at
large. If the term for which the former commissioner was
elected shall has not have expired, he the former commissioner
shall, within 30 days after the final determination
restoring his the district to the county, qualify as required by
law and hold his office for the remainder of his the term;.
Otherwise the vacancy shall be filled by appointment as in other
cases.
370.15 [CENTER LINE OF HIGHWAY TO BE BOUNDARY OF COUNTY IN
CERTAIN CASES.]
Where a city of the fourth class is situated in one county
and such city adjoins a city of the first class in another
county, and where the center line of a highway runs running
along the boundary line between these cities and the boundary
line between the counties and where the center line of the
highway deviates from the boundary line between these cities and
counties, but the boundary line between the cities and counties
is within or on the lateral limits of the highway, then the
center line of the highway between the cities and the counties
shall be established as the boundary line between the city of
the fourth class and the city of the first class and as the
boundary line between the counties in which the cities are
situated cities and the counties.
370.17 [TOWNS, SCHOOL, AND ROAD DISTRICTS.]
The several towns, school districts, and road districts
whose boundaries are unaffected by the change of county lines
shall continue to be such the same in the new county, or county
to which transferred, under the same officers as before.
Fractions of such towns or districts as are divided by the
changed county lines shall be reorganized by the county board of
the county in which they are placed, or be attached to adjoining
towns or districts, as the board shall deem considers best.
370.18 [RECORDS TRANSCRIBED.]
All records in the office of the county recorder affecting
real estate transferred under this chapter from one county to
another shall be transcribed by the county recorder of the
county to which such the transfer is made, and he shall receive
such compensation therefor as the board of commissioners of the
county to which the records are transmitted shall fix. In like
the same manner and with like effect, the county auditor shall
transcribe from the auditor's office such the records and
documents as that the county board shall direct, for which he
shall receive six cents per folio directs. The board of
commissioners of the county to which the records are transmitted
shall pay the county recorder and the county auditor for
transcribing the records. These transcribed records shall have
the same effect, for all purposes, as the originals.
370.19 [TAXES; LEVY; COLLECTION.]
No transfer of territory under the provisions of this
chapter shall affect the collection of taxes levied at the date
of the filing of the petition therefor, but all such. The taxes
shall be collected by the officers of the original county, and
all moneys then money remaining in or afterward coming into the
treasury of the original county, or into the possession of
any county officer of the county, and belonging to any town,
school, or road district in the territory transferred, shall be
apportioned and paid over to such the town or district in the
same manner as if such the town or district had remained a part
of such the original county. After the filing of the petition
no county tax shall be extended, by or on behalf of the original
county, upon any property within the territory proposed to be
transferred, unless and until the proposed change shall have has
been rejected.
370.20 [NEW COUNTIES; TAX LEVY.]
When a new county shall have has been, or may hereafter be,
created and organized out of territory embraced within the
boundaries of one or more organized counties in the state, the
county board of the newly created new county may, immediately
upon the or within 90 days after its organization thereof, or at
any time within 90 days thereafter, levy a tax for county
purposes for the current year, subject to the limitations now
provided by law, and the county auditor of the county shall
forthwith extend the same tax upon the auditor's tax books of
his office, and it shall be. The tax is due and payable from
and after 30 days from the date of the levy thereof, and shall
be paid and collected as other taxes for county purposes are now
paid and collected; and any and. All tax levies made for county
purposes by the county board of the county or counties out of
which the new county is created and organized, during the year
immediately preceding the organization of the new county, so far
as the same shall which affect the territory embraced within the
boundary of the new county, are vacated and any
extension thereof is hereby declared void.
370.21 [TRANSFER OF PLATS.]
The county recorder of the county from which a land
transfer is made under this chapter shall deliver the records,
or certified copies, of the original plats of lands embraced
land in the territory transferred to another county under the
provisions of this chapter, on file or of record in the office
of the county recorder of the county from which the transfer is
made, or certified copies thereof, shall be delivered by such
county recorder, to the county recorder of the county to which
the territory is transferred, and by him filed and
recorded. The county recorder of the county to which a land
transfer is made shall then record and file the records.
370.22 [COUNTY INDEBTEDNESS; COUNTY BUILDINGS.]
All transferred territory so transferred shall continue is
liable for its proportion of the excess, if any, of the
indebtedness of the original county above the value of its
county buildings and of the balance of funds in its
treasury. Such The share shall be based upon the last
assessment, and the value of the buildings, unless agreed upon
by the respective county boards, shall be fixed by the sworn
appraisal of three disinterested citizens, none of whom shall be
a resident or taxpayer in either county, and who shall be
appointed by the governor, upon the written application of the
board of either county. The appraisal shall be in writing,
subscribed and verified by at least two of such appraisers, and
filed in the office of the secretary of state, and shall be
final and conclusive. Within five days after the filing of the
appraisal, the secretary of state shall transmit to the auditor
of each of such the counties a certified copy of the appraisal,
application, appointment and oath.
370.23 [COUNTY BONDS; PAYMENT AND ISSUE.]
The county board of the county to which such territory is
transferred shall make provision for payment of such pay for
indebtedness by levying a tax therefor at the time fixed by law
for so doing; and, for the purpose of meeting any portion of the
indebtedness which may become due before the same it can be
raised by taxation, and providing for the necessary county
expenses, such the board in any such new county may issue bonds
of its county, with coupons attached, for not exceeding in
amount the sum of more than $10,000, to run for a period of not
more than ten years, bearing interest at a rate not exceeding
six percent per annum of interest as authorized under section
475.55.
370.24 [PENALTY FOR REFUSAL TO ACT.]
The validity of the establishment of any such new county
shall not be affected by the failure or refusal of any county
officer to do any of the acts or things required by this
chapter, but any officer who shall refuse refuses or wilfully
neglect neglects to perform any required duty herein required
shall be is guilty of malfeasance in office.
Sec. 2. Minnesota Statutes 1984, chapter 371, is amended
to read:
371.01 [COUNTIES MAY CONSOLIDATE.]
Two or more counties may be consolidated into a single
county in the manner provided in this chapter.
371.02 [PETITION.]
A petition for each affected county to be affected thereby,
signed by voters thereof equal in number to at least one-fourth
of those voting in such the county at the last preceding
biennial general election, giving the residence of each signer,
shall be filed with the secretary of state not less than at
least 90 days before any general election, praying for
requesting the consolidation of the counties therein named,
specifying the name of the proposed new county and the name and
location of the proposed county-seat.
371.03 [PROCLAMATION.]
If it appears that each petition is signed by the requisite
number of persons who are voters in each of the affected
counties affected, of which latter fact the affidavits of
persons procuring the signatures thereto shall be prima facie
evidence; and, if the petition otherwise conforms to the
requirements of section 371.02, the secretary of state shall
notify the governor of the filing thereof, who, not less than 60
days before such general election,. The affidavits of persons
obtaining the signatures shall be prima facie evidence that each
petition is signed by persons who are voters in each of the
affected counties. The governor shall issue his a proclamation
reciting at least 60 days before the election, stating that such
the petitions have been so filed, the substance thereof of the
petitions, and directing that the question of such consolidation
shall be submitted to the voters of the respective affected
counties to be affected thereby at such the election.
371.04 [NOTICE OF PROCLAMATION.]
Upon the issuing of After the proclamation is issued, the
secretary of state shall record the petitions, affidavits, and
proclamation, and transmit a certified copy of the proclamation,
by mail, to the auditor of each county.
371.05 [NOTICE OF ELECTION.]
The notice of such the general election shall must specify
that the question of consolidating the counties will be voted
upon at such the election, and shall state substantially the
facts set forth in the petition. The ballots upon such for the
proposition shall have printed thereon include the words:
"Shall the following named counties (inserting the names)
be consolidated into a single county?
Yes ..........
No .........."
371.06 [JUDGES; CANVASS OF VOTES.]
The election judges of election, in addition to the returns
required in other cases, shall canvass, count, certify, and
return, as in such other cases, to the county auditor the votes
cast upon the proposition, and. The county canvassing board
shall canvass and make return of such the votes as in the case
of votes for state officers, which. The return shall must show
the result of such the vote for and against the proposition so
submitted.
371.07 [STATE CANVASSING BOARD TO CANVASS RETURNS.]
The state canvassing board shall canvass such the returns
at the time of canvassing the votes cast for state officers, and
in the same manner. When the canvass is completed the board
shall make and file with the secretary of state its a
certificate declaring the result of the vote with the secretary
of state, showing the number of votes cast in each county for
and against consolidation. If 60 percent of the votes
cast thereon in each affected county affected by the proposed
consolidation be in favor thereof is for the consolidation, the
secretary of state shall record the certificate and shall
deliver a certified copy thereof to the governor, who shall
issue a proclamation declaring the result. Upon the issuance of
After the proclamation is issued by the governor, the
consolidation shall become is effective and operative on the
first day of January 1 following such the general election.
371.08 [GOVERNOR TO APPOINT FIRST COUNTY BOARD.]
The governor shall, within 60 days after issuing such
proclamation, appoint five qualified electors residing within
the territory of such consolidated county to constitute the
first board of county commissioners for the new county, within
60 days after issuing the proclamation, who shall qualify as
provided by law. The several officers of each affected county
so affected shall continue in office until the consolidation
proceedings become effective, as provided in this chapter, with
all the powers and duties of their respective offices, except as
provided in this chapter.
371.09 [MEETING OF COUNTY BOARD.]
The board of county commissioners for the new county shall
meet at the county-seat at a time designated in the order of the
governor appointing them and elect one of its number as
chairman. The auditor of the county in which the county-seat is
located shall act for and be as the recording officer of the
board until the consolidation proceedings become effective.
At such the meeting, or at any adjournment thereof, the board
shall divide the new county into commissioner districts by an
order defining the boundaries of each district, which. The
order shall be filed with the auditor of each county affected.
371.10 [DUTIES OF COUNTY BOARD.]
The board of county commissioners shall meet at a time in
July to be fixed by it, and shall levy a tax for such the new
county in the manner now provided by law for levying taxes for
county purposes; and. The chairman thereof shall certify to the
auditor of each county affected thereby the amount so levied,
and. The county boards of the respective counties so to be
consolidated shall not in such year levy any tax for county
purposes in this year.
371.11 [COUNTY AUDITORS TO MEET.]
At the time of levying such When the tax is levied, the
county board shall fix set a time for a meeting of the auditors
of the counties affected and shall certify such the date to the
county auditors at the time of when certifying the levy. At the
time specified The county auditors shall meet at the county-seat
and shall, at that meeting, or any adjournment thereof,
ascertain and determine set the tax rate of taxation for such
the new county, based upon the aggregate assessed valuation of
the consolidated counties, and at that meeting or any
adjournment. Each auditor shall extend such the taxes within
his the county in the manner provided by law, and shall, on the
first Monday in January following, deliver the appropriate books
to the treasurer of the new county for collection on the first
Monday in the following January, as provided by law.
The several officers of the new county shall have all the powers
and be subject to all the duties in reference to for the
collection of delinquent taxes levied by the consolidated
counties as would have been previously possessed and performed
by the several officers of the respective counties had no before
the consolidation been effected became effective.
371.12 [COUNTY BOARD TO APPOINT NEW OFFICERS.]
The county board of the new county shall, prior to the date
on which the consolidation becomes effective, appoint electors
residing within such the new county to the several county
offices thereof, who before the consolidation becomes
effective. The new officers shall qualify on the date that such
the consolidation becomes effective, in the manner now as
provided by law therefor. All the books, records, and files of
the several offices of the consolidated counties shall be
delivered to the appropriate officers of the new county.
371.13 [COUNTY BOARD TO PROVIDE COURTHOUSE.]
The county board of such the new county shall, on or before
the date such consolidation becomes effective, make appropriate
arrangements for suitable offices for the several county
officers before the consolidation becomes effective. If the
county is not going to succeed to any building or buildings
appropriate for such this purpose, the board is authorized to
may lease suitable space or buildings.
371.14 [TITLE TO PROPERTIES OF ALL COUNTIES TO BECOME
VESTED IN NEW COUNTY.]
Upon When the consolidation becoming becomes effective, the
new county shall become vested with the title to all real and
personal property, other than moneys money in cash or on
deposit, of the consolidated counties. The territory embraced
within the consolidated counties shall remain liable for all
indebtedness of the respective counties outstanding and unpaid
at the time when the consolidation becomes effective.
Any moneys money on hand, in cash or on deposit, at the time and
the proceeds of any tax levied by the respective counties, when
and as collected, shall be applied on the indebtedness. The
appropriate officers of the new county shall from time to time
levy such a tax as may be necessary to provide funds for the
payment of such to pay the indebtedness as it becomes due,
which. The tax shall be spread against the liable taxable
property liable therefor. The new county shall have authority
to enforce any contract and to collect any claims of the several
consolidated counties by suit or otherwise.
371.15 [MAY ISSUE CERTIFICATES OF INDEBTEDNESS.]
At Any time after the county board has made the original
tax levy for such the new county and certified the same tax levy
to the respective auditors, it may issue the certificates of
indebtedness of such the new county in anticipation of the
collection of such the levy, which. Each certificate shall be
in writing, signed by the chairman, and attested by the
recording officer of the board, mature not later than before
December first 1 following the effective date of the
consolidation, and bear interest at a rate not greater than six
percent per annum as authorized under section 475.55.
Sec. 3. Minnesota Statutes 1984, chapter 372, is amended
to read:
372.01 [PETITION.]
When there shall be a petition is presented to the auditor
of any county a petition substantially in the following form:
"To the county board of the county of
............................., Minnesota: The undersigned legal
voters of this county pray request that the county-seat thereof
be changed to (here designate the place)," signed by legal
voters of the county to a number equal to not less than at least
60 percent of the whole number those voting therein in the
county at the last preceding general election, accompanied by
affidavits of not less than at least two of the signers thereof
stating that, to the knowledge of affiants,
(a) the petition signatures to the petition are genuine,
(b) they were subscribed thereto signed within 60 days
preceding before the date of the affidavits, and that affiants
are informed and believe that at the time of
(c) when signing the petition the petitioners were legal
voters of the county,
and it appearing that the notice of intention to circulate the
petition provided for in under section 372.02 has been was
given, the auditor shall forthwith immediately file the petition
and affidavits, and make, seal, and file in his the auditor's
office an order for a special meeting of the county board to
consider such the petition, specifying therein. The order shall
specify the time of the meeting, which shall be between nine
o'clock a.m. and five o'clock p.m., and not less than at least
15 nor but not more than 20 days after such the filing. The
auditor shall also cause serve a duplicate copy of the order
to be served upon each member of the board, personally or by
mail, not less than at least five days before the time specified
therein for such the meeting.
372.02 [FORM OF NOTICE.]
When the order is filed the auditor shall forthwith make,
seal, subscribe, and file in his the auditor's 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
requesting 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 have ten days'
posted notice of the meeting to be given in each town therein.
Proof of posting may be by the affidavit of any person having
personal knowledge thereof, which of the posting. The affidavit
shall be filed in the auditor's office of the auditor, and
thereafter be is prima facie evidence of the truth of the facts
therein set forth that the notice was posted. Two weeks' posted
notice of the intention to circulate such the petition shall
must be given at the county-seat. Proof of the posting shall be
made in like the same manner as in the case of notice of the
special meeting of the board.
372.03 [DUTIES OF COUNTY BOARD.]
At the time and place specified in the notice, proof of its
service having been filed, the county board shall meet to act on
the petition, and. The board shall inquire and determine which,
if any, of the signatures to the petition signatures are not
genuine; and which, if any, of the signers thereof were not, at
the time of signing the same, legal voters of the county; and
which, if any, of the signatures thereto were not attached
within 60 days preceding before the filing thereof; and, which,
if any, of the signatures have been withdrawn. All such
signatures shall be stricken from the petition and deducted from
the count, and a list thereof, certified by the board, shall be
filed forthwith with the auditor. Any competent evidence
offered bearing upon the matters committed to the determination
of the board shall be received; and to that end any voter of the
county may appear, in person or by counsel, and be heard in
respect to these matters, under such reasonable rules and
regulations as the board may prescribe.
372.04 [ORDER FIXING SETTING TIME OF ELECTION.]
If the names of the legal voters of the county remaining
affixed to the petition shall equal or exceed at least 60
percent of those voting therein at the last preceding general
election remain on the petition, the auditor, upon the after
filing of the certificate, shall make, under his official seal,
and file in his the auditor's office, an order fixing setting
the time of holding for a special election upon the question of
changing the county-seat to the place designated in the
petition, which shall not be less than at least 20 nor but not
more than 30 days after filing the certificate.
372.05 [NOTICE; MANNER OF SERVICE.]
Upon the filing of When the order is filed, the auditor
shall cause have two weeks' published notice of the election to
be given in all the newspapers in the county, and ten days'
posted notice in each town therein. The notice shall must be
substantially in the following form: "To the legal voters of
the county of (here name the county), Minnesota: Notice
is hereby given that a special election will be held in
the several election districts in the county on the (here insert
the time), for the purpose of voting to vote upon the question
of changing the county-seat of the county to (here designate the
place)." The auditor shall serve upon the clerk of each town
and city in the county personally or by mail a duplicate copy of
the notice, not less than at least 15 days previous to the time
so fixed for holding before the election.
372.06 [PLACE OF ELECTION; NOTICE.]
Upon receipt of When the notice is received, every such
clerk shall cause have ten days' posted notice of the
election to be given in each election district in his the town,
substantially in the following form: "To the legal voters of
the (here insert specifically the election district), in the
county of (here name county), Minnesota: Notice is hereby given
that a special election will be held at (here specify the
place), in the election district, on the (here insert the time),
for the purpose of voting to vote upon the question of changing
the county-seat of the county to (here designate the
place)." The clerk shall file one copy of the notice, with
proof of the posting, shall be filed by the clerk in his the
clerk's office.
372.07 [CONDUCT OF ELECTION.]
As far as practicable such the election shall be conducted,
and the votes cast, counted, returned, and canvassed, by the
same officials and under the same provisions of law as in the
case of general elections. The polls shall be opened at eight
o'clock a.m. and closed at five o'clock p.m. The ballots
shall have printed thereon include the words: "For changing the
county-seat to (here name the place). Yes. No," with a square
opposite each of the words "yes" and "no," in one of which each
the voter shall may make a cross to express indicate his
the voter's choice.
372.08 [CANVASS; CERTIFICATE OF CANVASSING BOARD.]
When the canvass is completed the canvassing board shall
forthwith immediately make, subscribe, and file with the auditor
a certificate setting forth stating 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
district for or against the same, change; the number cast in
favor of and against the change in the county,; and the majority
therein in the county for or against the same change. If 55
percent of all the votes cast at the election shall be are in
favor of the change, the board shall set a date not less than at
least 60 nor but not more than 90 days after the election after
which the place so chosen shall be to change the county-seat.
372.09 [ELECTIONS HELD ONLY ONCE IN FIVE YEARS.]
When an election for a change of county-seat shall have has
been held in any county no, a subsequent election for the
removal of the county-seat shall not be held therein, nor shall
any notice of intention to circulate a petition for such a
change shall not be published or posted, nor any such and a
petition shall not be circulated, until after for the expiration
of next five years; and no such. A subsequent election
shall not be ordered unless the petition for the change is
signed by legal voters to the number of 60 percent of those
voting in the county at the last preceding general election.
372.10 [DUPLICATE PETITIONS CONSOLIDATED.]
When two or more such petitions shall be are presented to
the county auditor substantially at the same time they shall be
attached together and thereafter constitute one petition.
372.11 [ONE PLACE ONLY VOTED FOR.]
No An election shall not be called or held under the
provisions of this chapter for voting to vote upon the question
of changing any county-seat to more than one place at the same
time and all such elections shall be held as far as practicable
at the same place of holding as the last preceding general
election.
372.12 [FAILURE TO GIVE NOTICE.]
Wilful failure or refusal by any an owner or manager of any
a newspaper to publish any notice required by this chapter shall
not affect the sufficiency of the notice, nor invalidate any of
the proceedings thereunder. Failure to post any notice shall be
disregarded unless it affirmatively appears that a sufficient
number of voters were thereby prevented from voting to change
the result.
372.13 [NEGLECT OF DUTY A MISDEMEANOR.]
Any county auditor or other official who shall wilfully
neglect neglects or refuse refuses to perform the duties
required of him by this chapter shall be is guilty of a
misdemeanor.
Sec. 4. Minnesota Statutes 1984, chapter 374, is amended
to read:
374.01 [COUNTY AND CITY OF FIRST CLASS MAY BUILD
COURTHOUSE.]
Any county in this state now or hereafter having within its
limits a city of the first class may, together with such the
city, jointly acquire land for, erect construct, equip, furnish,
maintain, and operate a joint court-house courthouse and city
hall building to be used jointly by such county and city.
374.02 [EXPENSE DIVIDED.]
The county and city shall share equally in the cost and
expense of acquiring land for, erecting constructing, equipping,
and furnishing such the building shall be borne equally by such
county and such city. The building shall not be erected
constructed or contracted to be erected and constructed, no land
shall be acquired therefor, and no bonds shall be issued or sold
by the county, as provided in section 374.03, until the city has
been authorized to issue bonds to defray pay its proportion
share of the cost of such land and building and the ordinances
providing for the issuance of such bonds bond issue have been
ratified by the vote of the electors of such the city in the
manner provided in the city charter of such city or by the laws
of the state of Minnesota law.
374.03 [ISSUANCE OF BONDS.]
At any time after such When the city shall have has been
so authorized to issue bonds to defray pay its part share of
the cost of acquiring a site and of erecting the city hall and
courthouse building, the county board of county commissioners of
any such county may issue and sell certificates of indebtedness
or bonds of such county to defray pay the county's portion
share of the cost of acquiring land for, erecting constructing,
equipping, and furnishing such the building in an amount, equal
to the amount of bonds authorized to be issued by such the city,
without submission to the vote of the electors of such the
county, and. The full faith and credit of the county shall must
be pledged to the payment of the principal and interest of such
the certificates of indebtedness or bonds. In no event shall
any such The county may not issue its certificates of
indebtedness or bonds for such this purpose in an amount
exceeding for more than $2,000,000. Such The certificates of
indebtedness or bonds may be issued in one or more instalments
installments, but the certificates of indebtedness or bonds of
each instalment shall installment must be serial bonds or
certificates of indebtedness, a portion of which shall be
payable each year after issue, but. None of these certificates
of indebtedness or bonds shall run for a longer term than 30
years from their date, and. The county board of county
commissioners shall fix the denominations thereof and shall fix
the dates of maturity of each instalment installment so that the
amounts necessary each year to pay the principal and interest
maturing in such the year shall be approximately the same in
each of the years during which the certificates of indebtedness
or bonds of the instalment installment shall run. Such The
certificates of indebtedness or bonds shall be sold in
accordance with the provisions of as provided under section
475.60. The at a rate of interest shall, in no case, exceed six
percent per annum authorized under section 475.55.
374.04 [BONDS; EXECUTION AND DELIVERY.]
Such bonds or certificates of indebtedness shall be
executed in such manner as The county board of county
commissioners shall, by resolution, determine the manner of
executing the bonds and certificates. The delivery of the bonds
or certificates of indebtedness so executed at any time
thereafter shall be valid, notwithstanding any change in such
officers or in the seal of the county occurring after such the
execution.
374.06 [TAX LEVY.]
The county board of county commissioners shall levy a tax,
at the time and in the manner prescribed by section 475.61, to
pay the principal and interest of such the bonds or certificates
of indebtedness. This section shall not be construed as
limiting to limit the power of a municipality to levy taxes to
pay its obligations issued hereunder, but the governing body of
every municipality shall have the authority and it shall be its
duty to levy any taxes necessary to provide revenue to pay such
the obligations.
374.07 [LIMITATIONS.]
The amount of indebtedness authorized to be incurred by any
such the county shall be in addition to and over and above any
limits now fixed by law.
374.08 [JUDGES TO APPOINT BUILDING COMMISSION.]
As soon as practicable after the city council of any such
city and the county board of commissioners of any such county
shall determine decide to proceed with the erection construction
of a joint court-house courthouse and city hall building, there
an advisory courthouse and city hall building commission of nine
members shall be appointed by, and serve at the pleasure
of, those persons who shall be the judges of the district court
of the judicial district of which such the county may be a part,
not acting in their judicial capacities, an advisory court-house
and city hall building commission of nine members, to be
selected as follows: two members from the membership of the
city council of such city; two members from the membership of
the county board of county commissioners of such county; and
five members at large who shall be freeholders landowners and
residents of such the county, one of whom shall reside outside
the limits of such the city.
374.09 [PROCEDURE IF JUDGES FAIL TO APPOINT.]
If the persons who shall be judges of the district court
for any reason shall fail to make appointments to the advisory
court-house courthouse and city hall building commission within
30 days after the city council of any such city and the board of
county commissioners of any such county have determined decide
to proceed with the erection construction of any such the
court-house courthouse and city hall building, then such the
advisory court-house courthouse and city hall building
commission, consisting of nine members, shall be appointed as
follows: four members to be appointed by the city council of
such city, two of whom shall be members of such the city
council; four members to be appointed by the county board of
county commissioners of such county, two of whom shall be
members of the county board of county commissioners; the ninth
member of the commission shall be appointed by a majority vote
of the members of the city council and the county board of
county commissioners sitting in joint session.
374.10 [WHO MAY BE MEMBERS OF COMMISSION.]
No more than two members of the advisory court-house
courthouse and city hall building commission shall be at any one
time members of the county board of county commissioners, and no
more than two of such the members shall be at any one time
members of the city council; and, in the event any person
appointed. If a member of the commission who was not at the
time of his appointment a member of either the city council or
the county board of county commissioners and shall
subsequently become becomes a member of either body, he the
person shall thereupon cease to be a member of the advisory
court-house courthouse and city hall building commission.
Immediately after the appointment of the commission, the
persons appointed as members thereof shall indicate their
acceptance of their appointment, in writing, filed with the
auditor of the county.
In case any If a person appointed as a member of the
commission shall fail so fails to file his written acceptance of
such the appointment within 20 days after such the appointment,
or in case any member shall die dies, resign resigns, or be
is removed from office, or in case any of the members a member
of the commission, who were appointed from the membership of the
city council or the county board of county commissioners, shall
cease ceases to be members a member of the council or board,
their successors a successor shall be appointed in the manner
and by the same persons as that originally appointed such the
member.
Immediately upon after the expiration of the 20 days
following the appointment of the members of the commission
members, or prior thereto upon after the filing of such
acceptance by all those appointed as members thereof, the
chairman of the county board of county commissioners shall call
a meeting of such the commission and shall preside at the first
meeting. At such meeting The commission shall select from its
own members a chairman and such other officers as it may deem
considers necessary.
374.11 [DUTY OF COMMISSION.]
As soon as practicable after the appointment of the members
of such the commission, it shall proceed to select a site or
sites for such the building and may contract with the owners
thereof for the acquisition of such to acquire the site or sites
by gift or purchase, which. The contract or contracts shall be
subject to ratification by the city council and board of county
commissioners; provided, that if the site selected be is not the
site of any then an existing court-house courthouse and city
hall building, then the site selected shall must be a site
located within one city block of the site of any an existing
court-house courthouse and city hall building. The commission
shall not recommend erection of constructing the court-house
courthouse and city hall on a new site, unless two-thirds of the
personnel of the commission members are in favor thereof and are
of the opinion, and . The commission's report shall so state in
the report of the commission, that the proposed new site is more
advantageous to the city and county than the site of the
existing court-house courthouse and city hall cannot be used for
such court-house and city hall in a manner as advantageous to
the city and county as the proposed new site and shall embody in
its report a statement of and the facts upon which it bases its
conclusions in this regard, and such this conclusion is based.
The new site shall must not be finally selected until the report
shall have has been published in the daily newspapers of the
city and an opportunity given for the public to present its
objections thereto, at a hearing on a date not earlier than held
at least 30 days after such the publication. As soon as
practicable after the selection of a site or sites, the
commission shall report to the city council and the board of
county commissioners, describing the property selected as a site
for the building, and the price at which the properties can be
acquired. Upon the filing of When the report is filed, the
county board of county commissioners and the city council shall
consider the report and may either reject the same or ratify the
action taken by the commissioners; and, in the event
that commission. If either or both of these bodies shall reject
rejects the commission's report of the commission, the
matter shall must be resubmitted to the commission for further
action. In the event that If the city council and the county
board of county commissioners shall approve approves the site
selected by the commission, but shall does not approve the price
at which the site or sites can be acquired, the city council and
the county board of county commissioners shall thereupon proceed
to acquire the property by eminent domain. The proceedings in
eminent domain for the acquisition of to acquire the property
may be instituted and carried to completion in the name of
either the city or the county, as may be determined by the city
council and county board of county commissioners, and. The
proceedings may be instituted and completed either under the
laws governing the condemnation of land by counties or under the
provisions of the city charter of such city relating to the
acquisition of land by eminent domain, or under the laws of the
state law relating to the acquisition by cities of land by
eminent domain.
The cost of acquiring this land, whether acquired by
purchase or eminent domain, shall be paid one-half by such the
county and one-half by such the city; and, in case. If the
property is acquired by eminent domain in proceedings instituted
and completed by such the city, the county shall reimburse it
for one-half of the cost and expense of acquiring such the land
and one-half of the expense incident thereto; and,. If the
proceedings are instituted and completed by such the county, the
city shall likewise reimburse the county in the same manner.
All land acquired as a site for such court-house the courthouse
and city hall building shall be owned jointly by such the county
and such the city; and, in case. If the entire tract is
acquired by either such the city or such the county, it shall
convey an undivided one-half interest thereof shall be conveyed
to the other upon reimbursement for one-half of the cost of
acquiring the same land.
374.12 [PLANS AND SPECIFICATIONS DRAWN.]
Either before or after the selection of the building
site of such building, the commission shall cause to be prepared
have plans and specifications for such the building prepared and
may employ architects, engineers, draftsmen, and such clerical
help as may be deemed necessary for the purpose of preparing
such to prepare the plans and specifications. The compensation
of such employees shall be fixed by The commission and shall be
paid in equal parts by shall set the compensation of the
employees. The city and the county upon presentation of shall
pay the compensation in equal parts when presented with
statements therefor certified to be correct by a majority of
such the commission. All such contracts and employments
employment shall be subject to approval by the city council and
county board of county commissioners. Upon When the
completion of the plans and specifications for such the building
are completed, the commission shall submit the same them to the
city council and the county board of county commissioners for
approval. The council and board shall thereupon approve the
proposed plans and specifications, or reject them and resubmit
them to the commission for further consideration; and,. When
the plans and specifications are satisfactory to both the city
council and the county board of county commissioners, each of
those bodies shall thereupon pass a resolution authorizing and
instructing the commission to proceed with the work.
374.13 [TO ADVERTISE FOR BIDS.]
Upon the completion of such When the plans and
specifications are completed and their approval or
adoption approved by the city council and the county board of
county commissioners, the commission shall, 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. 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 for the opening of bids or proposals. At the
time and place specified for the opening of bids or proposals,
the commission shall meet, open the bids or proposals, and
tabulate the same them, 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 If all bids or proposals are rejected,
the commission may, after similar notice, obtain more bids or
proposals or may modify or change the plans and specifications
and submit such the modified plans and specifications to the
city council and the county board of county commissioners for
approval, and. When such the modified or changed plans and
specifications are satisfactory to both the city council and the
county board of county commissioners, the plans and
specifications shall be returned to the commission and the
commission shall proceed to again, after similar notice, to
obtain bids or proposals. Any such contract awarded by the
commission shall be subject to approval by the city council and
the county board of county commissioners.
374.14 [CERTIFIED CHECKS WITH ALL BIDS.]
Each person submitting bids or proposals under the terms of
section 374.13 shall file with his the bid or proposal a
certified check in an amount prescribed in the specifications of
the commission for the building, to be retained as liquidated
damages and divided equally between the city and county in case
of failure to enter into a contract if he it is awarded the same.
All contracts shall be in writing and shall be made in the
name of the county and city proposing to erect such building,
and shall be executed in their behalf of such county and city by
the officers empowered by law or charter to execute the
contracts in behalf of such county and such city. All
persons who may be awarded building contracts in connection with
the erection of such building shall be required to furnish bonds
in the amount and in the form prescribed as required by the laws
of the state law relating to contracts for public improvements,
and such. The bonds shall run to the county and city erecting
such building.
374.15 [WAGES.]
Work specifications for all such work shall contain a
provision that skilled and unskilled laborers employed in such
the work shall be paid a wage equal to the wage required to be
paid by contractors doing work for such the city, if such the
city has in force an ordinance providing such a scale of wages.
374.16 [COST OF REMOVING AND REMODELING.]
In the event If the selected site be then is occupied by an
existing city hall and court-house courthouse, such that and
temporary quarters must be provided for officers and
officials located therein pending before completion of the new
building, the cost of any remodeling of such temporary quarters,
and moving expenses incident to their occupancy shall be
considered a part of the cost of the new building.
374.17 [COMMISSION MAY APPOINT ARCHITECTS.]
The work of erecting constructing, equipping, and
furnishing the building shall be conducted and completed under
the direction and supervision of the commission and. The
commission members thereof are charged with the duty of
requiring that the work to be is done in accordance with the
plans and specifications. The commission is hereby authorized
to may employ such architects, engineers, supervisors,
inspectors, clerks, and other employees as it may deem necessary
or advisable to supervise and inspect the work and assist in the
performance of the duties of the commission, and. The county
and city shall pay the fees and salaries of such the employees
in the amounts fixed by the commission, one-half by the county
and one-half by the city, upon the presentation of when
presented with statements therefor certified to be correct by a
majority of the commission. Such employments shall be The
employment is subject to the approval of the city council and
county board of county commissioners in the manner provided in
this chapter.
374.18 [MANAGEMENT OF BUILDING.]
If, at the time of the erection of such building, the
county and city so erecting a court-house and city hall shall
then be jointly owning own and operating operate a city hall
and court-house courthouse building under authority and power
granted by law, the management of the new building shall be
vested in when a new building is constructed, the same persons
or committees as that managed the old building then jointly
owned and operated by such city and county shall manage the new
building. In all other cases the management of the building
shall be vested in, a joint committee consisting of two members
of the county board of county commissioners selected by the
board, and two members of the city council selected by the
council shall manage the building. The committee shall have
full charge and management of the building and shall have the
power to appoint such employees as the committee shall deem
considers necessary for the proper care, management, and
operation of the building,. The committee shall set the salary
and compensation to be fixed by the committee of the employees,
and the county board of county commissioners and the city
council of the city shall each provide an amount sufficient to
pay one-half of the expense of operating the building.
374.19 [TO SERVE WITHOUT COMPENSATION.]
The members of the advisory court-house courthouse and city
hall building commission and the members of the joint building
management committee of the city council and county board to
manage the building shall not receive any compensation for their
services upon the committee or commission, and. None of the
members of the advisory court-house courthouse and city hall
building commission shall have any financial interest in any of
the contracts awarded by the commission.
374.20 [SALE OR LEASE OF LANDS NOT USED.]
In case If any land or buildings owned and used by either
the county or the city, or jointly owned and used by them, shall
is not be required for the use of by the county or city, or
both of them, after the completion of the new building is
completed, the land and buildings shall be sold as soon as
practicable and. The proceeds shall be placed in separate funds
of the county and city to be and used for the payment of bonds
or certificates of indebtedness authorized hereunder by the
county and courthouse and city hall bonds issued by any such the
city. The proceeds of such the sales shall be paid into to the
county and city treasuries in the proportion of ownership of
each in the real property so sold. So far as practicable the
proceeds of such the sales shall be used to pay a portion of the
bonds or certificates of indebtedness maturing in each year
after sales in such manner as to make so that the annual
payments from the proceeds of such the sales as nearly equal as
may be in each of the years in which bonds or certificates of
indebtedness mature. No part of the proceeds of such the sales
shall be used to pay interest charges on any bonds so issued,
and. No part thereof shall be used for any purpose other than
the payment of maturing bond or certificates of indebtedness,
unless there is a surplus after the payment of all bonds or
certificates of indebtedness, in which case such. The surplus
shall then be paid into the general sinking fund of such the
city and county.
The city and county are each authorized to may sell or
lease to the other for a nominal or other consideration, all or
part of its interest in the aforesaid land or any part thereof;
provided that, in the event of such sale,. If the purchasing
city or county, as the case may be, shall resell such resells
the land to a purchaser other than the city or county as soon as
practicable, the proceeds of such the resale to shall be equally
divided between the city and county; provided further that. If
said the land or any part thereof is leased by either the city
or county, as provided above under this section, said the lease
shall be only for such term and under such conditions as
will must permit the sale thereof of the land to a purchaser
other than the city or county as soon as practicable.
In the event that If either the city or county shall
acquire acquires full title to said the property, said the
city or said county is authorized may, in the sale of such the
property to, consider their combined economic, financial and
industrial interests, as well as the price offered, with
relation to a proposed project thereon, and may include such
these factors in the specifications or proposals for such the
sale.
This section shall be liberally construed to effectuate
carry out its purpose, and in the event. If any portion or
clause of such the section or clause thereof shall be is held
ineffectual invalid, the validity of the balance shall not be
affected.
374.21 [AUDITORIUM; MILITARY VETERAN ORGANIZATIONS, MEETING
PLACES.]
Subdivision 1. [MUNICIPAL AUDITORIUM.] If any such the
city desires to construct an auditorium, such the building may
be included in the court house courthouse and city hall building
if the county board of county commissioners shall agree thereto
and agrees, an agreement is reached between such the board and
the city council of such city as to on the cost of such the
addition to the court house courthouse and city hall building,
and the entire amount of such the additional cost arising from
the inclusion of such auditorium building in the court house and
city hall building shall be borne is paid by such the city.
Nothing herein contained in this section shall require that in
the event such auditorium is made a part of the city hall and
court house building the city shall must sell any existing
auditorium building if an auditorium is constructed in the city
hall and courthouse building. In the event If the auditorium is
included in the city hall and court house courthouse building,
the management and control of such auditorium shall not be
vested in managed by the joint building management committee
hereinbefore provided for to manage of the city hall council and
court house building, but the management and control of the
auditorium shall be vested in such city county board. The city
shall manage the auditorium and shall pay for any additional
expense in the care, upkeep, and maintenance of the court house
courthouse and city hall building arising from the inclusion
of such an the auditorium shall be borne by such city.
The city council of any such city issuing and selling bonds
as herein authorized for the purpose of defraying the expense of
acquiring land for erecting, equipping, and furnishing any such
joint court house and city hall building is hereby authorized
and empowered without reference to any such advisory court house
and city hall building commission or other public body or bodies
to reconstruct, remodel, and improve the theater section of any
municipal auditorium building located in any such city and to
defray the expense, not in excess of the sum of $25,000, of
reconstructing, remodeling, and improving the theater section of
any such building from the balance of the proceeds of the
issuance and sale by such city of any such bonds, remaining
after the expense of acquiring land for erecting, equipping, and
furnishing any such joint court house and city hall building has
been defrayed, as herein provided.
Subd. 2. [MUNICIPAL AUDITORIUM BUILDING; COUNTY
EQUIPPING.] The A county board of any such county issuing and
selling bonds as herein authorized for the purpose of defraying
the expense of to pay for acquiring land for erecting
constructing, equipping, and furnishing any such a joint court
house courthouse and city hall building is hereby authorized and
empowered, without reference to any such advisory court-house
and city hall building commission, to may appropriate and expend
spend not more than $10,000 from the funds provided by the sale
of such bonds for the purpose of bond proceeds for equipping any
a municipal auditorium building situated located in any a city
of the first class located within any such the county, without
reference to the courthouse and city hall building commission or
other public body or bodies.
Subd. 3. [VETERAN ORGANIZATIONS, MEETING PLACES.] If, in
the opinion of the city council and county board, it is
inadvisable to provide meeting halls or quarters in the city
hall and court house courthouse, for veteran organizations the
membership whereof is composed of persons who served the United
States in the army, navy, or marine corps in the civil war,
Spanish-American war, Philippine Insurrection, Boxer Uprising,
Chinese Relief Expedition, World War I and World War II, and for
the auxiliaries to or of those organizations and their
auxiliaries, and in the opinion of those bodies such halls or
quarters should be provided, the county board and city council
may provide not to exceed the sum total of $20,000 to be
expended in 1947 or any year subsequent thereto out of the
balances remaining in the funds referred to in Minnesota
Statutes 1945, section 374.23, more than $20,000 for the
improving of such halls or quarters in a municipally-owned
auditorium building for such the organizations and their
auxiliaries out of the balances remaining in the funds referred
to in section 374.23. In If the event halls or quarters in a
municipal auditorium are improved for the use of such the
organizations and their auxiliaries, such the halls and quarters
shall be under the sole control and management of the same
persons or committees as that manage the city hall and court
house courthouse building; and. All costs of heating, lighting,
and operation of such operating the halls or quarters shall
be the expense of such paid by the persons or committees;
provided, that. The last named persons or committees may, if
they so elect, direct such the organizations and their
auxiliaries to form a joint housing or other proper committee to
represent and act for such the organizations and their
auxiliaries in all matters relating to such the halls and
quarters and to prepare and adopt rules and
regulations prescribing setting the time when, manner in which,
and conditions under which such the halls or quarters or
portions thereof shall be used by the several organizations and
auxiliaries; and provided further, that in the event such. If
the joint housing or other committee be is formed, any rules or
regulations by it adopted shall, before becoming effective,
adopts must be approved by the persons or committees having
control and management of such the halls or quarters before
becoming effective.
374.22 [MAY RECONSTRUCT AUDITORIUM.]
The city council of any such city issuing and selling bonds
as herein authorized for the purpose of defraying the expense of
to pay for acquiring land for erecting constructing, equipping,
and furnishing any such a joint court-house courthouse and city
hall building is hereby authorized and empowered, without
reference to any such advisory court-house and city hall
building commission or other public body, may use not more than
$25,000 from the balance of the bond proceeds remaining after
paying the expense of acquiring land for constructing,
equipping, and furnishing the joint courthouse and city hall
building, to reconstruct, remodel, and improve the theater
section of any municipal auditorium building located in any such
the city and to defray the expense, not in excess of the sum of
$25,000, of reconstructing, remodeling, and improving the
theater section of any such building from the balance of the
proceeds of the issuance and sale by any such city of any such
bonds, remaining after the expense of acquiring land for
erecting, equipping, and furnishing any such joint court-house
and city hall building has been defrayed, as herein
provided without reference to the advisory courthouse and city
hall building commission.
374.23 [COMMISSION; REPORT, FILING.]
Upon When the completion of the erection and equipping of
the city hall and court house courthouse building is completed,
the commission herein provided to be appointed shall make and
file a report with the district court of the county, the office
of the county auditor of any such county, and the city clerk
of any city of the first class located in such county a report
of its proceedings, setting forth. The report shall state, in
general terms, the acts performed by such the commission
pursuant to under this chapter, as well as the contracts which
were let in the erection construction and equipping of such the
building, and the balances remaining in the funds provided by
the sale of bonds, as herein provided. Upon the After filing of
such the report the commission shall thereupon be is
discharged. The city council of any such city and the county
board of commissioners of any such county may, not later than
within ten years from the date of the filing of such the report,
expend spend the balances remaining in the funds provided by
sale of bonds for enlarging the court facilities in such the
building, and for inscribing the names of deceased military
personnel of World War II, or who had active service on and
after June 27 26, 1950, and prior to the final cessation of
hostilities as proclaimed by proper federal authority, on the
columns in the concourse of said the building, to be done,
however, only upon the request of the judges of the district
court in the county in which the building is located. The
remainder of the bond proceeds of the bonds shall be used for
the purpose of retiring to retire the bonds issued hereunder,
and upon the expiration of the ten-year term, in the event the
above mentioned under this chapter. If the improvements to the
building mentioned in this section have not been contracted for
within ten years, the funds provided therefor shall thereupon be
used to retire the bonds.
374.25 [JOINT COUNTY AND MUNICIPAL BUILDING AUTHORIZED.]
Any county in this state which does not have within its
limits a city of the first class, may, together with the city in
such county which is the county seat thereof, jointly acquire
land for, erect construct, equip, furnish, maintain and operate
a joint court house courthouse and city hall building to be used
jointly by such county and such city.
374.26 [PROPORTIONAL DIVISION OF COST.]
The cost and expense of acquiring land for, erecting
constructing, equipping, and furnishing such the building shall
be borne paid by the county and the city in proportion to the
amount of space to be used by each governmental unit in the
building, and. The architect preparing the plans and
specifications for such the building shall certify as to the
amount of space within such the building which is designed for
use by each governmental unit. The building shall not
be erected constructed or contracted to be erected constructed
and no land shall be acquired therefor and no bonds shall be
issued or sold by the county, until the city has been authorized
to issue bonds to defray pay its proportion share of the cost of
such the land and building and the ordinances providing for
the bond issue of such bonds have been ratified by the vote of
the electors of such the city in the manner provided in the city
charter of such city or by the laws of the state law.
374.27 [BOND ISSUE.]
At any time after such When the city has been authorized to
issue bonds to defray pay its part share of the cost of
acquiring a site and erecting the city hall and court house
building, the county board of county commissioners of any such
county may submit to the voters thereof, in the manner
provided by Minnesota Statutes 1945, under section 375.20, the
question as to whether or not to issue and sell bonds of such
the county to defray pay the county's portion share of the
cost of acquiring land for, and erecting constructing, equipping
and furnishing such the building. The full faith and credit of
the county shall must be pledged to the payment of the principal
and interest of any such the bonds so issued. Such The bonds
may be issued in one or more instalments, but the bonds of each
instalment shall must be serial bonds, a portion of which shall
be payable each year after issue, but. None of such the bonds
shall run for a longer time than 20 years from their date, and.
The board of county commissioners shall fix the
denominations thereof and shall fix the dates of maturity of
each instalment so that the amounts necessary each year to pay
the principal and interest maturing any year shall be
approximately the same in each of the years during which the
bonds of the instalment shall run. Such The bonds shall be sold
in accordance with the provisions of Minnesota Statutes 1945, as
provided under section 475.60. The, at a rate of interest shall,
in no case, exceed six percent per annum as authorized under
section 475.55.
374.28 [EXECUTION AND DELIVERY OF BONDS.]
Such bonds shall be executed in such manner as The county
board of county commissioners shall, by resolution, determine
the manner of executing the bonds. The delivery of the bonds so
executed at any time thereafter shall be valid, notwithstanding
any change in officers or in the seal of the county occurring
after their execution.
374.29 [COUNTY TAX LEVY.]
The county board of county commissioners shall levy a tax,
at the time and in the manner prescribed by Minnesota Statutes
1945, section 475.61, to pay the principal and interest of such
the bonds. This section shall not be construed as limiting to
limit the power of a municipality to levy taxes to pay its
obligations issued hereunder, but the governing body of every
municipality shall have the authority and it shall be its duty
to levy any taxes necessary to provide revenue to pay such the
obligations.
374.30 [BOND LIMITATION NOT APPLICABLE.]
The amount of indebtedness authorized to be incurred by any
such the county shall be in addition to and over and above any
limits now fixed by law.
374.31 [BUILDING COMMISSION.]
As soon as such the city and such county have both
authorized the issuance of bonds for the erection construction
of a joint court house courthouse and city hall building, the
county board of county commissioners and the city council or
other governing body of such city shall constitute the court
house courthouse and city hall building commission of such the
county, and the chairman of the county board of county
commissioners shall act as chairman of said the commission. The
commission shall select from its own members such other officers
as it may deem considers necessary.
374.32 [JOINT OWNERSHIP OF SITE.]
The commission shall select a site for such the building
and may contract with the owner thereof for the acquisition of
such to acquire the site by gift or purchase, or such the site
may be acquired by proceedings in eminent domain, to be
instituted and carried to completion in the name of either the
city or the county, as the commission may determine. All land
acquired as a site for such court house the courthouse or city
hall shall be owned jointly by such the county and such the
city, in the same proportion as each contributes to the
acquisition of land and the construction of such the building;
and, in case. If the entire tract is acquired by either such
the city or county, it shall convey the proper undivided
interest therein to the other.
374.33 [PLANS AND SPECIFICATIONS.]
Either before or after the selection of the building site
of such building, the commission shall cause to be prepared have
plans and specifications for the building prepared and may
employ architects, engineers, draftsmen, and such clerical help
as may be deemed necessary for the purpose of preparing such to
prepare the plans and specifications. The compensation of such
employees shall be fixed by The commission shall set the
compensation of the employees.
374.34 [ADVERTISEMENT FOR BIDS.]
Upon the completion of such When the plans and
specifications are completed and their approval or
adoption approved by the commission, the commission shall, 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. 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 for the opening of bids or
proposals, at which time the commission shall meet, open the
bids or proposals and tabulate the same them, 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 If all bids or proposals
are rejected, the commission may, after similar notice, obtain
more bids or proposals or may modify or change the
specifications, and shall again, after similar notice, otain
obtain more bids or proposals in the manner hereinbefore
provided.
374.35 [CERTIFIED CHECK; CONTRACTS.]
Each person submitting bids a bid or proposals proposal
shall file with his the bid or proposal a certified check in an
amount prescribed in the specifications of the commission for
the building, to be retained as liquidated damages in case of
failure to enter into a contract if the bidder is awarded
the same contract.
All contracts shall be in writing and shall be made in the
name of the county and the city proposing to erect such
building, and shall be executed in their behalf of such county
or city by the officers empowered by law or charter to
execute the contracts in behalf of such county and such city.
All persons who may be awarded building contracts in connection
with the erection of such building shall be required to furnish
bonds in the amount and in the form prescribed as required by
the laws of the state law relating to contracts for public
improvements and such. The bonds shall run to the county and
the city erecting such building.
374.36 [SUPERVISION.]
The work of erecting constructing, equipping and furnishing
the building shall be conducted and completed under the
direction and supervision of the commission and. The commission
members thereof are charged with the duty of requiring the work
to be done in accordance with the plans and specifications. The
commission is authorized to may employ such architects,
engineers, supervisors, inspectors, clerks and other
employees as it may deem necessary or advisable to supervise and
inspect the work and assist in the performance of the duties of
the commission.
374.37 [MANAGEMENT.]
The management of the building when erected constructed
shall be vested in the commission which shall have with the
power to appoint such employees as it may deem necessary for the
proper care and management and operation of the building, and.
The commission shall fix their the employees' compensation and
determine the proportion thereof which is to be paid by the
county and by the city.
374.38 [COMPENSATION OF COMMISSIONERS; ADVERTISEMENT FOR
BIDS.]
The members of the commission shall receive no compensation
for their services upon the commission other than their
compensation which they receive as members of the county board
of county commissioners or of the city council or other
governing body of such city, and. No member of this commission
shall have any financial interest in any of the contracts
awarded by the commission.
Sec. 5. Minnesota Statutes 1984, section 375.055, is
amended by adding a subdivision to read:
Subd. 8. [TRAINING EXPENSES.] The county board may
reimburse a newly elected county commissioner for expenses
incurred prior to assuming office for attendance at a training
or education program which will familiarize the commissioner
with official duties.
Sec. 6. Minnesota Statutes 1984, section 375.48, is
amended to read:
375.48 [EXECUTIVE SECRETARY; APPOINTMENT; QUALIFICATIONS
COUNTY COORDINATOR.]
Subdivision 1. [APPOINTMENT; QUALIFICATIONS.]
Notwithstanding sections 375A.01 and 375A.12, a county board may
employ an executive secretary a county coordinator upon the
terms it deems considers advisable. It may appropriate funds
and provide suitable office space for the office. The county
board shall set the salary of the secretary county coordinator.
The secretary coordinator shall be chosen solely on the basis of
training, experience and administrative qualifications and need
not be a resident of the county at the time of appointment. The
executive secretary county coordinator serves at the pleasure of
the board and employment may be terminated by the board without
notice. The board may provide for a termination allowance.
Subd. 2. [COUNTY OFFICER OR EMPLOYEE MAY BE APPOINTED.]
The county board may appoint as executive secretary county
coordinator any county officer or employee except a county
commissioner during the term for which he the commissioner was
elected. If a county officer or employee is appointed executive
secretary county coordinator, the board may provide that the
duties of executive secretary county coordinator are in addition
to the duties as an officer or employee.
Sec. 7. Minnesota Statutes 1984, section 375.49, is
amended to read:
375.49 [DUTIES OF EXECUTIVE SECRETARY COUNTY COORDINATOR.]
Subdivision 1. [COUNTY BOARD TO PRESCRIBE.] The county
board shall prescribe the duties of the executive secretary
county coordinator. Insofar as required by the county board, he
the county coordinator is responsible to the board for the
proper administration and management of any assigned duty
assigned to him and for these purposes is deemed considered the
head of a department.
Subd. 2. [DUTIES AND RESPONSIBILITIES.] The executive
secretary county coordinator may be assigned any of the
following duties and responsibilities:
(a) To manage any or all of the affairs of the county which
the county board has authority to control;
(b) To examine regularly the books, papers and accounts of
each department, office, and agency of the county under the
control of the county board and to report to the board the
condition in which he the county coordinator finds them and
other information as the board directs;
(c) To submit to the board recommendations concerning the
affairs of the county, its future financial needs, and its
offices, departments and agencies as he deems the county
coordinator considers proper;
(d) To see that all orders, resolutions and regulations of
the county board are faithfully executed;
(e) To initiate and present a proposed annual budget to the
county board for its review and consideration; and
(f) To serve as clerk of the county board. Upon the
adoption of When a resolution is adopted directing the executive
secretary county coordinator to assume the responsibilities of
clerk of the board, the county auditor shall no longer be held
responsible for the duties as clerk to the board imposed by
section 384.09.
Sec. 8. Minnesota Statutes 1984, section 375.50, is
amended to read:
375.50 [RESCISSION OF RESOLUTION ESTABLISHING EXECUTIVE
SECRETARY'S COUNTY COORDINATOR'S OFFICE.]
The board at any time may rescind the resolution
establishing the office of executive secretary county
coordinator. Any duties and responsibilities previously
assigned to the executive secretary county coordinator, upon
adoption of the rescinding resolution, shall be vested in the
officer or department which had responsibility for the function
before the transfer of the function to the executive
secretary county coordinator.
Sec. 9. Minnesota Statutes 1984, section 375A.07,
subdivision 1, is amended to read:
375A.07 [EXECUTIVE SECRETARY TO THE COUNTY BOARD COUNTY
COORDINATOR.]
Subdivision 1. [CHANGE IN NAME.] Except as otherwise
provided in this section, on January 1, 1974, the office of
county administrator established pursuant to sections 375.48 to
375.50, shall terminate and the person holding that office after
said this date shall be known as the executive secretary to the
county board coordinator. This subdivision shall not apply to
any person who on January 1, 1973, held the office of county
administrator pursuant to sections 375.48 to 375.50 and did not
on that date concurrently hold an elective county office.
Sec. 10. Minnesota Statutes 1984, chapter 376, is amended
to read:
CHAPTER 376
HOSPITALS, SANATORIUMS, AND NURSING HOMES
376.009 [COUNTY HOSPITAL.]
For the purposes of sections 376.01 to 376.06, "county
hospital" means any hospital owned or operated by a county and
this hospital which may consist of any number of buildings at
one location or any number of buildings at different locations
within the county.
376.01 [ACQUISITION OF LAND.]
The A county board of any county may acquire lands land
in the county for hospital purposes for patients, other
than insane the mentally ill.
376.02 [BUILDINGS.]
The A county board of any county may purchase, erect, or
construct suitable buildings for hospital purposes for patients,
other than insane the mentally ill, on any land
acquired pursuant to under section 376.01, and may improve,
equip, and maintain these buildings for such hospital purposes.
The county board may pay for these buildings out of any moneys
fund in the county treasury not otherwise appropriated or
issue therefor the warrants or bonds of the county in for
payment therefor. The county board may fix the time and terms
of payment of these warrants or bonds and the amount of interest
to be paid.
376.03 [QUESTION SUBMITTED TO VOTERS.]
If a majority of the electors of any county voting upon the
proposition at any election at which the question of purchasing,
erecting, and constructing hospital buildings, as provided in
under section 376.02 is submitted, vote in favor of the
proposition, the county board shall thereupon proceed to
purchase, erect, and construct these buildings and make the
improvements necessary to fit the buildings for hospital
purposes.
376.04 [ELECTION, SEPARATE BALLOT.]
The question of purchasing, erecting and constructing
hospital buildings shall be submitted to the qualified voters of
any county at a general election and placed upon a separate
ballot. This election shall must be called by a resolution of
the county board which states. The resolution must state the
time of the election, that a county hospital is proposed to be
established, the proposed location thereof, and the same to
cost, including equipment, for not to exceed more than the sum
set forth amount stated in the resolution. Upon passage of When
the resolutions are passed, the county auditor forthwith
notifies shall immediately notify each town or city clerk in the
county that the question of erecting constructing hospital
buildings will be voted upon at the time stated in the
resolution, the election to be controlled by the existing in the
manner provided under the state election laws.
The ballot shall must be in the following form:
"For the purchase, erection and construction of hospital
buildings, including equipment, to be located at ...............
(state location), at a cost not to exceed more
than .............. (state amount), pursuant to the resolution
of the board of county commissioners passed ..................
(state date).
Yes ..........
No ............"
Electors desiring to vote in favor thereof shall make their
cross-mark, thus (X), opposite the word "yes," and electors
desiring to vote against the proposition shall make their
cross-mark, thus (X), opposite the word "no". Each of the last
two words, "yes" and "no", shall be followed by a square in
which the voter may indicate by a mark (X) either a negative or
affirmative vote. These votes shall be cast in the same manner
as votes cast at the general election and counted by the same
officers, and. Returns must be made to the county auditor, and
canvassed in like the same manner as the returns on county
officers.
376.05 [HOSPITAL AUTHORIZED, ERECTION CONSTRUCTION OF
BUILDINGS.]
If a majority of the electors voting upon the proposition
vote in favor of purchasing, erecting, and constructing such the
hospital buildings, the county board shall forthwith proceed to
immediately purchase, erect, and construct such, and equip the
buildings as are deemed proper, suitable, and convenient and
equip the same to effectuate the purpose.
376.06 [SUPERINTENDENT, HOSPITAL BOARD; DUTIES.]
Subdivision 1. The A county board of any county having so
which has purchased, erected and constructed buildings for
hospital purposes may operate these buildings as such a hospital
, and may appoint a superintendent therefor for a term to be
fixed by it, fix his. The board shall set the superintendent's
salary, and at pleasure remove him, prescribe his term of
employment, and powers and duties,; provide for the management
and operation of the hospital,; and shall operate, control, and
manage the hospital. The superintendent shall serve at the
pleasure of the board. If the board determines that it is
in the interest of the public so to do interest, it may appoint
a hospital board of not less than at least three, nor but not
more than nine members, who shall must be resident freeholders
of the county residents and landowners, and who shall to serve
without compensation unless the county board authorizes the
payment of compensation and reimbursement of expenses for
service on the hospital board, which. Notwithstanding section
375.44, if compensation and reimbursement if so are authorized
notwithstanding the provisions of section 375.44, they shall be
the same as authorized for service on the county welfare board.
Subject to its supervision, the county board may commit the
care, management, and operation of the hospital to such the
hospital board and. The county board may provide for the
organization and regulation of such the hospital board, its
duties and the duties of the members thereof, and such further
regulation in reference thereto and to regulations for the
management, operation, and control of the hospital as are
proper, necessary, or desirable. The county board may lease and
let unto the hospital grounds and buildings to a responsible
hospital association such hospital grounds and buildings upon
such for terms as it deems considers advisable. Sections
376.01 to 376.06 do not permit any county board to purchase,
erect and construct any such hospital buildings or to
pay therefor for them without first submitting the question to
the vote of the people. No such purchase, erection or
construction of buildings or payment therefor may be made unless
a majority of the electors voting upon the proposition vote in
favor thereof.
Subd. 2. A county commissioner may be appointed by the
county board of which he is a member to any hospital board as
provided in Minnesota Statutes 1961, under sections 376.009 to
376.09, except that this subdivision shall not apply to except
for any hospital board operating a county hospital as defined in
Minnesota Statutes 1961, Section 376.009 located in a city of
the first class.
376.07 [ADDITION TO COUNTY HOSPITAL.]
When, pursuant to the provisions of sections 376.01 to
376.06, the county board of any a county has been heretofore, or
shall have been hereafter, authorized by the voters to construct
an addition to the county hospital of such the county under
sections 376.01 to 376.06, whether or not also authorized to
equip such the addition, and the board shall have ascertained
and has determined that such the addition, whether with or
without equipment, cannot be completed within the cost
authorized, or shall have has determined that, to complete the
improvement, certain alterations should be made, or fixtures or
equipment added, either in the original building, or in the
addition, or both, the board may be authorized to expend spend a
specified additional amount for each, any, or all of the
purposes herein mentioned in this chapter, either by vote of the
people of the county at a general or special election, at
which or by petition. If an election is held, the proposition
so to do shall be submitted and disposed of substantially in the
same manner as provided by sections 376.01 to 376.06; or, in
lieu of a vote at such an election,. If by petition of a number
of voters of the county equal to, the petition must be signed by
a majority of the votes cast therein those voting at the last
preceding general election. Such The petition may be in the
form of one document or of several documents of substantially
like tenor and effect in the same form, and shall be filed with
the county auditor. Any A special election thereunder may be
called in any the manner by law provided for the calling of
special county elections. Upon When authority being is granted
by the voters, in either manner herein provided, the board may
thereupon proceed accordingly and,. If it shall have
theretofore the board made or attempted to make a contract or
contracts in excess of for more than the authority first
granted, it may ratify and carry out such the contracts, or any
thereof.
376.08 [COUNTIES, APPROPRIATIONS FOR HOSPITALS AND NURSING
HOMES.]
The board of county commissioners in any county in this
state having 50,000 inhabitants, or less, is hereby authorized
to with a population of 50,000 or less may appropriate up to
$65,000 annually from the general revenue fund of such the
county a sum not exceeding $65,000 in any one year to aid in for
the acquisition of lands for hospital purposes, and the
erection, construction, improvement, alterations, equipment and
maintenance of hospitals within such the county and. The board
may also appropriate up to $25,000 from the general revenue fund
of such the county a sum not exceeding $25,000 for the
acquisition of land and construction of municipally owned
nursing homes within such the county.
376.09 [AID TO HOSPITALS IN COUNTIES HAVING NO COUNTY
HOSPITAL.]
In any county in this state in which there is no county
hospital, the county board is hereby authorized and empowered to
may appropriate and pay money from the general fund of the
county, as aid in for the erection, construction, and
maintenance in such county of a hospital in the county for the
treatment of sick, diseased, and injured persons, a sum not
exceeding $5,000, and. Admission preference shall always be
given in the admission to such hospital of such to patients as
who are, in whole or in part, public charges, and are
sent thereto to the hospital by the county board.
376.55 [COUNTY NURSING HOME.]
Subdivision 1. [AUTHORITY.] (a) Any county singly, or any
group of counties acting jointly are hereby authorized to may
establish a county nursing home, in sections 376.55 to 376.57
and 376.58 to 376.60 also termed "nursing home," for the care
and treatment of chronically ill or convalescent persons with
the consent of a majority of the county board;
(b) In addition to its usual meaning, the phrase
"chronically ill or convalescent persons" as used in sections
376.55 to 376.57 and 376.58 to 376.60 includes or persons who
need nursing home care because old age or infirmity renders
makes them unable to properly care for themselves;, with the
consent of a majority of the county board.
(c) (b) Any county, or group of counties, which owns a
nursing home, may establish and operate an attached or related
facility for the purpose of providing supportive services to
elderly persons who are not yet in need of nursing home care.
Supportive services may include congregate housing, adult day
care, and respite care services.
Subd. 2. [ESTABLISHMENT.] The A county board of any
county, or any a group of counties acting jointly, may establish
a nursing home and a facility for supportive services as
provided in under sections 376.55 to 376.57 and 376.58 to
376.60, by converting suitable existing county owned buildings,
by leasing suitable premises, or by acquiring a suitable site by
gift, purchase, or condemnation proceedings instituted in the
name of the county or counties and erecting constructing
suitable buildings which are equipped, maintained, enlarged or
otherwise modified to be the same as a nursing home.
Subd. 3. [FINANCING.] The county board of any county in
this state may transfer surplus funds from any fund except the
road and bridge, sinking or drainage ditch funds for the purpose
of establishing, maintaining, enlarging, or adding to a county
nursing home. When surplus funds are not available for
transfer, a county board may issue bonds to defray pay the cost
of establishing, equipping, furnishing, enlarging, or adding to
a county nursing home, subject to the provisions of section
376.56.
Subd. 4. [PURCHASE OF INTEREST IN EXISTING HOME.] Any A
county, or a group of counties, not maintaining a nursing home,
either alone or in connection with another or other counties,
may purchase an interest in an existing county nursing home if
the county board or boards owning such the nursing home decide
by majority vote of each county board to admit such the county.
The sum to be paid for admission to ownership shall be fixed by
The county board or boards owning such the home with due regard
for shall set the cost for admission to ownership, taking into
consideration their investment in such the home. Any county
admitted under this provision shall have all the rights and
privileges provided for in sections 376.55 to 376.57 and 376.58
to 376.60.
Subd. 5. [COUNTY DEFINED.] Whenever Where in sections
376.55 to 376.57 and 376.58 to 376.60 the word "county" is used,
it refers to a county acting singly, or as one of a group of
counties acting jointly, unless the context clearly indicates
otherwise.
Subd. 6. [WITHDRAWAL OF INTEREST.] Any county board may
withdraw its interest in any a county nursing home if the county
board or boards owning such the nursing home decide by majority
vote of each county board to allow such the withdrawal. The sum
to be paid to the county withdrawing shall be fixed by The
county board or boards owning such the home with due regard
for shall set the amount to be paid to the withdrawing county,
taking into consideration their investment in such the home.
376.56 [TAX LEVIES AND BONDS.]
Subdivision 1. The county board of any county establishing
or participating in establishing a nursing home, under section
376.55 may annually levy a tax in the amount necessary to defray
pay all or its proportion of the net costs of maintenance and
operation of the nursing home after taking into consideration
payments received for care of residents, and a. The board may
levy an additional tax to repay the cost of acquiring,
establishing, equipping, furnishing, enlarging, or adding to a
county nursing home, and to pay the principal of and interest on
general obligation bonds issued by it for that purpose.
Subd. 2. The proceeds of taxes for costs of maintenance
and operation shall be paid by the county by which they are
collected into a county nursing home fund, which, in the case of
counties operating jointly, shall be kept in the treasury of the
county in which the nursing home is located and shall be
expended spent as provided in sections 376.55 to 376.66.
Subd. 3. Bonds issued under section 376.55, subdivision 3,
may be general obligations of the county and may be issued and
sold, and taxes levied for their payment in accordance with as
provided under chapter 475. No election shall be required to
authorize the issuance of such bonds bond issue for the purpose
of improving, remodeling, or replacing an existing nursing home
without increase of increasing the number of accommodations for
residents. The revenues of the nursing home shall also be
pledged for the payment of the bonds and for any interest and
premium, if any, thereon. A portion Part of the proceeds may be
deposited in the debt service fund for the issue, to capitalize
interest and create a reserve for the purpose of reducing or
eliminating to reduce or eliminate the tax otherwise required by
section 475.61 to be levied before issuing the bonds. The
remaining proceeds from the sale of the bonds and any surplus
funds transferred pursuant to under section 376.55, subdivision
3 shall must be credited to and deposited in the county nursing
home building fund of the county in which the nursing home is
located.
Subd. 4. The county treasurer of the county in which the
nursing home is located shall make payments out of the county
nursing home fund and county nursing home building fund on
properly authenticated vouchers of the county nursing home
administrative board, as provided in sections 376.58 and
376.59. The county treasurer of each county issuing general
obligation bonds pursuant to under subdivision 3 shall pay such
the bonds and interest thereon from the county's debt service
fund and shall be the custodian of net revenues transmitted by
the administrative board for the payment of such the bonds.
376.57 [DETERMINATION TO ESTABLISH.]
In establishing a jointly owned and operated county nursing
home or facility for supportive services, each of the
cooperating counties shall determine by a majority vote of the
county board of that county that it is in favor of the
establishment of the home or of the facility, the place of its
location, and the approximate amount to be expended spent for
the establishment of the proposed nursing home or facility under
the authority provided in section 376.55 and. Each county shall
authorize the payment by that county of its proportionate share
of that the cost of the establishment. The proportion of costs
of that the establishment, and of costs of maintenance and
operation of the nursing home or facility to be paid by each
county shall be set by terms agreed upon by each of the
participating counties.
376.58 [SUPERVISION.]
Subdivision 1. [DESIGNATION OF COUNTY NURSING HOME
ADMINISTRATIVE BOARD.] The county board of any county
establishing a county nursing home and facility for supportive
services may designate any board under the jurisdiction and
control of the county board to supervise that the nursing home
and facility, and that board shall constitute the nursing home's
administrative board for that county.
Subd. 2. [NURSING HOME ADMINISTRATIVE BOARD; CREATION;
COMPENSATION.] Whenever two or more counties, through their
county boards of county commissioners, have agreed to maintain a
county nursing home and facility for supportive services
under the authority provided in section 376.55, the county
commissioners of each county shall designate a board from each
of the cooperating counties as the county nursing home
administrative board. Immediately after their designation as
the county nursing home administrative board, the boards of the
cooperating counties shall hold a joint meeting and elect a
chairman, vice chairman and secretary who shall be the executive
committee; provided, however, that. Each county shall have not
less than at least one representative on the executive
committee, provided also that and where more than three counties
participate in establishing a nursing home, the executive
committee shall be expanded by one member for each additional
county above three to the end so that no county will have less
than one member on the executive committee. The first joint
meeting of the county boards that have been designated as the
county nursing home administrative board shall, in the first
instance, be called by the chairman of the county board of the
county in which the county commissioners have agreed to locate
the proposed home and facility, and thereafter they. The board
shall meet annually, and at such other times as are deemed
considered necessary. Members of the county nursing home
administrative board, and its executive committee, other than
members of the county board of county commissioners, shall be
paid for each day spent in transacting the business of the board
or the committee shall be compensated and. Each member,
including members of the county board of county commissioners,
may be reimbursed for necessary expenses incurred by them in
connection with their official duties; such. Compensation and
reimbursement for expenses shall be paid from the county nursing
home fund in a manner and amounts agreed upon by the county
boards. Nothing in This subdivision shall be construed to does
not prohibit the payment of a per diem to county
commissioners pursuant to under section 375.055, subdivision 1.
Subd. 3. [NURSING HOME ADMINISTRATIVE BOARD; POWERS,
DUTIES.] The county nursing home administrative board shall have
the power to may establish, operate and maintain a county
nursing home and facility for supportive services within the
limits prescribed in under sections 376.55 to 376.57 and 376.58
to 376.60. The county nursing home administrative board may
delegate to the executive committee defined in subdivision 2 the
authority to supervise the establishment, management and
operation of the county nursing home and facility for supportive
services, including the approval of expenditures and such other
business as is necessary for the efficient operation of the home
within such the general policies as have been established by the
county nursing home administrative board. The county nursing
home administrative board may authorize a sum to pay payment of
incidental expenses of the nursing home in accordance with the
provisions of under section 375.16.
Subd. 4. [EXPENDITURES, APPROVAL.] The county nursing home
administrative board, or its executive committee, if so
designated as provided in subdivision 2 delegated to do so,
shall approve by a majority vote all expenditure vouchers, and
the chairman of the board or committee approving them shall
thereafter then transmit them to the county auditor of the
county in which the home and facility are located for payment.
Subd. 5. [ESTIMATES OF COST.] Preparation of estimates of
costs for the operation of the nursing home and the facility for
supportive services shall be submitted as required by the
administrative board of the nursing home or as called for by the
county board. The fiscal year for the nursing home, and the
facility for supportive services if it is appropriate, may be
the reporting year designated by the commissioner of human
services.
Subd. 6. [ACCEPTANCE OF GIFTS.] The county's nursing home
administrative board is empowered to may accept as a trust any
gift, donation, or endowment from any source, whether subject to
special provisions of the donor or not, and such. The gifts,
donations, or endowments shall be placed to the credit of
credited to the county nursing home fund in the treasury of the
county in which the home and facility are located and,
disbursed, as to the county nursing home administrative board
shall disburse the principal or income as the donors may have
indicated, by the county nursing home administrative board.
Subd. 7. [RESIDENT FUNDS; UNCLAIMED MONEY.] The
administrator of a county nursing home shall have the care and
custody of all moneys money belonging to residents which may
lawfully come into his hands as allowed by law and shall keep
accurate accounting records of all transactions concerning such
moneys the money as prescribed required by the commissioner of
health and the commissioner of human services.
376.59 [COUNTY BUILDING FUNDS.]
When a the county nursing home administrative board is
satisfied that each county in a cooperating group of counties
has available its share of the cost of establishing the nursing
home and facility for supportive services, it shall so certify
this information to the county board of each cooperating county,
which. The county board shall order the county treasurer of
that county to pay over to the treasurer of the county in which
the nursing home is to be located, the county nursing home
building funds in the possession of the county treasurer. The
county nursing home's home administrative board shall
then proceed to carry out the purposes of sections 376.55 to
376.57 and 376.58 to 376.60.
376.60 [ADMINISTRATIVE BOARD OR EXECUTIVE COMMITTEE;
POWERS, DUTIES.]
The county nursing home administrative board or its
executive committee is authorized may:
(1) To secure hire an administrator and all necessary
employees for the management and control of the nursing home,
and to prescribe their compensation and duties;
(2) To arrange for physicians' services and other medical
care for the residents in the home;
(3) To purchase equipment, supplies and services necessary
in the care and maintenance of the nursing home and the
residents;
(4) exercise the county powers authorized under section
376.55, subdivision 2;
(5) institute condemnation proceedings in the name of the
county or counties involved, conducted in the manner provided
under chapter 117, in the case of other condemnation proceedings
by counties; and
(6) To perform all other acts necessary to carry out the
provisions of sections 376.55 to 376.57 and 376.58 to 376.60,
except those with which the county board or boards are
specifically charged, including all the powers granted the
county by section 376.55, subdivision 2, and specifically the
authority to institute condemnation proceedings in the name of
the county or counties involved, which shall be conducted in the
manner provided by Minnesota Statutes 1949, chapter 117, in the
case of other condemnation proceedings by counties unless
otherwise provided by law.
Sec. 11. Minnesota Statutes 1984, chapter 377, is amended
to read:
377.01 [HOSPITALS AND ALMSHOUSES IN COUNTIES HAVING A BOARD
OF CONTROL.]
In every county of this state in which there exists, or
shall hereafter exist, where a board of control which is
maintained by funds supplied in proportionate parts by a city
within the county and by the county, all receipts received by
the board of control from the city and county hospital and
county almshouse shall be deposited in the county treasury and.
The county treasurer shall be accountable to the city for
one-third thereof, the same to of the funds, which shall be
credited to the board of control fund and. The balance of such
the receipts shall be credited to the poor fund of the county.
377.03 [BONDS FOR IMPROVEMENT OF COUNTY AND CITY HOSPITAL;
MAXIMUM AMOUNT.]
Subdivision 1. [AUTHORITY TO BOND.] Any county and any
city within such the county, which maintains a board of control
by funds supplied in proportionate parts by any such county and
any such city within such county, under section 377.01 may issue
and sell in proportionate parts certificates of indebtedness or
bonds of such the county and such city within such county, in an
amount not to exceed $210,000, for the purpose of defraying for
not more than $210,000 to pay the cost of remodeling, altering,
and equipping the buildings at the hospital and almshouse in any
such city and in any such county for the purpose of
increasing to increase the efficiency of the hospital and
almshouse, to provide for the treatment and care of poor persons
in such the cities and counties, and to provide additional
facilities for the purpose of treating persons afflicted with
tuberculosis; that is to say, that any such. The county may
issue not to exceed up to $140,000 worth of such in bonds or
certificates of indebtedness and that any such the city within
such the county may issue not to exceed up to $70,000 worth of
such in bonds and certificates of indebtedness for this purpose.
Subd. 2. [SALE, INTEREST, MATURITY.] The bonds or
certificates may be issued without submission to the vote of the
people. The full faith and credit of the county and the full
faith and credit of the city shall be pledged separately to the
payment of the principal and interest of the certificates of
indebtedness and bonds. The bonds shall be serial bonds, a
portion of which shall be payable each year after issue, but
none of the bonds shall run for a longer term than ten years.
The county board and the city council shall fix the
denominations and maturity dates of the bonds, so that the
amounts necessary each year for the payment of principal and
interest on these bonds shall be approximately the same in each
of the years during which the bonds shall run. The certificates
of indebtedness or bonds shall be sold in the manner provided by
section 475.60. The county board and the city council shall
determine whether the bonds shall be sold to the purchaser who
will pay the par value, at the lowest interest rate, or to the
purchaser who will pay the highest price for the bonds at an
interest rate to be fixed by the county board and the city
council as authorized under section 475.55.
377.05 [TAX LEVY FOR PAYMENT OF BONDS.]
Of the total amount of bonds authorized by section 377.03
The county shall issue, bear, and pay two-thirds of the bonds
and the city shall issue, bear, and pay one-third of the
bonds so issued by the board of county commissioners and the
governing body of such city, respectively of the total amount
authorized by section 377.03. The county board of county
commissioners of such county and the governing body of any such
city council shall provide, annually, for the payment of such
the bonds and interest and shall raise sufficient
taxes therefor, and for the payment. If any such the county
board of county commissioners or the governing body of any such
city shall fail council fails to make provision in their annual
tax levies for the payment and redemption of the bonds, with the
interest thereon as the same become as it becomes due and
payable, the county auditor of any such county shall add
to increase the amount of taxes to be raised by any such of the
county and city an amount sufficient to provide for the payment
and redemption of such the bonds with the interest due thereon.
Sec. 12. [382.37] [TRAINING EXPENSES.]
The county board may reimburse a newly elected county
officer for expenses incurred prior to assuming office for
attendance at a training or educational program which will
familiarize the officer with official duties.
Sec. 13. Minnesota Statutes 1984, chapter 392, is amended
to read:
392.06 [CREATION OF COUNTY PURCHASING DEPARTMENT.]
In order to effect create economies through volume buying,
and in order to promote competitive bidding, and to provide more
efficient public service, the county board of any county may
establish a county purchasing department. The county board may
direct an existing county office, department or agency to
perform the duties of the county purchasing department or may
create a new department or agency for that purpose.
392.07 [DUTIES OF PURCHASING DEPARTMENT.]
Subdivision 1. The county purchasing department shall
perform all acts necessary to the purchase or contract for all
supplies, materials, equipment, and contractual services
required by any or all county offices, departments or agencies.
The county board shall select the county offices, departments or
agencies to be serviced by the county purchasing department.
The board may authorize any county office, department or agency
designated by the board to purchase directly, without the
intervention of the director of purchasing, certain specified
supplies, materials, equipment, or contractual services, and
shall designate the manner in which such the purchases shall be
made.
Subd. 2. The county purchasing department also shall
perform the following duties:
(1) Prepare all specifications for supplies, materials and
equipment;
(2) Transfer to or between county offices, departments or
agencies, or sell supplies, materials, and equipment which is
surplus, obsolete, or unused.
392.08 [DIRECTOR OF PURCHASING; EMPLOYEES.]
The county board shall appoint a director of purchasing to
direct and supervise the operations of the county purchasing
department. The director of purchasing shall be qualified by
training and experience for the position. The board may appoint
an existing county officer to serve as director of purchasing.
The board shall fix the salary of the director and shall require
him the director to post such a bond as the board determines
necessary. The board shall provide the director with such
assistants, office space, equipment, and supplies as may be
necessary to carry out the duties of the office. Except for the
director, who may be removed from that office by the board for
reasons of misconduct or incompetency after due notice and
hearing, all employees of the county purchasing department shall
be employed in accordance with civil service regulations
existing in the county, if any such regulations exist.
392.09 [RULES AND REGULATIONS.]
The county board shall promulgate such adopt rules and
regulations as are necessary to carry out the provisions of
sections 392.06 to 392.10 and shall file them with the county
auditor. The board may authorize any county office, department
or agency designated by it to purchase supplies, materials,
equipment or contractual services in the open market for
immediate delivery in emergencies. It shall define such
emergencies and designate the manner in which these purchases
shall be made and afterwards reported to the director of
purchasing.
392.10 [VOIDABLE PURCHASES, CONTRACTS, AND SALES.]
The purchase or contract for any supplies, material,
equipment, or contractual service by any county office,
department or agency, or the sale of surplus, obsolete, or
unusable supplies, material, or equipment by any county office,
department or agency contrary to the provisions of sections
392.06 to 392.10 is voidable. The head of the office,
department or agency is personally liable for the cost of such
an order or contract and for the reasonable value of supplies,
material, or equipment sold. If an order or contract has been
paid for out of county funds, the amount may be recovered in the
name of the county in an action brought for that purpose.
Property sold contrary to the provisions of sections 392.06 to
392.10, or the reasonable value of the property, likewise may be
recovered in the name of the county in a similar manner.
392.11 [LAWS NOT AFFECTED.]
Sections 392.06 to 392.10 are not intended to modify,
amend, or repeal any law relating to counties in regard to
bidding or any law existing at the time of passage of sections
392.06 to 392.10 which authorize the establishment or creation
of a county purchasing agent or department, or a combined city
and county joint purchasing arrangement.
Sec. 14. Minnesota Statutes 1984, chapter 395, is amended
to read:
395.035 [AID TO POULTRY ASSOCIATIONS.]
The A county board of any county is hereby authorized to
appropriate annually moneys may make an annual appropriation of
not more than $500 from the county treasury, not otherwise
appropriated, in a sum not exceeding $100 to aid any poultry
association organized and existing in the county; provided, the
poultry association holds at least one annual poultry exhibit
and pays premiums thereat at the exhibit in at least the amount
of the appropriation.
395.04 [EXHIBITS AT STATE FAIR.]
The A county board of county commissioners of any county in
the state, for the purpose of assisting to maintain an exhibit
of the products of the county at the Minnesota state fair, is
hereby authorized and empowered to may appropriate out of the
general revenue fund of the county such a sum of money as they
may deem advisable not exceeding $500 annually, exclusive of and
in addition to such sums of not more than $1,000, not including
money as may be received by the county as premiums or prizes at
the state fair for that year.
All moneys money derived from premiums or prizes for such
the county exhibit at the state fair shall be paid into the
treasury of the county.
395.05 [APPOINTMENT OF PERSON TO SUPERVISE.]
The A county commissioners board of any county
appropriating money as provided in section 395.04 shall, at the
same meeting, or some subsequent meeting, appoint a suitable
person who shall be a county resident of the county to supervise
and have full charge of the exhibit and of the disbursement of
the appropriation. The compensation of the person shall be
fixed by The county commissioners board shall set the
compensation for the position at the same meeting at which the
person is appointed, such. Compensation to be shall be paid out
of the appropriation made for the exhibit.
395.06 [APPROPRIATION; BOND.]
The appropriation shall be paid in [on] on the county
auditor's warrant to the person in charge of the exhibit upon
his after filing a good and sufficient bond with the auditor in
double the amount of the appropriation, conditioned that he
shall properly disburse such on the condition that the
appropriation is properly disbursed for the purpose intended,
and make that a true account thereof is made to the county
board of county commissioners as provided in section 395.07.
The bond shall have two freehold sureties and be approved by
auditor shall approve the bond.
395.07 [STATEMENT TO BOARD.]
The person in charge of the exhibit shall render give a
detailed statement to the county board of county commissioners
of all the person's expenditures made by him in maintaining such
to maintain the exhibit, which. The statement shall be rendered
not later than given before November 1st 2 of the year in which
the exhibit is made. If the statement shall show shows that any
part of the appropriation is unexpended not spent, such the
balance shall be paid into the treasury of the county. Upon the
approval of the report by When the county board of county
commissioners, such approves the report, the person shall be
relieved and discharged from all liability under the bond
provided for in section 395.06.
395.08 [ECONOMIC AND AGRICULTURAL DEVELOPMENT.]
The A county board of county commissioners of any county in
this state may appropriate not more than $25,000 annually out of
the general revenue fund of the county, a sum of money not to
exceed $25,000 for any one county. The sum appropriated
shall to be paid to any incorporated development society or
organization of this state which, in the opinion of the
board board's opinion, will use the money for the best interests
of the county in promoting, advertising, improving, or
developing the economic and agricultural resources of the county.
Sec. 15. Minnesota Statutes 1984, section 475.52,
subdivision 3, is amended to read:
Subd. 3. [COUNTIES.] Any county may issue bonds for the
acquisition or betterment of courthouses, jails, poor farms,
morgues, libraries, and hospitals, for roads and bridges within
the county or bordering thereon and for road equipment and
machinery and for ambulances and related equipment, except that
the power of counties to issue bonds in connection with a
library shall not exist in Hennepin county.
Sec. 16. [INSTRUCTIONS TO REVISOR.]
The revisor of statutes shall renumber each section
specified in column A with the numbers in column B. The revisor
shall also make necessary cross-reference changes consistent
with the renumbering.
Column A Column B
392.06 375.72
392.07 375.73
392.08 375.74
392.09 375.75
392.10 375.76
392.11 375.77
395.035 375.78
395.04 375.79
395.05 375.80
395.06 375.81
395.07 375.82
395.08 375.83
Sec. 17. [REPEALER.]
Minnesota Statutes 1984, sections 374.05; 377.02; 377.04;
392.01; 392.02; 392.03; 395.01; 395.02; and 395.03 are repealed.
Approved May 10, 1985
Official Publication of the State of Minnesota
Revisor of Statutes