Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 30-H.F.No. 991 
           An act relating to local government; regulating 
          certain municipal dissolutions and annexations; 
          amending Minnesota Statutes 1984, sections 412.091; 
          414.033, by adding subdivisions; and 414.061, by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 412.091, is 
amended to read: 
    412.091 [DISSOLUTION.] 
    Whenever a number of voters equal to one-third of those 
voting at the last preceding city election shall petition the 
council municipal board therefor, a special election shall be 
called to vote upon the question of dissolving the city.  Before 
the election, the executive director of the board shall 
designate a time and place for a hearing before the board in 
accordance with section 414.09.  After the hearing the board 
shall issue its order which shall include a date for the 
election, a determination of what town or towns the territory of 
the city shall belong to if the voters favor dissolution, and 
other necessary provisions.  The ballots used at such election 
shall bear the printed words, "For Dissolution" and "Against 
Dissolution," with a square before each phrase in which the 
voter may express his preference by a cross.  If a majority of 
those voting on the question favor dissolution, the clerk shall 
file a certificate of the result with the municipal board, the 
secretary of state and the county auditor of the county in which 
the city is situated.  Six months after the date of such 
election, the city shall cease to exist as such and shall become 
a part of the town in which it lies.  Within such six months, 
the council shall audit all claims against the city, settle with 
the treasurer, and other city officers, and apply the assets of 
the city to the payment of its debts.  If any debts remain 
unpaid, other than bonds, the city clerk shall file a schedule 
of such debts with the county treasurer and the council shall 
levy a tax sufficient for their payment, the proceeds of which, 
when collected, shall be paid by the county treasurer to the 
creditors in proportion to their several claims until all are 
discharged.  The principal and interest on outstanding bonds 
shall be paid when due by the county treasurer from a tax 
annually spread by the county auditor against property formerly 
included within the city until the bonds are fully paid.  All 
city property and all rights of the city shall, upon 
dissolution, inure in the town or towns designated by the board 
as the legal successor to the city.  If the city lies in 
territory goes to more than one town, surplus cash assets shall 
be distributed to the respective towns in proportion to the 
assessed valuation of that portion of the city lying in each; 
and the city council shall determine the disposition of other 
unsold city property in such cases shall be distributed as 
provided by the board order.  
    Sec. 2.  Minnesota Statutes 1984, section 414.033, is 
amended by adding a subdivision to read:  
    Subd. 9.  The municipal board in its approval letter may 
state the population of the area annexed by ordinance.  The 
stated population shall be effective on the date of the letter 
or at a later date set in the letter.  If population information 
is not contained in the petition or notice of intent for 
annexation and the annexation ordinance, the board shall not 
state the population. 
    Sec. 3.  Minnesota Statutes 1984, section 414.033, is 
amended by adding a subdivision to read:  
    Subd. 10.  The municipal board may, at its discretion, 
require the city or property owners to furnish additional 
information concerning an annexation by ordinance to inform the 
board about the extent to which the proposed annexation conforms 
to the statutory criteria set forth in sections 414.01, 
subdivision 1 and 414.031, subdivision 4. 
    Sec. 4.  Minnesota Statutes 1984, section 414.061, is 
amended by adding a subdivision to read:  
    Subd. 5.  [PROPERTY OWNER INITIATION.] Property owners may 
initiate proceedings for the concurrent detachment of their 
property from one municipality and its annexation to an adjacent 
municipality by a petition signed by all of them.  The board 
shall conduct hearings and issue its order as in the case of 
consolidations of two or more municipalities under sections 
414.041, subdivisions 3 and 5 and 414.09. 
    Approved April 19, 1985