Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 169-H.F.No. 889
An act relating to local government; providing for the
conduct of the business of towns; providing for
certain town debt; authorizing certain towns to
provide certain services; revising various other town
laws; allowing certain municipalities to set shorter
voting hours; amending Minnesota Statutes 1984,
sections 160.17, subdivision 1; 160.25, subdivision 3;
163.11, subdivision 5a, and by adding a subdivision;
164.06; 204C.05, subdivision 1; 365.10; 365.37;
365.44; 366.095; 367.03, subdivision 2; 367.10;
367.23; 444.075; and 471.56, subdivisions 1 and 3;
proposing coding for new law in Minnesota Statutes,
chapter 379; repealing Minnesota Statutes 1984,
section 375.18, subdivisions 4, 5, and 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 160.17,
subdivision 1, is amended to read:
Subdivision 1. [PLANS AND SPECIFICATIONS TO BE FILED IN
CERTAIN CASES.] No contract for the construction or improvement
of any road by a county or town in which the contract price
exceeds the amount for which sealed bids are required as
provided in section 471.345 shall be let unless the plans and
specifications for the construction or improvement of the county
or county state-aid highway are on file in the office of the
county auditor and a true copy of them available for reference
in the office of the county highway engineer with respect to
county and county state-aid highways, and the plans and
specifications for the construction or improvement of the town
road are on file with the town clerk with respect to town roads.
Sec. 2. Minnesota Statutes 1984, section 160.25,
subdivision 3, is amended to read:
Subd. 3. [TUNNEL TO BE MAINTAINED BY ROAD AUTHORITY.] Any
tunnel constructed as provided in this section under any highway
shall be maintained by the road authority having jurisdiction
over the highway. A town board may charge the costs of
maintenance of the tunnel to the users.
Sec. 3. Minnesota Statutes 1984, section 163.11,
subdivision 5a, is amended to read:
Subd. 5a. [HEARINGS ON CERTAIN REVERSIONS.] Before
adopting a resolution revoking a county highway that would
revert in whole or in part to a town, the county board shall fix
a date, time and place of hearing in the town where the highway
is located to consider the revocation. Not less than 30 days
before the hearing, the county board shall serve notice of the
hearing by certified mail on each member of the town board of
supervisors. At the hearing the town board and all interested
persons shall be entitled to be heard and express their views on
the proposed reversion of the highway to the town. After the
hearing the county board may adopt a resolution revoking the
highway. The resolution revoking the highway shall not be
effective until the county has completed repairs or improvements
on the highway that are necessary to meet the county standards
for a comparable road in the county in which the town is located
following conditions are met:
(1) The county has completed repairs or improvements on the
highway that are necessary to meet the county standards for a
comparable road in the county in which the town is located; and
(2) The county has properly recorded with the county
recorder all county interest in real estate used for the highway.
Sec. 4. Minnesota Statutes 1984, section 163.11, is
amended by adding a subdivision to read:
Subd. 5b. [REVOKED HIGHWAYS; MAINTENANCE.] A county
highway that is revoked by a county board to a town under this
section shall be maintained by the county for a period of two
years from the date of revocation.
Sec. 5. Minnesota Statutes 1984, section 164.06, is
amended to read:
164.06 [ESTABLISH, ALTER, OR VACATE BY RESOLUTION.]
A town board, when authorized by a vote of the electors at
the annual meeting, or at a special meeting called for that
purpose, may establish, alter, or vacate a town road by
resolution, and may acquire the right-of-way as may be necessary
for the road by gift, purchase or as provided in section 164.07.
Sec. 6. Minnesota Statutes 1984, section 204C.05,
subdivision 1, is amended to read:
Subdivision 1. [OPENING AND CLOSING TIMES.] Except as
otherwise provided in this section, at the state primary and the
state general election the hours for voting in every precinct in
the state shall begin at 7:00 a.m. and shall extend continuously
until 8:00 p.m.
Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The governing body
of a town with less than 500 inhabitants according to the most
recent federal decennial census, which is located outside the
metropolitan area as defined in section 473.121, subdivision 2,
may fix a later time for voting to begin at state primary,
special, or general elections, if approved by a vote of the town
electors at the annual town meeting. The question of shorter
voting hours must be included in the notice of the annual town
meeting before the question may be submitted to the electors at
the meeting. The later time may not be later than 10:00 a.m.
for special, primary, or general elections. The town clerk
shall either post or publish notice of the changed hours and
notify the county auditor of the change 30 days before the
election.
Subd. 1b. [ELECTIONS; UNORGANIZED TERRITORY.] An
unorganized territory or unorganized territories which
constitute a voting district may have shorter voting hours if at
least 20 percent of the registered voters residing in the voting
district sign a petition for shorter hours and present it to the
county auditor. The later time may not be later than 10:00 a.m.
for special, primary, or general elections. The county auditor
shall either post or publish notice of the changed hours, within
the voting district, 30 days before the election.
Sec. 7. Minnesota Statutes 1984, section 365.10, is
amended to read:
365.10 [TOWN MEETINGS, POWERS.]
The electors of each town have power, at their annual town
meeting:
(1) To determine the locations of pounds, and number of
poundmasters, and to discontinue any such pounds;
(2) To select such town officers as are to be chosen;
(3) To make lawful orders and bylaws as they deem proper
for restraining horses, cattle, sheep, swine, and other domestic
animals from going at large on the highways, provide for
impounding those animals so going at large, and to fix penalties
for violations of the orders or bylaws;
(4) To vote money for the repair and construction of roads
and bridges, and to vote such sums as they deem expedient for
other town expenses, including the construction and maintenance
of docks and breakwaters;
(5) When they deem it for the interest of the town to
direct that a specified amount of the road tax be expended,
under the direction of their town board, on the roads of an
adjoining town;
(6) To authorize the town board to purchase or build a town
hall or other building for the use of the town, and to
determine, by ballot, the amount of money to be raised for that
purpose; but, if a site for a town hall is once obtained, it
shall not be changed for another site, except by vote therefor
designating a new site by two-thirds of the votes cast at such
election of the legal voters of the town;
(7) To authorize the town board, by vote, to purchase
grounds for a town cemetery, and limit the price to be paid, and
to vote a tax for the payment thereof;
(8) To authorize the town, either by itself or in
conjunction with one or more other towns, to purchase grounds
for a public park and to limit the price to be paid therefor, to
authorize the town, alone or in conjunction with such other town
or towns, to care for, improve, and beautify such parks, and to
determine, by ballot, the amount of money to be raised for that
purpose, and to vote a tax for the payment thereof;
(9) To vote money to aid in the construction of community
halls, to be erected by farm bureaus, farmers clubs, or other
like organizations;
(10) To vote a tax to purchase and maintain a public
dumping ground;
(11) To authorize the town board, by resolution, to
determine whether to open or maintain town roads or town
cartways under the jurisdiction of the town board upon which no
maintenance or construction has been conducted for 25 years or
more. For purposes of this clause the provisions of section
163.16 shall not apply to town roads described in this clause,
nor shall the provisions of this clause apply to cartways.
Nothing in this clause shall be construed to abridge the right
of town voters or land owners to petition for the establishment
of a cartway as provided in section 164.08;
(12) To authorize the town board to spend money in an
amount as determined by the electors for the purpose of
commemorating an event of historical significance to the town;
(13) To authorize the town board to provide, by ordinance,
for licensing and regulating the presence or keeping of dogs and
cats and their running at large within the town; and
(14) To authorize the town board to contract with nonprofit
organizations for health, social, or recreational services in an
amount not to exceed a total of $5,000 in any year when deemed
in the public interest and of benefit to the town.
Sec. 8. Minnesota Statutes 1984, section 365.37, is
amended to read:
365.37 [CONTRACTS; LET ON BIDS, OFFICERS NOT TO BE
INTERESTED.]
Except as provided in sections 471.87 to 471.89, no
supervisors, town clerk, or town board shall become a party to,
or be directly or indirectly interested in, any contract made or
payment voted by the town board and all contracts let on bid
shall be let to the lowest responsible bidder after ten days
public notice, posted in the three most public places in the
town or published for two weeks in a newspaper generally
circulated in the town, of the time and place of receiving bids.
In cases of special emergency, a contract may be let without the
notice being given or sealed bids solicited. Every contract
made and payment voted or made contrary to the provisions of
this section shall be void and any such officer violating the
provisions of this section shall be guilty of a misdemeanor and,
in addition to the provisions prescribed by law, removed from
office.
Sec. 9. Minnesota Statutes 1984, section 365.44, is
amended to read:
365.44 [SEPARATION FROM A STATUTORY CITY.]
Upon filing with the clerk of any town, except in any town
having an area of more than two congressional townships and an
assessed valuation of more than $1,500,000 or having a
population of more than 1,000 including the population of any
statutory city located within the town, of a notice, signed by
not less than 50 town voters thereof residing either within or
without the statutory city to be separated stating that the
question of the separation of such the town for all purposes
from any statutory city located therein within the town will be
voted upon at the next annual town meeting, the clerk shall
insert such the statement in the notice of such the meeting, and
the question shall be voted upon by a ballot. If a majority of
the votes cast upon such the proposition be in favor of the
separation, such the town shall thereafter be separated
from such the statutory city for all purposes. Only voters
residing without the statutory city shall be entitled to may
vote upon such the question at said the town meeting.
Sec. 10. Minnesota Statutes 1984, section 366.095, is
amended to read:
366.095 [FINANCING PURCHASE OF CERTAIN EQUIPMENT.]
The town board may issue certificates of indebtedness
within the existing debt limits for the purpose of purchasing
fire or police equipment or ambulance equipment or road
construction or maintenance equipment a town purpose otherwise
authorized by law. The certificates shall be payable in not
more than five years and shall be issued on the terms and in the
manner as the board may determine. If the amount of the
certificates to be issued to finance the purchase exceeds one
percent of the assessed valuation of the town, excluding money
and credits, they shall not be issued for at least ten days
after publication in a newspaper of general circulation in the
town of the board's resolution determining to issue them; and if
before the end of that time, a petition asking for an election
on the proposition signed by voters equal to ten percent of the
number of voters at the last regular town election is filed with
the clerk, the certificates shall not be issued until the
proposition of their issuance has been approved by a majority of
the votes cast on the question at a regular or special
election. A tax levy shall be made for the payment of the
principal and interest on the certificates as in the case of
bonds.
Sec. 11. Minnesota Statutes 1984, section 367.03,
subdivision 2, is amended to read:
Subd. 2. [VACANCIES.] When a vacancy occurs in any a town
office the town board shall fill the same vacancy by appointment.
The person so appointed shall hold his office until the next
annual town meeting and until his successor qualifies; provided,
that when a successor shall be elected to hold office for the
unexpired term. A vacancy in the office of supervisor shall be
filled by the remaining supervisors and the town clerk until the
next annual town meeting, when his successor shall be elected to
hold for the unexpired term. When, because of a vacancy, more
than one supervisor is to be chosen at the same election,
candidates for the offices of supervisor shall file for one of
the specific terms being filled. Law enforcement vacancies
shall be filled by appointment by the town board.
Sec. 12. Minnesota Statutes 1984, section 367.10, is
amended to read:
367.10 [TOWN CLERK; BOND; OATH.]
Every town clerk, before beginning the duties of the
office, shall give bond to the town in an amount to be
determined by the town board, conditioned for the faithful
discharge of the duties of clerk. The bond, with the oath of
office, shall be filed with the county auditor.
Sec. 13. Minnesota Statutes 1984, section 367.23, is
amended to read:
367.23 [BONDS, HOW EXECUTED.]
Every bond required of a town officer shall be executed to
the town by its name and, when no other provision is made, shall
be in a sum fixed by the town board; and, if none is fixed, then
in the sum of the bond of the last incumbent of the office.
Every bond shall be approved by the chairman and filed with the
town clerk within the time prescribed for filing the oath of
office, except the bonds of the clerk and the treasurer, which
shall be filed with the county auditor. Whenever the town board
deems any bond insufficient, it may require an additional bond
to be made and filed, in a sum, and within a time not less than
ten days, to be fixed by it.
Sec. 14. [379.045] [FIRST TOWN MEETING; ELECTION OF
OFFICERS.]
The first town meeting and election of officers in each new
town shall be held as provided in sections 365.50 and 367.03,
subdivision 1.
Sec. 15. Minnesota Statutes 1984, section 444.075, is
amended to read:
444.075 [WATERWORKS SYSTEMS, MAIN SEWERS, SEWAGE DISPOSAL
PLANTS.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the term "municipality" means a home rule charter or
statutory city or a town located in a metropolitan county as
defined in section 473.121, subdivision 4. The term "governing
body" means the town board of supervisors with respect to towns.
Subd. 1a. [AUTHORIZATION.] Any home rule charter city,
except cities of the first class, or any statutory city may
build, construct, reconstruct, repair, enlarge, improve, or in
any other manner obtain
(i) waterworks systems, including mains, valves, hydrants,
service connections, wells, pumps, reservoirs, tanks, treatment
plants, and other appurtenances of a waterworks system,
(ii) sewer systems, sewage treatment works, disposal
systems, and other facilities for disposing of sewage,
industrial waste, or other wastes, and
(iii) storm sewer systems, including mains, holding areas
and ponds, and other appurtenances and related facilities for
the collection and disposal of storm water, all hereinafter
called facilities, and maintain and operate the same facilities
inside or outside its corporate limits, and acquire by gift,
purchase, lease, condemnation or otherwise any and all land and
easements required for that purpose. The authority hereby
granted shall be is in addition to all other powers with
reference to the facilities otherwise granted by the laws of
this state or by the charter of any city municipality. The
authority granted in clause (iii) to cities municipalities which
have territory within a watershed which has adopted a watershed
plan pursuant to section 473.878 shall be exercised, with
respect to facilities acquired following the adoption of the
watershed plan, only for facilities which are not inconsistent
with the watershed plan. The authority granted in clause (iii)
to cities municipalities which have adopted local water
management plans pursuant to section 473.879 shall be exercised,
with respect to facilities acquired following the adoption of a
local plan, only for facilities which are not inconsistent with
the local plan. Counties, except counties in the seven county
metropolitan area, shall have the same authority granted to
cities municipalities by this subdivision except for areas of
the county organized into cities and areas of the county
incorporated within a sanitary district established by special
act of the legislature.
Subd. 2. [FINANCING.] For the purpose of paying the cost
of building, constructing, reconstructing, repairing, enlarging,
improving, or in other manner obtaining such the facilities or
any portion thereof of them, any such city a municipality or
county may issue and sell its general obligations, which may be
made payable primarily from taxes or from special assessments to
be levied to pay the cost of the facilities or from net revenues
derived from water or sewer service charges or from any other
nontax revenues pledged for their payment under charter or other
statutory authority, or from any two or more of such the sources;
or it may issue special obligations, payable solely from such
taxes or special assessments or from such revenues, or from any
two or more of such the sources. Real estate tax revenues
should be used only, and then on a temporary basis, to pay
general or special obligations when the other revenues are
insufficient to meet the obligations. All such obligations
shall be issued and sold in accordance with chapter 475. When
special assessments are pledged for the payment of such the
obligations, they shall be authorized and issued in accordance
with the further provisions of chapter 429, or of
the municipality's city's charter if it authorizes such these
obligations and the governing body determines to
proceed thereunder under the charter. When net revenues are
pledged to the payment of the obligations, together with or
apart from taxes and special assessments, such the pledge shall
be made in accordance with the further provisions of subdivision
3.
Subd. 3. [CHARGES; NET REVENUES.] For the purpose of
paying To pay for the construction, reconstruction, repair,
enlargement, improvement, or other obtainment and the
maintenance, operation and use of such the facilities, the
governing body of any such city a municipality or county shall
have authority to may impose just and equitable charges for the
use and for the availability of such the facilities and for
connections therewith with them and to make contracts for such
the charges as hereinafter provided in this section. Such The
charges may be imposed with respect to facilities made available
by agreement with other municipalities, counties or private
corporations or individuals, as well as those owned and operated
by the city municipality or county itself. Charges made for
service directly rendered shall be as nearly as possible
proportionate to the cost of furnishing the same service, and
sewer charges may be fixed on the basis of water consumed, or by
reference to a reasonable classification of the types of
premises to which service is furnished, or by reference to the
quantity, pollution qualities and difficulty of disposal of
sewage and storm water produced, or on any other equitable basis
including, but without limitation, any combination of those
referred to above. Minimum charges for the availability of
water or sewer service may be imposed for all premises abutting
on streets or other places where municipal or county water mains
or sewers are located, whether or not connected thereto to
them. Charges for connections to the facilities may in the
discretion of the governing body be fixed by reference to the
portion of the cost thereof of connection which has been paid by
assessment of the premises to be connected, in comparison with
other premises, as well as the cost of making or supervising the
connection. The governing body may make any such the charges a
charge against the owner, lessee, occupant or all of them and
may provide and covenant for certifying unpaid charges to the
county auditor with taxes against the property served for
collection as other taxes are collected. The governing body may
fix and levy taxes for the payment of reasonable charges to the
municipality or county itself for the use and availability of
the facilities for fire protection, for maintaining sanitary
conditions, and for proper storm water drainage in and for
public buildings, parks, streets, and other public places. In
determining the reasonableness of the charges to be imposed, the
governing body may give consideration to all costs of the
establishment, operation, maintenance, depreciation and
necessary replacements of the system, and of improvements,
enlargements and extensions necessary to serve adequately the
territory of the city municipality or county including the
principal and interest to become due on obligations issued or to
be issued therefor. When net revenues have been appropriated to
the payment of the cost of the establishment, or of any
specified replacement, improvement, enlargement or
extension thereof, or to pay the principal and interest due on
obligations to be issued for such purpose, no charges imposed to
produce net revenues adequate for such the purpose shall be
deemed unreasonable by virtue of the fact that the project to be
financed has not been commenced or completed, if
proceedings therefor for it are taken with reasonable dispatch
and the project, when completed, may be expected to make service
available to the premises charged which will have a value
reasonably commensurate with such the charges. All such
charges, when collected, and all moneys received from the sale
of any facilities or equipment or any by-products thereof, shall
be placed in a separate fund, and shall be used first to pay the
normal, reasonable and current costs of operating and
maintaining the facilities. The net revenues from time to time
received in excess of such the costs may be pledged by
resolutions of the governing body, or may be used though not so
pledged, for the payment of principal and interest on
obligations issued as provided in subdivision 2, or to pay such
the portion of said the principal and interest as may be
directed in such the resolutions, and net revenues derived from
any facilities of the types listed in subdivision 1 1a, whether
or not financed by the issuance of such the obligations, may be
pledged or used to pay obligations issued for other facilities
of any such the same types. In resolutions authorizing the
issuance of either general or special obligations and pledging
net revenues thereto to them, the governing body may make such
covenants for the protection of holders of the obligations and
taxpayers of the municipality or county as it deems necessary,
including, but without limitation, a covenant that the
municipality or county will impose and collect charges of the
nature herein authorized by this section at the times and in the
amounts required to produce, together with any taxes or special
assessments designated as a primary source of payment of the
obligations, net revenues adequate to pay all principal and
interest when due on the obligations and to create and
maintain such reserves securing said the payments as may be
provided in said the resolutions. When such a covenant is made
it shall be enforceable by appropriate action on the part of any
holder of the obligations or any taxpayer of the municipality or
county in a court of competent jurisdiction, and the obligations
shall be deemed to be payable wholly from the income of the
system whose revenues are so pledged, within the meaning of
sections 475.51 and 475.58.
Subd. 4. [LEVY ASSESSMENTS.] The governing body of any
such city a municipality or county may also levy assessments
against property within the city municipal or county limits
benefited by such the facilities under the procedure authorized
by law or charter with reference to other assessments for
benefits of local improvements, may transfer and use for the
purposes hereof surplus funds of the city municipality or county
not specifically dedicated to any other another purpose, and may
levy taxes on property within the city municipal or county
limits for such the purposes within the limitations of section
275.11; except that of the taxes so levied, including taxes
initially levied under section 475.61 for the payment of the
principal and interest on the bonds issued therefor and interest
thereon, an amount equal to 35 percent of the total cost of the
construction, reconstruction, repair, enlargement, improvement,
or other obtainment of any such the facilities, plus an amount
sufficient to pay the interest on the bonds issued in an amount
equal to 35 percent of the total cost of the construction,
reconstruction, repair, enlargement, improvement, or other
obtainment of any such the facilities, shall not be included in
computing the levies subject to the limitations of such section
275.11. Any such city A municipality or county may contract
with any person, company or corporation for the purposes and
under the restrictions set forth in subdivision 5. Any such The
contract shall be binding upon the parties thereto to it for the
full term agreed upon but in no event more than 30 years, and
shall not be changed by either party without the consent of the
other party.
Subd. 5. [CONNECTION WITH FACILITIES; CHARGES.] Any such
city A municipality or county is hereby authorized to may permit
any a person, company or corporation located and doing business
inside or outside of the city municipal or county limits to
connect with such the facilities and make use of the same them
upon such terms and upon the payment of such fees and charges
therefor as may be prescribed or contracted for by the city
municipality or county, and to contract with any such a person,
company or corporation for the payment by such the person,
company or corporation of a part of the cost of construction,
maintenance or use of such the facilities and to receive
from such the person, company or corporation doing business
inside or outside of the city municipal or county limits payment
in cash or installments of such the portion of the cost of the
construction, maintenance or use thereof as may be agreed upon
or contracted for with the city municipality or county and
devote the money so received to the purpose of such the
construction, maintenance or use. The proportionate cost of
construction, maintenance or use of such the facilities to be
paid by such the person, company, or corporation may be made
payable in installments due at not greater than annual intervals
for a period not to exceed 30 years. Any such A person, company
or corporation which may pay any part of the cost of
construction, maintenance or use of such the facilities in the
manner aforesaid described, shall thereafter have the right to
use such the facilities for the disposal or treatment of his,
their or its sewage, industrial waste, or other wastes, by the
city municipality or county upon the payment of reasonable
charges for the use of such the facilities or the charges
contracted for in case there is a contract as herein provided in
this subdivision. Any such city A municipality or county may
contract with any other city another municipality or county for
the joint or cooperative obtainment or use of such facilities
without limitation of time.
Sec. 16. Minnesota Statutes 1984, section 471.56,
subdivision 1, is amended to read:
471.56 [MUNICIPAL FUNDS.]
Subdivision 1. Any municipal funds, not presently needed
for other purposes, may be deposited or invested in the manner
and subject to the conditions provided in section 475.66 for the
deposit and investment of debt service funds. The term
"municipal funds" as used herein shall include all general,
special, permanent, trust, and other funds, regardless of source
or purpose, held or administered by any county or, city, or town
or by any officer or agency thereof, in the state of Minnesota.
Sec. 17. Minnesota Statutes 1984, section 471.56,
subdivision 3, is amended to read:
Subd. 3. Such county, city, town, or official or agency
thereof, may at any time sell obligations purchased pursuant to
this section, and the money received from such sale, and the
interest and profits or loss on such investment shall be
credited or charged, as the case may be, to the fund from which
the investment was made. Neither such official nor agency, nor
any other official responsible for the custody of such funds
shall be personally liable for any loss sustained from the
deposit or investment of funds in accordance with the provisions
of section 475.66.
Sec. 18. [REPEALER.]
Minnesota Statutes 1984, section 375.18, subdivisions 4, 5,
and 6, are repealed.
Approved May 21, 1985
Official Publication of the State of Minnesota
Revisor of Statutes