Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 401-H.F.No. 2084 
           An act relating to statutes; revising the text of 
          certain laws to remove redundant and obsolete 
          language, to simplify grammar and syntax, and to 
          improve the style of language without causing changes 
          in the meaning of the laws; amending Minnesota 
          Statutes 1988, chapters 367, as amended; and 368, as 
          amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                             REVISOR'S BILL 

                               ARTICLE 1 
    Section 1.  Minnesota Statutes 1988, chapter 367, as 
amended by Laws 1989, chapter 24, sections 1 to 6, is amended to 
read: 
    367.01 [DELIVERY TO SUCCESSOR.] 
    Every town officer shall, immediately after qualifying, 
demand of from the officer's predecessor, or other person having 
control or possession thereof of them, all books, records, and 
other property belonging to the office; and.  Every person 
having control or possession of any such books, records, or 
property of them shall, upon such the demand, deliver the same 
them to such the officer.  
    367.02 [RESIGNATIONS.] 
    The town board, for sufficient cause shown to it, shall 
accept the resignation of any town officer, in which case.  The 
board shall forthwith promptly give notice thereof of the 
resignation to the town clerk.  
    367.03 [OFFICERS ELECTED AT ANNUAL ELECTION; VACANCIES.] 
    Subdivision 1.  [OFFICERS, TERMS.] Except in towns 
operating under option A, there three supervisors shall be 
elected in each town three supervisors as provided in this 
section.  Where When a new town has been or may be is organized 
and supervisors have been or may be are elected for such town at 
a town meeting prior to the annual town election, such 
supervisors they shall serve only until the next annual town 
election.  At which that election three supervisors shall be 
elected, one for three years, one for two years, and one for one 
year, so that the term of one shall expire each year.  The 
number of years for which each is elected shall be indicated on 
the ballot.  At all other following annual town elections one 
supervisor shall be elected for three years to fill the place of 
succeed the one whose term expires at that time.  Except in 
towns operating under either option B or option D, or 
both, there shall be elected at the annual town election held in 
even-numbered years one town clerk, and at the annual town 
election held in odd-numbered years one town treasurer shall be 
elected.  The clerk and treasurer each shall serve for a term of 
two years and until their successors are elected and qualified.  
    Subd. 2.  [VACANCIES.] When a vacancy occurs in a town 
office, the town board shall fill the vacancy by appointment.  
The person appointed shall hold office until the next annual 
town election, 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 election, when a 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.  
    367.033 [SERVICE ON SCHOOL BOARDS; INCOMPATIBILITY OF 
OFFICES.] 
    Notwithstanding any statute or other law to the contrary, 
any a person may serve on both the a school board, however 
organized, and the a town board of supervisors concurrently.  
This section does not apply to members of the town board of any 
a town exercising the powers of a statutory city under section 
368.01, or any a special law.  
    367.05 [COMPENSATION; TOWN OFFICERS AND EMPLOYEES.] 
    Subdivision 1.  The town board shall set the compensation 
of supervisors, town assessors, the treasurer, clerk, deputy 
clerk, if one is employed, the road overseer, and other 
employees of the town in an amount to be determined by the town 
board.  In addition to the compensation provided pursuant to 
this section, supervisors, assessors, treasurers, clerks, deputy 
clerks, road overseers, and other employees of the town shall be 
entitled to mileage for the use of the person's their own 
automobile at a rate to be determined by the town board for each 
mile necessarily traveled necessary travel on official town 
business.  The town board may fix the hours of employment for 
town employees, and reimburse a town assessor for expenses.  
    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 shall be filed with 
the county auditor.  
    367.11 [DUTIES.] 
    It shall be the duty of the town clerk:  
    (1) to act as clerk of the town board, and to keep in the 
clerk's office a true record of all of its proceedings; 
    (2) unless otherwise provided by law, to have the custody 
of the records, books, and papers of the town, and to file and 
safely keep all papers required by law to be filed in the 
clerk's office; 
    (3) to record minutes of the proceedings of every town 
meeting in the book of town records, and to enter in them at 
length every order or direction and all rules and regulations 
made by the town meeting; 
    (4) to file and preserve all accounts audited by the town 
board or allowed at a town meeting, and to enter a statement of 
them in the book of records; 
    (5) to transmit to the court administrator of the district 
court, immediately after the election of any town constable, a 
written notice stating the name of the person elected; the term 
for which the person was elected; if elected to fill a vacancy, 
the name of the last incumbent of the office; and after a 
constable is qualified, and, upon the resignation of a 
constable, to immediately notify the clerk; 
    (6) to record every request for any a special vote or 
special town meeting, and properly post the requisite notices of 
them; 
    (7) (6) to post, as required by law, fair copies of all 
bylaws made by the town, and make a signed entry in the town 
records, of the time when and the places where they were posted 
and keep an ordinance book in which shall be recorded record in 
full all ordinances passed by the town board in an ordinance 
book; 
    (8) (7) to furnish to the annual meeting of the town board 
of audit every statement from the county treasurer of money paid 
to the town treasurer, and all other information about fiscal 
affairs of the town in the clerk's possession, and all accounts, 
claims, and demands against the town filed with the clerk; and 
    (9) (8) to perform any other duties required by law.  
    367.12 [DEPUTY.] 
    Each town clerk may appoint a deputy, for whose acts the 
clerk shall be responsible, and who, in case of the clerk's 
absence or disability, shall perform the clerk's duties.  
    367.13 [LOCATION OF OFFICE.] 
    The clerk of any a town in this state may hold office 
in any a statutory city the territory of which shall have been 
was, prior to the before incorporation thereof, a part of and 
included within the boundaries of the town.  
    367.14 [NEW TOWN.] 
    When a new town is organized, embracing any part of an 
existing town, the clerk of the existing town shall deliver to 
the clerk of the new town all papers and files removable 
pertaining to the new town that can be moved, and certified 
copies of all records, papers, and files not removable, 
pertaining to such new town; and the same, being that cannot be 
moved.  When deposited in the office of the clerk of the new 
town, the certified copies shall have the same effect as if 
originals and that were originally filed therein there.  
    367.15 [TOWN TREASURER; BOND.] 
    Every town treasurer, before beginning the duties of the 
office, shall give bond to the town in an amount to be 
determined by the board, conditioned for the faithful discharge 
of the duties of treasurer.  The bond shall be filed for record 
with the county auditor.  
    367.16 [DUTIES.] 
    It shall be is the duty of the town treasurer:  
    (1) To receive and take charge of all the moneys money 
belonging to the town, or which are is required to be paid into 
its treasury, and to pay it out the same only upon the lawful 
order of such the town or its officers, made pursuant to law; 
    (2) To preserve all books, papers, and property pertaining 
to or filed in the treasurer's office; 
    (3) To keep a true account of all moneys money received as 
treasurer, and the manner in which they are it is disbursed, in 
a book provided for that purpose, and exhibit such provide the 
account, together with the treasurer's vouchers, to the town 
board of audit, at its annual meeting, for adjustment; 
    (4) To deliver, on demand, all books and property belonging 
to the treasurer's office, and all moneys money in the 
treasurer's hands as such treasurer, to a qualified successor in 
office, when qualified; 
    (5) To keep in a suitable book a register of all town 
orders presented for payment that cannot be paid for want of 
funds, with the date when so presented, and to endorse upon the 
back of all such orders each the words "not paid for want of 
funds," with the date of the endorsement, signed by the town 
treasurer; 
    (6) To draw from the county treasurer, from time to time, 
such moneys as have been money received by such the county 
treasurer for the town, and receipt therefor for it; 
    (7) To make and file with the town clerk, within five days 
preceding the annual town meeting, a statement, in writing, of 
the moneys money received from the county treasurer and from all 
other sources, and all moneys money paid out as such town 
treasurer, setting forth.  The statement shall show the items 
thereof, of money received and from whom and, on what account 
and when each was received, and the date of receiving the same; 
also.  The statement shall also show the items of payment and to 
whom and, for what purpose any moneys have been paid out, with 
the amount and date of, when and the amount of each payment that 
was made, and the unexpended balance on hand; and 
    (8) To perform such other duties as are required by law.  
    367.17 [NEGLECT OF DUTY.] 
    Every A town treasurer who refuses or neglects to comply 
with the provisions of section 367.16 shall be is guilty of a 
gross misdemeanor and, in addition to the punishment prescribed 
therefor, shall also forfeit office as such treasurer.  
    367.18 [AUDITED ACCOUNTS; PAYMENT, FORM.] 
    Accounts audited and allowed, and the amount of any account 
voted to be allowed, at any town meeting, shall be paid by the 
town treasurer, on the order of the town board, signed by the 
chair and countersigned by the clerk.  Each order shall be so 
drawn so that when signed by the treasurer in an appropriate 
place, it becomes a check on the town depository.  The order 
shall be received in payment of town taxes of the town.  
    367.19 [ORDER OF PAYMENT; INTEREST.] 
    Town orders shall bear interest at the rate provided in 
section 475.55 from the date when presented to the treasurer for 
payment, and.  They shall be paid in the order in which they are 
registered, out of the first money that comes into the 
treasurer's hands for that purpose.  
    367.22 [LAW ENFORCEMENT OFFICIAL'S BOND.] 
    Before entering upon beginning duties, and within ten days 
after being notified of appointment, every law enforcement 
official shall give bond to the town, in a sum directed and with 
sureties approved by the chair of the town board, conditioned 
for the faithful discharge of official duties.  The chair shall 
endorse such approval on the bond, and cause have it to be filed 
with the town clerk, for the benefit of any person aggrieved by 
the acts or omissions of the law enforcement official, and.  Any 
person so aggrieved by the acts or omissions may maintain an 
action thereon on the bond, in the person's own name, against 
the law enforcement official and the sureties.  The town may 
also maintain an action.  
    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, it 
shall be in a sum fixed by the town board; and or, if none is 
fixed, then in the sum of the bond of the last incumbent of the 
office.  Every bond shall be 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 When the town board deems any a 
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.  
    367.24 [FEES AND DUTIES OF POUNDMASTERS.] 
    Poundmasters shall be allowed fees in amounts as determined 
by the town board for the following:  
    (1) Taking animals into the pound and discharging them; 
    (2) Keeping animals in pound; and 
    (3) Selling impounded animals.  
    The poundmaster shall have a lien on impounded animals for 
fees, which shall be paid before such the animals are discharged.
If not discharged within four days, they shall be advertised by 
the poundmaster for sale at public auction to the highest 
bidder, at the place where impounded, upon 15 days' posted 
notice.  At the time and place fixed by the notice the 
poundmaster shall sell the same animals pursuant thereto to the 
notice.  Out of the moneys money received from such the sale 
the poundmaster shall deduct fees and charges, and.  The 
poundmaster shall pay the balance to the chair of the town board 
and, at the same time, deliver to the chair a correct written 
description of each animal sold and a statement of the amount 
received for the same it.  The poundmaster shall take duplicate 
receipts therefor for the animals, one of which shall be filed 
with the clerk.  If the owner of any an animal so sold appears 
within 30 days, the money received by the chair shall be paid to 
the owner.  If not claimed within that time, it shall be paid 
into the town treasury.  
    367.25 [OATH OF OFFICE; BOND; FILING; PENALTIES.] 
    Subdivision 1.  [REQUIREMENT, FEE.] Every person elected or 
appointed to a town office, within ten days after receiving a 
certificate or notice of election or appointment, shall take and 
subscribe the oath required by law.  If taken before the town 
clerk, the oath shall be administered and certified without fee. 
    Subd. 2.  [BOND AND OATH, VIOLATIONS.] Before entering upon 
duties, the person taking the oath shall file the same it with 
the town clerk.  Failure to file the oath and bond within the 
time required shall be deemed a refusal to serve.  
    Subd. 3.  [OATH, VIOLATIONS.] Any A town officer who enters 
upon the duties of office before taking the oath required shall 
forfeit to the town the sum of $50.  
    367.30 [OPTIONAL PLANS.] 
    Subdivision 1.  [OPTION A; FIVE MEMBER TOWN BOARD.] Any A 
town may provide for a five member board of supervisors as 
hereinafter provided in sections 367.30 to 367.36.  This option 
shall be referred to as is option A.  
    Subd. 2.  [OPTION B; APPOINTMENT OF CLERK AND TREASURER.] 
Any A town may provide for the appointment by the town board of 
its clerk or treasurer, or both, as hereinafter provided for in 
sections 367.30 to 367.36.  This option shall be referred to as 
is option B.  
    Subd. 3.  [OPTION C; TOWN ADMINISTRATOR.] Any A town may 
provide for the appointment of an administrator as hereinafter 
provided for in sections 367.30 to 367.36.  This option shall be 
referred to as is option C.  
    Subd. 4.  [OPTION D; COMBINATION OF THE OFFICES OF CLERK 
AND TREASURER.] Any A town may provide for combining combine the 
offices of clerk and treasurer.  A town may provide that the 
combined office be made elective or appointive.  This option 
shall be referred to as is option D.  
    367.31 [ADOPTION OF SPECIFIC OPTION.] 
    Subdivision 1.  [SUBMISSION TO ELECTORS.] Except as 
provided otherwise in subdivision 2, the town board may, and 
upon a petition signed by electors equal in number to at least 
15 percent of the electors voting at the last previous town 
election shall, submit to the electors at an annual town 
election the question of adopting option A, B, C, or D.  
    Subd. 2.  [MANDATORY SUBMISSION OF OPTION A IN URBAN 
TOWNS.] The town board of a town exercising the powers of a 
statutory city pursuant to section 368.01 or pursuant to a 
special law granting substantially similar powers shall submit 
the adoption of option A to the electors at the annual town 
meeting next following June 3, 1975.  The town board of any town 
hereafter qualifying that subsequently qualifies under section 
368.01 or receiving receives substantially similar powers 
pursuant to a special law adopted after June 3, 1975, shall 
submit the adoption of option A to the electors at the annual 
town election next following the grant of powers pursuant to 
section 368.01 or special act.  
    Subd. 3.  [NOTICE OF QUESTION.] When the adoption of a 
specific option is to be voted on at the annual election, the 
town clerk shall include notice of the question in the notice of 
the annual election.  
    Subd. 4.  [ELECTION; FORM OF BALLOT.] The proposals for 
adoption of the options shall be stated on the ballot 
substantially as follows:  
    "Shall option A, providing for a five member town board of 
supervisors, be adopted for the government of the town?"  
    "Shall option B, providing for the appointment of the clerk 
and treasurer by the town board, be adopted for the government 
of the town?"  
    "Shall option C, providing for the appointment of a town 
administrator by the town board, be adopted for the government 
of the town?"  
    "Shall option D, providing for the combining of the offices 
of clerk and treasurer, be adopted for the government of the 
town?"  
    If a proposal under option B is to appoint only the clerk 
or only the treasurer, the ballot question shall be varied to 
read appropriately.  The ballot question for a proposal under 
option D must be varied to show whether the combined office is 
to be appointive or elective.  In any of these cases, the 
question shall be followed by the words "Yes" and "No" with an 
appropriate square before each in which an elector may record a 
choice.  
    Subd. 5.  [ADOPTION BY AFFIRMATIVE VOTE.] If a majority of 
the votes cast on the question of adoption of option A, B, C, or 
D is in the affirmative, the option so voted upon shall be 
adopted in the town, and once placed in effect,.  It shall 
remain in effect until abandoned by a similar majority at a 
subsequent annual town election at which the question of 
abandonment is submitted.  
    Subd. 6.  [ABANDONMENT OF OPTIONS; THREE-YEAR LIMITATION.] 
At any time more than three years after the adoption of an 
option, the question of its abandonment of the option may be 
submitted to the electors, in the same manner as provided for 
the submission of the question of adoption, except that in the 
statement of the question on the ballot, the word "abandoned" 
shall be substituted for the word "adopted."  If a majority of 
the votes cast on the question is in favor of abandonment, the 
plan shall be abandoned.  Subject to the provisions for 
transition back to the regular form of town government, the form 
of town government existing prior to adoption of the abandoned 
option shall be resumed in the town.  
    Subd. 7.  [REPORT BY TOWN CLERK.] When the question of 
adoption or abandonment of an option is submitted, the town 
clerk shall promptly file with the county auditor and with the 
secretary of state a certificate stating the date of the 
election, the question submitted, and the vote on the question.  
    367.32 [APPLICABLE LAWS AND ORDINANCES; RIGHTS PRESERVED.] 
    Subdivision 1.  All laws of the state applicable to a town 
before adoption of an option and not inconsistent consistent 
with the provisions relating to the option shall apply to and 
govern the town after adoption of an option.  
    Subd. 2.  Any ordinance or resolution in effect at the time 
of adoption of an option shall continue in effect until amended 
or repealed, notwithstanding the adoption of the option.  
    Subd. 3.  No valid and legally subsisting right or 
liability and no judicial proceeding shall be affected by a 
change in the form of town government unless otherwise provided. 
    367.33 [OPTION A; ELECTION OF ADDITIONAL SUPERVISORS.] 
    Subdivision 1.  [ELECTION AT ANNUAL ELECTION OR SPECIAL 
ELECTION.] Following the adoption of option A in a town, except 
a town exercising the powers of a statutory city, the town board 
may call a special town election to be held not less than 
30 days nor more than 60 days after the annual town election at 
which the option is adopted, for the purpose of electing to 
elect two additional members to the board of supervisors.  In 
lieu of calling a special election, the town board may determine 
to elect the additional two members of the town board at the 
next annual town election.  
    If the town is exercising the powers of a statutory 
city pursuant to under section 368.01 or pursuant to a special 
law granting substantially similar powers, the town board shall 
call a special election to be held not less than 30 days nor 
more than 60 days after the annual election at which option A is 
adopted for the purpose of electing to elect the two additional 
supervisors.  
    Subd. 2.  [NOTICE OF SPECIAL ELECTION.] If a special 
election is called pursuant to under subdivision 1, the clerk 
shall cause give ten days posted notice thereof to be given of 
it, specifying the its purpose for which it is to be held.  If a 
newspaper is published in the town, the clerk shall cause give 
one week's published notice of the election to be given.  
    Subd. 3.  [AFFIDAVITS OF CANDIDACY.] The provisions of 
Section 205.13 shall apply to the filing of affidavits of 
candidacy, except that if the additional supervisors are to be 
elected at a special election, the affidavits shall be filed not 
more than three weeks nor less than ten days before the 
election, and notice of the first and last dates for filing 
affidavits of candidacy shall be published at least two weeks 
before the first day for filing.  Where If publication schedules 
do not allow sufficient time to give two weeks notice, at least 
one weeks notice shall be given.  
    Subd. 4.  [TERMS.] If the additional supervisors are 
elected at a special election, they shall serve only until the 
next annual town election, at which the.  Additional members 
shall stand for election then be elected, one for a term of two 
years and one for a term of three years.  The candidate 
receiving the highest number of votes shall be elected for the 
longer term.  If the additional supervisors are elected at an 
annual election, one shall serve for a term of two years and the 
other for a term of three years with the candidate receiving the 
highest number of votes being elected for the longer term.  
    Subd. 5.  [ABANDONMENT OF OPTION A.] In a town in which 
where option A is abandoned, the terms of incumbent supervisors 
shall not be affected, but if one or more supervisors are to be 
elected at the annual town election held on the same day as the 
annual town election at which the option is abandoned, the 
election of one supervisor, or two if there be more than one is 
elected, shall be considered null.  Otherwise the offices of the 
two incumbent supervisors expiring at the annual town election 
or elections next following the annual election at which the 
option is abandoned shall not be filled.  Thereafter the town 
board shall be composed of three supervisors unless option A is 
again adopted in that town.  
    367.34 [CONTINUANCE IN OFFICE; ELECTIONS.] 
    Subdivision 1.  [OPTION B; INCUMBENT CLERK AND TREASURER.] 
If option B is adopted at the an election at which the office of 
a clerk or treasurer is to be elected, the candidate elected to 
that office shall not assume take office and that candidate's 
election shall be considered null.  Otherwise when option B is 
adopted in a town, the incumbent clerk or treasurer shall 
continue to serve until the expiration of their terms or until 
an earlier vacancy occurs.  
    Subd. 2.  [ABANDONMENT OF OPTION B.] When option B is 
abandoned, the offices of clerk or treasurer that would be 
filled at that election, shall be filled conditionally at that 
election, and.  The ballot shall indicate that the successful 
candidate or candidates shall assume take office only if the 
option is abandoned as a result of at the election.  
    367.35 [TOWN ADMINISTRATOR.] 
    Subdivision 1.  [APPOINTMENT; REMOVAL.] As soon as 
practicable after adoption of option C in a town, the town board 
shall appoint an administrator upon the terms and conditions it 
deems advisable.  The administrator shall be chosen solely on 
the basis of training, experience, and administrative 
qualifications and need not be a resident of the town.  The town 
clerk may be designated the administrator if the clerk meets 
these qualifications.  The administrator shall be appointed for 
an indefinite period and may be removed by the board at any 
time, but after having served as administrator for one year the 
administrator may demand written charges and a public hearing on 
the charges before the board before final removal takes effect.  
Pending a hearing and removal, the board may suspend the 
administrator from office, with or without pay.  The board may 
appoint a qualified person to perform the duties of the 
administrator during the administrator's absence or disability.  
    Subd. 2.  [POWERS AND DUTIES.] The town administrator shall 
be the administrative head of the town and shall be responsible 
for the administration and supervision of the affairs of the 
town as assigned.  The administrator shall, with the approval of 
the town board, coordinate the various activities of the town.  
The administrator shall exercise the authority and 
responsibilities assigned by the town board by ordinance or 
resolution which may include the following duties:  
    (a) To provide for the execution of all ordinances, 
resolutions, and orders of the board and all laws of the state 
required to be enforced through the town board, by the 
administrator or by officers who are under the administrator's 
direction and supervision; 
    (b) To recommend to the town board the appointment, 
suspension, and removal of all town personnel whose appointment, 
suspension, or removal is a function of the town board by law; 
    (c) To provide for town purchases in accordance with 
statutory procedures; 
    (d) To prepare and submit to the town board a proposed 
annual budget, including detailed estimates of revenue and 
expenditures, and enforce the provisions of the budget as 
adopted by the board; 
    (e) To attend all meetings of the board and recommend 
measures for adoption as the administrator deems advisable or 
expedient; 
    (f) To advise the board as to the financial condition and 
needs of the town; 
    (g) To perform other assigned ministerial, nondiscretionary 
duties.  
    Subd. 3.  [ABOLISHING OFFICE OF ADMINISTRATOR.] If option C 
is abandoned, the town board shall, as soon as 
practicable thereafter, abolish the office.  Duties and 
responsibilities previously assigned to the administrator shall 
be assumed by the town board or by the officer having 
responsibility for the function prior to the appointment of the 
administrator.  
    367.36 [COMBINING THE OFFICES OF CLERK AND TREASURER.] 
    Subdivision 1.  [INCUMBENT TREASURER; ANNUAL AUDIT.] In a 
town in which option D is adopted, the incumbent treasurer shall 
continue in office until the expiration of the term.  Thereafter 
the duties of the treasurer as prescribed by law shall be 
performed by the clerk who shall be referred to as the 
clerk-treasurer.  If the offices of clerk and treasurer are 
combined, the town board shall provide for an annual audit of 
the town's financial affairs by the state auditor or a public 
accountant in accordance with minimum audit procedures 
prescribed by the state auditor.  
    Subd. 2.  [ABANDONMENT.] If option D is abandoned, the 
office of treasurer that would be filled at that election shall 
be filled conditionally at that election, and the ballot shall 
indicate that the candidate shall assume office only if the 
option is abandoned as a result of the election.  
    367.40 [DEFINITIONS.] 
    Subdivision 1.  For purposes of this chapter, the following 
terms shall have the meanings given them.  
    Subd. 2.  "Peace officer" shall have has the meaning 
assigned to it in section 626.84.  
    Subd. 3.  "Constable" means any individual employed or 
appointed by a political subdivision and licensed by the board 
of peace officer standards and training on or before April 21, 
1988, who is charged with the prevention and detecting of crime, 
the enforcement of the general criminal laws of the state, and 
who has full powers of arrest.  The term shall apply applies 
even though the individual exercises powers and duties on a 
part-time basis with or without receipt of compensation. 
    Subd. 4.  "Deputy constable" means any individual employed 
or appointed by a political subdivision to fulfill law 
enforcement duties but who is prohibited from carrying a firearm 
while exercising powers and duties and who has powers of arrest 
no greater than those of any a citizen who is not a peace 
officer or constable.  The term shall also include includes 
individuals voluntarily assisting local police or sheriff 
departments unless they qualify as constables or peace officers. 
    Subd. 5.  [PART-TIME PEACE OFFICER.] "Part-time peace 
officer" has the meaning assigned to it in section 626.84.  
    367.401 [LAW ENFORCEMENT OFFICERS; APPOINTMENT; 
CONSTABLES.] 
    Subdivision 1.  [APPOINTMENT.] The town, by majority vote 
at its annual meeting, may decide to authorize the town board to 
form a law enforcement agency and to appoint law enforcement 
officers.  These The positions may be filled by a combination of 
peace officers or part-time peace officers.  The number of 
part-time peace officers must not exceed three.  
    Subd. 2.  [CHIEF LAW ENFORCEMENT OFFICER.] The board of 
supervisors shall designate one of its law enforcement officers 
as the chief law enforcement officer of the agency.  
    Subd. 3.  [RESERVE OFFICERS.] A town may appoint reserve 
officers as defined by section 626.84.  
    Subd. 4.  [REQUIREMENTS.] Those Towns that have had either 
peace officers or constables, or both, on April 21, 1988, are 
considered to have met the requirements for forming a law 
enforcement agency.  
    367.411 [PEACE OFFICER LICENSE ISSUED TO CONSTABLES.] 
    Subdivision 1.  [LICENSE ISSUANCE.] The board of peace 
officer standards and training shall issue a peace officer 
license to a person who possesses a constable license, who is 
employed as a constable on April 21, 1988, and who makes written 
application to the board.  
    Subd. 2.  [ABOLITION OF CONSTABLE POSITION.] The position 
of constable is abolished and all constable licenses are 
canceled 30 days after April 21, 1988.  
    367.42 [DUTIES OF DEPUTY CONSTABLES.] 
    Subdivision 1.  Notwithstanding any general or local law or 
charter to the contrary, any deputy constable employed on or 
after March 23, 1982, by a town of the state of Minnesota has 
the following powers and duties:  
    (a) to have the powers of arrest of a private person; 
    (b) to perform the duties of a constable prescribed by law 
relative to election procedure; 
    (c) to perform the following duties at the direction of the 
county sheriff or a peace officer:  
    (i) to inspect communication wire and cable or records of 
such the wire and cable pursuant to section 325E.21; 
    (ii) to conduct hotel lien sales pursuant to section 
327.76; and 
    (iii) to conduct public auction sales of unclaimed property 
pursuant to sections 345.04 and 345.05; 
    (d) to provide general administrative or clerical 
assistance to the town's law enforcement agency.  
    Subd. 3.  [CRIMINAL RECORDS CHECK.] No person may be 
employed as a deputy constable unless the person submits proof 
from the sheriff that shows that the sheriff has checked the 
criminal records system and that the applicant has not been 
convicted of a felony within the past ten years.  
    367.43 [CONTINUATION OF DUTIES AND POWERS.] 
    All investigations, law enforcement matters, and other 
business involving a person holding the position of constable 30 
days after April 21, 1988, may be conducted and completed by 
that person holding the successor position of peace officer in 
the same manner and under the same terms and conditions, and 
with the same effect, as though they involved a person holding 
the position of constable before April 21, 1988. 

                               ARTICLE 2 
    Section 1.  Minnesota Statutes 1988, chapter 368, as 
amended by Laws 1989, chapter 9, section 5, is amended to read: 
    368.01 [POWERS OF CERTAIN METROPOLITAN AREA TOWNS.] 
    Subdivision 1.  [TOWNS DESCRIBED.] Any A town having 
therein that has platted portions in which there reside where 
1,200 or more people reside or any towns having a town that has 
a platted area within 20 miles of the city hall of a city of the 
first class having over 200,000 population shall have and 
possess the powers enumerated in this section.  The Its town 
board thereof may adopt, amend, or repeal ordinances and rules 
for any the purposes enumerated as it deems expedient.  
    Subd. 1a.  [CERTAIN OTHER TOWNS.] Any A town with a 
population of 1,000 or more that does not otherwise qualify 
pursuant to under subdivision 1 to exercise the powers 
enumerated in this section, shall have and possess the 
enumerated powers upon an affirmative vote of the its electors 
of the town at the annual town meeting.  The population must be 
established by the most recent federal decennial census, special 
census as provided in section 368.015, or population estimate by 
the state demographer made according to section 116K.04, 
subdivision 4, whichever has the latest stated date of count or 
estimate. 
    Subd. 2.  [BUILDINGS.] The town board of supervisors shall 
have power to may construct or acquire structures needed for 
town purposes, to and control, protect, and insure the public 
buildings, property, and records.  
    Subd. 3.  [STREETS; SEWERS; SIDEWALKS; PUBLIC GROUNDS.] The 
town board of supervisors shall have power to may:  
    (1) lay out, open, change, widen or extend streets, alleys, 
parks, squares, and other public ways and grounds and to grade, 
pave, repair, control, and maintain the same them; to 
    (2) establish and maintain drains, canals, and sewers; to 
    (3) alter, widen or straighten water courses; to and 
    (4) lay, repair, or otherwise improve or discontinue 
sidewalks, paths and crosswalks.  
It shall have power may by ordinance to regulate the use of 
streets and other public grounds, to prevent encumbrances or 
obstructions, and to require the owners or occupants of 
buildings and the owners of vacant lots to remove any snow, ice, 
dirt, or rubbish from the adjacent sidewalks adjacent thereto 
and.  In default thereof to cause such of compliance it may 
remove the encumbrances, obstructions, or substances to be 
removed and assess the cost to be assessed against the property 
as a special assessment. 
    Subd. 4.  [PARKS; TREES.] The town board of supervisors 
shall have power to may provide for, and by ordinance regulate, 
the setting out and protection of trees, shrubs, and flowers in 
the town or upon its property.  
    Subd. 5.  [CEMETERIES.] The town board of supervisors shall 
have power to may acquire by purchase, gift, devise, 
condemnation or otherwise, hold and manage cemetery grounds, to 
enclose, lay out and ornament such grounds them and sell and 
convey lots therein in them.  It may by ordinance regulate 
cemeteries and the disposal of dead bodies.  
    Subd. 6.  [WATERWORKS.] The town board of supervisors shall 
have power to may provide and by ordinance regulate the use of 
wells, cisterns, reservoirs, waterworks and other means of water 
supply.  
    Subd. 7.  [TOURIST CAMPS; PARKING FACILITIES.] The town 
board of supervisors shall have power to may acquire, improve 
and operate, and by ordinance regulate tourist camps and 
automobile parking facilities.  
    Subd. 8.  [HOSPITALS.] The town board of supervisors shall 
have power to may provide hospitals.  The town board of any a 
town operating a municipal hospital may by ordinance establish a 
hospital board with such powers and duties of to manage and 
operate the hospital management and operation as that the town 
board confers upon on it; and.  The town board may, by vote of 
all its members, abolish any the hospital board so established.  
The hospital board shall consist of five members, each appointed 
by the town board for a term of five years.  Terms of the first 
members shall be so arranged so that the term of one member 
expires each year.  Any A vacancy shall be filled for the 
unexpired portion of the term in which it occurs.  Any A member 
may be removed by the town board for cause after a hearing.  
    Subd. 9.  [FIRE PREVENTION.] The town board of supervisors 
shall have power to may establish a fire department, appoint its 
officers and members and prescribe their duties, and provide 
fire apparatus.  It shall have power to may adopt such 
ordinances as are reasonable and expedient to prevent, control 
or extinguish fires.  
    Subd. 10.  [NAMING AND NUMBERING STREETS.] The town 
board of supervisors shall have power may by ordinance to name 
or rename the town streets and public places of the town and to 
number or renumber the its lots and blocks of the town, or any 
part thereof of them.  It may make and record a consolidated 
plat of the town. 
    Subd. 11.  [TRANSIENT DEALERS.] The town board of 
supervisors shall have power may by ordinance to restrain or 
license and regulate auctioneers, transient merchants and 
dealers, hawkers, peddlers, solicitors, and canvassers.  
    Subd. 12.  [TAXICABS; BAGGAGE WAGONS.] The town board of 
supervisors shall have power may by ordinance to license and 
regulate baggage wagons, dray drivers, taxicabs, and automobile 
rental agencies and liveries.  
    Subd. 13.  [ANIMALS.] The town board of supervisors shall 
have power may by ordinance to regulate the keeping of 
animals, to restrain their running at large, to authorize their 
impounding and sale or summary destruction, and to establish 
pounds, and to license and regulate riding academies.  
    Subd. 14.  [HEALTH.] (a) The town board of supervisors 
shall have power may by ordinance: 
    (1) to prohibit or regulate slaughterhouses; 
    (2) to prevent the bringing, depositing, or leaving within 
the town of any unwholesome substance or deposit of solid waste 
within the town not otherwise authorized by law, to; 
    (3) require the owners or occupants of lands to remove 
unwholesome substances or the unauthorized deposit of solid 
waste and, if it is not removed to, provide for its their 
removal at the expense of the owner or occupant, which expense 
shall be a lien upon the property and may be collected as a 
special assessment; 
    (3) to (4) provide for or regulate the disposal of sewage, 
garbage, and other refuse; and 
    (4) to (5) provide for the cleaning of, and removal of 
obstructions from, any waters in the town and to prevent their 
obstruction or pollution. 
    (b) The town board may establish a board of health under 
section 145A.07, subdivision 2, with all the powers of such 
boards a board of health under the general laws.  
    Subd. 15.  [NUISANCES.] The town board of supervisors shall 
have power may by ordinance to define nuisances and provide for 
their prevention or abatement.  
    Subd. 16.  [AMUSEMENTS.] The town board of supervisors 
shall have power may by ordinance to:  
    (1) prevent or license and regulate the exhibition of 
circuses, theatrical performances, amusements, or shows of any 
kind, and the keeping of billiard tables and bowling alleys, to; 
    (2) prohibit gambling and gambling devices,; and to 
    (3) license, regulate or prohibit devices commonly used for 
gambling purposes.  
    Subd. 18.  [REGULATION OF BUILDINGS.] The town board of 
supervisors shall have power may by ordinance to regulate the 
construction of buildings.  
    Subd. 19.  [GENERAL WELFARE.] The town board of supervisors 
shall have power to may provide for the government and good 
order of the town, the suppression of vice and immorality, the 
prevention of crime, the protection of public and private 
property, the benefit of residence, trade, and commerce, and the 
promotion of health, safety, order, convenience, and the general 
welfare by such ordinances not inconsistent consistent with the 
constitution and laws of the United States or of and this state 
as it shall deem deems expedient.  
    Subd. 20.  [DEPARTMENTS; BOARDS.] The town board of 
supervisors may create departments and advisory boards and 
appoint town officers, employees, and agents for the town as 
deemed necessary for the proper management and operation of town 
affairs.  The town board It may prescribe the duties and fix the 
compensation of all officers, both appointive and elective, 
employees, and agents, when if not otherwise prescribed by law.  
The town board It may require any officer or employee to furnish 
a bond conditioned for the faithful exercise of duties and the 
proper application of, and payment upon demand of, all moneys 
money officially received by the officer or employee.  Unless 
otherwise prescribed by law, it shall fix the amount of the 
bonds shall be fixed by the town board.  The bonds furnished by 
the clerk and treasurer shall be corporate surety bonds.  The 
town board It may provide for the payment from town funds of the 
premium on the official bond of any town officer or employee of 
the town.  The town board It may, except as otherwise provided, 
remove any appointive officer or employee when in its judgment 
the public welfare will be promoted by the removal.  This 
provision does not modify the laws relating to veterans 
preference or to members of a town police or fire civil service 
commission or public utilities commission. 
    Subd. 21.  [ENACTMENT OF ORDINANCES.] Every ordinance shall 
be enacted by a majority vote of all the members of the town 
board except where unless a larger number is required by law.  
It shall be signed by the chair of the town board, attested by 
the clerk and published once in a qualified newspaper having 
general circulation within the town.  If the town board 
determines that publication of the title and a summary of an 
ordinance would clearly inform the public of the intent and 
effect of the ordinance, the town board may by a two-thirds vote 
of its members, or a four-fifths vote in a town having a 
five-member board, direct that only the title of the ordinance 
and a summary be published with notice that a printed copy of 
the ordinance is available for inspection by any person during 
regular office hours of the town clerk and at any other location 
which the town board designates.  A copy of the entire text of 
the ordinance shall be posted in the community library, if there 
is one, or if not, in any other public location which the town 
board designates.  Before the publication of the title and 
summary the town board shall approve the text of the summary and 
determine that it clearly informs the public of the intent and 
effect of the ordinance.  The Publishing of the title and 
summary shall be deemed to fulfill all legal publication 
requirements as completely as if the entire ordinance had been 
is published.  The text of the summary shall be published in a 
body type no smaller than brevier or eight-point type, as 
defined in section 331.07.  Proof of the publication shall be 
attached to and filed with the ordinance.  Every ordinance shall 
be recorded in the ordinance book within 20 days after 
publication of the ordinance or its title and summary.  All 
ordinances shall be suitably entitled and shall be substantially 
in the style:  "The Town Board of Supervisors of ........ 
ordains:". 
    Subd. 22.  [PENALTIES.] The town board of supervisors shall 
have the power to may declare that the violation of any 
ordinance shall be is a penal offense and to prescribe penalties 
therefor for it.  No penalty shall exceed that which is provided 
by law for a misdemeanor, but the costs of prosecution may be 
added.  
    Subd. 23.  [FINANCING PURCHASE OF CERTAIN EQUIPMENT.] The 
town board of supervisors may issue certificates of indebtedness 
within existing debt limits for the purpose of purchasing to 
purchase fire or police equipment or ambulance equipment or 
street construction or maintenance equipment.  Such The 
certificates shall be payable in not more than five years 
and shall be issued on such terms and in such the manner as the 
board may determine. If the amount of the certificates to be 
issued to finance any such a purchase exceeds one percent of the 
net tax capacity of the town, excluding money and credits, they 
shall not be issued for at least ten days after publication in 
the official newspaper of a town board 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, such 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 such the certificates 
as in the case of bonds.  
    Subd. 24.  [PARKS; PARKWAYS; RECREATIONAL FACILITIES.] 
Any A town may establish, improve, ornament, maintain and manage 
parks, parkways, and recreational facilities and by ordinance 
protect and regulate their use.  
    Subd. 25.  [VACATION OF STREETS.] The town board of 
supervisors may by resolution vacate all or part of any street, 
alley, public grounds, or public way, or any part thereof, on 
its own motion or on petition of a majority of the owners of 
land abutting on the street, alley, public grounds, public way, 
or part thereof to be vacated.  When there has been no petition, 
the resolution may be adopted only by a vote of four-fifths of 
all members of the board of supervisors.  No such vacation shall 
be made unless it appears in the interest of the public to do so 
after a hearing preceded by two weeks' published and posted 
notice.  After a resolution of vacation is adopted, the clerk 
shall prepare a notice of completion of the proceedings which 
shall contain the name of the town, an identification of the 
vacation, a statement of the time of completion thereof and a 
description of the real estate and lands affected thereby.  The 
notice shall be presented to the county auditor who shall 
enter the same it in the transfer records and note upon the 
instrument, over the auditor's official signature, the words 
"entered in the transfer record".  The notice shall then be 
filed with the county recorder.  Any Failure to file the notice 
shall not invalidate any such the vacation proceedings. 
    Subd. 26.  [FINES AND PENALTIES.] All fines, forfeitures, 
and penalties recovered for the violation of any a statute or 
ordinance to which the town is entitled by law shall be paid 
into the town treasury.  Every court or officer receiving money 
for the a violation, shall return it under oath in accordance 
with law, and be entitled to duplicate receipts for the amounts 
paid.  One of the receipts shall be filed with the town clerk. 
    Subd. 27.  [RIGHT OF EMINENT DOMAIN.] All towns 
possessing A town that has special powers under this section may 
exercise the right of eminent domain for the purpose of 
acquiring acquire private property within or without the its 
limits thereof by eminent domain for any purpose for which it is 
authorized by law to take or hold the same property by purchase 
or gift and.  It may exercise the right of eminent domain for 
the purpose of acquiring also acquire by eminent domain a right 
of way for sewerage or drainage purposes and an outlet for 
sewerage or drainage within or without the its limits thereof.  
The procedure in the event of condemnation shall be that 
prescribed by chapter 117. 
    Subd. 29.  [SAVINGS CLAUSE.] This section shall not be 
construed to repeal or rescind the powers of any town provided 
for by other law. 
    Subd. 30.  [NOTICE TO COUNTY AUDITOR AND SECRETARY OF 
STATE.] The town clerk of each town exercising special powers 
pursuant to under this section shall so notify in writing the 
county auditor of the county in which the town is located and 
the secretary of state.  The written notice shall be filed by 
the county auditor and the secretary of state as a public record.
    Subd. 31.  [CONTINUING AUTHORITY TO EXERCISE POWERS.] If a 
town exercises a power pursuant to under this section it may 
continue to exercise the power notwithstanding any subsequent 
later change in population.  
    368.015 [TOWNS; CENSUS.] 
    A town board may by resolution, in any year, request the 
United States Bureau of the Census to take a special census of 
the town for the purpose of being eligible to qualify to 
exercise the powers contained in section 368.01 as provided in 
by section 368.01, subdivision 1a.  A The town shall bear the 
cost for of the special census shall be borne by the town.  
    368.44 [DISSOLUTION OF CERTAIN TOWNS; GROUNDS.] 
    When the voters residing within a duly organized town in 
any county in this state having more than 85 congressional 
townships of land and having a net tax capacity of not less than 
$5,000,000 nor more than $12,000,000 have failed to elect any 
town officials for more than three years continuously, or the 
town has failed and omitted to exercise any of the powers and 
functions of a town, as provided by law, which facts, or any of 
them, may be found and determined by the resolution of the 
county board of the county in which the town is located, 
according to the official records in the office of the auditor 
of the county, the county board by resolution duly adopted may 
declare any such town, naming it, duly dissolved and no longer 
entitled to exercise any of the powers or functions of a town.  
     368.45 [COPY OF DISSOLUTION RESOLUTION FOR SECRETARY OF 
STATE.] 
    A certified copy of any such resolution shall forthwith, 
after the adoption of the same by the county board, be forwarded 
by the auditor of such county to the secretary of state, who 
shall, on receipt thereof, make an appropriate record of the 
dissolution of such town.  
     368.46 [DISTRIBUTION OF FUNDS.] 
    Any funds belonging to the town remaining in, or hereafter 
coming into, the treasury of the county in which such town shall 
be located, shall be disposed of in the following manner: 
    Any road or bridge funds shall be expended by the county 
board of any such county for road and bridge improvements wholly 
within the limits of such town; any other funds of such town 
shall, by the auditor of such county, be used to pay, and the 
auditor shall pay, all outstanding warrants or judgments against 
the town; and, if the funds so remaining are not enough to pay 
such outstanding warrants or judgments, upon petition of the 
holders thereof, the county auditor shall spread a levy against 
the taxable property of the town in an amount sufficient to pay 
the same; any other funds of such town shall, by the county 
auditor, be credited to the general fund of the county.  
    368.47 [TOWNS MAY BE DISSOLVED.] 
    (1) When the voters residing within a town in this state 
have failed to elect any town officials for more than ten years 
continuously, or the; 
    (2) when a town has failed and omitted for a period of ten 
years to exercise any of the powers and functions of a town, as 
provided by law, or; 
    (3) when the net tax capacity of any a town drops to less 
than $40,000, or; 
    (4) when the tax delinquency of any such a town, exclusive 
of taxes that are delinquent or unpaid by reason of taxes 
being because they are contested in proceedings for the 
enforcement of taxes, amounts to 50 percent of its net tax 
capacity,; or where 
    (5) when the state or federal government has acquired title 
to 50 percent of the real estate of such a town, 
which facts, or any of them, may be found and determined by the 
resolution of the county board of the county in which the town 
is located, according to the official records in the office of 
the county auditor, the county board by resolution may declare 
any such the town, naming it, duly dissolved and no longer 
entitled to exercise any of the powers or functions of a town. 
    In counties having a population according to the 1930 
federal census of not more than 16,000 nor less than 15,000 and 
having not more than 77 nor less than 75 full or fractional 
congressional townships, and in counties having a population 
according to the 1930 federal census of not more than 28,000 nor 
less than 27,000 and having not more than 91 nor less than 90 
full or fractional congressional townships, and in counties 
having a population according to the 1930 federal census of not 
more than 210,000 nor less than 200,000 and having not more than 
202 nor less than 200 full or fractional congressional townships 
Cass, Itasca, and St. Louis counties, before any such the 
dissolution shall become is effective the voters of the town 
shall express their approval or disapproval of such 
dissolution.  The town clerk of the town shall, upon a petition 
signed by a majority of the registered voters of the town, filed 
with the clerk at least 60 days before any a regular or special 
town election thereof, give notice at the same time and in the 
same manner of such the election that the question of 
dissolution of such the town will be submitted for determination 
at such the election.  At such the election when so petitioned 
for the question shall be voted upon by a separate ballot, the 
terms of which shall be either "for dissolution" or "against 
dissolution,." which The ballot shall be deposited in a separate 
ballot box to be provided and the result of such the voting 
shall be duly canvassed, certified, and returned in the same 
manner and at the same time as other facts and returns of the 
election.  If a majority of the votes cast at the election shall 
be are for dissolution, such the town shall be dissolved; 
and,.  If a majority of the votes cast at the election shall be 
are against dissolution, the town shall not be dissolved.  
    When a town is dissolved under the provisions of sections 
368.47 to 368.49 the county shall acquire title to any telephone 
company or any other business being conducted by such the town 
and such.  The business shall be operated by the board of county 
commissioners until such time as a sale thereof it can be made; 
provided that sold.  The subscribers or patrons of such 
businesses the business shall have the first opportunity of 
purchase.  If such dissolved the town has any outstanding 
indebtedness chargeable to such the business, the county auditor 
of the county wherein such dissolved town is located shall levy 
a tax against the property situated in the dissolved town for 
the purpose of paying to pay the indebtedness as it becomes due. 
    368.48 [COPY OF RESOLUTION OF DISSOLUTION FOR SECRETARY OF 
STATE.] 
    A certified copy of any such the resolution shall 
forthwith, after the its adoption of the same by the county 
board, be forwarded by the county auditor of the county to the 
secretary of state, who shall on receipt thereof make an 
appropriate record of the dissolution of such the town.  
    368.49 [DISTRIBUTION OF FUNDS.] 
    Subdivision 1.  Any town funds remaining in, or hereafter 
coming into, the treasury of the county in which such town shall 
be located, shall be disposed of in the following manner as 
follows: 
    Any Road or bridge funds shall be expended by the county 
board of any such county for road and bridge improvements wholly 
within the limits of such the town; and any other funds of 
such town shall, by the auditor of such county, be credited to 
the county general fund of the county.  
    Subd. 2.  Where any such If a dissolved township town has 
any unexpended money in its bond and interest funds and there 
are no bonds or indebtedness outstanding, any such unexpended 
the money shall be spent for road and bridge improvements or 
other legal expenditures within the said township town.  
    368.85 [FIRE PROTECTION.] 
    Subdivision 1.  [SPECIAL FIRE PROTECTION DISTRICT 
ESTABLISHED.] Any organized A town may, by resolution adopted by 
the town board and approved by a majority of the electors 
residing within the territory affected, in the manner 
hereinafter provided, establish a special fire protection 
district within such the town in the following manner:.  The 
town board shall adopt a resolution particularly describing the 
territory, district or area within such town which shall 
constitute a special fire protection district and which shall be 
entitled to receive fire protection to be paid for from the 
taxation of the property within such special fire protection the 
district.  Each special fire protection district shall consist 
of contiguous and compact territory and shall be so constituted 
so that at least 25 percent of the total net tax capacity of 
taxable real property therein in it consists of property 
classified as homestead property and buildings or other 
structures.  
    Subd. 2.  [SUBMISSION AT ANNUAL MEETING; NOTICE.] Such The 
resolution shall provide for the submission of the question 
whether such the special fire protection district shall be 
established to the voters residing within the limits of the 
special fire protection proposed district so proposed to be 
established at the next ensuing annual town meeting or at any a 
special town meeting which the town board is hereby authorized 
to may call for that purpose.  The notice of such the annual 
meeting or of such special town meeting shall contain a notice 
that such the question will be submitted to the electors 
residing in such the proposed special fire protection 
district at such meeting and a statement that all cost of fire 
protection for the special district will be borne by a tax on 
the property therein in it.  Such The meeting shall be held at 
the usual place of holding town meetings within the town.  
    Subd. 3.  [MANNER OF VOTING.] For such the election the 
town board shall provide a separate ballot box where the 
electors residing within such the proposed special fire 
protection district shall deposit their ballots.  Only electors 
residing within in the proposed special fire protection district 
will be entitled to may vote at such meeting upon such on the 
question.  
    Subd. 4.  [BALLOT.] The town board shall provide ballots to 
be used at such town meeting, which ballots shall bear the words 
read "Shall the territory described in the resolution adopted by 
the town board on the ......... day of ............., 19....., 
constitute a special fire protection district?"  The question 
shall be followed with a line with the word "Yes" and a square 
after it and another line with the word "No" and a square after 
it.  The voters shall indicate their choice by placing a cross 
mark in one of said the squares, and a direction to so indicate 
their choice shall be printed on the ballot.  
    Subd. 5.  [COUNTING AND CANVASSING OF VOTES.] The votes 
cast at such the special election in said the special ballot box 
shall be counted and canvassed by the town board or by the 
judges presiding at such the election; and,.  If such the 
proposition shall receive receives a majority of the votes cast 
by the electors residing within such the proposed special fire 
protection district, that result will shall be recorded in the 
minutes of such town the meeting, and the territory described in 
said the town board's resolution shall thereafter constitute and 
then be a special fire protection district in said town.  
    Subd. 6.  [TAX LEVY.] The town board shall annually 
thereafter levy a tax in an amount as necessary on the net tax 
capacity of all property located within the special fire 
protection district to provide fire protection for the district 
it.  The tax, with a certified copy of the resolution 
establishing the district, shall be certified by the town board 
to the county auditor who shall spread the tax against the 
property located within the district.  The tax shall be 
collected as other taxes. 
    Subd. 7.  [DISBURSEMENT OF FUNDS.] When such taxes are the 
tax is collected, the same it shall be paid to the town and 
disbursed upon the order of the town board for the purpose of 
providing to provide fire protection in such special fire 
protection the district.  The town board may order such moneys 
the money, or any part thereof of it, to be paid to any a 
municipality or volunteer fire department which agrees to 
furnish and has its fire department headquarters so located so 
as to be able to conveniently furnish and which shall agree to 
furnish fire protection to the property within such the district.
    Subd. 8.  [PLURAL DISTRICTS.] More than one special fire 
protection district may be established in any a town.  Such 
special fire protection district Districts shall be designated 
by consecutive numbers in the order of their establishment.  
    Subd. 9.  [DISSOLUTION.] A special fire protection district 
may be dissolved in the following manner following:.  The town 
board may submit the question of dissolution of any such special 
a district at any annual town meeting and.  It shall must 
submit that question at the next annual town meeting on the 
signed petition of electors residing in such the district equal 
in number to at least one-half of the number of freeholders 
in such the district according to the tax record in the county 
auditor's office filed with the town clerk not less than 45 days 
before such the annual meeting.  Notice that the question will 
be submitted shall be posted by the town clerk in three public 
places within the special district not less than two weeks 
before the annual meeting at which it will be submitted.  Only 
voters residing in the special district shall vote on the 
question of dissolution and.  A separate ballot box shall be 
provided for votes on the question.  The town board shall 
provide ballots for the question of dissolution which shall be 
in the same form as provided in subdivision 2 4 except that the 
question therein stated shall be "Shall Special Fire Protection 
District No. .....  be dissolved?", and.  If a majority vote of 
those voting on the question vote in the affirmative, the 
district shall be dissolved,.  In which that event the results 
of the election shall be certified by the chair of the town 
board to the county auditor, and thereafter.  There shall be no 
further special levy for fire protection in such the district, 
but such dissolution shall not relieve the property in such the 
special district so dissolved from any taxes theretofore 
levied for special fire protection under the provisions of this 
section before dissolution. 

                               ARTICLE 3 
    Section 1.  [EFFECT OF CHANGES.] 
    The legislature intends the changes in the language of the 
laws amended by this act to be exclusively changes in style.  No 
change is intended to alter or shall be construed by a court or 
other authority to alter the meaning of a law.  
    If a section is amended by this act and also by another act 
adopted in 1990 and the amendments cannot be edited together in 
the next publication of Minnesota Statutes, the amendment by 
this act shall be without effect. 
    Presented to the governor April 2, 1990 
    Signed by the governor April 4, 1990, 9:56 p.m.