Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 517-S.F.No. 2118 
                  An act relating to local government; clarifying that 
                  the Moose Lake Fire Protection District is a 
                  governmental subdivision for certain purposes; making 
                  other clarifications; directing the sale of certain 
                  state land to the district; amending Laws 1987, 
                  chapter 402, section 2, subdivisions 2, 3, and by 
                  adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Laws 1987, chapter 402, section 2, subdivision 
        2, is amended to read: 
           Subd. 2.  [BOARD.] (a) The district shall be governed by a 
        board composed of one member two members appointed by the city 
        council or town board of each city and town in the district, 
        whose boundaries lie fully within the boundaries of the 
        district, and one member who shall reside in the district, 
        appointed by the majority vote of the foregoing members.  A 
        district board member may but is not required to be a member of 
        a city council or town board.  Each member shall have one vote 
        on matters coming before the board.  Except as provided in 
        this section paragraph, members shall serve two-year terms 
        ending the first Monday in January and until their successors 
        are appointed and qualified.  Of the members first appointed, as 
        far as possible, the terms of one-half shall expire on the first 
        Monday in January in the first year following their appointment 
        and one-half the first Monday in January in the second year.  
        The terms of those initially appointed shall be determined by 
        lot.  If an additional member is added because an additional 
        city or town joins the district, the member's term shall be 
        fixed so that, as far as possible, the terms of one-half of all 
        the members expire on the same date. 
           (b) Succeeding terms of all board members shall be for two 
        years, except that members shall serve until their successors 
        are selected and qualified.  
           (c) The board members shall be selected as provided in this 
        subdivision within 60 days after this act becomes effective.  
        The successors to the board members shall be selected at any 
        time within 60 days before the expiration of their terms in the 
        same manner as their predecessors were selected.  Any vacancy on 
        the board shall be filled within 60 days after it occurs. 
           Sec. 2.  Laws 1987, chapter 402, section 2, subdivision 3, 
        is amended to read: 
           Subd. 3.  [EXECUTIVE DIRECTOR DISTRICT ADMINISTRATOR.] The 
        board may appoint an executive director a district administrator.
        The executive director district administrator shall be selected 
        upon the basis of the applicant's training, experience, and 
        other qualifications and shall serve at the pleasure of the 
        board and at a compensation to be determined by the board.  
        The executive director district administrator need not be a 
        resident of the district.  The executive director district 
        administrator may also be selected by the board to serve as 
        either secretary or treasurer, or both, of the board.  
        The executive director district administrator shall attend all 
        meetings of the board, but shall not vote, and shall have the 
        following powers and duties: 
           (1) ensure that all resolutions, rules, regulations, or 
        orders of the board are enforced; 
           (2) appoint and remove, upon the basis of merit and 
        fitness, all subordinate officers and regular employees of the 
        board except the secretary and the treasurer and their deputies; 
           (3) present to the board plans, studies, and other reports 
        prepared for board purposes and recommend to the board adoption 
        of measures the director administrator deems necessary to 
        enforce or carry out the powers and duties of the board or the 
        efficient administration of the affairs of the board; 
           (4) keep the board fully advised as to its financial 
        condition and prepare and submit to the board, and to the 
        governing bodies of the local government units, the board's 
        annual budget and other financial information as the board may 
        request; 
           (5) recommend to the board for adoption rules and 
        regulations deemed necessary for the efficient operation of 
        the fire protection district disposal system; and 
           (6) perform other duties as may be prescribed by the board. 
           Sec. 3.  Laws 1987, chapter 402, section 2, is amended by 
        adding a subdivision to read: 
           Subd. 3a.  [DISTRICT IS GOVERNMENTAL SUBDIVISION.] The 
        Moose Lake Fire Protection District is a governmental 
        subdivision in the state for purposes of Minnesota Statutes, 
        section 84.027, subdivision 10. 
           Sec. 4.  [CONVEYANCE OF STATE LAND TO THE DISTRICT.] 
           Notwithstanding Minnesota Statutes, sections 94.09 to 
        94.165, and the provisions of Minnesota Statutes, section 
        84.027, subdivision 10, requiring a declaration of surplus and 
        approval of the executive council, to the contrary, the 
        commissioner of natural resources shall sell the following 
        described land to the Moose Lake area fire protection district, 
        under the remaining provisions of Minnesota Statutes, section 
        84.027, subdivision 10, for the construction of a fire station 
        and other support facilities.  The land shall be sold for the 
        appraised value or such other consideration as may be agreed 
        upon.  The land that is to be sold consists of about 3.0 acres 
        and is described as that part of the Southwest Quarter of the 
        Northeast Quarter of Section 29, Township 46, Range 19, City of 
        Moose Lake, Carlton County, which is more particularly described 
        in the agreement and related correspondence between the district 
        and the department of natural resources. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This act takes effect without the local approval described 
        in Minnesota Statutes, section 645.021 on July 1, 1994. 
           Presented to the governor April 25, 1994 
           Signed by the governor April 28, 1994, 10:01 a.m.