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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 235-H.F.No. 1189 
                  An act relating to annexation; providing for the 
                  election of municipal council members after certain 
                  annexations; amending Minnesota Statutes 2000, 
                  sections 414.031, subdivision 4a; and 414.09, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 414.031, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [PROCEEDINGS INITIATED BY JOINT RESOLUTION 
        PROVIDING FOR ELECTION OF NEW MUNICIPAL OFFICERS.] If the 
        proceeding has been initiated under subdivision 1, clause (d), 
        Any annexation order under this section for annexation by a 
        single municipality of an entire township shall include a 
        provision for the election of new municipal officers in 
        accordance with section 414.09.  The director of the office of 
        strategic and long-range planning, or the director's designee, 
        may also order an election of new municipal officers in 
        accordance with section 414.09 as part of any other annexation 
        order under this section if the director or the director's 
        designee determines that such an election would be equitable. 
        The expanded municipality shall be governed by the home rule 
        charter or statutory form which governs the annexing 
        municipality, except that any ward system for the election of 
        council members shall be inoperable.  The ordinances of both the 
        annexing municipality and the township shall continue in effect 
        within the former boundaries until repealed by the governing 
        body of the new municipality. 
           Notwithstanding any other provision of law to the contrary 
        the board director of the office of strategic and long-range 
        planning, or the director's designee, may provide for election 
        of council members by wards, not less than three nor more than 
        seven in number, whose limits are prescribed in the board order, 
        upon a finding that area representation is required to accord 
        proper representation in the municipality because of uneven 
        population density in different parts thereof or the existence 
        of agricultural lands therein which are in the path of suburban 
        development; but after four years from the effective date of an 
        annexation the council of the municipality may by resolution 
        adopted by a four-fifths vote abolish the ward system and 
        provide for the election of all council members at large. 
           Until the effective date of the annexation order, the town 
        board and other officers of the town shall continue to exercise 
        their powers and duties under the town laws in that portion of 
        the municipality that was formerly the town, and the council and 
        other officers of the annexing municipality shall continue to 
        exercise their powers and duties in that portion of the expanded 
        municipality that was formerly the municipality.  Thereafter the 
        town board and the council of the annexing municipality shall 
        have no jurisdiction within the municipality, and the new 
        municipal council and other new officers shall act in respect to 
        any matters previously undertaken by the town board of 
        supervisors or municipal council within the limits of the 
        expanded municipality, including the making of any improvement 
        and the levying of any special assessments therefor in the same 
        manner and to the same effect as if such improvement had been 
        undertaken by the municipality. 
           The new municipal council may continue or discontinue any 
        board that may have previously existed in the town or former 
        municipality. 
           Sec. 2.  Minnesota Statutes 2000, section 414.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELECTIONS OF MUNICIPAL OFFICERS.] An order 
        approving an incorporation or consolidation pursuant to this 
        chapter, or an order requiring an election under section 
        414.031, subdivision 4a, shall set a date for this election of 
        new municipal officers not less than 45 days nor more than 60 
        days after the issuance of such order.  
           The board director shall appoint an acting clerk for 
        election purposes, at least three election judges who shall be 
        residents of the new municipality, and shall designate polling 
        places within the new municipality. 
           The acting clerk shall prepare the official election 
        ballot.  Affidavits of candidacy may be filed by any person 
        eligible to hold municipal office not more than four weeks nor 
        less than two weeks before the date designated by the board in 
        the order for the election.  
           The election shall be conducted in conformity with the 
        charter and the laws for conducting municipal elections insofar 
        as applicable.  Any person eligible to vote at a township or 
        municipal election within the area of the new municipality, is 
        eligible to vote at such election. 
           Any excess in the expense of conducting the election over 
        receipts from filing fees shall be a charge against the new 
        municipality; any excess of receipts shall be deposited in the 
        treasury of the new municipality. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment and apply to annexations ordered on or after that date.
           Presented to the governor March 13, 2002 
           Signed by the governor March 14, 2002, 3:07 p.m.