Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
110A.33 WORKS; OWNERSHIP; SALE.
Subdivision 1. Disposition requirements. No water supply works owned by the district
shall be sold, alienated, or mortgaged by the district, except under the circumstances described
by this section.
Subd. 2. Board resolution, election. If in the judgment of the board of directors it is for the
best interest of the district to sell any portion of the district works not needed for the performance
of any outstanding contract, and not mortgaged or pledged as provided for in subdivision 3, the
board shall pass a resolution to that effect. The board shall call a special election at which the
question of selling the portion of the works shall be submitted to the electors of the district
qualified to vote for district directors. The board shall mail to each qualified elector, at the last
known place of residence or place of business of the elector, a notice stating the time, place, and
purpose of the election, and so far as practicable shall conduct the election in all other respects
as provided in section 110A.24. If a majority of all qualified electors of the district vote "yes,"
the board may sell the portion of the works.
Subd. 3. Mortgage; pledge; no state pledge. If, in order to borrow money from the federal
government or from any of its agencies, or from the state, it is necessary that the district mortgage
or otherwise pledge any or all of its property to secure the payment of loans made to it, the
district may mortgage or pledge property and assets for the purpose. Nothing in this section
shall prevent the district from assigning, pledging, or otherwise legally committing its revenues,
incomes, receipts, or profits to secure the payment of indebtedness to the federal government or
any agency thereof, or the state. The state shall never pledge its credit or funds, or any part
thereof, for the payment or settlement of any indebtedness or obligation whatsoever of any district
created under the provisions of sections 110A.01 to 110A.36. Nothing in sections 110A.01 to
110A.36 authorizes any agency of the state to make loans to a district, unless the agency is
otherwise authorized by law.
History: 1978 c 744 s 33; 1986 c 444
Subdivision 1. Disposition requirements. No water supply works owned by the district
shall be sold, alienated, or mortgaged by the district, except under the circumstances described
by this section.
Subd. 2. Board resolution, election. If in the judgment of the board of directors it is for the
best interest of the district to sell any portion of the district works not needed for the performance
of any outstanding contract, and not mortgaged or pledged as provided for in subdivision 3, the
board shall pass a resolution to that effect. The board shall call a special election at which the
question of selling the portion of the works shall be submitted to the electors of the district
qualified to vote for district directors. The board shall mail to each qualified elector, at the last
known place of residence or place of business of the elector, a notice stating the time, place, and
purpose of the election, and so far as practicable shall conduct the election in all other respects
as provided in section 110A.24. If a majority of all qualified electors of the district vote "yes,"
the board may sell the portion of the works.
Subd. 3. Mortgage; pledge; no state pledge. If, in order to borrow money from the federal
government or from any of its agencies, or from the state, it is necessary that the district mortgage
or otherwise pledge any or all of its property to secure the payment of loans made to it, the
district may mortgage or pledge property and assets for the purpose. Nothing in this section
shall prevent the district from assigning, pledging, or otherwise legally committing its revenues,
incomes, receipts, or profits to secure the payment of indebtedness to the federal government or
any agency thereof, or the state. The state shall never pledge its credit or funds, or any part
thereof, for the payment or settlement of any indebtedness or obligation whatsoever of any district
created under the provisions of sections 110A.01 to 110A.36. Nothing in sections 110A.01 to
110A.36 authorizes any agency of the state to make loans to a district, unless the agency is
otherwise authorized by law.
History: 1978 c 744 s 33; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes