123A.58 COMMON DISTRICT TO INDEPENDENT DISTRICT.
Subdivision 1. Vote to change organization of district.
If six or more eligible voters of
a common district desire to change the organization of their district to an independent district,
they may call for a vote upon the question at the next annual meeting by filing a petition therefor
with the clerk. In the notice for the meeting, the clerk shall include a statement that the question
will be voted upon at the meeting.
Subd. 2. Board election.
At the annual meeting, if a majority of the votes cast on the
question favors the conversion to an independent district, a board of six members shall be elected.
Nominations may be made from the floor of the meeting and election shall be by secret ballot.
All board members elected at this meeting shall serve for terms expiring on the third Tuesday in
the next May following the election on which date a regular annual election shall be held in the
manner provided by law. At this first annual election for independent districts, six directors shall be
elected, two to hold office until July 1 following the next annual election, two to hold office until
the expiration of one year from said July 1 and two to hold office until the expiration of two years
from said July 1; the time which each director shall hold office being designated on the ballot.
Subd. 3. Identification number.
If the organization of the district is changed from common
to independent at the meeting, the clerk shall notify the auditor and the commissioner.
Upon receipt of such notification, the commissioner shall assign a new identification number
to the district and shall notify the auditor and the clerk of the district thereof.
Subd. 4. Change in district classification.
As of the date of election, if a majority of votes
cast on the question favor the conversion to an independent district, the classification of the
district is changed from common to independent. Title to all the property, real and personal, of
the common district passes to the independent district and all current outstanding contractual
obligations, including the bonded indebtedness, if any, of the common district, together with any
legally valid and enforceable claims against the common district are imposed on the independent
Subd. 5. Clerk to record district identification number.
Upon receipt of the identification
number from the commissioner, the clerk of the district shall record such change of number with
the county recorder in any county in which the common district owns any real estate.
History: Ex1959 c 71 art 3 s 9; 1976 c 181 s 2; 1980 c 609 art 6 s 13; 1987 c 266 art 2
s 7; 1998 c 397 art 5 s 45,46,104