2004 Minnesota Statutes

     455.29 Municipalities may extend electric service. 

    Except as otherwise restricted by chapter 216B, the 
 governing body, or the commission or board charged with the 
 operation of the public utilities, if one exists therein, of any 
 municipality in the state owning and operating an electric light 
 and power plant for the purpose of the manufacture and sale of 
 electrical power or for the purchase and redistribution of 
 electrical power, may, upon a two-thirds vote of the governing 
 body, or the commission or board, in addition to all other 
 powers now possessed by such municipality, sell electricity to 
 customers, singly or collectively, outside of such municipality, 
 within the state but not to exceed a distance of 30 miles from 
 the corporate limits of the municipality.  Before any 
 municipality shall have the power to extend its lines and sell 
 electricity outside of the municipality as provided by sections 
 455.29 and 455.30, the governing body shall first submit to the 
 voters of the municipality, at a general or special election, 
 the general principle of going outside the municipality and 
 fixing the maximum amount of contemplated expenditures 
 reasonably expected to be made for any and all extensions then 
 or thereafter contemplated.  Three weeks' published notice shall 
 be given of such election as required by law, and if a majority 
 of those voting upon the proposition favors the same, then the 
 municipality shall thereafter be considered as having chosen to 
 enter the general business of extending its electric light and 
 power facilities beyond the corporate limits of the 
 municipality.  It shall not be necessary to submit to a vote of 
 the people the question of any specific enlargement, extension, 
 or improvement of any outside lines; provided the voters of the 
 municipality have generally elected to exercise the privileges 
 afforded by sections 455.29 and 455.30, and, provided, that each 
 and any specific extension, enlargement, or improvement project 
 is within the limit of the maximum expenditure authorized at the 
 election. In cities operating under a home rule charter, where a 
 vote of the people is not now required in order to extend 
 electric light and power lines, no election shall be required 
 under the provisions of any act.  At any election held to 
 determine the attitude of the voters upon this principle, the 
 question shall be simply stated upon the ballot provided 
 therefor, and shall be substantially in the following form:  
 "Shall the city of ..................... undertake the general 
 proposition of extending its electric light and power lines 
 beyond the limits of the municipality, and limit the maximum 
 expenditures for any and all future extensions to the sum of 
 $....................?" For this purpose every municipality is 
 authorized and empowered to extend the lines, wires, and 
 fixtures of its plant to such customers and may issue 
 certificates of indebtedness therefor in an amount not to exceed 
 the actual cost of the extensions and for a term not to exceed 
 the reasonable life of the extensions.  These certificates of 
 indebtedness shall in no case be made a charge against the 
 municipality, but shall be payable and paid out of current 
 revenues of the plant other than taxes. 

    HIST: (1867-1) 1933 c 141 s 1; 1935 c 316 s 1; 1973 c 123 art 
 5 s 7; 1976 c 44 s 55