piers109uk/MN-Statutes huggingface dataset:
429.081 APPEAL TO DISTRICT COURT.
Within 30 days after the adoption of the assessment, any person aggrieved, who is not precluded by failure to object prior to or at the assessment hearing, or whose failure to so object is due to a reasonable cause, may appeal to the district court by serving a notice upon the mayor or clerk of the municipality. The notice shall be filed with the court administrator of the district court within ten days after its service. The municipal clerk shall furnish appellant a certified copy of objections filed in the assessment proceedings, the assessment roll or part complained of, and all papers necessary to present the appeal. The appeal shall be placed upon the calendar of the next general term commencing more than five days after the date of serving the notice and shall be tried as other appeals in such cases. The court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor. All objections to the assessment shall be deemed waived unless presented on such appeal. This section provides the exclusive method of appeal from a special assessment levied pursuant to this chapter.
428B.09 DISESTABLISHMENT.
An ordinance adopted under this chapter must provide a 30-day period each year in which business owners subject to the service charge may request disestablishment of the district. Beginning one year after establishment of the tourism improvement district, an annual 30-day period of disestablishment begins with the anniversary of the date of establishment. Upon submission of a petition from impacted business owners, the municipality may disestablish a tourism improvement district by adopting an ordinance after holding a public hearing on the disestablishment. Prior to the hearing, the municipality must publish notice of the hearing on disestablishment in at least two issues of the municipality's official newspaper. The two publications must be two weeks apart and the municipality must hold the hearing at least three days after the last publication. Not less than ten days before the hearing, the municipality must mail, or deliver by electronic means, notice to the business owner of each business subject to the service charge. The notice must include:
(1) the time and place of the hearing;
(2) a statement that all interested persons will be given an opportunity to be heard at the hearing regarding disestablishment;
(3) the reason for disestablishment; and
(4) a proposal to dispose of any assets acquired with the revenues of the service charge imposed under the tourism improvement district.
An ordinance disestablishing the tourism improvement district becomes effective following the notice and veto requirements in section 428B.08.
(a) Upon the disestablishment of a tourism improvement district, any remaining revenues derived from the service charge, or any revenues derived from the sale of assets acquired with the service charge revenues, shall be refunded to business owners located and operating within the tourism improvement district in which service charges were imposed by applying the same method and basis that was used to calculate the service charges levied in the fiscal year in which the district is disestablished.
(b) If the disestablishment occurs before the service charge is imposed for the fiscal year, the method and basis that was used to calculate the service charge imposed in the immediate prior fiscal year shall be used to calculate the amount of a refund, if any.
429.071 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT.
The council may make supplemental assessments to correct omissions, errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular. A supplemental assessment shall be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assessment and a hearing as provided for the original assessment.
When an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the council finds that the assessment or any part thereof is excessive or determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels.
When a tract of land against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the council may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The council may, and if the special assessment has been pledged to the payment of improvement warrants shall, require the owner or owners, as a condition of such apportionment, to furnish a satisfactory surety bond fully protecting the municipality against any loss resulting from failure to pay any part of the reapportionment assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. Within 30 days after the mailing or service of the notice of such apportionment any such owner may appeal as provided in section 429.081.
When a parcel of tax-forfeited land is returned to private ownership and the parcel is benefited by an improvement for which special assessments were canceled because of the forfeiture, the municipality that made the improvement may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessment.
428B.07 PETITION REQUIRED.
A municipality may not establish a tourism improvement district under section 428B.02 unless impacted business owners file a petition requesting a public hearing on the proposed action with the clerk of the municipality.
428B.05 COLLECTION OF SERVICE CHARGES; PENALTIES.
The service charges imposed under this chapter may be collected by the municipality, tourism improvement association, or other designated agency or entity. Collection of the service charges must be made at the time and in the manner set forth in the ordinance. The entity collecting the service charges may charge interest and penalties on delinquent payments for service charges imposed under this chapter as set forth in the municipality's ordinance.
428B.10 COORDINATION OF DISTRICTS.
If a county establishes a tourism improvement district in a city or town under this chapter, a city or town may not establish a tourism improvement district in the part of the city or town located in the county-established district. If a city or town establishes a tourism improvement district under this chapter, a county may not establish a tourism improvement district in the part of the city or town located in the city- or town-established district.
428B.06 TOURISM IMPROVEMENT ASSOCIATION.
The tourism improvement association must be designated in the municipality's ordinance. The tourism improvement association shall appoint a governing board or committee composed of a majority of business owners who pay the tourism improvement district service charge, or the representatives of those business owners. The governing board or committee must manage the funds raised by the tourism improvement district and fulfill the obligations of the tourism improvement district. A tourism improvement association has full discretion to select the specific activities and improvements that are funded with tourism improvement district service charges within the authorized activities and improvements described in the ordinance.
The tourism improvement association must submit to the municipality an annual report for each year in which a service charge is imposed. The report must include a financial statement of revenue raised by the district. The municipality may also, as part of the enabling ordinance, require the submission of other relevant information related to the association.
428B.08 VETO POWER OF OWNERS.
The effective date of an ordinance or resolution adopted under this chapter must be at least 45 days after it is adopted by the municipality. Within five days after the municipality adopts the ordinance or resolution, the municipality must mail a summary of the ordinance or resolution to each business owner subject to the service charge within the tourism improvement district in the same manner that notice is mailed, or delivered by electronic means, under section 428B.02. The mailing must include a notice that business owners subject to the service charge have the right to veto, by a simple majority, the ordinance or resolution by filing the required number of objections with the clerk of the municipality before the effective date of the ordinance or resolution and include notice that a copy of the ordinance or resolution is available for public inspection with the clerk of the municipality.
If impacted business owners file an objection to the ordinance or resolution before the effective date of the ordinance or resolution, the ordinance or resolution does not become effective.
429.111 CHARTER PROVISIONS, EFFECT.
Any city operating under a home rule charter may proceed either under this chapter or under its charter in making an improvement unless a home rule charter or amendment adopted after April 17, 1953, provides for making such improvement under this chapter or under the charter exclusively.
430.001 DEFINITIONS.
For the purposes of this chapter, the following terms have the meanings given.
"City" means a home rule charter or statutory city.
"City council" means the governing body of a city.
"Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is predominantly improved with (1) residences, or (2) residences and buildings in use for business.
"System of streets, parks, and parkways" means a body of contiguous land designated to be used in part for streets and in part for parks or parkways.
430.01 DESIGNATION OF LAND FOR VARIOUS USES.
The council and the board of park commissioners of a city of the first class may designate land to be acquired for a system of streets, parks, and parkways. They may take this action only by concurrent resolution adopted by a majority vote of each body. The land must be acquired under this chapter, in proceedings conducted either by the city council or the board of park commissioners, as stated in the resolution.
The council of a city may by resolution designate land to be acquired, improved, and operated for motor vehicle parking lots. By resolution, the council may designate lands to be acquired, improved, and operated for pedestrian malls. By ordinance adopted under section 430.011, the council may designate any property within a city right-of-way to be improved primarily for pedestrian uses.
If the board of park commissioners acts, the duties to be performed under this chapter by the city clerk, the city engineer, and the city attorney, respectively, must be performed by the secretary, the engineer, and the attorney elected and employed by the board of park commissioners, and the powers to be exercised under this chapter by the city council may be exercised by the board of park commissioners.
As used in this chapter, the term "system of streets, parks, and parkways" means a body of contiguous land designed to be used in part for streets and in part for parks or parkways. The concurrent resolution must designate which part is for streets, which part is for parks, and which part is for parkways.
If the city council wants to take, improve, or take and improve land for street purposes, to take land for motor vehicle parking lots, to take land for pedestrian malls, or to improve streets for pedestrian uses, it may act under this chapter for that purpose without the concurrence of the board of park commissioners. If the board of park commissioners wants to take, improve, or take and improve land for parks or parkways, it may act under this chapter without the concurrence of the city council.
430.023 WHEN CLERK TO MAIL NOTICE IN CONDEMNATION PROCEEDING.
If a city is authorized in its charter to condemn property for public use and to appoint commissioners to assess damages or benefits on condemned property and is required by its charter to give notice of the filing of the commissioners' report, the city clerk shall give the required notice. Notice must be given by mailing it to the person whose name appears on the records of the auditor of the county in which the city is located as the person who last paid the taxes on the property proposed to be taken, within 48 hours after the filing of the commissioners' report.
430.031 APPEALS FROM PEDESTRIAN MALL ORDINANCES.
No action may be commenced or maintained, and no defense interposed, questioning the validity, regularity, or legality of all or part of a pedestrian mall ordinance, or an amendment, to it adopted by a city under section 430.011, subdivision 3 or 13 except by an appeal to the district court of the county in which the city is located within 20 days after the final adoption and publication of the ordinance or amendment.
An appeal under this section may be commenced and maintained on the grounds that the ordinance is unreasonable or arbitrary or unlawfully obstructs the public use and interest in a street or part of a street named in the ordinance or takes or interferes with the appellant's property without due process of law, or on any other lawful grounds. An appeal under this section may be taken by a citizen or taxpayer of the city or a person whose property is or may be taken or interfered with without due process of law by reason of the enactment or enforcement of the ordinance.
An appeal under this section may be made by serving a written notice on the city clerk setting forth the grounds for the appeal and any property the appellant claims to be taken or interfered with. The city clerk shall make out and send to the court administrator of the district court (1) a certified copy of the ordinance, (2) if not previously filed, a certified copy of the award of the commissioners as confirmed by the council, and (3) the order of the council confirming the award in any improvement proceeding connected with the ordinance. No other pleadings are required. No surety bond is required except upon motion of the city under chapter 562.
An appeal under this section suspends the ordinance until the action is determined by a final order of the court. The court shall advance the case on its calendar for trial at the earliest feasible date. An appeal from a district court judgment in the action must be taken within 30 days after notice of entry of the judgment. A party may apply to the court of appeals for an order fixing the time and manner of hearing the appeal; the court may provide for a speedy hearing.
430.05 COUNCIL MAY ABANDON; EFFECT ON AWARDS.
During proceedings for improvements under this chapter or within 90 days after the final order of the court on the last appeal from those proceedings, the city council may set aside awards and abandon proceedings concerning parcels if it thinks that is in the city's interest. The city council may also rescind and annul a pedestrian mall ordinance adopted after being proposed under section 430.011 within 90 days after the final order of the court on the last appeal from those proceedings under section 430.03 or 430.031. If it does, any improvement begun in connection with the ordinance is abandoned and any awards and assessments are set aside. Awards, if not set aside, are a charge upon the city, for the payment of which the city pledges its faith and credit, and the city is entitled to immediate possession. The city council may order awards that are not set aside to be paid into the district court of the county for the use and benefit of those who are entitled to them. The money paid into court must be paid out under order of the court upon application of interested parties after notice required by the court.
430.06 SPREADING OF ASSESSMENT INSTALLMENTS.
The city clerk shall send a certified copy of the assessment roll to the auditor of the county in which assessed land lies. The auditor shall include five percent of the principal amount of the assessment as part of the taxes upon each parcel annually for 20 years, including annual interest at the rate ascertained. The city council and board of park commissioners may, by concurrent resolution, determine that the amount of the assessment must be collected in five or ten equal annual installments instead of 20. In that case the county auditor shall include a corresponding percentage of the principal amount of the assessment as part of the annual taxes, including annual interest, until the principal amount is collected.
The auditor shall include in the annual taxes one of the installments and one year's interest upon that installment, and all subsequent installments at the same rate. Each installment, together with interest, must be collected with the annual taxes upon the land, together with penalties and interest on default. All of these must be collected with and enforced as the annual taxes and credited to the proper city fund.
Any parcel assessed may be discharged from the assessment at any time after the auditor receives the assessment by paying all installments that have gone into the hands of the county treasurer, with accrued interest, penalties, and costs, and by paying all subsequent installments; or any parcel assessed may be discharged from the assessment by presenting certificates or bonds sold against the assessments under this chapter, sufficient in amount to cover all installments due on that parcel and accrued interest, penalties, and costs, and all installments yet to accrue, by surrendering the certificates or bonds to the county treasurer for cancellation or having endorsed on them the installments, interest, penalties, and costs.
An assessment is a lien on the land against the owner and every person in any way interested in the land. The owner and any person interested in the land may defend against an assessment at the time of application for judgment in the regular proceedings for the enforcement of delinquent taxes. The assessment is not invalid because of any irregularity if the notices have been published substantially as required. No defense is allowed except upon the ground that the cost of the improvement is substantially less than the amount of the assessment, and then only to the extent of the difference between the assessment and the actual cost.
Assessments made under this chapter must be called special street, motor vehicle parking lot, and parkway assessments of the city of ..... and numbered consecutively. When an assessment is certified by the city clerk to the county auditor, a duplicate must be sent to the city comptroller; all assessments must be sufficiently identified by name and number.
430.08 LIMIT ON ASSESSMENT INSTALLMENTS.
If land is acquired under this chapter for streets, parks, and parkways for less than $3,000, the amount of the assessment for the cost must be collected in less than six equal annual installments.
430.09 TITLE ACQUIRED.
Title obtained to land designated for park purposes and motor vehicle parking lots under this chapter must be an absolute estate in fee simple, unqualified in any way, and must vest in the city. The city shall take only an easement in other land.
430.10 CONTROL OF STREETS, PARKS, AND PARKWAYS.
When proceedings under this chapter are completed, the streets, parks, and parkways must be governed as other streets, parks, and parkways are governed by the city council and board of park commissioners respectively. Streets, however, may be taken by the board of park commissioners for parkways with the consent of the city council, and parkways may be taken by the city council for streets with the consent of the board of park commissioners. When proceedings for the acquisition of motor vehicle parking lots are completed, the parking lots acquired must be controlled and operated by the city council. The city council shall set parking rates so as to pay the cost of operation of the lots. Money received must be deposited in a fund designated by the city council and kept separate from other city funds. Funds available in another permanent or current fund may be advanced to the designated fund for temporary use and must be returned to the fund from which advanced when receipts from operation permit.
430.11 IMPROVEMENTS TO BE MADE PROMPTLY.
The improvements under this chapter must be made as soon as possible after the land is secured by the body conducting the proceedings for acquisition.
430.12 BONDS FOR IMPROVEMENTS.
The city council may issue and sell special certificates of indebtedness or special street or parkway improvement bonds as necessary to pay for making improvements and paying damages. The holders of the certificates or bonds are entitled to all amounts realized on any assessment, or, in the council's discretion, the holders of a series of two or more certificates or bonds have those rights against one assessment or against the assessments in two or more different proceedings. The principal and interest will be payable at fixed dates out of the funds collected from the assessments, including interest and penalties, and those funds are pledged for the pro rata payment of the certificates or bonds and related interest as they become due. These certificates or bonds may be made payable to the bearer, with interest coupons attached, and the city council may bind the city to make good deficiencies in the collection up to, but not exceeding, the principal and interest at the rate fixed under this section and for the time specified in section 430.06. If the city, because of this guaranty, redeems a certificate or bond, it is subrogated to the holder's rights. For the purpose of this guaranty, penalties collected must be credited upon deficiencies of principal and interest before the city is liable. These certificates or bonds must be sold at public sale or by sealed proposals at a meeting after at least two weeks' published notice, to the purchaser who will pay the par value at the lowest interest rate. The certificates or bonds must be drawn accordingly.
The rate of interest may not exceed seven percent per year, payable annually or semiannually. The city clerk shall certify to the county auditor the rate of interest determined at the first bond sale held for any improvement under this chapter, and interest must be computed on the assessments at this annual rate, in accordance with section 430.06. If the rate of interest determined at any subsequent bond sale for the same improvement is greater than the rate determined at the first bond sale, the difference between these rates of interest must be a general city charge.
If the proceeds of special certificates of indebtedness or special street or parkway improvement bonds are in excess of the amount actually necessary to make the improvements for which they were issued, or if the proceeds are not immediately required for the prosecution or completion of the improvement, the proceeds may meanwhile be used by the city council for other improvements authorized under this chapter, and the proceeds used must be replaced and made good as necessary from the proceeds of special certificates of indebtedness or special bonds issued for other improvements.
Sections 474A.01 to 474A.21 apply to any obligations issued under this section that are subject to limitation under a federal tax law as defined in section 474A.02, subdivision 8.
430.13 BONDED DEBT.
Certificates or bonds that may be issued to finance an improvement under this chapter are part of the bonded debt of the city. In calculating the net indebtedness of the city due to the issue of certificates or bonds, there may be deducted from the gross debt of the city the amount of certificates or bonds that are payable wholly or partly from collections of special assessments levied on property benefited by the improvements, including general obligations of the issuing city, if the city is entitled to reimbursement, in whole or in part, from the proceeds of special assessments levied upon property especially benefited by the improvements.
430.14 ADDITIONAL POWERS.
The powers granted in this chapter are in addition to other powers in laws and city charters and do not repeal or modify any law or city charter.
430.15 PAYMENT BY CITY; GIFTS.
A city may, if it has funds available from other sources, pay part of the cost of an improvement and raise the rest by the methods provided in this chapter. The city may also accept gifts to be used to pay for an improvement.
423.075 COMPULSORY RETIREMENT OF CERTAIN EMPLOYEES OF POLICE AND FIRE DEPARTMENTS.
Notwithstanding any contrary provisions of sections 197.455 to 197.48, every employee, officer, or person on the payroll of any fire or police department in any city of the first class who is a member of any tax aided pension, relief, or retirement fund established and maintained by authority of laws of this state, shall retire upon reaching the age of 65 years.
[Repealed, 1981 c 224 s 276]
423.076 RETIREMENT; POLICE AND FIRE DEPARTMENTS.
A compulsory retirement age of not less than 65 years that was in effect on March 3, 1983, for persons on the payroll of a police or fire department which does not come within the provisions of section 423.075 without being a violation of section 363A.20, subdivision 9, may be retained.
424B.001 APPLICATION OF CHAPTER 424A.
This chapter must be read in conjunction with chapter 424A. For the purposes of this chapter, the definitions and other provisions of chapter 424A apply where not inconsistent with this chapter.
424A.002 AUTHORIZATION OF NEW OR CONTINUING FIREFIGHTERS RELIEF ASSOCIATIONS.
A fire department, with approval by the applicable municipality or municipalities, may establish a new firefighters relief association or may retain an existing firefighters relief association. A fire department may be associated with only one firefighters relief association at one time.
The articles of incorporation or the bylaws of the firefighters relief association must specify that the relief association is either a defined benefit relief association subject to sections 424A.015, 424A.02, and 424A.091 to 424A.094 or is a defined contribution relief association subject to sections 424A.015 and 424A.016.
424B.02 CONSOLIDATION AUTHORIZED.
(a) With the approval of the governing body of each applicable municipality, two or more relief associations associated with fire departments serving contiguous fire districts may initiate the consolidation of the relief associations into a subsequent relief association.
(b) Initiation of a consolidation action must occur through the proposal of a consolidation resolution to the board of trustees of each firefighters relief association notification of the relief association membership of the potential consolidation and after conducting a public meeting on the consolidation question.
(a) After a consolidation initiative resolution has been filed with the relief association board of trustees by one or more members of the board, the relief association secretary shall provide written notification of the initiative to the relief association membership. After notification of the relief association membership, the board of trustees must hold a public hearing on the initiative. After the hearing, the board of trustees shall act on the consolidation resolution.
(b) If the consolidation resolution is adopted by majority vote of the board of trustees, the secretary shall file a copy of the resolution with the other relief association or associations also considering consolidation.
(c) If two or more volunteer firefighters relief associations adopt a consolidation resolution, those relief associations are consolidated effective the next following January 1.
(d) Within 30 days of the adoption of the consolidation resolution by all prior relief associations, the secretaries of the applicable prior relief associations shall jointly notify in writing the state auditor, the commissioner of revenue, and the secretary of state of the consolidation.
424A.003 CERTIFICATION OF SERVICE CREDIT.
(a) When a municipal fire department, a joint powers fire department, or an independent nonprofit firefighting corporation is directly associated with a firefighters relief association, the fire chief shall certify annually by March 31 the service credit for the previous calendar year of each volunteer firefighter and paid on-call firefighter rendering active service with the fire department.
(b) The certification shall be made to an officer of the relief association's board of trustees and to the municipal clerk or clerk-treasurer of the largest municipality in population served by the associated fire department.
(c) The fire chief shall notify each volunteer firefighter and paid on-call firefighter rendering active service with the fire department of the amount of service credit rendered by the firefighter for the previous calendar year. Upon request, the fire chief shall provide the firefighter with a written explanation and documentation to support the determination of service credit. The service credit notification and a description of the process and deadlines for the firefighter to challenge the fire chief's determination of service credit must be provided to the firefighter at least 21 days prior to its certification to the relief association and municipality. If the service credit amount is challenged, the fire chief shall accept and consider any additional pertinent information and shall make a final determination of service credit.
(d) The service credit certification must be expressed as the number of completed months of the previous year during which an active volunteer firefighter or paid on-call firefighter rendered at least the minimum level of duties as specified and required by the fire department under the rules, regulations, and policies applicable to the fire department. No more than one year of service credit may be certified for a calendar year.
(e) If a volunteer firefighter or paid on-call firefighter who is a member of the relief association leaves active firefighting service to render active military service that is required to be governed by the federal Uniformed Services Employment and Reemployment Rights Act, as amended, the firefighter must be certified as providing service credit for the period of the military service, up to the applicable limit of the federal Uniformed Services Employment and Reemployment Rights Act. If the volunteer firefighter or paid on-call firefighter does not return from the military service in compliance with the federal Uniformed Services Employment and Reemployment Rights Act, the service credits applicable to that military service credit period are forfeited and canceled at the end of the calendar year in which the time limit set by federal law occurs.
435.47 PURCHASING WATER.
The council of any statutory city lying adjacent to a city of the first class which has not theretofore operated a municipal water system but which has installed water and sewer mains to serve the inhabitants thereof, which sewer and water mains connect with said mains installed by the city, is hereby authorized to furnish water and sewer services by purchasing water from the water department of said city and reselling the same to the inhabitants of the statutory city. The council of any such statutory city may by resolution duly adopted determine to install necessary improvements, additions, and extensions to the existing sewer and water mains for such purposes and may assess the cost of such improvements, additions, and extensions upon property benefited thereby in accordance with the procedure of section 429.061, and may thereafter issue certificates of indebtedness of the statutory city in anticipation of the collection of said assessments in accordance with the provisions of section 429.091.
424B.03 SUBSEQUENT RELIEF ASSOCIATION.
If the subsequent relief association is a new firefighters relief association, the consolidated firefighters relief association must be incorporated under chapter 317A. The incorporators of the consolidated relief association must include at least one board member of each of the former volunteer firefighters relief associations.
If the subsequent relief association is one of the prior relief associations, the articles of incorporation and bylaws must be appropriately revised, effective on the consolidation effective date, and a revised board of trustees must be elected before the consolidation effective date.
424B.04 GOVERNANCE OF CONSOLIDATED FIREFIGHTERS RELIEF ASSOCIATION.
The consolidated firefighters relief association is governed by a board of trustees as provided in section 424A.04, subdivision 1.
The board must have three officers, including a president, a secretary, and a treasurer. The membership of the consolidated firefighters relief association must elect the three officers from the board members. A board of trustees member may not hold more than one officer position at the same time.
The board of trustees must administer the affairs of the relief association consistent with this chapter and the applicable provisions of chapters 356A, 424A, and 477B.
448.03 FOURTH CLASS CHARTER CITY LAND FOR PARK, FAIRGROUNDS.
Any city of the fourth class, operating under a home rule charter, may acquire by purchase or condemnation a tract of land not exceeding 25 acres, lying within the corporate limits of the city, and devote the same to the uses of a public park and incidentally may grant to the county agricultural society of the county in which the city is situated the right to hold the annual county fair in the part of the park as shall not interfere with its general usefulness for park purposes.
424B.05 SPECIAL AND GENERAL FUNDS.
The consolidated firefighters relief association must establish and maintain a special fund and a general fund. The special fund must be established and maintained as provided in section 424A.05. The general fund must be established and maintained as provided in section 424A.06.
447.04 CHARITY BUREAU.
The council of a statutory city with a population over 8,000 may establish and maintain a public charity bureau to give public charitable relief to the city's poor, to help ex-service persons get hospitalization, sick relief, federal aid or benefits, and to pay for the relief.
424B.06 TRANSFERS.
On the effective date of consolidation, the records, assets, and liabilities of the prior firefighters relief associations are transferred to the consolidated firefighters relief association. On the effective date of consolidation, the prior firefighters relief associations cease to exist as legal entities, except for the purposes of winding up association affairs as provided by this chapter.
On the effective date of consolidation, the administration of the prior relief associations is transferred to the board of trustees of the subsequent firefighters relief association.
On the effective date of consolidation, the secretary and the treasurer of the prior firefighters relief associations shall transfer all records and documents relating to the prior relief associations to the secretary and treasurer of the subsequent firefighters relief association.
(a) On the effective date of consolidation, the secretary and the treasurer of a prior firefighters relief association shall transfer the assets of the special fund of the applicable relief association to the special fund of the subsequent relief association. Unless the appropriate secretary and treasurer decide otherwise, the assets may be transferred as investment securities rather than cash. The transfer must include any accounts receivable. The appropriate secretary must settle any accounts payable from the special fund of the relief association before the effective date of consolidation.
(b) Upon the transfer of the assets of the special fund of a prior relief association, the pension liabilities of that special fund become the obligation of the special fund of the subsequent firefighters relief association.
(c) Upon the transfer of the prior relief association special fund assets, the board of trustees of the subsequent firefighters relief association has legal title to and management responsibility for the transferred assets as trustees for persons having a beneficial interest in those assets arising out of the benefit coverage provided by the prior relief association.
(d) The subsequent firefighters relief association is the successor in interest in all claims for and against the special funds of the prior firefighters relief associations or the applicable municipalities with respect to the special funds of the prior relief associations. The status of successor in interest does not apply to any claim against a prior relief association, the municipality in which that relief association is located, or any person connected with the prior relief association or the municipality, based on any act or acts that were not done in good faith and that constituted a breach of fiduciary responsibility under common law or chapter 356A.
424A.021 CREDIT FOR BREAK IN SERVICE TO PROVIDE UNIFORMED SERVICE.
Subject to restrictions stated in this section, a volunteer firefighter or paid on-call firefighter who is absent from firefighting service due to service in the uniformed services, as defined in United States Code, title 38, section 4303(13), may obtain service credit if the relief association is a defined benefit plan or an allocation by the relief association as though the person was an active member if the relief association is a defined contribution plan for the period of the uniformed service, not to exceed five years, unless a longer period is required under United States Code, title 38, section 4312.
(a) To be eligible for service credit or an allocation as though an active member under this section, the firefighter must return to firefighting service with coverage by the same relief association or by the successor to that relief association upon discharge from service in the uniformed service within the time frame required in United States Code, title 38, section 4312(e).
(b) Service credit or an allocation as though an active member is not authorized if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions.
(c) Service credit or an allocation as though an active member is not authorized if the firefighter fails to provide notice to the fire department that the individual is leaving to provide service in the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation.
447.05 HOSPITALS; CHARTER CITIES OF THE THIRD OR FOURTH CLASS.
A home rule charter city of the third or fourth class may acquire, establish, and operate hospitals. The city may take those actions by resolution or ordinance approved by two-thirds of the city council.
424B.07 DISSOLUTION OF PRIOR GENERAL FUND BALANCES.
Before the effective date of consolidation, the secretaries of the volunteer firefighters relief associations shall settle any accounts payable from the respective general fund or any other relief association fund in addition to the relief association special fund. Investments held by a fund of the prior relief associations in addition to the special fund must be liquidated before the effective date of consolidation as the bylaws of the relief association provide. Before the effective date of consolidation, the respective relief associations must pay all applicable general fund expenses from their respective general funds. Any balance remaining in the general fund or in a fund other than the relief association special fund as of the effective date of consolidation must be paid to the new general fund of the subsequent firefighters relief association.
447.06 ACQUISITION OF SITES AND PROPERTY.
A city mentioned in section 447.05 may acquire property by gift, purchase, or condemnation, to establish, maintain, equip, improve, own, and operate a hospital, hospital site, or hospital grounds within the city limits. The city may hold, own, and operate a hospital, hospital grounds and sites, and other real and personal property previously transferred or conveyed to it for hospital purposes.
424B.08 TERMINATION OF PRIOR RELIEF ASSOCIATIONS.
Following the transfer of administration, records, special fund assets, and special fund liabilities from the prior relief associations to the subsequent firefighters relief association, the prior firefighters relief associations cease to exist as legal entities for any purpose. The subsequent relief association secretary shall notify the following governmental officials of the termination of the respective firefighters relief associations and of the establishment of the subsequent firefighters relief association:
(1) Minnesota secretary of state;
(2) Minnesota state auditor;
(3) Minnesota commissioner of revenue; and
(4) commissioner of the federal Internal Revenue Service.
440.08 ACQUIRING PROPERTY AND EASEMENTS FOR STREETS, HIGHWAYS.
Each city of the first class in this state, acting through its council, in addition to all other powers possessed by the city, is hereby authorized and empowered to acquire by purchase, gift, devise, or condemnation any lands or property and any rights and easements therein which may be needed or required by the city for public street and highway uses or purposes; including among others easements for public streets and highways and bridges and approaches thereto, with necessary supports and abutments therefor, within its corporate boundaries notwithstanding the fact that the property so needed or required has been acquired by the owner under the power of eminent domain or is already devoted to a public use.
424B.09 ADMINISTRATIVE EXPENSES.
The payment of authorized administrative expenses of the subsequent firefighters relief association must be from the special fund of the subsequent firefighters relief association in accordance with section 424A.05, subdivision 3b, and as provided for in the bylaws of the subsequent firefighters relief association and approved by the board of trustees of the subsequent firefighters relief association. The payment of any other expenses of the subsequent firefighters relief association must be from the general fund of the subsequent firefighters relief association in accordance with section 424A.05, subdivision 3b, and as provided for in the bylaws of the subsequent firefighters relief association and approved by the board of trustees of the subsequent firefighters relief association.
447.07 RULES.
The city council may adopt rules for the operation of the hospitals and appoint a board to manage its hospital affairs and property, as it finds necessary.
440.09 CONDEMNATION PROCEEDINGS.
Proceedings in eminent domain under sections 440.08 and 440.09 shall be in pursuance of chapter 117. The city, upon giving the notice required by section 117.042, or upon the filing of the report of the commissioners as provided in section 117.115 may enter upon and appropriate the lands so condemned or any distinct parcel thereof, without the giving of any bonds, but in case of such entry and appropriation the city shall be bound absolutely to pay all damages awarded, whether by commissioners acting under chapter 117, or by the court upon appeal from their award, together with all costs and expenses adjudged against it in the proceedings, and the court shall issue a writ to the sheriff of the county to put the city in possession. In case the city shall take appeal in any such proceedings it shall not be required to give or file any appeal bond.
424A.03 VOLUNTEER FIREFIGHTER SERVICE PENSION AND RETIREMENT BENEFITS BASED ON SERVICE.
A relief association must provide service pensions or retirement benefits to its members based on the years of service of the members, not on the compensation paid to the members for their service.
If a relief association violates subdivision 1, the affiliated municipality or municipalities must not be included in the apportionment of fire state aid and police and firefighter retirement supplemental state aid payable under chapter 477B and section 423A.022 and in the apportionment of fire state aid to the various municipalities under section 477B.03.
[Repealed, 2015 c 68 art 13 s 65]
424B.10 CONSOLIDATION; BENEFITS; FUNDING.
[Repealed, 2009 c 169 art 10 s 58]
This section applies when all of the volunteer firefighters' relief associations involved in the consolidation are defined benefit relief associations as defined in section 424A.001, subdivision 1b.
(a) The successor relief association following the consolidation of two or more defined benefit relief associations must be a defined benefit relief association.
(b) Notwithstanding any provision of section 424A.02, subdivision 3, to the contrary, the initial service pension amount of the subsequent defined benefit relief association as of the effective date of consolidation is either the service pension amount specified in clause (1) or the service pension amounts specified in clause (2), as provided for in the consolidated relief association's articles of incorporation or bylaws:
(1) the highest dollar amount service pension amount of any prior firefighters relief association in effect immediately before the consolidation initiation if the pension amount was implemented consistent with section 424A.02; or
(2) for service rendered by each individual volunteer firefighter before consolidation, the service pension amount under the consolidating firefighters relief association that the firefighter belonged to immediately before the consolidation if the pension amount was implemented consistent with section 424A.02 and for service rendered after the effective date of the consolidation, the highest dollar amount service pension of any of the consolidating volunteer firefighters relief associations in effect immediately before the consolidation if the pension amount was implemented consistent with section 424A.02.
(c) Any increase in the service pension amount beyond the amount implemented under paragraph (a) must conform with the requirements and limitations of section 424A.02 and sections 424A.091 to 424A.095.
(a) Unless the applicable municipalities agree in writing to allocate the minimum municipal obligation in a different manner, the minimum municipal obligation under section 424A.092 or 424A.093, whichever applies, must be allocated between the applicable municipalities in proportion to their fire state aid.
(b) If any applicable municipality fails to meet its portion of the minimum municipal obligation to the subsequent relief association, all other applicable municipalities are jointly obligated to provide the required funding upon certification by the relief association secretary. An applicable municipality that pays the minimum municipal obligation amount for another applicable municipality, the municipality may collect that payment amount, plus a 25 percent surcharge, from the responsible applicable municipality by any available means, including a deduction from any state aid or payment amount payable to the responsible municipality upon certification of the necessary information to the commissioner of management and budget.