piers109uk/MN-Statutes huggingface dataset:
372.07 CONDUCT OF ELECTION.
As far as practicable the election shall be conducted, and the votes cast, counted, returned, and canvassed, by the same officials and under the same provisions of law as in the case of general elections. The polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The ballots shall include the words: "For changing the county seat to (here name the place). Yes. No," with a square opposite each of the words "yes" and "no," in which the voter may make a cross to indicate the voter's choice.
379.06 APPORTIONMENT OF FUNDS; TAXES.
In case of the division or partition of any town, the funds in its treasury and undistributed town taxes shall be apportioned to the town or towns to which the portions thereof shall be attached, or to the new town or towns established, to the extent the same are collected from the territory so attached or established into a new town. All taxes collected after the division or partition of such town shall when collected be paid to the town in which the property upon which the taxes are collected is located; but taxes levied for the payment of outstanding bonds shall be paid to the town issuing such bonds until such time as the same are paid. When any such county board shall have heretofore or shall hereafter divide or partition any such town it shall apportion to the several parts thereof that portion of the debts of the town represented by outstanding orders or otherwise and the property thereof as may seem to it right and proper, and the apportionment when so made shall be binding upon the parts affected, but shall be subject to review by the district court.
375B.07 REFERENDUM.
Upon receipt of a petition signed by five percent of the qualified voters within the territory of the proposed district prior to the effective date of its creation as specified in section 375B.06, the creation shall be held in abeyance pending referendum vote of all qualified electors residing within the boundaries of the proposed district.
The county board shall make arrangements for the holding of a special election on a date authorized by section 205.10, subdivision 3a, within the boundaries of the proposed district. The question to be submitted and voted upon by the qualified voters within the territory of the proposed district shall be phrased substantially as follows:
"Shall a subordinate service district be established in order to provide (service or services to be provided) financed by (revenue sources)?"
If a majority of those voting on the question favor creation of the proposed district, the district shall be deemed created upon certification of the vote by the county auditor. The county auditor shall administer the election.
381.07 ASSESSMENT; NOTICE; CONFIRMATION.
On making the assessment, the board shall give one week's published notice thereof. The notice must contain a description of each tract of land affected, and specify the amount assessed against each tract, the name of the supposed owner, and the time and place of meeting of the board to correct and confirm the assessment. At the time and place given in the notice, the board, after making all proper corrections and adjustments, shall make an order confirming the assessment.
371.08 GOVERNOR TO APPOINT FIRST COUNTY BOARD.
The governor shall appoint five qualified electors residing within the consolidated county to constitute the first board of county commissioners for the new county, within 60 days after issuing the proclamation, who shall qualify as provided by law. The officers of each affected county shall continue in office until the consolidation proceedings become effective, with all the powers and duties of their respective offices, except as provided in this chapter.
365A.05 PUBLICATION AND EFFECTIVE DATE.
Within 20 days after passage of a resolution authorizing the establishment of a subordinate service district, the town board shall have the resolution published once in a qualified newspaper of general circulation within the town. The resolution must include a general description of the territory to be included within the district, the kind of service to be provided, and a statement of how the service will be financed. A notice must also be mailed to the owner of each parcel within the area proposed to be included in the district. The notice shall be sent to the same address as on the property tax statement. The district shall begin 60 days after publication or at a later date specified in the resolution.
365.07 TO PAY OFFICERS AND EXPENSES; TO RAISE MONEY.
It is a town charge:
(1) to pay town officers for services performed for the town;
(2) to pay contingent expenses necessarily incurred for the use and benefit of the town;
(3) to raise money authorized to be raised by the vote of the town meeting for general purposes; and
(4) to raise money directed by law to be raised for any town purpose.
375.056 SEVEN-MEMBER BOARD.
Any county with a population of 100,000 or more according to the last federal decennial census may by resolution of its county board provide for a seven-member board of county commissioners. A certified copy of the resolution of the county board of any county choosing to exercise this option shall be transmitted to the secretary of state. The county commissioner districts shall be redistricted by the county board in accordance with section 375.025.
376.07 CHANGES TO COUNTY HOSPITAL BUILDINGS; FINANCING.
(a) The county board, hospital board, or board of directors of a nonprofit or governmental hospital organization that has leased a county hospital may authorize the remodeling, improvement, alteration, or construction of an addition to the county hospital or of another building on the county hospital's existing premises by a majority vote of the board.
(b) Financing for any project under this section is governed by other law, including sections 373.40 and 447.45 and chapter 475.
379.07 TOWNS WITH SAME NAME.
If the commissioner of revenue, on comparing the abstracts of the reports from the several counties, finds that two or more towns have the same name, the commissioner shall transmit to the auditor of the proper county the name to be altered, and the county board shall, at its next meeting thereafter, adopt for such town a different name. When such name is adopted the county auditor shall inform the commissioner of revenue, as before directed.
372.08 CANVASS; CERTIFICATE OF CANVASSING BOARD.
When the canvass is completed the canvassing board shall immediately make, subscribe, and file with the auditor a certificate stating the total number of votes cast at the election; the number cast in each election district in favor of and against the change; the majority in each district for or against the change; the number cast in favor of and against the change in the county; and the majority in the county for or against the change. If 55 percent of all the votes cast at the election are in favor of the change, the board shall set a date at least 60 but not more than 90 days after the election to change the county seat.
375B.08 ENLARGING A SUBORDINATE SERVICE DISTRICT.
The county board, on its own motion or pursuant to petition, may enlarge any existing subordinate service district pursuant to the procedures specified in sections 375B.04 to 375B.07. Only qualified voters residing in the district to be added shall be eligible to participate in the election, but if five percent of the qualified voters residing in the existing service district petition to participate in the election, all qualified voters residing in the proposed service district shall be eligible.
373.05 COUNTY BUILDINGS.
Each county shall provide at the county seat, and keep in good repair, a suitable courthouse, supplied with fireproof vaults, a suitable and sufficient jail, and other necessary buildings.
381.08 ASSESSMENT ENTERED ON TAX DUPLICATE.
On the filing of the order of confirmation, the county auditor shall enter on the tax duplicate for the current year, against each such tract of land, the amount so assessed against it, which shall be collected as other taxes, and be deposited in the county revenue fund.
365A.06 REVERSE REFERENDUM.
Upon receipt of a petition signed by at least 25 percent of the property owners within the territory of the proposed district, before the effective date of its establishment as specified in section 365A.05, the establishment shall be in abeyance pending referendum vote within the boundaries of the proposed district.
The town board shall hold a special election within the boundaries of the proposed district on a date authorized by section 205.10, subdivision 3a. The question submitted and voted upon by the property owners within the territory of the proposed district must be phrased substantially as follows:
"Shall a subordinate service district be established to provide (service or services to be provided) financed by (revenue sources)?"
If a majority of those voting on the question favor creation of the district, the district shall begin upon certification of the vote by the town clerk. The town clerk shall administer the election.
376.08 COUNTIES OF NOT MORE THAN 50,000; HOSPITALS AND MUNICIPALLY OWNED NURSING HOMES.
Except as provided in subdivision 2, the board of county commissioners in any county with a population of 50,000 or less may appropriate up to $65,000 annually from the general revenue fund of the county for the acquisition of lands for hospital purposes, and the construction, improvement, alterations, equipment and maintenance of hospitals within the county, including public or nonprofit hospitals that are not county hospitals. The board may also appropriate up to $25,000 from the general revenue fund of the county for the acquisition of land and construction of municipally owned nursing homes within the county.
A county hospital may by majority vote of its board of commissioners, or if the hospital has been leased to another entity under section 376.06, subdivision 1, or 447.47, by majority vote of the board of directors of that entity, enter into projects for the construction of an addition or remodeling to its presently existing facility or the acquisition of equipment as described in this subdivision without complying with the dollar limitation of subdivision 1. This subdivision applies to projects in which the funds for the project are derived from dedicated, restricted, or other designated accounts, from the hospital's depreciation fund, or from the issuance of bonds authorized under other law. An addition to a current hospital under this subdivision may include construction of buildings physically separate from the present hospital building, as well as additions to the present building, if the new buildings are constructed on the hospital's existing premises.
This subdivision does not affect the ability of the hospital board to approve funds for improvements or remodeling of a hospital facility under other law.
Section 144.551 applies to any project authorized by subdivision 2. Subdivision 2 does not authorize an increase in the license capacity of the hospital or the licensing, relocation, or redistribution of hospital beds except as provided by section 144.551, subdivision 1, paragraph (b).
371.09 MEETING OF COUNTY BOARD.
The board of county commissioners for the new county shall meet at the county seat at a time designated in the order of the governor appointing them and elect one of its number as chair. The auditor of the county in which the county seat is located shall act as the recording officer of the board until the consolidation proceedings become effective. At the meeting, or at any adjournment, the board shall divide the new county into commissioner districts by an order defining the boundaries of each district. The order shall be filed with the auditor of each county affected.
365.08 TOWN DAMAGE TO PRIVATE ROAD IS A CHARGE IF VOTED.
If a court finds that a town's officers ordered work done on a private road believing that the road was public, the damage caused and necessary expenses and costs incurred in the suit are a claim against the town. Before the claim becomes a charge to be paid by the town, payment must be authorized by vote of a majority of electors present at a town meeting. First, there must be due notice that the question will be considered and voted on at the meeting.
375.057 SPECIAL ACTS PROVIDING FOR PAYMENT OF PER DIEMS.
Any special act for a single county or group of counties providing for the payment of per diems to county commissioners is superseded to the extent that it is inconsistent with Laws 1975, chapter 301, sections 1 to 14. This section does not apply to Hennepin, Ramsey, and St. Louis Counties.
375A.08 COUNTY AUDITOR-ADMINISTRATOR PLAN.
Subject to the exclusions recited in section 375A.01, subdivision 2, any county which has not provided for the appointment of the county auditor and has not combined the offices of auditor and treasurer may adopt the auditor-administrator plan. In any county adopting the county auditor-administrator plan, the elected county auditor shall serve also as county administrator pursuant to section 375A.06 and shall continue to perform all the duties of a county auditor as provided by law, except that the duties of the office of county auditor established by law appertaining to computation of taxes, delinquent taxes and receipt and disbursement of moneys shall be transferred to and vested in the office of county treasurer.
In any county adopting the county auditor-administrator plan, the office of county auditor shall become the office of auditor-administrator and the auditor-administrator shall be nominated and elected by all voters of the county in the manner provided by law for the election of county offices.
379.08 CHANGE OF NAME OF TOWN.
The board of county commissioners of any county in this state may change the name of any town within such county upon a petition signed by a number of the legal voters of such town equal to 55 percent of the votes cast in such town at the last preceding general election and the new name suggested in such petition shall be adopted as the official name of such town. Such petition shall be filed with the county auditor and it shall be the duty of the auditor thereupon to give three weeks' published notice of the filing of such petition by publishing the same in the official newspaper of the county, and the petition shall be taken up and considered at the next meeting of the board of county commissioners held not less than 30 days after the date of publication of such notice.
372.09 ELECTIONS HELD ONLY ONCE IN FIVE YEARS.
When an election for a change of county seat has been held in any county, a subsequent election for the removal of the county seat shall not be held, notice of intention to circulate a petition for a change shall not be published or posted, and a petition shall not be circulated, for the next five years. A subsequent election shall not be ordered unless the petition for the change is signed by 60 percent of those voting in the county at the last preceding general election.
374.08 JUDGES TO APPOINT BUILDING COMMISSION.
As soon as practicable after the city council and the county board decide to proceed with the construction of a joint courthouse and city hall building, an advisory courthouse and city hall building commission of nine members shall be appointed by, and serve at the pleasure of, the judges of the district court of the judicial district of which the county may be a part, not acting in their judicial capacities, to be selected as follows: two members from the membership of the city council; two members from the membership of the county board; and five members at large who shall be landowners and residents of the county, one of whom shall reside outside the limits of the city.
371.10 DUTIES OF COUNTY BOARD.
The board of county commissioners shall meet in July and shall levy a tax for the new county in the manner provided by law for levying taxes for county purposes. The chair shall certify to the auditor of each county affected the amount levied. The county boards of the respective counties to be consolidated shall not levy any tax for county purposes in this year.
373.052 COUNTY OFFICES; CLOSING, EFFECT.
County offices shall be open for public business on all business days except (a) legal holidays, (b) holidays established by the county board pursuant to contract with certified employee bargaining units, and (c) emergency situations. For purposes of this section "business day" means Monday, Tuesday, Wednesday, Thursday and Friday.
The county board shall establish the hours during which county offices shall be open on business days.
The county board by resolution may authorize the closing of a county office on other days as stated in the resolution, if there is an emergency situation, public business is transacted at other reasonable times and places, and the public interest is served. An emergency closing may be retroactively approved by the county board at its next succeeding meeting.
Any act authorized, required, or permitted by law or contract to be performed at or in county buildings, or their offices, which are closed as provided in this section, may be performed on the next succeeding regular business day and no liability or loss of rights on the part of any person shall result from the closing.
381.09 EXPENSES, HOW PAID.
After the filing of the order of confirmation, the expenses of the survey, not exceeding the amount of the assessment, must be paid out of the general revenue fund of the county in the same manner as other claims.
375.06 COMPENSATION FOR COMMITTEE WORK; TRAVEL EXPENSES.
The members of the county boards in counties other than Hennepin, Ramsey, and St. Louis, may be paid a per diem pursuant to section 375.055, subdivision 1, for each day necessarily occupied in the discharge of their official duties while acting on any committee under the direction of the board, and may be paid their actual and necessary traveling expenses in accordance with section 471.665 for travel incurred in the discharge of the committee work. Any committee may be comprised of all of the members of the county board.
The members of the county boards in addition to any compensation authorized for their duties may be allowed and paid their actual and necessary traveling expenses in accordance with section 471.665 for travel incurred in attending meetings of the board. The chair of the county board may receive mileage reimbursement in accordance with section 471.665 for going to the county seat to sign warrants during recess of the county board.
If a county commissioner is authorized to be reimbursed for traveling expenses while performing official duties as a county commissioner or while serving on a board, commission or committee, the reimbursement shall be limited to expenses actually paid or incurred. If authorized to be paid mileage or receive reimbursement for expenses in performing a duty and the commissioner uses a private automobile, the commissioner may be reimbursed for its use at not more than the rate specified for reimbursement in section 471.665 for each mile actually traveled. This subdivision does not supersede any law specifying a maximum mileage or expense allowance for a commissioner or for all commissioners on a county board.
376.09 HOSPITAL AID BY COUNTY WITH LEASED OR NO COUNTY HOSPITAL.
In any county in which there is no county hospital, or a county hospital is leased to a nonprofit or governmental hospital organization pursuant to section 376.06, subdivision 1, or 447.47, the county board may appropriate and pay money from the general fund of the county, for the construction, maintenance, and operation of a private, nonprofit, or public hospital in the county for the treatment of sick, diseased, and injured persons. Admission preference shall always be given to patients who are, in whole or in part, public charges, and are sent to the hospital by the county board.
365A.07 EXPANSION OF BOUNDARIES OF A DISTRICT.
The town board, upon petition, may enlarge any existing subordinate service district under the procedures specified in sections 365A.03 to 365A.06. Only property owners residing in territory to be added to the district shall be eligible to participate in an election, unless at least 25 percent of the property owners residing in the existing district petition to participate, in which case all property owners residing in the proposed enlarged district shall be eligible.
365.09 CHARGES PAID BY TAXES LEVIED UNDER CHAPTER 275.
Taxes to pay for town charges must be levied under chapter 275 on the town's taxable property.
374.09 PROCEDURE IF JUDGES FAIL TO APPOINT.
If the judges of the district court fail to make appointments to the advisory courthouse and city hall building commission within 30 days after the city council and the board of county commissioners decide to proceed with the construction of the courthouse and city hall building, then the advisory courthouse and city hall building commission, consisting of nine members, shall be appointed as follows: four members to be appointed by the city council, two of whom shall be members of the city council; four members to be appointed by the county board, two of whom shall be members of the county board; the ninth member of the commission shall be appointed by a majority vote of the members of the city council and the county board sitting in joint session.
375A.09 HOW TO CHANGE THE NUMBER OF COUNTY BOARD MEMBERS.
Notwithstanding any other provision of law specifying the number of members of the board of county commissioners and except as otherwise provided in sections 375A.01 to 375A.13, any county may alter the number of members on the board of county commissioners in accordance with the provisions of this section. Until the adoption of a modification of the number of the members of the board of county commissioners, each county shall elect the number of county commissioners by the method in effect for that county on July 1, 1973. Any of the modifications may be adopted or abandoned by a county by following the procedures set forth in sections 375A.01 to 375A.13.
Any county may provide that the board of county commissioners shall consist of three, five, seven or nine members.
Every county commissioner shall be a resident of the county and shall be a resident of the district from which nominated and elected.
The county shall be divided into the number of districts from which commissioners are nominated and elected and the population of the county shall be apportioned to the several districts so that each commissioner represents the same number of persons as nearly as may be possible. When the number of commissioners has been changed, the county board shall proceed to redistrict the county accordingly and it shall follow as nearly as possible the times and procedures specified in section 375.025, including determining the two-year and four-year terms first assigned to districts in order to provide as nearly as possible for an equal number of overlapping four-year terms in the future. The resolution redistricting the county shall be adopted not less than 30 days before the first day candidates may file for the office of county commissioner. Commissioners to be elected pursuant to the modification of the county board shall be elected at the general election following the adoption of the modification.
379.09 ORDER OF BOARD.
Petition being granted, the board shall make a formal order to that effect, which shall be filed with the county auditor and thereupon the official name of such town shall be the one so adopted. The auditor shall within 20 days after any such change of name of town transmit by mail to the commissioner of revenue an abstract of all the proceedings and orders of the county commissioners relative to such change of name.
372.10 DUPLICATE PETITIONS CONSOLIDATED.
When two or more petitions are presented to the county auditor substantially at the same time they shall be attached together and constitute one petition.
375B.10 WITHDRAWAL; ELECTION.
Upon receipt of a petition signed by ten percent of the qualified voters within the territory of the subordinate service district requesting the removal of the district, or pursuant to its own resolution, the county board shall make arrangements for the holding of a special election within the boundaries of the service district on a date authorized by section 205.10, subdivision 3a. The question to be submitted and voted upon by the qualified voters within the territory of the district shall be phrased substantially as follows:
"Shall the subordinate service district presently established be removed and the service or services of the county as provided for the service district be discontinued?"
If a majority of those voting on the question favor the removal and discontinuance of the services, the service district shall be removed and the services shall be discontinued upon certification of the vote by the county auditor. The county auditor shall administer the election.
381.10 APPEALS.
Appeals from the order of confirmation may be taken to the district court by any person aggrieved, in the same manner as from the determination of the board in laying out roads. On an appeal the court may inquire into and review all matters relating to the survey or assessment or expenses affecting the party appealing, which are specified in the notice of appeal.
382.01 OFFICERS ELECTED; TERMS.
In every county in this state there shall be elected at the general election in 1918 a county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers shall be four years and shall begin on the first Monday in January next succeeding their election. They shall hold office until their successors are elected and qualified. Each of these offices must be filled by election every four years thereafter, unless an office is consolidated with another county office or made appointive under chapter 375A or other general or special law.
373.053 WAR MEMORIAL BUILDINGS.
Subject to the limitations of this section, a county may construct and maintain in the county a building, including a hospital, to be erected as a memorial to the men and women who have served in the armed forces of the United States during a time when it was at war, if the construction of the building at a sum not to exceed a specified amount is authorized by a vote of the electors of the county in the manner provided by section 375.20. The cost of the building shall not exceed $250,000.
The war memorial building, if not a hospital, shall be under the supervision and control of the county board. The building shall be used as a meeting place for local or county units of any war veterans' organization chartered by the Congress of the United States, and if there is space, for offices of the organizations. The building may also contain the county library and the exhibits of the county historical society and other civic and recreational facilities as determined by the county board. If the memorial is a hospital, it shall be under the control of the county board or a hospital commission to be appointed by the board.
A city in which the construction of a war memorial building or hospital has been authorized, may acquire and convey to the county without compensation a suitable tract of land upon which to construct the building.
To pay the cost of the war memorial building or hospital, the county board, after approval of the project by a vote of the electors of the county, may certify to the county auditor the amount necessary for the construction of the building and the portion of the amount to be levied in each succeeding taxable year, not exceeding five years, until the whole has been raised. The county auditor on receipt of the certification shall levy upon all taxable property in the county a tax in each year certified by the county board sufficient to produce the amount certified. The proceeds of the tax levy shall be deposited in a separate "War Memorial Building Account."
The county board may certify to the county auditor the amount necessary each year for the maintenance and operation of the building or hospital. The county auditor upon receipt of the certification shall levy a tax upon all taxable property in the county sufficient to produce the amount certified. The proceeds of the tax levy shall be credited to the War Memorial Building Account and shall be used only for the maintenance and operation of the war memorial building. Any balance remaining in the account at the end of any year shall be available for the next year, and the amount certified by the county board for the maintenance and operation of the war memorial building or hospital shall be reduced by the amount of the balance.
To carry out the purposes of this section the county board or hospital commission may accept grants or gifts from the federal government or any of its agencies, or from any person.
371.11 COUNTY AUDITORS; LOCAL TAX RATE.
When the tax is levied, the county board shall set a time for a meeting of the auditors of the counties affected and shall certify the date to the county auditors when certifying the levy. The county auditors shall meet at the county seat and, set the local tax rate for the new county, based upon the aggregate net tax capacity of the consolidated counties, at that meeting or any adjournment. Each auditor shall extend the taxes within the county and deliver the appropriate books to the treasurer of the new county for collection on the first Monday in the following January, as provided by law. The officers of the new county shall have all the powers and duties for the collection of delinquent taxes levied by the consolidated counties previously possessed and performed by the officers of the respective counties before the consolidation became effective.
365A.08 FINANCING.
(a) Upon adoption of the next annual budget following the creation of a subordinate service district the town board shall include in the budget appropriate provisions for the operation of the district including either a property tax levied only on property of the users of the service within the boundaries of the district or a levy of a service charge against the users of the service within the district, or a combination of a property tax and a service charge on the users of the service.
(b) A tax or service charge or a combination of them may be imposed to finance a function or service in the district that the town ordinarily provides throughout the town only to the extent that there is an increase in the level of the function or service provided in the service district over that provided throughout the town. In that case, in addition to the townwide tax levy, an amount necessary to pay for the increase in the level of the function or service may be imposed in the district.
At any time after the requirements of section 365A.06 have been met and the subordinate service district created, the town board may issue obligations in an amount it deems necessary to defray in whole or in part the expense incurred and estimated to be incurred in making capital improvements necessary to operate the subordinate service district and provide the special services in the district, including every item of cost from inception to completion and all fees and expenses incurred in connection with the capital improvements or the financing. The obligations are payable primarily out of the proceeds of the taxes and service charges imposed under subdivision 1, net revenues as described in section 444.075, and special assessments under chapter 429. The town board may by resolution pledge the full faith credit and taxing power of the town to ensure payment of the principal and interest on the obligations if the proceeds of the taxes and service charges are insufficient to pay the principal and interest. Obligations must be issued in accordance with chapter 475, except that an election is not required, and the amount of the obligations is not included in determining the net indebtedness of the town under the provisions of any law limiting indebtedness.
In resolutions authorizing the issuance of general or special obligations and pledging taxes and service charges imposed under subdivision 1, net revenues, or special assessments to their payment, the town board may make covenants for the protection of holders of the obligations and taxpayers of the town as it deems necessary, including a covenant that the town will impose and collect charges of the nature authorized by this chapter at the time and in the amounts required to produce, together with any taxes or special assessments designated as a primary source of payment of the obligations, funds adequate to pay all principal and interest when due on the obligations, and to create and maintain reserves securing the payments as may be provided in the resolutions.
375.065 MEETINGS, PAY.
A member of the county board of a county who is paid a salary that is more than 50 percent of the salary of the governor may not be paid any amount, by per diem or otherwise, except as reimbursement for expenses, for attendance at meetings related to the business of any local government unit.
374.10 WHO MAY BE MEMBERS OF COMMISSION.
No more than two members of the advisory courthouse and city hall building commission shall be at any one time members of the county board, and no more than two of the members shall be at any one time members of the city council. If a member of the commission who was not at the time of appointment a member of either the city council or the county board subsequently becomes a member of either body, the person shall cease to be a member of the advisory courthouse and city hall building commission.
Immediately after the appointment of the commission, the persons appointed as members shall indicate their acceptance of their appointment, in writing, filed with the auditor of the county.
If a person appointed as a member of the commission fails to file written acceptance of the appointment within 20 days after the appointment, dies, resigns, or is removed from office, or a member of the commission, appointed from the membership of the city council or the county board, ceases to be a member of the council or board, a successor shall be appointed in the manner and by the same persons that originally appointed the member.
Immediately after the expiration of the 20 days following the appointment of the commission members, or after the filing of acceptance by all those appointed as members, the chair of the county board shall call a meeting of the commission and shall preside at the first meeting. The commission shall select from its own members a chair and other officers it considers necessary.
372.11 ONE PLACE ONLY VOTED FOR.
An election shall not be called or held under this chapter to vote upon the question of changing any county seat to more than one place at the same time and all elections shall be held as far as practicable at the same place as the last preceding general election.
381.11 NOT TO AFFECT LINES FIXED BY AGREEMENT.
Nothing in sections 381.01 to 381.10 shall be construed to authorize the change of any line fixed by agreement of land owners or of any traveled road.
382.02 VACANCIES, HOW FILLED.
Any appointment made to fill a vacancy in any of the offices named in section 382.01 that has not been made appointive under chapter 375A or other general or special law shall be for the balance of such entire term, and be made by the county board.
375B.11 WITHDRAWAL; BY RESOLUTION OF COUNTY BOARD.
The county board may by resolution withdraw a subordinate service district from the provisions of this chapter and discontinue the service provided within the service district. The county board shall cause notice of its intention to withdraw the service district to be published at least once in the official newspaper not more than six months or less than three months before the resolution is adopted. If a joint powers agreement is a part of the subordinate service district arrangement no withdrawal shall be effective under this section unless all parties to the joint powers agreement agree to the withdrawal.
373.06 ACTIONS AGAINST COUNTIES.
No action shall be maintained by any claimant, except the state of Minnesota, against a county upon any claim except county orders, when the only relief demanded is a judgment for money, until the claim has been presented to the board and it has failed to act upon it within the time fixed by law, or the board consents to the institution of the action.
No action shall be brought by any person, except the state of Minnesota, upon any county order until the expiration of 30 days after a demand for payment of it has been made. Any judgment against the county entered in an action brought on an order without a demand is void.
371.12 COUNTY BOARD TO APPOINT NEW OFFICERS.
The county board of the new county shall appoint electors residing within the new county to the county offices before the consolidation becomes effective. The new officers shall qualify on the date that the consolidation becomes effective, as provided by law. All the books, records, and files of the offices of the consolidated counties shall be delivered to the appropriate officers of the new county.
375.07 MEETINGS; QUORUM.
The board shall meet at the county seat for the transaction of business on the first Tuesday after the first Monday in January, and may meet on other days and at other locations within the county it prescribes as necessary for the interests of the county. A majority shall constitute a quorum, and no business shall be done unless voted for by a majority of the whole board, but less than a majority may adjourn. Sessions shall be called by a majority of the board and the clerk shall give at least ten days' notice of them to each of the commissioners.
375A.11 CONSOLIDATION OF DUTIES OF COUNTY OFFICES.
Without restriction of the authority of the county board to assign additional duties to the county auditor, county treasurer, court administrator of the district court and county recorder for which additional compensation may be paid, and provided that the office of county auditor, county treasurer, court administrator of district court, county attorney, sheriff or county recorder may not be consolidated with another elective office listed in this subdivision except pursuant to the provisions of section 375A.10, the county board may consolidate the duties of any two or more county offices and may provide additional compensation for the additional duties. The county board shall effect a consolidation by ordinance and may by this means consolidate any two or more county offices provided that the person holding the consolidated office possesses the qualifications required by law.
If the duties of officers are consolidated pursuant to this section, the county board by ordinance may elect to separate the duties so consolidated and reconsolidate them in any other manner permitted by law or separate the duties without reconsolidation and provide that the duties of each office shall be performed by a separate person, if it deems the change to be in the public interest. When the duties of offices are united and consolidated, the person filling the consolidated offices shall take the oath of each office and give the bond required by the county board for each office and shall discharge all the duties pertaining to each office.
(a) If any of the offices of county auditor, treasurer or county recorder shall become vacant before the expiration of the term for the office, a county board may appoint either of the holders of the other two offices to fill the vacancy for the unexpired term. The board may provide additional compensation for the added duties imposed on the appointee by virtue of holding two offices for that period. If the office of county auditor or treasurer becomes vacant, the county board may initiate a referendum by resolution to consolidate the two offices into one elected office. The referendum shall be conducted according to section 375A.12, subdivisions 4 and 5.
(b) The authority granted by paragraph (a) shall be in addition to the authorities granted by existing law or statute and by the provisions of sections 375A.01 to 375A.13 relating to consolidation and appointment of county offices; the authority granted by this subdivision may be exercised notwithstanding any prohibitions against the holding of two offices that may exist in the laws or statutes of this state.
372.12 FAILURE TO GIVE NOTICE.
Willful failure or refusal by an owner or manager of a newspaper to publish notice required by this chapter shall not affect the sufficiency of the notice, nor invalidate any of the proceedings. Failure to post notice shall be disregarded unless it affirmatively appears that a sufficient number of voters were prevented from voting to change the result.
375B.12 LOCAL LAWS SUPERSEDED.
A special law for a single county, except a metropolitan county as defined in section 473.121, subdivision 4, and any other county containing a city of the first class, which authorizes the county to establish subordinate service districts or areas is hereby superseded. Any service being provided pursuant to the special law on or before the effective date of Laws 1982, chapter 507, sections 1 to 12 may continue to be provided pursuant to the special law.
382.03 TRANSPORTATION FURNISHED.
In any county of this state now or hereafter having a population of 400,000 or over, the county board may provide and maintain, at the expense of the county, transportation facilities for the use of the county surveyor and deputies, the sheriff and deputies, and the members of the county board in and about the performance of the duties of their respective offices; provided, that the total amount which may be expended in any one year for transportation of the members of the county board shall not exceed $3,000; provided, further, that the providing of transportation facilities to members of county boards within the provisions of this section shall include and permit reasonable allowances on a monthly basis to members for the use of their own automobiles in the performance of their official duties notwithstanding the provisions of any law fixing allowances for use of their own automobiles by public officers in the performance of their duties on a mileage basis.
373.07 SUITS AGAINST COUNTIES; SERVICE; JURORS.
Service of summons or other original process in actions against a county shall be made upon the chair of the board or upon the county auditor, either during a session of the board, or within ten days before the day appointed for one. The person served shall immediately notify the county attorney of the service and give the board at its next regular meeting all the information the person has regarding the action. In actions in which the county is a party, its inhabitants, if otherwise qualified, may be jurors.
375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
(a) Except as provided in paragraph (b) or section 375.081, when a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board must fill it by appointment at a regular or special meeting. A person appointed to a vacancy pursuant to this paragraph must give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies.
(b) When a vacancy occurs in the office of sheriff or county attorney less than 84 days before the state primary in the year preceding the end of the term, the county board may fill the vacancy by appointment at a regular or special meeting. A person appointed to fill a vacancy pursuant to this paragraph serves only until the successor is elected. The person elected at the general election to the office for the ensuing term must take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.
(c) When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.
365A.095 PETITION FOR REMOVAL OF DISTRICT; PROCEDURE; REFUND OF SURPLUS.
A petition signed by at least 75 percent of the property owners in the territory of the subordinate service district requesting the removal of the district may be presented to the town board. Within 30 days after the town board receives the petition, the town clerk shall determine the validity of the signatures on the petition. If the requisite number of signatures are certified as valid, the town board must hold a public hearing on the petitioned matter. Within 30 days after the end of the hearing, the town board must decide whether to discontinue the subordinate service district, continue as it is, or take some other action with respect to it.
If the district is removed under subdivision 1, after all outstanding obligations of the district have been paid in full, the town board may vote to refund any surplus tax revenue or service charge, or any part of it, collected from the district under section 365A.08. The refund must be distributed equally to the owners of any property within the discontinued district that were charged the extra tax or service fee during the most recent tax year for which the tax or service fee was imposed. Any surplus not refunded under this section must be transferred to the town's general fund.
371.13 COUNTY BOARD TO PROVIDE COURTHOUSE.
The county board of the new county shall make arrangements for suitable offices for the county officers before the consolidation becomes effective. If the county is not going to succeed to any building or buildings appropriate for this purpose, the board may lease suitable space or buildings.
375A.12 HOW, WHEN TO ADOPT, ABANDON OPTIONS.
Except as otherwise provided in sections 375A.01 to 375A.13 the options provided in sections 375A.01 to 375A.10 shall be adopted in the manner and at the times specified in this section.
Except as provided in section 375A.1205 or by special law, the options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after an affirmative vote of the voters in the county on the question of the adoption of the option. Except as provided in section 375A.01, only one such plan may be submitted at any one election.
Any referendum required to be held as a condition of the adoption of an option may be initiated by a resolution by the county board, a recommendation of a county government study commission or a petition signed by voters equal in number to five percent of the electors voting at the last previous election for the office of governor requesting that a referendum be held on the adoption of one or more of the options provided in sections 375A.01 to 375A.10. If a study commission has been established, a referendum on an option may not be initiated by a resolution of the county board or a petition of voters until after the study commission has completed its study provided for in section 375A.13, subdivision 3.
When a referendum is required to be held, the county auditor shall conduct the referendum following the procedures provided in section 375.20, as far as practicable, and not inconsistent with sections 375A.01 to 375A.10. The referendum may be held at any primary, general or special election held not less than 30 days before the first day on which candidates may file for county office.
In the submission of any proposal pursuant to subdivision 2 the ballot shall be substantially in the following form:
"Shall the office(s) of ....... be appointed rather than elected at the expiration of the(ir) current term(s)?"
Any optional plan or other option provided for in sections 375A.01 to 375A.13 may be abandoned by the same procedures required for the adoption of the optional plan or the option. Except as otherwise provided in sections 375A.01 to 375A.13 any plan or option shall remain in effect until abandoned or another plan or option is adopted, but a plan or option shall remain in effect not less than three years after its adoption before proceedings to abandon may be commenced, except that options consistent with the at-large chair plan and the administrator plan may be adopted at any time after either the at-large chair plan or the administrator plan has been adopted.