.................... moves to amend H.F. No. 1501 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Laws 2003, chapter 127, article 9, section 9, is amended by adding a
subdivision to read:
1.5 Subd. 7. Clarification, no election required for local bonds for district disposal
1.6system. Notwithstanding Minnesota Statutes, section 475.58, or any other law to the
1.7contrary, approval by the electors is not required for either the Central Lakes Region
1.8Sanitary District, or its local government units located in whole or in part in the district, to
1.9issue obligations to fund any costs associated with the district disposal system, including
1.10but not limited to the planning, administration, operation, maintenance, acquisition,
1.11betterment, and debt service of the system.
Sec. 2. Laws 2003, chapter 127, article 9, section 9, is amended by adding a
subdivision to read:
1.14 Subd. 8. Special charges authorized. In order to pay, finance, and enforce
1.15collection of costs allocated to it by the district for the planning, administration, operation,
1.16maintenance, acquisition, betterment, and debt service of the district disposal system, the
1.17governing body of a local government unit may fix special charges with respect to the area
1.18of the government unit located in the district or on the entire net tax capacity of all taxable
1.19property of the government unit, or some combination of the two:
1.20(1) by reference to the zoning classification of property being charged;
1.21(2) by reference to the quantity, pollution qualities and difficulty of disposal of
1.23(3) based on the cost of providing planning, administration, operation, maintenance,
1.24acquisition, betterment and debt service on a per parcel basis; or
1.25(4) on any other equitable basis.
2.1The authority in this subdivision is in addition to that in other provisions of this
2.2article and the governing body of a local government unit may by resolution adopted
2.3by a majority vote of the governing body employ any combination of tax levy, special
2.4assessment, or charges to pay its allocated costs. The amounts levied or fixed to be
2.5collected by any authorized means must be designed to approximate the actual allocated
2.6costs, and may not greatly exceed the actual allocated costs, together with costs of
2.7financing and collection. Any unpaid special charge may be certified to the Douglas
2.8County auditor by the township clerk, specifying the amount thereof, the parcel number of
2.9the property being charged, the interest rate, and the number of equal installments. The
2.10amount so certified shall be spread upon the tax rolls against each listed parcel in the same
2.11manner as other taxes, and collected by the county auditor and paid to the government
2.12unit along with other taxes or as a special assessment against the property, as provided
2.13in Minnesota Statutes, section 429.101. Nothing in this statute shall be construed in any
2.14way to interfere with the authority of the governing body of the local governmental unit
2.15to employ said special charges.
Sec. 3. Laws 2003, chapter 127, article 9, section 9, is amended by adding a
subdivision to read:
2.18 Subd. 9. Town board may levy. For the purposes of section 9, "governing body"
2.19for a town means the town board of supervisors.
Sec. 4. CENTRAL LAKES REGION SANITARY DISTRICT; DISSOLUTION.
2.21 Subdivision 1. Application. Sections 4 and 5 apply to the Central Lakes Region
2.22Sanitary District established under Laws 2003, chapter 127, article 9, as amended. The
2.23definitions contained in Laws 2003, chapter 127, article 9, as amended, apply to this
2.24section and section 5.
2.25 Subd. 2. Resolution of intent to dissolve; publication; cessation of business. In
2.26order to begin the process of dissolution, the board must adopt a resolution of intent to
2.27dissolve the district by a vote of two-thirds of the board. At a minimum, the resolution
2.28must provide a statement of facts and circumstances justifying the dissolution and a plan
2.29for concluding the district's affairs. The board must publish the resolution of intent
2.30to dissolve in at least one newspaper of general circulation within the district once per
2.31week for two successive weeks after adoption of the resolution. The board must provide
2.32a copy of the resolution of intent to dissolve to each property owner in the district. The
2.33publication and mailing must be evidenced by affidavits. After adoption of the resolution,
2.34publication and mailing of notices, the district must cease business except as necessary
2.35to conclude the district's affairs.
3.1 Subd. 3. Revocation of dissolution. The board may revoke the resolution to
3.2dissolve the district and stop dissolution proceedings if three or more of the townships
3.3originally included in the district each submit a petition of the town board of supervisors
3.4to the sanitary sewer board to stop dissolution proceedings. District officials must
3.5proceed with dissolution until the dissolution proceedings are revoked or the resolution of
3.6dissolution is filed with the secretary of state.
Sec. 5. CENTRAL LAKES REGION SANITARY SEWER BOARD;
3.8RESOLUTION OF DISSOLUTION; DISPOSITION OF ASSETS AND CLAIMS.
3.9 Subdivision 1. Winding up of district. After a resolution of intent to dissolve has
3.10been adopted and notice provided as required under section 4, the board shall proceed as
3.11soon as possible with the actions required in this section.
3.12 Subd. 2. Collection, payment. The board shall proceed as soon as possible to:
3.13(1) collect or make provision for the collection of all known debts, including
3.14unallocated costs due or owing to the district;
3.15(2) pay or make provision for the payment of all known debts, obligations, and
3.16liabilities of the district according to their priorities; and
3.17(3) give notice to creditors and claimants of the district's intent to dissolve as
3.18provided in subdivision 5.
3.19 Subd. 3. Valuation, disposition of assets. The board (1) shall identify all assets
3.20and property of the district whether tangible or intangible, real or personal, and establish,
3.21where possible, a value of the assets and property, and (2) may sell, lease, transfer, or
3.22otherwise dispose of all or substantially all of the property and assets of the district.
3.23Disposition of assets may be made either to pay all or portions of debts or obligations or to
3.24preserve the interest of a local unit of government in the asset.
3.25 Subd. 4. Distribution. All tangible or intangible property, including money,
3.26remaining after the discharge of, or after making adequate provision for the discharge of,
3.27the debts, obligations, and liabilities of the district must be distributed to the townships on
3.28an equitable basis established by the board.
3.29 Subd. 5. Notice to creditors and claimants. The district shall give notice of
3.30the resolution to each creditor of and claimant against the district known or unknown,
3.31present or future, and contingent or noncontingent. Notice to creditors and claimants
3.32must be given by publishing the notice once each week for four successive weeks in a
3.33legal newspaper of Douglas County and by giving written notice to known creditors
3.34and claimants. The notice must contain:
3.35(1) a statement that the district is in the process of dissolving;
4.1(2) a statement that the district has properly adopted and noticed a resolution of
4.2intent to dissolve;
4.3(3) a statement identifying the location at which a copy of the executed resolution of
4.4intent to dissolve may be inspected;
4.5(4) the address of the office to which written claims against the district must be
4.7(5) the date by which all the claims must be received, which is the later of 60 days
4.8after published notice or, with respect to a particular known creditor or claimant, 60 days
4.9after the date on which written notice was given to that creditor or claimant. Published
4.10notice is deemed given on the date of first publication for the purpose of determining
4.12 Subd. 6. Claims. (a) The district has 40 days from the receipt of each claim to
4.13accept or reject the claim by giving written notice to the person submitting it. A claim
4.14not expressly rejected in this manner is deemed accepted. Claims must contain sufficient
4.15detail for the district to determine the nature, amount, and validity of the claim. The
4.16district may, within the 40 days from receipt of each claim, request additional information
4.17from the claimant regarding the claim. A request for additional information shall restart
4.18the timeline for submission, acceptance, or rejection.
4.19(b) A creditor or claimant whose claim is rejected by the district has 60 days from
4.20the date of rejection to pursue any other remedies with respect to the claim.
4.21(c) A creditor or claimant who fails to file a claim on or before the date set forth in
4.22the notice is barred from suing on that claim or otherwise realizing upon or enforcing it
4.23against the district or any participating township.
4.24(d) A creditor or claimant whose claim is rejected by the district under paragraph
4.25(b) is barred from suing on that claim or otherwise realizing upon or enforcing it, if the
4.26creditor or claimant does not initiate legal, administrative, or arbitration proceedings with
4.27respect to the claim within the time provided in paragraph (b).
4.28 Subd. 7. Resolution of dissolution; when filed; contents; effective date. (a) The
4.29resolution of dissolution must be adopted by a vote of at least two-thirds of the members
4.30of the board. The resolution must be filed with the secretary of state after: (1) the 60-day
4.31period for submission of claims after notice has expired and the payment of claims of all
4.32creditors and claimants filing a claim within that period has been made or provided for; or
4.33(2) the period for bringing action on rejected claims has expired and there are no pending
4.34judicial, administrative, or arbitration proceedings by or against the district commenced
4.35within the time provided.
4.36(b) The resolution of dissolution must state, at a minimum:
5.1(1) the last date on which the notice was given and:
5.2(i) that the payment of all creditors and claimants filing a claim within the 60-day
5.3period has been made or provided for; or
5.4(ii) the period for bringing action on rejected claims, has expired;
5.5(2) that the remaining property, assets, and claims of the district have been distributed
5.6to the townships, prorata, based upon the tax capacity of each township's territory within
5.7the district, or that adequate provision has been made for that distribution; and
5.8(3) that there are no pending legal, administrative, or arbitration proceedings by or
5.9against the district commenced within the time provided or that adequate provision has
5.10been made for the satisfaction of any judgment, order, or decree that may be entered
5.11against it in a pending proceeding.
5.12(c) When the resolution of dissolution has been filed with the secretary of state,
5.13the district is dissolved.
Sec. 6. EFFECTIVE DATE.
5.15This act applies to the townships of Brandon, Carlos, LaGrand, Leaf Valley, Miltona,
5.16and Moe, all in Douglas County. This act is effective the day after all of the townships
5.17listed have completed local approval as provided in Minnesota Statutes, section 645.021,
5.18subdivisions 2 and 3.
Delete the title and insert:
relating to the Central Lakes Region Sanitary District; exempting certain bonds
from elector approval; authorizing special charges; authorizing dissolution of
the district;amending Laws 2003, chapter 127, article 9, section 9, by adding