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Mason's Minnesota Statutes (1927 Thru 1931)

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Mason's Minnesota Statutes (1927 Thru 1931) Nineteen Hundred Thirty-One Supplement to Mason's Minnesota Statutes (1927 thru 1931) Containing the text of the acts of the 1929 and 1931 Sessions of the Legislature, both new and amendatory, and notes showing repeals, together with annotations from the various courts, state and federal, construing the constitution, statutes, charters and court rules of Minnesota ^^ Edited by WILLIAM H. MASON, Editor-in-Chief W. H. MASON, JR., Assistant Editor CITER-DIGEST CO. ST. PAUL, MINNESOTA 1931 §1002 CH. 8—TOWNS AND TOWN OFFICERS CHAPTER 8 Towns and Town Officers POWERS—DUTIES—LIABILITIES to which the dissolved territory is added. Upon the adoption of such resolution by the §1002. Powers ol town meetings. county board such town shall be dissolved Includes interstate bridges. Op. Atty. Gen., and no longer entitled to exercise any of the Apr. 11, 1929. powers or functions of an organized town. Subd. 3. Provided that the county auditor shall give A taxpayer instituting suit on behalf of a ten days' notice by one publication in the town to recover illegal payments has no legal' paper in which the proceedings of the county claim for attorneys' fees and expenses unless board are published of the meeting of the the town had previously authorized the action. county board at which such petition will be Op. Atty. Gen., July 29, 1930. considered. (Act Mar. 27, 1931, c. 96, §1.) Town may not employ attorney to appear in proceedings to enforce payment of delinquent real estate taxes, wherein taxpayers are seeking §1002-10. Copy of resolution to be filed to have valuations reduced. Op. Atty. Gen., Oct. 1, 1930. with the Secretary of State.—A certified copy of the resolution of the county-board declar­ Sulid. G. ing such town to be dissolved shall forthwith The town voters may appropriate money for construction of roads, but they cannot designate be forwarded by the county auditor to the the particular road on which the money is to be secretary of state, who shall on receipt there­ spent, that being for the determination of the of make appropriate entry in the records of town board. Op. Atty. Gen., March 7, 1930. his office of the dissolution of such town. Subd. 8. (Act Mar. 27, 1931, c. 96, §2.) This subdivision authorizes the sale of a town hall. Op. Atty. Gen., Oct. 24, 1929. §1002-11. Disposition of funds.—Any Subd. I). funds belonging to said town remaining in or A leasehold interest in the land is sufficient thereafter coming into the county treasury of title to support the designation of a site for a the county in which such town was located town hall. Op. Atty. Gen., May 29, 1930. shall be disposed of in the following manner: On the termination of such tenancy the des­ ignation fails and a new site may be selected Any road or bridge fund shall be expended upon a majority vote.—Id. by the county board of such county for road Two-thirds majority of the votes cast at a and bridge improvements wholly within the meeting are sufficient, and it is immaterial limits of such town; any other funds of such whether the vote is to change the town hall site when it is already in the geographical center town shall, by the county auditor of such of the township.—Jd. county, be used to pay all outstanding bonds, A majority of two-thirds of the votes present warrants or judgments against said town. If at a meeting is cast where there are not less the funds'so remaining are not sufficient to than twice as many votes in the affirmative as there are in the negative. Op. Atty. Gen., June pay such outstanding bonds, warrants or 7, 1930. judgments, then upon petition of the holders This subdivision and §§1031, 1032, 104G set thereof, the county auditor shall spread a tax forth the conditions and procedure for change levy against the taxable property of said town of a town hall site. Op. Atty. Gen., Oct. 24, 1929. in an amount sufficient to pay the same, Special election may be called on same day as general election to vote on question of pur­ which levy, however, shall not exceed the chasing a site for a town hall. Op. Atty. Gen., maximum amount which the town would Oct. 15, 1930. have been authorized to levy for the purpose of paying such indebtedness if it had not been §1002-1. Dissolution of township govern­ dissolved. If such levy shall not be sufficient ment grounds for. to pay off such bonds, warrants or judgments Laws 1929, c. 345, provides for discontinuance the county auditor shall spread successive of towns in counties with area of over 750,000 acres. a.nd population of not more than 8,500, annual levies in the maximum amount which and having not' more than 10 organized towns. the town would have been able to levy for such purpose if it had not been dissolved §1002-9. Dissolution of townships.—When­ until such warrants, bonds or judgments are ever the electors of any town, at the annual paid in full, unless bonds are issued therefor meeting or at a special meeting called for as hereinafter provided. (Act Mar. 27, 1931, that purpose, shall have voted, by ballot to c. 96, §3.) dissolve the town organization hereunder and the town board thereof shall adopt a resolu­ §1002-12. Payment of indebtedness.—In tion setting forth such facts and asking for the event that the outstanding bonds, war­ the dissolution of the town, and a copy of rants and judgments shall exceed the maxi­ such resolution, duly certified by the town mum amount which may be raised by one clerk, shall be presented to the board of coun­ year's levy as provided for herein, the county ty commissioners of the county in which such board may issue funding or refunding bonds town is located, such board of county com­ in the manner provided by law for the issu­ missioners may, by resolution, dissolve such ance of county funding or refunding bonds town and attach the territory formerly em­ to take up* such warrants, judgments or braced therein to the adjoining town or bonds. Provided, that any bonds so issued towns, or provide for the government of such shall not be an obligation of the county but territory as 'unorganized territory of the shall be an obligation of the territory for­ county. If such dissolved territory is added merly included in such town, and shall be to an adjoining town the proposal therefor payable out of levies made against the prop­ shall first have the approval of a five-eighths erty in such territory as herein provided, and majority of the voting electors of such town such restriction shall be printed upon the 60 CH. 8—TOWNS AND TOWN OFFICERS §1049 face of such bonds. Except as herein other­ §1031. Special meetings. wise provided such bonds shall be issued pur­ Separation of township from village cannot suant to the provisions of Laws 1927, Chap­ be considered at a meeting called under this ter 131, [§§1938-3 to 1938-13] and the tax section, but must be determined at an annual levy required by Laws 1927, Chapter 131, meeting under §1099. Op. Atty. Gen., June 3, 1930. Section 5, [§1938-7] shall be made against There is no limit to the number of special the property of the territory formerly in­ meetings that may be called to consider a given cluded in such town at the time of the issu­ proposition. Op. Atty. Gen., June 7, 1930. ance of such bonds. (Act Mar. 27, 1931, c. The question of providing fire protection, pur­ chasing fire apparatus, and determining the .96, §4.) amount of money^to be raised, may be consid­ ered only at an annual town meeting, and not §1002-13. Property to revert to county.— at a special meeting. Op. Atty. Gen., Mar. 18, Any property, real or personal, of such town 1931. which is needed for county purposes shall be­ Where a village is organized and town su­ pervisors residing within the proposed village come the property of the county, but the rea­ resign, it is discretionary with tne town board sonable value thereof, as determined by the as to whether the vacancies should be filled by county board, shall be credited to such town appointment or by calling a special town meet­ and used for the purpose of pacing off out­ ing. Op. Atty. Gen., May 19, 1931. Electors may increase levy for town road and standing bonds, warrants or judgments as bridge purposes at a special meeting duly herein provided. Any other property of such called. Op. Atty. Gen., June 10, 1931. town shall become the property of the county without any allowance being made therefor. §1033. How organized. Any surplus funds of said town, after all ob­ Annual meeting cannot be held between 8:00 ligations have been paid as herein provided, and 9:00 o'clock A. M. Op. Atty. Gen., Feb. 18, shall be credited to the general fund of the 1929. county. (Act Mar. 27, 1931, c. 96, §5.) §1038. Polls opened and closed. §1006. Taxes in certain towns. Op. Atty. Gen., Feb. 18, 1929; note under §1033. Levy for general town purposes in towns §1043. Manner of canvassing. having less than $100,000 valuation is limited to $250. notwithstanding' salaries of supervisors ex­ Where two candidates at a town election re­ ceed that amount. Op. Atty. Gen., Nov. 21, 1929. ceived the same number of votes, and a drawing was had.
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