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07-10-23-SWS
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07-10-23-SWS
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Chief Boehlke <br />April 5, 2023 <br />Page 2 <br /> <br /> <br />2. What will the Fire Department need to do to become part of the new Fire District? <br /> <br />An initial overview of the steps to transition from the Fire Department to the Fire District <br />follows: <br /> <br />a. Each municipal partner must approve a resolution and an agreement concerning the <br />Fire District, as outlined in Joe Kelly’s December 27, 2021, memo and pursuant to <br />Minn. Stat. § 144F.01. <br /> <br />b. The municipal resolution or agreement must specify that the Lake Johanna <br />Firefighters Relief Association pension plan is associated with the Fire District. § <br />144F.01, Subd. 2(c). <br /> <br />c. The Fire District must file the establishing resolution and required agreements (and <br />any amendments) with the Minnesota Department of Revenue. <br /> <br />d. Bylaws of the Fire District should be prepared for execution upon formation of the <br />Fire District. <br /> <br />e. I anticipate that the Fire Department will dissolve, following this process: <br /> <br />a. Prepare resolutions of Fire Department board and members approving the <br />dissolution of the Fire Department and transfer of all its assets to the Fire <br />District. <br /> <br />b. Prepare notice of meeting of Fire Department members stating that a purpose <br />of the meeting is to consider dissolving the corporation. <br /> <br />c. Hold meetings of board and members. <br /> <br />d. Proceed with dissolution (Minn. Stat. § 317A.701(a)(2)): <br /> <br />i. Prepare and file Notice of Intent to Dissolve with Secretary of State. <br /> <br />ii. Submit Notice of Intent to Dissolve required by Minn. Stat. § <br />317A.811 with Attorney General. <br /> <br />iii. Commence winding up process (§§ 317A.725 and 317A.735). <br /> <br />1. Collect any debts owed to the Fire Department. <br /> <br />2. Pay or make arrangements to pay debts, liabilities, and <br />obligations of the Fire Department. <br />
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