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<br />§ 412.321
<br />
<br />cmES, METROPOUTAN AREAs
<br />
<br />STATUTORY C
<br />
<br />establishment of a public utilities commission in the city, shall make all
<br />neces~ry rules and regulations for the protection, maintenance, operation,
<br />extension, and improvement thereof and for the sale of its utility products.
<br />
<br />Subd. 2. Vote on eatabUshment. No ¡as, light, power, or heat utility
<br />shall be constructed, purchased, or leased until the proposal to do so has been
<br />submitted to the voters at a regular or special election and been approved by
<br />five-eighths of those voting on the proposition. Such proposal shall state
<br />whether the public utility is to be constructed, purchased, or leased and the
<br />estimated cost or the maximum amount to be expended for that purpose.
<br />This proposal and a proposal to issue bonds to raise money therefor may be
<br />submitted either separately or as a single question. The proposal for the
<br />acquisition of the public utility may include authority for distribution only or
<br />for generation or production and distribution of a particular utility service or
<br />group of services. Approval of the voters shall be obtained under this section
<br />before a city purchasing gas or electricity wholesale and distributing it to
<br />consumers acquires facilities for the manufa.cture of gas or generation of
<br />electricity unless the voters have, within the two previous years, approved a
<br />proposal for both generation or production and distribution.
<br />
<br />Subd. 3. Extension bond Umitadons. Any city may, except as otherwise
<br />restricted by this section, extend any such public utility outside its limits and
<br />furnish service to consumers in such area at $uch rates and upon such terms
<br />as the council or utility commission, if there is one, shall determine; but no
<br />such extension shall be made into any incorporated municipality without its
<br />consent. The sale of electricity, other than surplus, outside the limits of the
<br />city shall be subject to the restriction of section 455.29.
<br />
<br />Subd. 4; Lease, sale, or abandonment. Any such utility may be leased,
<br />sold, or its operation discontinued wholly or in part, by ordinance or reso¡u~
<br />tion of the council, approved by two·thlrds of the electors voting on the
<br />ordinance or resolution at-.a general or special election. If the utility is under
<br />the jurisdiction of a public utilities commission, the ordinance or resolution
<br />shan be concurred in by the public utilities commission. Such action may be
<br />taken with respect to any specific part of the utility, which part shall be
<br />named in the ordinance or resolution; but it shall not be necessary to submit
<br />the ordinance or resolution to the voters in such case if the action proposed
<br />will not result in depriving any customer inside the corporate limits of any
<br />type of municipal utility service available before the sale, lease or discontin-
<br />uance of operation.
<br />Laws 1949. c. 119, §§ 39 to 42, eff. July I, 1949. Amended by Laws 1955, c. 266, § t;
<br />Laws 1961, c. 275, § 1; Laws 1973, c. 123, art. 2, § 1; Laws 1981, c. 334, § 2, eft May
<br />30, 1981~ Laws 1986, c. 444.
<br />
<br />The 1981 amend¡
<br />operate a district !
<br />
<br />Acquisition of utilit
<br />District heating loa
<br />
<br />Municipal Corpor
<br />C,J.s. MunjcipaJ (
<br />
<br />See, WESTLAW g
<br />
<br />Authority of munlc
<br />CoUectlon of aecou
<br />Construction with (
<br />Contracts 7
<br />Electlol1/ 4
<br />Electricity 8
<br />Franchises 3
<br />GJUI 10
<br />Lease, we or aban.
<br />LocIttlon of plant
<br />Ratea 13
<br />Repairs and mainte
<br />U.er. outBlde munl,
<br />Water and water WI
<br />
<br />1. Construction wi
<br />This section and f
<br />repeal the provisior
<br />dealing with the pub
<br />the Village of Keew
<br />lion or effect. Op.A
<br />1957.
<br />
<br />Historical Note
<br />
<br />The 1955 amendment added to subd. 2 the such public urilíty shall be constructed, pur-
<br />requirement of approval by a majority of those chased, or leased until the proposal to do so
<br />voting on the proposition in the case of water- has been submitted to the voters at a regular or
<br />works special election and been approved by a major-
<br />. ity of those voting on the proposition in the
<br />The 1961 amendment rewrote the first sen- case of waterworks and by five-eighths of those
<br />tence in subd, 2, which prior thereto read: "No voting on the proposition in other cases."
<br />216
<br />
<br />1. Authority of mu
<br />
<br />Section 123,36 VeSt
<br />thority to provide for
<br />in school buildings d,
<br />with powers and aut)
<br />perated municipalitit
<br />and police powers w
<br />vested to control ent)
<br />systems within the
<br />Blaine v. Indt':pendf
<br />Anoka County. 196
<br />N.W.2d 32.
<br />
<br />Transaction betwe,
<br />trict and defendant \-
<br />tjes commission purs
<br />was suppHed to scbot
<br />tiff vllJage by utility
<br />tage Without consent
<br />cd s~atutes relating I
<br />m.~Ullcipalities and w,
<br />wIthstanding establisl
<br />
<br />
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