[Winona Online Democracy]
Below are statutes that apply to the way the County can fund the
needed work on the Court House. Rep. Gene Pelowski
Minn. Stat. sec. 373.40 or sec. 375.18, subd. 4, applies.
Section 373.40 provides that a county may issue bonds to pay for
certain capital improvements (including a county courthouse) without
an election on the issue if the capital improvement is in an approved
capital improvement plan and the bond issue is approved by a 3/5 vote
of the county board. The county board must publish a notice of its
intention to issue the bonds and hold a public hearing to get public
comments on the proposal. An election must still be held if a
petition requesting a vote is signed by voters equal to five percent
of the votes cast in the county in the last general election and
filed with the county auditor within 30 days of the public hearing
(i.e, reverse referendum).
Sec. 373.40, subd. 4, limits how much debt can be outstanding under
this section. Principal and interest due in any year on all
outstanding debt issued under this section, including new bonds to be
issued, must be less than 0.05367 percent of taxable market value of
property in the county.
According to the Assoc. of Mn Counties, this is the law that most
counties use for capital improvements.
If section 373.40 does not apply - there is no approved capital
improvement plan or the debt limit would be exceeded - then a
proposal to issue debt to pay for a new courthouse would be subject
to a referendum vote as provided in section 375.18. Section 375.18
says "No indebtedness shall be created for a courthouse in excess of
an amount equal to a levy of 0.04030 percent of taxable market value
without the approval of a majority of the voters of the county voting
on the question of issuing the obligation at an election."
Another possibility, although I would think it is unlikely, is in
Minn. Stat. sec. 373.25. This law allows a county to levy for its
county building fund. The building fund may be used "to acquire,
construct, reconstruct, maintain and repair buildings used in the
administration of county affairs and to acquire lands necessary for
those purposes." This section would require the county to accumulate
funds over a period of time to pay cash for the building (which is
why it is unlikely), but it would not require a vote.
The last provision (that the Assoc. of Mn Counties mentioned to me)
which might apply is when a county is building jointly with the city
that is the county seat. Minn. Stat. secs. 374.25 to 374.38. I
believe that under this scenario, there would have to be a vote to
approve a bond issue.
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