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1998 Minnesota Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagmn0038 and id is 1 raw text is: EDUCATION: INDEPENDENT SCHOOL DISTRICT: BOND ELECTION: RE'VIEW ND COMMENT. Schoo. board which receives oetiton by voters to hold mneciad -ICtion1 to authorize issuance oj bonds for school facilir must suomit project for review and comment. A community recreationai facility as described by school district is subject to review and comment procedures. Unless the review and comment is negative. school board must call the special election petitioned by voters. Minn. Stat. § 121.148 (1996). 121.15 (Supp. 1997). 205A.05 (Supp. 1997). Affirmaive vote in bond election does not compel board to issue bonds. Op. Arty. Gen. 159-a-3. May 25. 1970. March 11, 1998 John M. Roszak. Esq. I 59-a-3 Jay T. Squires, Esq. (Cr. Ref. to 159-b-1. 622-a-I and 622-b) Ratwik, Roszak, Maloney, P.A. 300 Peavey Bldg. 730 Second Ave. South Minneapolis, MN 55402 Dear Messrs. Roszak and Squires: In your letter to Attomev General Hubert H. Humphrey III you present substantially the following: FACTS In October of 1997. Independent School District No. 197 (West St. Paul- Mendota Heights-Eagan) was presented with a petition signed by voters of the School District. The petition requests the Board of Education to authorize and hold a special election for the school district in accordance with applicable and current Minnesota State Statutes. The petition goes on to state: The Special Election ballot will pose question(s) to District voters authorizing the sale of bonds to finance the design, construction and equipping of a multi-purpose activity center to be located at the Henry Sibley High School campus. The activity center could house facilities to serve all District resident and youth programs. Previously. the School District had created a community task force to study various proposals. including proposals that contemplated the erection of a community activity center in the District. In September of 1996. the School Board determined. based on cost considerations and the availability of existing space. that plans to erect a community facility were not feasible. As a resuit of receiving the petition for the special election. the administration of the School District has attempted to determine the cost of architectural and design fees to comply with Minn. Stat. 121.148 -e. if the District is required to do so prior to conducting an election oursuant :o the petition. Although the matter is not without some uncertaintv. the District has been advised that it co= 20st approximately S20.000 to £:.~~~~ 00 o U':tes