SF 125

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; authorizing the creation of the Lakeview Cemetery
Association; authorizing a tax levy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LAKEVIEW CEMETERY ASSOCIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Municipalities may create. new text end

new text begin The following municipalities may create
the Lakeview Cemetery Association: the cities of Coleraine, Bovey, Taconite, Marble, and
Calumet, and the towns of Iron Range, Lawrence, Greenway, and Trout Lake.
new text end

new text begin Subd. 2. new text end

new text begin Joint powers agreement. new text end

new text begin The Lakeview Cemetery Association shall be
created both by its enabling legislation and by the execution of a joint powers agreement
by and between the municipalities in subdivision 1. A municipality listed in subdivision 1
may choose to not participate in the association.
new text end

new text begin Subd. 3. new text end

new text begin Operation; tax. new text end

new text begin The operation of the Lakeview Cemetery Association
shall be by a board created pursuant to the joint powers agreement. The board may
levy a tax against the properties situated in the cities and towns listed in subdivision 1
that approve this act and are parties to the joint powers agreement. The property in the
territory of the Lakeview Cemetery Association is subject to the tax permitted by this
section by the agreement of the governing body of the city or town board of the town in
which it is located. The agreement must be made by resolution of the governing body or
town board or by the joint powers agreement under Minnesota Statutes, section 471.59.
If levied, the tax is in addition to all other taxes on the property subject to it, including
taxes permitted to be levied for cemetery purposes by the city or town. The levy under
this section must be disregarded in the calculation of all other rate or per capita tax levy
limitations imposed by law. The tax shall be collected by the Itasca County auditor and
treasurer and paid directly to the Lakeview Cemetery Association.
new text end

new text begin Subd. 4. new text end

new text begin Withdrawal. new text end

new text begin A city or town may withdraw its agreement to future taxes
by notice to the Lakeview Cemetery Association Board and the county auditor, unless
provided otherwise by a joint powers agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for any of the following cities
or towns the day after compliance by the governing body of that city or town with
Minnesota Statutes, section 645.021, subdivision 3: Coleraine, Bovey, Taconite, Marble,
and Calumet, and the towns of Iron Range, Lawrence, Greenway, and Trout Lake.
new text end