HF 495

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; authorizing cities to
impose street utility fee; proposing coding for new
law in Minnesota Statutes, chapter 160.

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

Section 1.

new text begin [160.95] STREET UTILITY FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this
section, the following terms have the meanings given them:
new text end

new text begin (a) "City" means a home rule charter or statutory city.
new text end

new text begin (b) "Reconstruction" includes paving, grading, curbs and
gutters, bridge repair, overlays, drainage, base work, subgrade
corrections, and boulevard restoration.
new text end

new text begin (c) "Facility upgrade" refers to traffic signals, turn
lanes, medians, street approaches, alleys, rights-of-way,
sidewalks, retaining walls, fence installation, and additional
traffic lanes.
new text end

new text begin (d) "Maintenance" means striping, seal coating, crack
sealing, sidewalk maintenance, signal maintenance, street light
maintenance, and signage.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin A city may impose a street
utility fee as provided in this section against land located
within its boundaries.
new text end

new text begin Subd. 3. new text end

new text begin Procedures for adoption. new text end

new text begin A city may impose a
street utility fee by ordinance adopted by a two-thirds vote of
its governing body. The ordinance may not be voted on or
adopted until after a public hearing has been held on the
question. A notice of the time, place, and purpose of the
hearing must be published at least once in each week for two
successive weeks in the official newspaper of the city, or in a
newspaper of general content and circulation within the city,
and the last notice must be published at least seven days before
the hearing. The city must file the ordinance of record, if
adopted, with the county recorder and provide a copy to the
county auditor.
new text end

new text begin Subd. 4. new text end

new text begin Collection. new text end

new text begin An ordinance adopted under this
section must provide for the billing and payment of the fee on a
monthly, quarterly, or other basis. Fees that as of October 15
of each calendar year have remained unpaid for at least 30 days
must be certified to the county auditor for collection as a
special assessment payable in the following calendar year
against the affected property.
new text end

new text begin Subd. 5. new text end

new text begin Master plan requirement. new text end

new text begin A city may not impose
the fee provided in this section unless it has prepared and
adopted a master plan that includes information on the proposed
reconstruction, facility upgrade, and maintenance for the
following five years. A capital improvement plan, public
facility plan, or comparable information qualifies as a master
plan. The master plan must include information on the proposed
funding sources for all projects required to be included in the
plan. The master plan must be adopted by the governing body
following a hearing and publication of notice of the hearing, as
provided in subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Use of proceeds. new text end

new text begin Revenues from the fee
authorized in this section may only be used for specific
projects listed in the master plan. The city may not accumulate
revenues from the fee beyond the estimated costs for
reconstructions, facility upgrades, and maintenance that are
described in the master plan.
new text end

new text begin Subd. 7. new text end

new text begin Trip-generation data. new text end

new text begin The fee imposed must be
calculated based on the relationship of the revenues the city
proposes to generate and a trip-generation rate for each type of
land use based on the most current edition of the Institute of
Traffic Engineers Trip Generation Manual.
new text end

new text begin Subd. 8. new text end

new text begin Appeals. new text end

new text begin A property owner may administratively
appeal the amount of the fee or the trip-generation rate to the
governing body within 60 days after notice of the amount of fee
due has been mailed to the property owner. The appeal must be
in writing, signed, and dated by the property owner, and must
state the reasons why the amount of the fee or the
trip-generation rate is incorrect. The decision of the
governing body may be appealed to the tax court in the same
manner as appeals of determinations regarding property tax
matters provided for in chapter 271. If the governing body does
not make a decision within six months after the filing of an
administrative appeal, the property owner may elect to appeal to
the Tax Court. The appeal procedures in this subdivision are in
lieu of any appeal procedures relating to special assessments
provided for in chapter 429.
new text end

new text begin Subd. 9. new text end

new text begin Special assessments; bonds; property tax
levies. new text end

new text begin The use of the street utility fee by a city does not
restrict the city from imposing other measures to pay the costs
of local street reconstruction, facility upgrades, or
maintenance, such as levying special assessments, issuing bond
debt, or levying property taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fees
payable in 2005 and thereafter.
new text end