as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am
A bill for an act
relating to municipalities; authorizing the city of Milaca to establish street
improvement districts and apportion street improvement fees within district;
requiring adoption of street improvement plan; authorizing collection of fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, the following terms
have the meanings given them.
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(b) "Governing body" means the Milaca City Council.
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(c) "Improvements" means construction, reconstruction, and facility upgrades
involving: right-of-way acquisition; paving; curbs and gutters; bridges and culverts and
their repair; milling; overlaying; drainage and storm sewers; excavation; base work;
subgrade corrections; street lighting; traffic signals; signage; sidewalks; pavement
markings; boulevard and easement restoration; impact mitigation; reconstruction,
connection, and reconnection of utilities; turn lanes; medians; street and alley returns;
retaining walls; fences; land additions; and fixed transit infrastructure, trails, or pathways.
"Fixed transit infrastructure" does not include commuter rail rolling stock, light rail
vehicles, or transit way buses; capital costs for park-and-ride facilities; feasibility studies,
planning, alternative analyses, environmental studies, engineering, or construction of
transit ways; or operating assistance for transit ways.
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(d) "Maintenance" means striping, seal coating, crack sealing, pavement repair,
bridge and retaining wall repair, sidewalk maintenance, signal maintenance, street light
maintenance, and signage.
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(e) "Municipality" means the city of Milaca.
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(f) "Municipal street" means a street, alley, or public way in which the municipality
has powers conferred by Minnesota Statutes, section 429.021.
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(g) "Street improvement district" means a geographic area designated by the
municipality within which street improvement and maintenance may be undertaken and
financed according to this section.
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The municipality may establish by ordinance
municipal street improvement districts within the municipality's boundaries.
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The municipality may defray all or part of the total costs of
municipal street improvements and maintenance by apportioning street improvement fees
on a uniform basis to all eligible property located in the district.
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Before establishing a municipal street improvement
district or authorizing a street improvement fee, the municipality must propose and adopt a
street improvement plan that identifies and estimates the costs of proposed improvements
and maintenance for the following five years and identifies the location of the municipal
street improvement district. Notice of a public hearing on the proposed plan must be given
by mail to all affected owners of eligible property at least ten days before the hearing and
posted for at least ten days before the hearing. At the public hearing, the governing body
must present the plan and all affected owners of eligible property in attendance must have
the opportunity to comment before the governing body considers adoption of the plan.
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Revenues collected from property in a district from the
fee authorized in this section must be placed in a separate account and be used only
for projects located within that same district and identified in the municipal street
improvement district plans.
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Fees that, as of October 15 of each calendar year, have
remained unpaid for at least 30 days may be certified to the county auditor for collection as
a special assessment payable in the following calendar year against the affected property.
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The municipality may impose a municipal street
improvement fee provided in this section by ordinance. The ordinance must not be voted
on or adopted until after a public hearing has been held on the question.
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The use of the
municipal street improvement fee by the municipality does not restrict the municipality
from imposing other measures to pay the costs of local street improvements or
maintenance, except that the municipality must not impose special assessments for
projects funded with street improvement fees.
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