HF 3832

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:11pm

A bill for an act
relating to taxation; authorizing the Cromwell Wright Area Fire District as a
special taxing district.

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

Section 1. new text begin CROMWELL WRIGHT AREA FIRE DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Agreement. new text end

new text begin The cities of Cromwell and Wright, and one or more of
the towns of Corona, Eagle, Lakeview, Progress, Red Clover, and Beseman in Carlton
County, and the town of Haugen in Aitkin County, may by resolution of their respective
city councils and town boards establish the Cromwell Wright Area Fire District for the
provision of cooperative fire services. Each town may provide that only a described part
of its territory be included within the district. The district shall provide fire protection
services throughout its territory and may exercise all the powers of the city and towns that
relate to fire protection anywhere within its territory. Any other contiguous town or home
rule charter or statutory city may join the district with the agreement of the cities and
towns that comprise the district at the time of its application to join. Action to join the
district may be taken by the city council or town board of the city or town.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin The district shall be governed by a board composed of one member
appointed by the city council or town board of each city and town in the district, whether
partially or wholly. A district board member may, but is not required to be, a member of
a city council or town board. Except as provided in this section, members shall serve
two-year terms ending the first Monday in January and until their successors are appointed
and qualified. Of the members first appointed, as far as possible, the terms of one-half
shall expire on the first Monday in January in the first year following their appointment
and one-half the first Monday in January in the second year. The terms of those initially
appointed shall be determined by lot. If an additional member is added because an
additional city or town joins the district, the member's term shall be fixed so that, as far as
possible, the terms of one-half of all the members expire on the same date.
new text end

new text begin Subd. 3. new text end

new text begin Tax. new text end

new text begin (a) The district may impose a property tax on real property in the
district in an amount sufficient to discharge its operating expenses and debt payable in
each year. The tax shall be disregarded in the calculation of any levies or limits on levies
provided by Minnesota Statutes, chapter 275, or other law. A city or town that joins the
district may not incur expenses or debt for fire protection services for territory included
in the district and may not impose taxes for that purpose. The applicable county auditor
or county auditors shall collect the tax and pay it to the district. The district may impose
other fees or charges as allowed under statute for the provision of fire services provided.
new text end

new text begin (b) The district may also issue certificates of indebtedness subject to debt limits for
the district to purchase capital equipment having an expected useful life at least as long as
the terms of the certificates. The certificates must be payable in not more than five years
and must be issued on the terms and in the manner as the board may determine. Before
issuing certificates in an amount exceeding 0.25 percent of the taxable property of the
district, the board shall publish a resolution indicating its intent to issue the certificates in a
newspaper of general circulation in the district. The certificates may be issued without an
election unless within ten days of the publication a petition signed by the sum of at least ten
percent of the voters in the member towns voting in the last regular town election and ten
percent of the voters of the city voting in the last city general election requesting an election
on their issuance is filed with the board. If a petition is filed, the certificates may not be
issued unless their issuance is approved by a majority of the voters at a general or special
election in which all the residents of the city and member towns are eligible to vote. A tax
levy shall be made against all property in the district to pay the principal and interest on the
certificates, in accordance with Minnesota Statutes, section 475.61, as in the case of bonds.
new text end

new text begin Subd. 4. new text end

new text begin Indebtedness. new text end

new text begin The district may incur debt in the manner provided for a
municipality by Minnesota Statutes, chapter 475, when necessary to accomplish its duties.
new text end

new text begin Subd. 5. new text end

new text begin Withdrawal. new text end

new text begin Notice of intent to withdraw from participation in the district
may be given only in the month of January, with a minimum of 12 months' notice of
intent to withdraw. The district and its members may develop and agree upon certain
continuing obligations after withdrawal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective as to each city or town named in
subdivision 1 upon timely compliance by the city council or town board of supervisors
and the city's or town's chief clerical officer with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end