HF 2298

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am

A bill for an act
relating to local government; providing for additional financing of parks, trails,
and recreational facilities for local units of government by special assessments;
proposing coding for new law in Minnesota Statutes, chapter 448.

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

Section 1.

new text begin [448.58] PARKS, TRAILS, AND RECREATIONAL FACILITIES;
FINANCING OPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms in this subdivision apply to this section.
new text end

new text begin (b) "Facilities" means parks, playgrounds, walking or biking trails, and recreational
complexes, including sporting fields, including but not limited to, softball, baseball,
soccer, football, ice hockey, and tennis courts.
new text end

new text begin (c) "Fund" means a dedicated account in which revenues raised under this section
are kept separate from all other governmental unit funds.
new text end

new text begin (d) "Governing body" means the city council, town board, or county board.
new text end

new text begin (e) "Governmental unit" means a home rule charter or statutory city, town, or county.
new text end

new text begin (f) "Plan" means an adopted plan for the facilities by the governmental unit.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin A governmental unit may build, construct, reconstruct,
repair, enlarge, improve, or in any manner obtain facilities, and maintain and operate those
facilities both inside and outside the corporate limits. It may acquire by gift, purchase,
lease, condemnation, or otherwise any and all land, easements, and improvements required
for that purpose. This authority is in addition to all other powers with reference to facilities
otherwise granted by law or by charter of the governmental unit. The authority must
be exercised only under a parks and trails plan adopted by the governmental unit. The
governmental unit has the authority to manage both the plan and the facilities acquired or
developed under provisions of this section.
new text end

new text begin Subd. 3. new text end

new text begin Financing. new text end

new text begin To pay the cost of building, constructing, reconstructing,
repairing, enlarging, improving, or in any manner obtaining the facility or any portion of it
and of obtaining and complying with any permits required by law, the governmental unit
may levy a special assessment to pay the cost of the facility. The proceeds of the special
assessment must be kept in a dedicated account and used only to pay for such facilities
allowed in the adopted plan. The assessment may be assessed equally on all property or
assessed proportionally against the value of the property.
new text end

new text begin Subd. 4. new text end

new text begin Collection of assessment. new text end

new text begin On or before October 15 of each year, the
governmental unit shall certify to the county auditor any and all anticipated expenditures
under the adopted plan for the next year, minus any unspent funds from the previous
year. The amount certified must be collected and enforced in the manner provided for the
collection and enforcement of a special assessment against the property within the area
governed by the governmental unit.
new text end

new text begin Subd. 5. new text end

new text begin Local options. new text end

new text begin To establish the fund, the governmental unit must either
adopt the plan by ordinance after a public hearing on the plan or submit the plan to a vote
by the registered voters within the governmental unit, with the plan being made available
to the public. If the plan is submitted to the voters, a majority of those voting must vote in
the affirmative to adopt the plan. The vote may be for a continuous assessment for the
term of the plan or for a specific time frame shorter than the full term of the plan.
new text end

new text begin Subd. 6. new text end

new text begin Excess net revenues. new text end

new text begin If at the end of a fiscal year there are excess
revenues, the excess revenues must be deducted from the next year's special assessment.
If there are no other assessments required for the plan, excess revenues may be kept
within the fund for maintenance of facilities already developed or pledged to any future
plan that may be developed and adopted.
new text end

new text begin Subd. 7. new text end

new text begin Other revenue sources. new text end

new text begin This section does not preclude the governing unit
from using other financing instead of or in addition to the powers authorized in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable
in 2010, and thereafter.
new text end