HF 2304

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

A bill for an act
relating to the city of New Brighton; authorizing the
city to establish a special district for water safety
on Long Lake.

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

Section 1. new text begin NEW BRIGHTON SPECIAL DISTRICT; WATER SAFETY ON
LONG LAKE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin As used in sections 1 to
8, the terms defined in this section have the meanings given
them.
new text end

new text begin Subd. 2. new text end

new text begin City. new text end

new text begin "City" means the city of New Brighton.
new text end

new text begin Subd. 3. new text end

new text begin Special services. new text end

new text begin "Special services" has the
meaning given in the city's ordinance for the purpose of
providing public safety on Long Lake. The services include, but
are not limited to, the personnel and operational costs
associated with maintaining safe boating and other water
activities on the lake, including the purchase or rental of
necessary equipment for the personnel.
new text end

new text begin Subd. 4. new text end

new text begin Special district. new text end

new text begin "Special district" means the
Long Lake Water Safety District, which is an area within the
city defined by city ordinance where special services are
rendered and the costs of the special services are paid
primarily from revenues collected from service charges imposed
within that area.
new text end

Sec. 2. new text begin ESTABLISHMENT OF SPECIAL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Ordinance. new text end

new text begin The governing body of New
Brighton may adopt an ordinance establishing a special
district. All taxable property included within the boundaries
of the special district are subject to the charges imposed by
the city on the special district. The ordinance shall describe
with particularity the area within the city to be included in
the district, the special services to be furnished in the
district, and the estimated service charge on each parcel. The
ordinance shall state if the service charge is an annual charge
and the maximum number of years that it may be imposed.
new text end

new text begin The ordinance may not be adopted until after a public
hearing has been held. Notice of the hearing must include the
time and place of hearing, a map showing the boundaries of the
proposed district, and a statement that all persons owning
property in the proposed district that would be subject to a
service charge will be given opportunity to be heard at the
hearing. Within 30 days after adoption of the ordinance under
this subdivision, the governing body shall send a copy of the
ordinance to the commissioner of revenue.
new text end

new text begin Subd. 2. new text end

new text begin Notice; hearing. new text end

new text begin Notice of the hearing must be
given by publication in at least one issue of the official
newspaper of the city. The hearing must be held at least three
days after the last publication. Not less than ten days before
the hearing, notice must also be mailed to the owner of each
parcel within the area proposed to be included in the district.
For the purpose of giving mailed notice, owners are those shown
on the records of the county auditor. Other records may be used
to supply the necessary information. At the public hearing a
person affected by the proposed district may testify on any
issues relevant to the proposed district. The hearing may be
adjourned from time to time and the ordinance establishing the
district may be adopted at any time within six months after the
date of the conclusion of the hearing by a vote of the majority
of the governing body of the city.
new text end

new text begin An ordinance imposing a service charge for more than one
year must not be adopted unless the notice includes a statement
that the service charge is an annual charge and the maximum
number of years that the service charge may be imposed.
new text end

new text begin Subd. 3. new text end

new text begin Charges; relationship to services. new text end

new text begin The city is
authorized to impose service charges under this section on all
taxable property in the special district. If imposed, the
charges shall be imposed on any equitable basis that the
governing body deems reasonable. Service charges imposed by the
city within the special district must not exceed the amount
sufficient to produce the revenues required to provide for the
special services in the district.
new text end

new text begin Subd. 4. new text end

new text begin Benefit; objection. new text end

new text begin Before the ordinance is
adopted or at the hearing at which it is to be adopted, any
affected landowner may file a written objection with the city
manager asserting that the landowner's property should not be
included in the district or should not be subjected to a service
charge and the basis for why the property should be excluded.
The governing body shall make a determination on the objection
within 30 days of its filing. Pending its determination, the
governing body may delay adoption of the ordinance or it may
adopt the ordinance with a reservation that the landowner's
property may be excluded from the district or district service
charges when the determination is made.
new text end

Sec. 3. new text begin COLLECTION OF SERVICE CHARGES; LIMITS.
new text end

new text begin (a) Service charges must be imposed only upon the taxable
property located in the geographic area described in the
ordinance. Service charges imposed must be collected as
provided by the ordinance. Service charges may be payable and
collected at the same time and in the same manner as provided
for payment and collection of ad valorem taxes. When made
payable in the same manner as ad valorem taxes, service charges
not paid on or before the applicable due date shall be subject
to the same penalty and interest as in the case of ad valorem
tax amounts not paid by the respective due date. The due date
for a service charge payable in the same manner as ad valorem
taxes is the due date given in law for the real or personal
property tax for the property on which the service charge is
imposed. Service charges which are to become payable in the
following year must be certified to the county auditor by the
date provided in section 429.061, subdivision 3, for the annual
certification of special assessment installments.
new text end

new text begin (b) Service charges imposed under this section are not
included in the city's calculation of levies or limits on levies
imposed under law or charter.
new text end

Sec. 4. new text begin ADVISORY BOARD.
new text end

new text begin The governing body of the city may create and appoint an
advisory board for the special service district established
under this chapter in the city to advise the governing body in
connection with the operation of the special services in the
district. The advisory board shall make recommendations to the
governing body on the requests and complaints of owners,
occupants, and users of property within the district and members
of the public. Before the adoption of any proposal by the
governing body to provide services or impose service charges
within the district, the advisory board of the district shall
have an opportunity to review and comment upon the proposal.
new text end

Sec. 5. new text begin PETITION REQUIRED.
new text end

new text begin No action may be taken under section 2 unless owners of at
least 51 percent of the total number of residential parcels that
would be subject to the service charges in the proposed special
service district file a petition with the city manager
requesting the city to establish the special district and impose
the service charge for the special services. The petition may
include the maximum number of years that the service charge may
be imposed.
new text end

Sec. 6. new text begin VETO POWER OF OWNERS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of right to file objections. new text end

new text begin The
effective date of any ordinance adopted under section 2 must be
at least 45 days after it is adopted. Within five days after
adoption of the ordinance, a summary of the ordinance must be
mailed to the owner of each taxable parcel included in the
special district. The mailing must include a notice that owners
subject to the service charge have a right to veto the ordinance
by filing the required number of objections with the city
manager before the effective date of the ordinance and that a
copy of the ordinance is on file with the city manager for
public inspection.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for veto. new text end

new text begin If owners of at least 51
percent of the total number of residential parcels in the
district subject to the service charge file an objection to the
ordinance adopted by the city under section 2 with the city
manager before the effective date of the ordinance, the
ordinance does not become effective. In the event of a veto, no
district shall be established during the current calendar year
and until a petition meeting the requirements in section 5 has
been filed in a subsequent year.
new text end

Sec. 7. new text begin VETO POWER IN SUBSEQUENT YEARS.
new text end

new text begin In any subsequent years that the service charge is
authorized to be imposed, if owners of at least 51 percent of
the total number of residential parcels in the district subject
to the service charge file an objection to the ordinance adopted
by the city, and file it with the city manager by September 1,
the district will be abolished beginning in the year following
the year in which the petition is filed. If the petition is
filed after September 1, the district will be abolished
beginning in the second year following the year in which the
petition is filed.
new text end

Sec. 8. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin Sections 1 to 7 are effective the day after the governing
body of the city of New Brighton and its chief clerical officer
comply with Minnesota Statutes, section 645.021, subdivisions 2
and 3.
new text end