HF 2571

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:14pm

A bill for an act
relating to local government; amending laws relating to the Cloquet Area Fire
and Ambulance Special Taxing District; amending Laws 2009, chapter 88, article
2, section 46, subdivisions 1, as amended, 2, 3, as amended, 4, 5.

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

Section 1.

Laws 2009, chapter 88, article 2, section 46, subdivision 1, as amended by
Laws 2013, chapter 143, article 4, section 36, is amended to read:

Subdivision 1.

Agreement.

The city of Cloquet and Perch Lake Township, by
resolution of each of their governing bodies, may establish the Cloquet Area Fire and
Ambulance new text begin Special new text end Taxing District for the purpose of providing fire or ambulance
services, or both, throughout the district. In this section, "municipality" means home rule
charter and statutory cities, towns, and Indian tribes. The district may exercise all the
powers relating to fire and ambulance services of the municipalities that receive fire or
ambulance services, or both, from the district. Upon application, any other municipality
may join the district with the agreement of the municipalities that comprise the district at
the time of its application to join.

Sec. 2.

Laws 2009, chapter 88, article 2, section 46, subdivision 2, is amended to read:

Subd. 2.

Board.

The Cloquet Area Fire and Ambulance new text begin Special new text end Taxing District
Board is governed by a board made up initially of one or more elected officials of the
governing body of each participating municipality in the proportions set out in the
establishing resolution, subject to change as provided in the district's charter, if any, or
in the district's bylaws. Each municipality's representatives serve at the pleasure of that
municipality's governing body.

Sec. 3.

Laws 2009, chapter 88, article 2, section 46, subdivision 3, as amended by
Laws 2013, chapter 143, article 4, section 37, is amended to read:

Subd. 3.

Tax.

new text begin (a) new text end The district board may impose a property tax on taxable property
as provided in this subdivision new text begin to pay the costs of providing fire or ambulance services,
or both, throughout the district new text end . The board shall annually determine the total amount of
the levy that is attributable to the cost of providing fire services and the cost of providing
ambulance services within the primary service area. For those municipalities that only
receive ambulance services, the costs for the provision of ambulance services shall
be levied against taxable property within those municipalities at a rate necessary not to
exceed deleted text begin 0.019 deleted text end new text begin 0.40 new text end percent of the estimated market value. For those municipalities that
receive both fire and ambulance services, the tax shall be imposed at a rate that does not
exceed 0.2835 percent of estimated market value. new text begin A property tax levied by the district to
make debt service payments for obligations issued by the district pursuant to subdivision 4
shall not be included when calculating the tax levy limits imposed in this subdivision.
new text end

new text begin (b) new text end When a member municipality opts to receive fire service from the district or
an additional municipality becomes a member of the district, the cost of providing fire
services to that community shall be determined by the board and added to the maximum
levy amount.

new text begin (c) new text end Each county auditor of a county that contains a municipality subject to the tax
under this section must collect the tax and pay it to the Fire and Ambulance Special Taxing
District. The district may also impose other fees or charges as allowed by law for the
provision of fire and ambulance services.

Sec. 4.

Laws 2009, chapter 88, article 2, section 46, subdivision 4, is amended to read:

Subd. 4.

Public indebtedness.

new text begin (a) new text end The district may incur debt in the manner
provided for a municipality by Minnesota Statutes, chapter 475, new text begin and may issue certificates
of indebtedness or capital notes in the manner provided for a city by Minnesota Statutes,
section 412.301, new text end when necessary to accomplish its duties. new text begin The debt service for debt used to
finance capital costs for ambulance service shall be levied against taxable property within
the municipalities in the primary service area. The debt service for debt used to finance
capital costs for fire service shall be levied against taxable property within municipalities
receiving fire services. The district board shall pledge its full faith and credit and taxing
power without limitation as to rate or amount for the payment of the district's debt.
new text end

new text begin (b) For purposes of this subdivision, "municipality" has the definition given in
Minnesota Statutes, sections 475.51, subdivision 2, and 475.521, subdivision 1, paragraph
(c).
new text end

Sec. 5.

Laws 2009, chapter 88, article 2, section 46, subdivision 5, is amended to read:

Subd. 5.

Withdrawal.

Notice of intent to withdraw from participation in the district
may be given only in the month of January, with a minimum of twelve months notice of
intent to withdraw. Withdrawal becomes effective for taxes levied new text begin pursuant to subdivision
3 new text end in the year when the notice is given. new text begin A property tax on taxable property located in a
withdrawing municipality that has been levied by the district pursuant to subdivision 4
remains in effect until the obligations outstanding on the date of withdrawal are satisfied,
including any property tax levied in connection with refunding such obligations. new text end The
district and its members may new text begin also new text end develop and agree upon new text begin other new text end continuing obligations
after withdrawal of a municipality.