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SF 607

as introduced - 88th Legislature (2013 - 2014) Posted on 03/21/2013 01:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to municipalities; authorizing municipalities to establish street
improvement districts and apportion street improvement fees within districts;
requiring adoption of street improvement plan; authorizing collection of fees;
proposing coding for new law in Minnesota Statutes, chapter 435.

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

Section 1.

new text begin [435.39] MUNICIPAL STREET IMPROVEMENT DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Governing body" means the city council of a municipality.
new text end

new text begin (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; connection and
reconnection of utilities; turn lanes; medians; street and alley returns; retaining walls;
fences; lane 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.
new text end

new text begin (d) "Maintenance" means striping, seal coating, crack sealing, pavement repair,
sidewalk maintenance, signal maintenance, street light maintenance, and signage.
new text end

new text begin (e) "Municipal street" means a street, alley, or public way in which the municipality
is the road authority with powers conferred by section 429.021.
new text end

new text begin (f) "Municipality" means a home rule charter or statutory city.
new text end

new text begin (g) "Street improvement district" means a geographic area designated by a
municipality and located within the municipality within which street improvements and
maintenance may be undertaken and financed according to this section.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin A municipality may establish by ordinance municipal
street improvement districts and may defray all or part of the total costs of municipal
street improvements and maintenance by apportioning street improvement fees to all of
the parcels located in the district.
new text end

new text begin Subd. 3. new text end

new text begin Uniformity. new text end

new text begin The total costs of municipal street improvements and
maintenance must be apportioned to all parcels or tracts of land located in the established
street improvement district on a uniform basis within each classification of real estate.
new text end

new text begin Subd. 4. new text end

new text begin Adoption of plan. new text end

new text begin Before establishing a municipal street improvement
district or authorizing a street improvement fee, a municipality must propose and adopt a
street improvement plan that identifies the location of the municipal street improvement
district and identifies and estimates the costs of the proposed improvements during the
proposed period of collection of municipal street improvement fees, which must be for
a period of at least five years and at most 20 years. Notice of a public hearing on the
proposed plan must be given by mail to all affected landowners 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 landowners in attendance must have
the opportunity to comment before the governing body considers adoption of the plan.
new text end

new text begin Subd. 5. new text end

new text begin Citywide districts. new text end

new text begin A municipality that establishes a street improvement
district that encompasses the entire political jurisdiction may adjust the fees annually as
part of the annual budget process, utilizing truth in taxation notices and hearings to satisfy
the notice and hearing requirements in this section. A citywide district may be renewed
annually for an indefinite period.
new text end

new text begin Subd. 6. new text end

new text begin Use of fees. new text end

new text begin Revenues from street improvement fees must be placed in
a separate account and used only for projects located within the district and identified
in the municipal street improvement plan.
new text end

new text begin Subd. 7. new text end

new text begin Collection; up to 20 years. new text end

new text begin (a) An ordinance adopted under this section
must provide for billing and payment of the fee on a monthly, quarterly, or other basis
as directed by the governing body. The governing body may collect municipal street
improvement fees within a street improvement district for a maximum of 20 years.
new text end

new text begin (b) Fees that, as of October 15 of each 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.
new text end

new text begin Subd. 8. new text end

new text begin Notice; hearings. new text end

new text begin A municipality may impose a municipal street
improvement fee by ordinance. The ordinance must not be voted on or adopted until after
a public hearing has been held on the question.
new text end

new text begin Subd. 9. new text end

new text begin Not exclusive means of financing improvements. new text end

new text begin The use of the
municipal street improvement fee by a municipality does not restrict the municipality from
imposing other measures to pay the costs of local street improvements or maintenance,
except that a municipality must not impose special assessments for projects funded with
street improvement fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end