SF 692

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:16am

A bill for an act
relating to local government; modifying the Cloquet Area Fire and Ambulance
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.

The district board may impose a property tax on taxable property deleted text begin as
provided in this subdivision deleted text end 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
0.048 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

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.

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.

The district may incur debt in the manner provided for
a municipality deleted text begin by Minnesota Statutes, chapter 475, when necessary to accomplish its duties. deleted text end new text begin ,
as defined in Minnesota Statutes, sections 475.51, subdivision 2, and 475.521, subdivision
1, paragraph (c), under Minnesota Statutes, chapter 475, and may issue certificates of
indebtedness or capital notes in the manner provided for a city under Minnesota Statutes,
section 412.301, when necessary to accomplish its duties. The debt service for debt, the
proceeds of which financed capital costs for ambulance service, shall be levied against
taxable property within those municipalities in the primary service area. The debt service
for debt, the proceeds of which financed capital costs for fire service, shall be levied against
taxable property within those 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

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 levied by the district on taxable
property located in a withdrawing municipality to make debt service payments for obligations
issued by the district pursuant to subdivision 4 shall remain in effect until the obligations
outstanding on the date of withdrawal are satisfied, including any property tax levied in
connection with a refunding of such obligations. new text end The district and its members may develop
and agree upon new text begin other new text end continuing obligations after withdrawal of a municipality.