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Minnesota Legislature

Office of the Revisor of Statutes

SF 2937

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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

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

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

new text begin (f) "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; or fixed transit infrastructure, trails, or pathways.
new text end

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

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin A municipality may, by ordinance, establish 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 and estimates the costs of proposed improvements
and maintenance for the following five years and identifies the location of the municipal
street improvement district. 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 Use of fees. new text end

new text begin Revenues collected from property in a district from the
fee authorized in this section must be placed in a separate account and be used only
for projects located within that same district and identified in the municipal street
improvement district plan.
new text end

new text begin Subd. 6. new text end

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

new text begin The ordinance adopted under this section must
provide for the 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 up to a maximum of 20 years.
Fees that, as of October 15 of each calendar 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. 7. new text end

new text begin Notice; hearings. new text end

new text begin A municipality may impose a municipal street
improvement fee provided in this section 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. 8. 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.
new text end