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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 301-H.F.No. 315 
           An act relating to local government; removing the 
          restriction on the number of mills certain towns may 
          levy to provide fire protection for special fire 
          protection districts; authorizing the city of Carlton 
          to issue general obligation bonds to finance the 
          acquisition and betterment of a new fire hall and 
          permitting participation by other local government 
          units; granting the city of Roseville and the city of 
          White Bear Lake located in Ramsey county the powers of 
          a port authority; permitting the establishment of 
          special service districts in the cities of Sartell, 
          Sauk Rapids, St. Cloud, Isle, Mora, Becker, and Waite 
          Park; amending Minnesota Statutes 1984, sections 
          161.14, subdivision 6; and 368.85, subdivision 6.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 161.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [VETERANS' EVERGREEN MEMORIAL DRIVE.] (a) That 
portion of road No. 185, known as trunk highway No. 23 in St. 
Louis, Pine and Carlton Counties, is hereby named and designated 
"Veterans' Evergreen Memorial Drive" in memory of World War 
veterans of St. Louis, Pine, and Carlton counties. 
    (b) The commissioner shall install a bronze plaque with an 
inscription to read, "In grateful memory of all men and women 
from Carlton, Pine, and St. Louis Counties who served in World 
War I, World War II, Korea, Vietnam, and all future conflicts. 
    Sec. 2.  Minnesota Statutes 1984, section 368.85, 
subdivision 6, is amended to read:  
    Subd. 6.  [TAX LEVY.] It shall thereafter be the duty of 
The town board shall annually to thereafter levy a tax in such 
an amount as may be necessary but not exceeding one and 
two-thirds mills on the dollar of the assessed valuation of all 
property located within such the special fire protection 
district to be used for the purpose of providing provide fire 
protection for such special fire protection the district, but 
this limit shall not apply to a special fire protection district 
abutting a city of the first or second class, or for the payment 
of a deficit from a prior fire contract.  Such The tax, with a 
certified copy of the resolution establishing the district, 
shall be certified by the town board to the county auditor who 
shall thereupon spread the authorized tax against the property 
located within such special fire protection the district, and.  
The same tax shall be collected as other taxes. 
    Sec. 3.  [ROSEVILLE; PORT AUTHORITY.] 
    The governing body of the city of Roseville may exercise 
all the powers of a port authority provided by Minnesota 
Statutes, chapter 458. 
    Sec. 4.  [WHITE BEAR LAKE; PORT AUTHORITY.] 
    The governing body of the city of White Bear Lake may 
exercise all the powers of a port authority provided by 
Minnesota Statutes, chapter 458.  
    Sec. 5.  [DIVISIONS.] 
    Subdivision 1.  For the purpose of this act the terms 
defined in this section have the following meanings. 
    Subd. 2.  "City" means the cities of Sartell, Sauk Rapids, 
St. Cloud, Isle, Mora, Becker and Waite Park. 
    Subd. 3.  "Special services" means all services rendered or 
contracted for by the city, including, but not limited to: 
    (a) the repair, maintenance, operation, and construction of 
any improvements authorized by Minnesota Statutes, section 
429.021; 
    (b) parking services rendered or contracted for by the 
city; and 
    (c) any other service provided to the public by the city 
that is authorized by law or charter provision. 
Special services do not include any service that is ordinarily 
provided throughout the city from general fund revenues of the 
city unless an increased level of the service is provided in the 
special service district. 
    Subd. 4.  "Special service district" means a defined area 
within the city where special services are rendered and the 
costs of the special services are paid from revenues collected 
from taxes and service charges imposed within that area. 
    Subd. 5.  "Assessed value" means the assessed value as most 
recently certified by the commissioner of revenue before the 
effective date of the ordinance or resolution adopted pursuant 
to section 6 or 7. 
    Subd. 6.  "Land area" means the land area in the district 
which is subject to property taxation. 
    Sec. 6.  [ESTABLISHMENT OF SPECIAL SERVICE DISTRICT.] 
    Subdivision 1.  [ORDINANCE.] The governing body of the city 
may adopt an ordinance establishing a special service district. 
Only property which is zoned for commercial, business, or 
industrial use under a municipal zoning ordinance may be 
included in a district.  The ordinance shall describe with 
particularity the area within the city to be included in the 
district and the special services to be furnished in the 
district.  The ordinance may not be adopted until after a public 
hearing has been held on the question.  Notice of the hearing 
shall include: 
    (a) the time and place of hearing; 
    (b) a map showing the boundaries of the proposed district; 
and 
    (c) a statement that all persons owning property in the 
proposed district will be given opportunity to be heard at the 
hearing. 
     Subd. 2.  [NOTICE.] Notice of the hearing shall be given by 
publication in two issues of the official newspaper of the 
city.  The two publications shall be a week apart and the 
hearing shall be held at least three days after the last 
publication.  Not less than ten days before the hearing, notice 
shall 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 shall be those shown on the records 
of the county auditor.  Other records may be used to supply the 
necessary information.  For properties which are tax exempt or 
subject to taxation on a gross earnings basis in lieu of 
property tax and are not listed on the records of the county 
auditor, the owners shall be ascertained by any practicable 
means and mailed notice given them.  At the public hearing any 
person affected by the proposed district may be heard orally in 
respect to 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. 
    Sec. 7.  [TAXING AUTHORITY; NOTICE AND HEARING 
REQUIREMENTS.] 
    Subdivision 1.  [TAXES; HEARING.] Ad valorem taxes may be 
levied on taxable nonhomestead property or service charges may 
be imposed by the city within the special service district at a 
rate or amount sufficient to produce the revenues required to 
provide special services within the district.  To determine the 
appropriate mill rate, nonhomestead taxable property or value 
shall be determined without regard to captured or original 
assessed value under Minnesota Statutes, section 273.76 or to 
the distribution or contribution value under Minnesota Statutes, 
section 473F.08.  Taxes and service charges shall not be imposed 
to finance a special service if the service is ordinarily 
provided by the city from its general fund revenues unless the 
service is provided in the district at an increased level, in 
which case only an amount to pay for the increased level may be 
imposed.  A service charge shall not be imposed on the receipts 
from the sale of intoxicating liquor, food, or lodging.  Before 
the levy of taxes or imposition of service charges in a 
district, for each calendar year, notice shall be given and 
hearing shall be held pursuant to section 6 and notice shall 
also be mailed to any individual or business organization 
subject to a service charge.  For purposes of this section the 
notice shall also include: 
    (a) A statement that all interested persons will be given 
an opportunity to be heard at the hearing regarding a proposed 
tax levy or service charge. 
    (b) The estimated cost of improvements to be paid for in 
whole or in part by taxes or service charges imposed pursuant to 
this section, the estimated cost of operating and maintaining 
the improvements during the first year after completion of the 
improvements, the proposed method and source of financing the 
improvements and the annual cost of operating and maintaining 
the improvements. 
    (c) The proposed rate or amount of taxes to be extended or 
the proposed service charge to be imposed in the district during 
the calendar year and the nature and character of special 
services to be rendered in the district during the calendar year.
    (d) A statement that the petition requirements of section 
12 have either been met or do not apply to the proposed taxes or 
service charge. 
    Within six months of the public hearing, the city may adopt 
a resolution levying a tax or imposing a service charge within 
the district not exceeding the amount or rate expressed in the 
notice issued pursuant to this section. 
    Subd. 2.  [EXEMPTION OF CERTAIN PROPERTIES FROM 
TAXES.] Property exempted from taxation by Minnesota Statutes, 
section 272.02, is exempt from any ad valorem taxes imposed 
pursuant to this act. 
    Subd. 3.  [LEVY LIMIT EXEMPTION.] Taxes and service charges 
imposed pursuant to this act shall not be included in the 
calculation of levies or limits on levies provided by other law 
or home rule charter provision. 
    Subd. 4.  [EXCLUSION FROM HOMESTEAD CREDIT.] Taxes levied 
under this section shall not be reduced pursuant to Minnesota 
Statutes, section 273.13, subdivision 6, 7, 7d, or 14a. 
    Sec. 8.  [ENLARGEMENT OF SPECIAL SERVICE DISTRICTS.] 
    Boundaries of a special service district may be enlarged 
only after hearing and notice as provided in sections 6 and 7. 
Notice shall be served in the original district and in the area 
proposed to be added to the district.  Property added to the 
district shall be subject to all taxes levied and service 
charges imposed within the district after the property becomes a 
part of the district.  The petition requirement in section 12 
and the veto power in section 13 shall only apply to owners, 
individuals, and business organizations in the area proposed to 
be added to the district. 
    Sec. 9.  [COLLECTION OF TAXES.] 
    Ad valorem taxes levied within a special service district 
shall be collected and paid over as other ad valorem taxes, but 
shall be spread only upon the assessed value of property 
described in the ordinance.  Service charges imposed shall be 
collected as provided by ordinance.  Taxes collected pursuant to 
this act shall not be included in computations under Minnesota 
Statutes, section 273.76, chapter 473F, or any other law that 
applies to general ad valorem levies. 
    Sec. 10.  [BONDS.] 
    At any time after a contract for the construction of all or 
part of an improvement authorized pursuant to this act has been 
entered into or the work has been ordered done by day labor, the 
governing body of the city may issue obligations, including 
certificates of indebtedness, in the amount it deems necessary 
to defray in whole or in part the expense incurred and estimated 
to be incurred in making the improvement, including every item 
of cost from inception to completion and all fees and expenses 
incurred in connection with the improvement or the financing.  
The obligations shall be payable primarily out of the proceeds 
of the tax levied pursuant to section 7, or from any other 
special assessment or nontax revenues available to be pledged 
for their payment under charter or other statutory authority, or 
from any two or more of such sources.  The governing body may, 
by resolution adopted prior to the sale of obligations, pledge 
the full faith, credit, and taxing power of the municipality to 
assure payment of the principal and interest if the proceeds of 
the tax levy in the district are insufficient to pay the 
principal and interest.  The amount of any taxes that are 
required to be levied outside of the territory of the special 
services district or taken from the general funds of the 
municipality to pay principal and interest on the obligations 
shall be reimbursed to the municipality from taxes levied within 
the special services district.  The obligations shall be issued 
in accordance with Minnesota Statutes, chapter 475, except that 
an election shall not be required, and the amount of the 
obligations shall not be included in determining the net debt of 
the city under the provisions of any law or charter limiting 
debt. 
    Sec. 11.  [ADVISORY BOARD.] 
    The governing body of the city may create and appoint an 
advisory board for each special service district in the city to 
advise the governing body in connection with the construction, 
maintenance, and operation of improvements, and the furnishing 
of special services in a 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 
taxes or service charges within the district, the advisory board 
of the district shall have an opportunity to review and comment 
upon the proposal. 
    Sec. 12.  [PETITION REQUIRED.] 
    No action may be taken pursuant to section 6 unless owners 
of 15 percent or more of the land area of the proposed special 
service district and owners of 15 percent or more of the 
assessed value of the proposed district file a petition 
requesting a public hearing on the proposed action with the city 
clerk.  No action may be taken pursuant to section 7 to impose 
an ad valorem tax unless owners of 15 percent or more of the 
land area subject to a proposed tax and owners of 15 percent or 
more of the assessed value subject to a proposed tax file a 
petition requesting a public hearing on the proposed action with 
the city clerk.  No action may be taken pursuant to section 7 to 
impose a service charge unless 15 percent or more of the 
individual or business organizations subject to the proposed 
service charge file a petition requesting a public hearing on 
the proposed action with the city clerk.  If the boundaries of a 
proposed district are changed or the land area or assessed value 
subject to a tax or the individuals or business organizations 
subject to a service charge are changed after the public 
hearing, a petition meeting the requirements of this section 
must be filed with the city clerk before the ordinance 
establishing the district or resolution imposing the tax or 
service charge may become effective. 
    Sec. 13.  [VETO POWER OF OWNERS.] 
    Subdivision 1.  [NOTICE OF RIGHT TO FILE 
OBJECTIONS.] Except as provided in section 14, the effective 
date of any ordinance or resolution adopted pursuant to sections 
6 and 7 shall be at least 45 days after it is adopted.  Within 
five days after adoption of the ordinance or resolution, a copy 
of the ordinance or resolution shall be mailed to the owner of 
each parcel included in the special service district and any 
individual or business organization subject to a service charge 
in the same manner that notice is mailed pursuant to section 6. 
The mailing shall include a notice that owners subject to a tax 
and individuals and business organizations subject to a service 
charge have a right to veto the ordinance or resolution by 
filing the required number of objections with the city clerk 
before the effective date of the ordinance or resolution. 
    Subd. 2.  [REQUIREMENT FOR VETO.] If owners of 35 percent 
of the land area in the district or owners of 35 percent of the 
assessed value in the district file an objection to the 
ordinance adopted by the city pursuant to section 6 with the 
city clerk before the effective date of the ordinance, the 
ordinance shall not become effective.  If owners of 35 percent 
of the land area subject to a tax or owners of 35 percent of the 
assessed value subject to a tax file an objection to the 
resolution adopted levying an ad valorem tax pursuant to section 
7 with the city clerk before the effective date of the 
resolution, the resolution shall not become effective.  If 35 
percent of individuals and business organizations subject to a 
service charge file an objection to the resolution adopted 
imposing a service charge pursuant to section 7 with the city 
clerk before the effective date of the resolution, the 
resolution shall not become effective. 
    Sec. 14.  [EXCLUSION FROM PETITION REQUIREMENTS AND VETO 
POWER.] 
    The petition requirement of section 12 and the right of 
owners and those subject to a service charge to veto a 
resolution in section 13 do not apply to second or subsequent 
years' applications of a tax or service charge which is 
authorized to be in effect for more than one year pursuant to a 
resolution which has met the petition requirements of section 12 
and which has not been vetoed under section 13 for the first 
year's application.  A resolution levying a tax or imposing a 
service charge for more than one year shall not be adopted 
unless the notice of public hearing required by section 7 and 
the notice mailed with the adopted resolution pursuant to 
section 13 include the following information: 
    (a) In the case of improvements, the maximum rate or amount 
of taxes to be levied or the maximum service charge to be 
imposed in any year and the maximum number of years the taxes 
will be levied or service charges imposed to pay for the 
improvement. 
    (b) In the case of operating and maintenance services, the 
maximum rate or amount of taxes to be levied or the maximum 
service charge to be imposed in any year and the maximum number 
of years, or a statement that the tax will be imposed for an 
indefinite number of years, the taxes will be levied or service 
charges imposed to pay for operation and maintenance services. 
    The resolution may provide that the maximum amount of tax 
to be levied or maximum service charge to be imposed in any year 
will increase or decrease from the maximum amount authorized in 
the preceding year based on an indicator of increased cost or a 
percentage amount established by the resolution. 
    Sec. 15.  [LOCAL APPROVAL.] 
    Section 3 is effective for the city of Roseville the day 
after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the governing body of the city of Roseville. 
    Section 4 is effective for the city of White Bear Lake the 
day after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the governing body of the city of White Bear 
Lake. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 5 to 14 are effective the day following final 
enactment. 
    Approved June 5, 1985