Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 207-H.F.No. 1540 
           An act relating to local government; regulating storm 
          sewer improvements in Plymouth and Golden Valley; 
          amending Laws 1979, chapter 303, article 10, section 
          15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1979, chapter 303, article 10, section 15, 
is amended to read: 
    Sec. 15.  [CITIES OF GOLDEN VALLEY AND PLYMOUTH; STORM 
SEWER RESERVE FUND.] Subdivision 1.  [CAPITAL IMPROVEMENT 
PROGRAM.] The governing body of the city of Plymouth and the 
governing body of the city of Golden Valley may by resolution 
after notice and hearing adopt and annually amend a capital 
improvement program for a storm sewer tax district established 
under Minnesota Statutes, Section 444.17.  The capital 
improvement program shall set forth the storm sewer improvement 
projects to be constructed, a schedule of construction with a 
termination date not exceeding seven years from its adoption, 
the estimated cost of the improvements, and the proposed methods 
of financing the program.  The capital improvement program may 
provide for the construction of various improvement projects at 
different locations within the district at different times, but 
the program shall provide for the reasonable storm drainage of 
all lands within the district. 
    Subd. 2.  [RESERVE FUND; TAXES.] After the adoption of a 
capital improvement program for a storm sewer tax district, each 
municipality may by ordinance after notice and hearing establish 
a storm sewer reserve fund for the district and may annually 
levy a tax not exceeding one mill on all the taxable property in 
the district for the support of the fund in an aggregate amount 
equal to the actual or estimated cost, whichever is less, of the 
improvement projects identified in the capital improvement 
program for the district.  The proceeds of the tax shall be paid 
into the storm sewer reserve fund for the district and used for 
no other purpose than to pay capital costs of improvement 
projects therein including principal and interest on obligations 
issued pursuant to Minnesota Statutes, Section 444.19.  A tax 
levied in accordance with this subdivision is a levy for the 
payment of principal and interest on bonded indebtedness within 
the meaning of Minnesota Statutes, Section 275.50, Subdivision 
5, Clause (e). 
    Subd. 3.  [TERMINATION OF TAX.] If a no contract for one or 
more of the an improvement projects project identified in the 
capital improvement program or an amendment to it has not been 
entered into by the municipality within one year during two 
years after the date of the adoption of the capital improvement 
program or its latest amendment and there is no project in 
construction and not completed, the tax authorized by 
subdivision 2 shall terminate and any proceeds of the tax in the 
storm sewer reserve fund shall be transferred and irrevocably 
pledged to the debt service fund of the municipality to be used 
solely to reduce tax levies for bonded indebtedness of taxable 
property within the district.  Upon the termination date of the 
capital improvement program the tax authorized by subdivision 2 
shall terminate and proceeds of the tax in the storm sewer 
reserve fund shall be used as provided in this section. 
    Subd. 4.  [HEARINGS; NOTICE.] The adoption of a capital 
improvement program and the establishment of a storm sewer 
reserve fund shall be preceded by a hearing upon the same notice 
required for the establishment of a storm sewer district.  The 
municipality may establish the district, adopt the program and 
establish the fund at the same hearing. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Pursuant to Minnesota Statutes, section 645.023, 
subdivision 1, clause (a), this act is effective on the day 
following its first enactment. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 11:14 p.m.