Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 210-S.F.No. 764 
           An act relating to local government; changing 
          conditions for the establishment and operation of 
          special service districts in St. Cloud; amending Laws 
          1985, chapter 301, sections 5, subdivision 5; 7, 
          subdivision 1; 9; 12; and 13, subdivision 2, and by 
          adding a subdivision; repealing Laws 1985, chapter 
          301, section 7, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1985, chapter 301, section 5, subdivision 
5, is amended to read: 
    Subd. 5.  "Assessed value Net tax capacity" means 
the assessed value net tax capacity as most recently certified 
by the commissioner of revenue county auditor before the 
effective date of the ordinance or resolution adopted pursuant 
to section 6 or 7. 
    Sec. 2.  Laws 1985, chapter 301, section 7, subdivision 1, 
is amended to read: 
    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 tax rate, nonhomestead taxable property or 
value net tax capacity shall be determined without regard to 
captured or original assessed value under Minnesota Statutes, 
section 273.76 469.177 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. 
    Sec. 3.  Laws 1985, chapter 301, section 9, is amended to 
read: 
    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 273.76 469.177, chapter 473F, or any other law 
that applies to general ad valorem levies. 
    Sec. 4.  Laws 1985, chapter 301, section 12, is amended to 
read: 
    Sec. 12.  [PETITION REQUIRED.] 
    Subdivision 1.  [CERTAIN CITIES.] This subdivision applies 
in the cities of Sartell, Sauk Rapids, Isle, Mora, Becker, and 
Waite Park.  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 net tax capacity 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 net tax capacity 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 net tax capacity 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. 
     Subd. 2.  [ST. CLOUD.] This subdivision applies in the city 
of St. Cloud.  No action may be taken pursuant to section 6 
unless owners of 25 percent or more of the land area of the 
proposed special service district, owners of 25 percent or more 
of the net tax capacity of the proposed district, or either 25 
percent of the business owners or business organizations located 
in the proposed area 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 25 percent or more of the land area of the proposed 
special service district, owners of 25 percent or more of the 
net tax capacity of the proposed district, or 25 percent of 
either the business owners or business organizations located in 
the proposed area 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 owners 
of 25 percent or more of the land area of the proposed special 
service district, owners of 25 percent or more of the net tax 
capacity of the proposed district, or 25 percent of either the 
business owners or business organizations located in the 
proposed area 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 net tax 
capacity 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. 5.  Laws 1985, chapter 301, section 13, subdivision 2, 
is amended to read: 
    Subd. 2.  [REQUIREMENT FOR VETO; CERTAIN CITIES.] This 
subdivision applies in the cities of Sartell, Sauk Rapids, Isle, 
Mora, Becker, and Waite Park.  If owners of 35 percent of the 
land area in the district or owners of 35 percent of 
the assessed value net tax capacity 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 net tax capacity 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. 6.  Laws 1985, chapter 301, section 13, is amended by 
adding a subdivision to read: 
     Subd. 3.  [REQUIREMENT FOR VETO; ST. CLOUD.] This 
subdivision applies in the city of St. Cloud.  If owners of 50 
percent of the land area in the district or owners of 50 percent 
of the net tax capacity 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 50 percent 
of the land area subject to a tax or owners of 50 percent of the 
net tax capacity 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 50 
percent of business owners 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. 7.  [REPEAL.] 
    Laws 1985, chapter 301, section 7, subdivision 4, is 
repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Pursuant to Minnesota Statutes, section 645.023, 
subdivision 1, clause (a), this act takes effect for the city of 
St. Cloud the day after final enactment, and applies to special 
service districts created after that date. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 23, 1989, 5:55 p.m.