2006 Minnesota Statutes

CHAPTER 375B. COUNTY SUBORDINATE SERVICE DISTRICTS

375B.01 PURPOSE OF SUBORDINATE GOVERNMENTAL SERVICE DISTRICTS.
It is the purpose of this chapter to provide a means by which a county as a unit of general local
government can effectively provide and finance various governmental services for its residents.
History: 1982 c 507 s 8; 1983 c 216 art 1 s 63

375B.02 DEFINITION.
"Subordinate service district" means a compact and contiguous district within the county in
which one or more governmental services or additions to countywide services are provided by the
county and financed from revenues secured from within that district. The boundaries of a single
subordinate service district may not embrace an entire county.
History: 1982 c 507 s 9

375B.03 ESTABLISHMENT OF SERVICE DISTRICTS.
Notwithstanding any provision of law requiring uniform property tax rates on real or
personal property within the county, any county in this state, except a metropolitan county as
defined in section 473.121, subdivision 4, and any other county containing a city of the first class,
may establish subordinate service districts to provide and finance any governmental service or
function which it is otherwise authorized to undertake. A function or service to be provided shall
not include a function or service which the county generally provides throughout the county
unless an increase in the level of the service is to be supplied in the service district.
History: 1982 c 507 s 10

375B.04 CREATION BY COUNTY BOARD.
The county board of commissioners of any county, except a metropolitan county as defined
in section 473.121, subdivision 4, and any other county containing a city of the first class, may
establish a subordinate service district in a portion of the county by adoption of an appropriate
resolution. Before the adoption of the resolution, the county board shall hold a public hearing on
the question of whether or not a subordinate service district shall be established. The resolution
shall specify the service or services to be provided within the subordinate service district and shall
specify the territorial boundaries of the district.
History: 1982 c 507 s 11

375B.05 CREATION BY PETITION.
    Subdivision 1. Petition. A petition signed by ten percent of the qualified voters within
the portion of the county proposed for the subordinate service district may be submitted to the
county board requesting the establishment of a subordinate county service district to provide any
service or services which the county is otherwise authorized by law to provide. The petition shall
include the territorial boundaries of the proposed district and shall specify the types of services
to be provided within the district.
    Subd. 2. Public hearing. Upon receipt of the petition, and verification of the signatures by
the county auditor, the county board shall, within 30 days following verification, hold a public
hearing on the question of whether or not the requested district shall be established.
    Subd. 3. Approval; disapproval. Within 30 days following the holding of a public
hearing, the county board, by resolution, shall approve or disapprove the establishment of the
requested district. A resolution approving the creation of the district may contain amendments or
modifications of the district's boundaries or functions as set forth in the petition.
History: 1982 c 507 s 12

375B.06 PUBLICATION AND EFFECTIVE DATE.
Upon passage of a resolution authorizing the creation of a subordinate service district,
the county board shall cause the resolution to be published once in the official newspaper. The
resolution shall include a general description of the territory to be included within the district, the
type of service or services to be undertaken in the district, a statement of the means by which the
service or services will be financed, and a designation of the county agency or officer who will be
responsible for supervising the provision of the service or services. The district shall be deemed
established 30 days after publication or at a later date as may be specified in the resolution.
History: 1982 c 507 s 13

375B.07 REFERENDUM.
    Subdivision 1. Petition. Upon receipt of a petition signed by five percent of the qualified
voters within the territory of the proposed district prior to the effective date of its creation as
specified in section 375B.06, the creation shall be held in abeyance pending referendum vote of
all qualified electors residing within the boundaries of the proposed district.
    Subd. 2. Election. The county board shall make arrangements for the holding of a special
election not less than 30 nor more than 90 days after receipt of the petition within the boundaries
of the proposed district. The question to be submitted and voted upon by the qualified voters
within the territory of the proposed district shall be phrased substantially as follows:
"Shall a subordinate service district be established in order to provide (service or services to
be provided) financed by (revenue sources)?"
If a majority of those voting on the question favor creation of the proposed district, the
district shall be deemed created upon certification of the vote by the county auditor. The county
auditor shall administer the election.
History: 1982 c 507 s 14

375B.08 ENLARGING A SUBORDINATE SERVICE DISTRICT.
The county board, on its own motion or pursuant to petition, may enlarge any existing
subordinate service district pursuant to the procedures specified in sections 375B.04 to 375B.07.
Only qualified voters residing in the district to be added shall be eligible to participate in the
election, but if five percent of the qualified voters residing in the existing service district petition
to participate in the election, all qualified voters residing in the proposed service district shall
be eligible.
History: 1982 c 507 s 15

375B.09 FINANCING.
Upon adoption of the next annual budget following the creation of a subordinate service
district the county board shall include in the budget appropriate provisions for the operation of
the district including, as appropriate, either a property tax levied only on property within the
boundaries of the district or a levy of a service charge against the users of the service within the
district, or any combination of a property tax and a service charge. A tax or service charge or a
combination thereof shall not be imposed to finance a function or service in the service district
which the county generally provides throughout the county unless an increase in the level of the
service is to be supplied in the service district in which case, in addition to the countywide tax
levy, only an amount necessary to pay for the increased level of service may be imposed.
History: 1982 c 507 s 16

375B.10 WITHDRAWAL; ELECTION.
Upon receipt of a petition signed by ten percent of the qualified voters within the territory
of the subordinate service district requesting the removal of the district, or pursuant to its own
resolution, the county board shall make arrangements for the holding of a special election within
the boundaries of the service district not less than 30 nor more than 90 days after the resolution or
receipt of the petition. The question to be submitted and voted upon by the qualified voters within
the territory of the district shall be phrased substantially as follows:
"Shall the subordinate service district presently established be removed and the service or
services of the county as provided for the service district be discontinued?"
If a majority of those voting on the question favor the removal and discontinuance of
the services, the service district shall be removed and the services shall be discontinued upon
certification of the vote by the county auditor. The county auditor shall administer the election.
History: 1982 c 507 s 17

375B.11 WITHDRAWAL; BY RESOLUTION OF COUNTY BOARD.
The county board may by resolution withdraw a subordinate service district from the
provisions of this chapter and discontinue the service provided within the service district. The
county board shall cause notice of its intention to withdraw the service district to be published at
least once in the official newspaper not more than six months or less than three months before
the resolution is adopted. If a joint powers agreement is a part of the subordinate service district
arrangement no withdrawal shall be effective under this section unless all parties to the joint
powers agreement agree to the withdrawal.
History: 1982 c 507 s 18

375B.12 LOCAL LAWS SUPERSEDED.
A special law for a single county, except a metropolitan county as defined in section 473.121,
subdivision 4 , and any other county containing a city of the first class, which authorizes the
county to establish subordinate service districts or areas is hereby superseded. Any service being
provided pursuant to the special law on or before the effective date of Laws 1982, chapter 507,
sections 1 to 12 may continue to be provided pursuant to the special law.
History: 1982 c 507 s 19