2007 Minnesota Statutes

428A.09 VETO POWER OF OWNERS.
    Subdivision 1. Notice of right to file objections. Except as provided in section 428A.10,
the effective date of any ordinance or resolution adopted under sections 428A.02 and 428A.03
must be at least 45 days after it is adopted. Within five days after adoption of the ordinance or
resolution, a summary of the ordinance or resolution must 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 under section 428A.02. The mailing must
include a notice that owners subject to a service charge based on net tax capacity and individuals
and business organizations subject to a service charge imposed on another basis 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 and that a copy of the ordinance or
resolution is on file with the city clerk for public inspection.
    Subd. 2. Requirements for veto. If owners of 35 percent or more of the land area in the
district subject to the service charge based on net tax capacity or owners of 35 percent or more of
the net tax capacity in the district subject to the service charge based on net tax capacity file an
objection to the ordinance adopted by the city under section 428A.02 with the city clerk before the
effective date of the ordinance, the ordinance does not become effective. If owners of 35 percent
or more of the land area subject to the service charge based on net tax capacity or owners of 35
percent or more of the net tax capacity subject to the service charge based on net tax capacity file
an objection to the resolution adopted imposing a service charge based on net tax capacity under
section 428A.03 with the city clerk before the effective date of the resolution, the resolution does
not become effective. If 35 percent or more of individuals and business organizations subject to a
service charge file an objection to the resolution adopted imposing a service charge on a basis
other than net tax capacity under section 428A.03 with the city clerk before the effective date of
the resolution, the resolution does not become effective. In the event of a veto, no district shall be
established during the current calendar year and until a petition meeting the qualifications set
forth in this subdivision for a veto has been filed.
History: 1988 c 719 art 5 s 84; art 14 s 9; 1989 c 329 art 13 s 20