2003-09-25_PWETC_AgendaPacket - Laserfiche WebLink

Home

Special Service Districts The 1996 Legislature authorized cities to establish special service districts without special legislation. Prior law eontained no general grant of authority for cities to fom1 these special tax areas to finance a particular improvement or government service. The self-executing provision is scheduled to sunset on June 30, 2005. Enabling legislation will once again be required for special service districts created thereafter. Special service districts have their own set of limitations and procedures. Thc steps necessary to create a special service district are as follows: . Twenty-five percent or more of the owners of the land area of property that would be subject to service charges and owners of 25 percent or more of the net tax capacity of propeliy subject to the district must file a pctition calling for a public hearing or otherwise modified so that the 25 percent requirement is lost, a new petition will be required. . The city couneilll/ay create an advisory board. Before thc adoption of any proposal by the governing body to provide serviccs or imposc service charges within the district, the advisory board, if created, must have thc opportunity to rcview and comment on the proposal. . A hearing must be held on the creation of the district and/or the imposition of chargcs. Thc hearing must be precedcd by two published notices (in two issues of the official papcr) two weeks apart, and must be hcld at least three days following the last publication. Not less than 10 days before the hearing, notice must also be mailcd to the owner of each parcel of property within the area proposed to be included in the district, including tax-exempt parcel owners or property paying on a gross earnings basis such as public utilities. . Notice of the hearing must include the time and place of the hcaring, a map showing the boundaries of the proposed district, and a statement that all persons owning property in the proposcd district that would be subject to a service charge will be given an opportunity to be heard at the hearing. · The hearing may be adjourned from time to time, and the ordinance establishing thc 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 ofthe city. . At the hearing, or before the ordinance is adopted, any affected landowner may filc a written objection with the city clerk asserting that the landowner's property should not be included in the district, or should not be subjected to a service charge. The governing body must makc a deternlination on the objection within 30 days of filing. The owner may appeal the council's detennination to district court. . The charges can bc fixed on any equitable basis, but shall be reasonably related to the special services provided and shall be as nearly as possible proportionate to the cost of furnishing the service. League of Minnesota Cities Local Improvement Guide (October 2000) pages 35- 37