2003-09-25_PWETC_AgendaPacket - Laserfiche WebLink

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The creation of a special service district is an altcrnative to a spccial tax assessment under Minn. Stat. Chapter 429. The primary advantage of a special service district appears to be that there are fewer statutory requirements for implementing a special service district as compared to a special assessment. On the other hand, the implementation of a special service district requires the cooperation of at least some of the property owners within the proposed service district. 9 428A.08 states: No action may be taken under section 428A.02 unless owners of25 percent or more of the land area of property that would be subject to service charges in 'the proposed special service district and owners of 25 percent or more of the net tax capacity of property that would be subject to service charges in the proposed special service district file a petition requesting a public hearing on the proposed action with the city clerk. In contrast, a special assessment can be initiated either by petition or by the Council itself. Finally, a hearing is required for each calendar year in which a service charge is imposed within a special service district. 9 428A.03. The general procedure for establishing a special service district is as follows: .1) ../ l,rIPI" i'/Jt l. . . N ,1 ./~l (( _ i ;::::-t-'. ' , Of:;J? v~ 0"1 I' .p fj i?l::;, 6\J.J\~V I. The owners of twenty- five percent or more of the land area of property that would be subject to service charges in the proposed special service district and owners of twenty-five percent or more of the net tax capacity of property that would be subject to service charges in the proposed special service district must file a petition requesting a public hearing on the proposed action with the city clerk. 2. The City must adopt an ordinance prior to establishing the special service district. The ordinance must describe with particularity the area to be included in the special service distriet, and the special services to be provided by the district. 9 428A.02, subd. I. 3. Prior to adopting an ordinance establishing a special service district, the City must hold a public hearing on the creation of the service district and the imposition of charges. 9 428A.02, subd. I. 4. The City must publish notice of the public hearing in two issues of the official newspaper two weeks apart. The hearing must be held at least three days following the last publication. 9 428A.02, subd. 2. 5. Not less than J.Q...<tt.Ys before the hearing, notice of the hearing must also be mailed to the owner of each parcel of property within the area proposed to be 2