Bill Text: MN SF607 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Municipalities street improvement districts authorization
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-21 - Comm report: To pass as amended and re-refer to Taxes [SF607 Detail]
Download: Minnesota-2013-SF607-Introduced.html
Bill Title: Municipalities street improvement districts authorization
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-21 - Comm report: To pass as amended and re-refer to Taxes [SF607 Detail]
Download: Minnesota-2013-SF607-Introduced.html
1.2relating to municipalities; authorizing municipalities to establish street
1.3improvement districts and apportion street improvement fees within districts;
1.4requiring adoption of street improvement plan; authorizing collection of fees;
1.5proposing coding for new law in Minnesota Statutes, chapter 435.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [435.39] MUNICIPAL STREET IMPROVEMENT DISTRICTS.
1.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.9have the meanings given them.
1.10(b) "Governing body" means the city council of a municipality.
1.11(c) "Improvements" means construction, reconstruction, and facility upgrades
1.12involving: right-of-way acquisition; paving; curbs and gutters; bridges and culverts and
1.13their repair; milling; overlaying; drainage and storm sewers; excavation; base work;
1.14subgrade corrections; street lighting; traffic signals; signage; sidewalks; pavement
1.15markings; boulevard and easement restoration; impact mitigation; connection and
1.16reconnection of utilities; turn lanes; medians; street and alley returns; retaining walls;
1.17fences; lane additions; and fixed transit infrastructure, trails, or pathways. "Fixed transit
1.18infrastructure" does not include commuter rail rolling stock, light rail vehicles, or
1.19transit way buses; capital costs for park-and-ride facilities; feasibility studies, planning,
1.20alternative analyses, environmental studies, engineering, or construction of transit ways;
1.21or operating assistance for transit ways.
1.22(d) "Maintenance" means striping, seal coating, crack sealing, pavement repair,
1.23sidewalk maintenance, signal maintenance, street light maintenance, and signage.
1.24(e) "Municipal street" means a street, alley, or public way in which the municipality
1.25is the road authority with powers conferred by section 429.021.
2.1(f) "Municipality" means a home rule charter or statutory city.
2.2(g) "Street improvement district" means a geographic area designated by a
2.3municipality and located within the municipality within which street improvements and
2.4maintenance may be undertaken and financed according to this section.
2.5 Subd. 2. Authorization. A municipality may establish by ordinance municipal
2.6street improvement districts and may defray all or part of the total costs of municipal
2.7street improvements and maintenance by apportioning street improvement fees to all of
2.8the parcels located in the district.
2.9 Subd. 3. Uniformity. The total costs of municipal street improvements and
2.10maintenance must be apportioned to all parcels or tracts of land located in the established
2.11street improvement district on a uniform basis within each classification of real estate.
2.12 Subd. 4. Adoption of plan. Before establishing a municipal street improvement
2.13district or authorizing a street improvement fee, a municipality must propose and adopt a
2.14street improvement plan that identifies the location of the municipal street improvement
2.15district and identifies and estimates the costs of the proposed improvements during the
2.16proposed period of collection of municipal street improvement fees, which must be for
2.17a period of at least five years and at most 20 years. Notice of a public hearing on the
2.18proposed plan must be given by mail to all affected landowners at least ten days before
2.19the hearing and posted for at least ten days before the hearing. At the public hearing, the
2.20governing body must present the plan and all affected landowners in attendance must have
2.21the opportunity to comment before the governing body considers adoption of the plan.
2.22 Subd. 5. Citywide districts. A municipality that establishes a street improvement
2.23district that encompasses the entire political jurisdiction may adjust the fees annually as
2.24part of the annual budget process, utilizing truth in taxation notices and hearings to satisfy
2.25the notice and hearing requirements in this section. A citywide district may be renewed
2.26annually for an indefinite period.
2.27 Subd. 6. Use of fees. Revenues from street improvement fees must be placed in
2.28a separate account and used only for projects located within the district and identified
2.29in the municipal street improvement plan.
2.30 Subd. 7. Collection; up to 20 years. (a) An ordinance adopted under this section
2.31must provide for billing and payment of the fee on a monthly, quarterly, or other basis
2.32as directed by the governing body. The governing body may collect municipal street
2.33improvement fees within a street improvement district for a maximum of 20 years.
2.34 (b) Fees that, as of October 15 of each year, have remained unpaid for at least 30
2.35days may be certified to the county auditor for collection as a special assessment payable
2.36in the following calendar year against the affected property.
3.1 Subd. 8. Notice; hearings. A municipality may impose a municipal street
3.2improvement fee by ordinance. The ordinance must not be voted on or adopted until after
3.3a public hearing has been held on the question.
3.4 Subd. 9. Not exclusive means of financing improvements. The use of the
3.5municipal street improvement fee by a municipality does not restrict the municipality from
3.6imposing other measures to pay the costs of local street improvements or maintenance,
3.7except that a municipality must not impose special assessments for projects funded with
3.8street improvement fees.
3.9EFFECTIVE DATE.This section is effective July 1, 2013.
1.3improvement districts and apportion street improvement fees within districts;
1.4requiring adoption of street improvement plan; authorizing collection of fees;
1.5proposing coding for new law in Minnesota Statutes, chapter 435.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [435.39] MUNICIPAL STREET IMPROVEMENT DISTRICTS.
1.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.9have the meanings given them.
1.10(b) "Governing body" means the city council of a municipality.
1.11(c) "Improvements" means construction, reconstruction, and facility upgrades
1.12involving: right-of-way acquisition; paving; curbs and gutters; bridges and culverts and
1.13their repair; milling; overlaying; drainage and storm sewers; excavation; base work;
1.14subgrade corrections; street lighting; traffic signals; signage; sidewalks; pavement
1.15markings; boulevard and easement restoration; impact mitigation; connection and
1.16reconnection of utilities; turn lanes; medians; street and alley returns; retaining walls;
1.17fences; lane additions; and fixed transit infrastructure, trails, or pathways. "Fixed transit
1.18infrastructure" does not include commuter rail rolling stock, light rail vehicles, or
1.19transit way buses; capital costs for park-and-ride facilities; feasibility studies, planning,
1.20alternative analyses, environmental studies, engineering, or construction of transit ways;
1.21or operating assistance for transit ways.
1.22(d) "Maintenance" means striping, seal coating, crack sealing, pavement repair,
1.23sidewalk maintenance, signal maintenance, street light maintenance, and signage.
1.24(e) "Municipal street" means a street, alley, or public way in which the municipality
1.25is the road authority with powers conferred by section 429.021.
2.1(f) "Municipality" means a home rule charter or statutory city.
2.2(g) "Street improvement district" means a geographic area designated by a
2.3municipality and located within the municipality within which street improvements and
2.4maintenance may be undertaken and financed according to this section.
2.5 Subd. 2. Authorization. A municipality may establish by ordinance municipal
2.6street improvement districts and may defray all or part of the total costs of municipal
2.7street improvements and maintenance by apportioning street improvement fees to all of
2.8the parcels located in the district.
2.9 Subd. 3. Uniformity. The total costs of municipal street improvements and
2.10maintenance must be apportioned to all parcels or tracts of land located in the established
2.11street improvement district on a uniform basis within each classification of real estate.
2.12 Subd. 4. Adoption of plan. Before establishing a municipal street improvement
2.13district or authorizing a street improvement fee, a municipality must propose and adopt a
2.14street improvement plan that identifies the location of the municipal street improvement
2.15district and identifies and estimates the costs of the proposed improvements during the
2.16proposed period of collection of municipal street improvement fees, which must be for
2.17a period of at least five years and at most 20 years. Notice of a public hearing on the
2.18proposed plan must be given by mail to all affected landowners at least ten days before
2.19the hearing and posted for at least ten days before the hearing. At the public hearing, the
2.20governing body must present the plan and all affected landowners in attendance must have
2.21the opportunity to comment before the governing body considers adoption of the plan.
2.22 Subd. 5. Citywide districts. A municipality that establishes a street improvement
2.23district that encompasses the entire political jurisdiction may adjust the fees annually as
2.24part of the annual budget process, utilizing truth in taxation notices and hearings to satisfy
2.25the notice and hearing requirements in this section. A citywide district may be renewed
2.26annually for an indefinite period.
2.27 Subd. 6. Use of fees. Revenues from street improvement fees must be placed in
2.28a separate account and used only for projects located within the district and identified
2.29in the municipal street improvement plan.
2.30 Subd. 7. Collection; up to 20 years. (a) An ordinance adopted under this section
2.31must provide for billing and payment of the fee on a monthly, quarterly, or other basis
2.32as directed by the governing body. The governing body may collect municipal street
2.33improvement fees within a street improvement district for a maximum of 20 years.
2.34 (b) Fees that, as of October 15 of each year, have remained unpaid for at least 30
2.35days may be certified to the county auditor for collection as a special assessment payable
2.36in the following calendar year against the affected property.
3.1 Subd. 8. Notice; hearings. A municipality may impose a municipal street
3.2improvement fee by ordinance. The ordinance must not be voted on or adopted until after
3.3a public hearing has been held on the question.
3.4 Subd. 9. Not exclusive means of financing improvements. The use of the
3.5municipal street improvement fee by a municipality does not restrict the municipality from
3.6imposing other measures to pay the costs of local street improvements or maintenance,
3.7except that a municipality must not impose special assessments for projects funded with
3.8street improvement fees.
3.9EFFECTIVE DATE.This section is effective July 1, 2013.
