Charter Commission Memo - Oct 2012

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I CHAPTER 8 2 (Draft Version dated Sep 12, 2012) 3 PUBLIC IMPROVEMENTS AND DEDICATED REVENUEASSE SMEN -S 4 5 Section 8.01. Power to Make Improvements and Levy-'ssesshiep s collect Dedicated Revenue. The City 6 may make any type of public improvement not forbidden by law and levy and collect dedicated revenue 7cce oto pay all or any part of the cost of such improvements as are of a local character. The 8 total asses� collection of Dedicated Revenue for any local improvement may not exceed the cost of 9 the improvement, including all costs and expenses connected therewith, with interest. No assessn eut 10 collection of Dedicated Revenue shall exceed the benefits to the property. This Chapter does not apply to 11 public improvements funded only with general funds or bonding. All public improvements which may 12 levy and collect Dedicated Revenue for any portion or act to complete the improvement shall exclusively 13 be controlled by this Chapter and the Charter, as a whole. as allowed under MN Statute 429.111. as 14 amended. 15 16 8.02 Definitions – Application. For the purpose of this chapter, the terms defined in this section, shall have 17 the meanings ascribed to them. 18 19 Assessment District: The collection of all benefited properties, which shall be specifically identified in 20 the Notice of Hearing for a proposed Local Improvement Plan and published in the official 21 newspaper. Upon Council approval of the Local Improvement Resolution, the collection of all 22 benefited properties specifically identified by County Property Record number in the Resolution and 23 notice sent to the property owner of record prior to the Council action to approve the Resolution. 24 25 Assessment Procedure: as described in MN Statute 429.061, as amended, shall apply to this chapter. 26 27 Benefited Property: The property or properties which will be improved or maintained as a result of the 28 improvement being completed. (The benefit to the property shall be identified as a dollar value to the 29 property owner by the City when proposing the improvement. The identified benefit shall not require 30 any type of certification or verification by a third party. The identified benefit may be nullified as a 31 result of a properly filed petition using the Petition Process by the properties for the proposed 32 Assessment District, or individually modified by the Council as a result of an oral request of the 33 property owner directly to the City Council at a City Council meeting. Nothing in this definition will 34 preclude a property owner from their rights under MN Statute 429.081 to appeal an assessment to the 35 District Court. this section to be moved to process area of chapter.) 36 37 City Services: Include those services sited under MN Statutes Chapter 471 (Municipal Powers), as 38 amended, in exchange for the taxes and fees citizens or residents pay. Basic city services may include, 39 but are not limited to, sanitation (both sewer and refuse), water, streets, inspections, public safety (fire 40 department, police, ambulance) snowplowing, and other health department issues. City Services may 41 be delivered directly by a City deparlhnent, employee, City approved volunteer, authorized and 42 appointed commission, elected official, or be sub -contracted to a third party. 43 44 ( Dedicated RevenueAssess;;:e .t: Funds. fees, or taxesAssessment collected for a specific public 45 improvement or purpose from business, citizens and residents of the City. 46 47 Local Improvement: A public improvement done by special assessment under the authority of MN 48 Statute 429.021, as amended, or by other Dedicated Revenue. 49 50 Local Character: (Provide a high priority to maintain to be moved to process section) The 51 predominate appearance and use of an area. 52