HomeMy WebLinkAboutChp8upd_9-12-12CHAPTER 8 1
(Draft Version dated Sep 12, 2012) 2
PUBLIC IMPROVEMENTS AND DEDICATED REVENUEASSESSMENTS 3
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Section 8.01. Power to Make Improvements and Levy Assessments collect Dedicated Revenue . The City 5
may make any type of public improvement not forbidden by law and levy and collect dedicated revenue 6
special assessments to pay all or any part of the cost of such improvements as are of a local character. The 7
total assessments collection of Dedicated Revenue for any local improvement may not exceed the cost of 8
the improvement, including all costs and expenses connected therewith, with interest. No assessment 9
collection of Dedicated Revenue shall exceed the benefits to the property. This Chapter does not apply to 10
public improvements funded only with general funds or bonding. All public improvements which may 11
levy and collect Dedicated Revenue for any portion or act to complete the improvement shall exclusively 12
be controlled by this Chapter and the Charter, as a whole, as allowed under MN Statute 429.111, as 13
amended. 14
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8.02 Definitions – Application. For the purpose of this chapter, the terms defined in this section, shall have 16
the meanings ascribed to them. 17
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Assessment District: The collection of all benefited properties, which shall be specifically identified in 19
the Notice of Hearing for a proposed Local Improvement Plan and published in the official 20
newspaper. Upon Council approval of the Local Improvement Resolution, the collection of all 21
benefited properties specifically identified by County Property Record number in the Resolution and 22
notice sent to the property owner of record prior to the Council action to approve the Resolution. 23
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Assessment Procedure: as described in MN Statute 429.061, as amended, shall apply to this chapter. 25
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Benefited Property: The property or properties which will be improved or maintained as a result of the 27
improvement being completed. (The benefit to the property shall be identified as a dollar value to the 28
property owner by the City when proposing the improvement. The identified benefit shall not require 29
any type of certification or verification by a third party. The identified benefit may be nullified as a 30
result of a properly filed petition using the Petition Process by the properties for the proposed 31
Assessment District, or individually modified by the Council as a result of an oral request of the 32
property owner directly to the City Council at a City Council meeting. Nothing in this definition will 33
preclude a property owner from their rights under MN Statute 429.081 to appeal an assessment to the 34
District Court. this section to be moved to process area of chapter.) 35
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City Services: Include those services sited under MN Statutes Chapter 471 (Municipal Powers), as 37
amended, in exchange for the taxes and fees citizens or residents pay. Basic city services may include, 38
but are not limited to, sanitation (both sewer and refuse), water, streets, inspections, public safety (fire 39
department, police, ambulance) snowplowing, and other health department issues. City Services may 40
be delivered directly by a City department, employee, City approved volunteer, authorized and 41
appointed commission, elected official, or be sub-contracted to a third party. 42
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Dedicated RevenueAssessment: Funds, fees, or taxesAssessment collected for a specific public 44
improvement or purpose from business, citizens and residents of the City. 45
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Local Improvement: A public improvement done by special assessment under the authority of MN 47
Statute 429.021, as amended, or by other Dedicated Revenue. 48
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Local Character: (Provide a high priority to maintain to be moved to process section) The 50
predominate appearance and use of an area. 51
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Public Improvement: Work done that increases value, brings into a more valuable or desirable 53
condition, or betterment of property, or right-of-way owned by the City, County or State. 54
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Public Improvement Project: A City Service project comprised of one or more public 56
improvement(s) defined or completed by segments or steps that span multiple years, approved 57
through a single resolution.(; which shall define or describe all improvements to be done for the 58
total project to be completed, its steps or segments, the set of engineering standards to be applied, 59
the benefit to properties involved, the local character to be maintained or modified, the 60
assessment process(es) and(or) the financing method(s) which will be used to pay for the project. 61
A Public Improvement Project, whether financed with assessments or not, shall have both a 62
public hearing and a public comment period of not less than sixty calendar days. A Public 63
Improvement Project or Resolution shall not prevent each annual segment from the citizen's 64
right to petition the engineering standards or the financing method being applied to work 65
scheduled for that calendar year, to be moved to process section.) 66
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Requirements: A Public Improvement Project will be approved by resolution on a per build-out, 68
per segment process. 69
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Service, (conflicts as used in current section 8.05): 71
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Special Assessment: Any assessment made to an individual property or collection of properties which 73
abut or is identified as being improved by, or maintained by, a result of the local or public 74
improvement being completed. The Assessment will follow the process as stated in MN Statute 75
429.061, as amended, and be controlled by MN Statute 429.051,as amended. 76
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Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes 78
into effect, the Council shall enact suitable ordinance(s) governing local improvements and special 79
assessments. The ordinance(s) shall provide a complete working code covering the determination of 80
assessments and assessment Districts, public hearings, appeals from a collection of assessments, 81
penalties for delinquency in making payments, financing of said assessments, and the certifying of 82
unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for 83
installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, 84
and all other matters appropriate to the subject of local improvements and assessments. After the 85
adoption of such ordinance(s) providing for local improvements, all procedures in compliance therewith 86
shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this 87
Charter. 88