HomeMy WebLinkAbout05-197 • CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
Date November 7, 2005 R2SOIUt10n OS-197
Motion By seilows Seconded By Wulff
RESOLUTION IMPOSING A SERVICE CHARGE
FOR SPECIAL SERVICE DISTRICT NO. 1 FOR TAXES PAYABLE 2006
BE IT RESOLVED by the City Council of Lakeville, Minnesota, as follows:
SECTION 1. Recitals: Findinas.
1.01. Pursuant to Ordinance No. 631, the City created a special service district for certain
property located adjacent to Holyoke, Holt, and Howland Avenues from 202"d Street West on the
north to 210t" Street West on the south. The specific properties included within this land area (the
"District's are identified on Exhibit ~~A"attached hereto,
1.02. The City has received a petition to impose a service charge from the owners of
• property within the District (the °Petition'~.
1.03. The City Council has determined each of the following:
(a) at least twenty-five percent (25%) of the individuals or business
organizations subject to the proposed service charge have signed the Petition;
(b) only owners of property located within the District have signed the Petition;
(c) only owners of property classified under Minnesota Statutes, Section 273.13
as commercial, industrial, or public utility purposes, or that is vacant land zoned or
designated on a land use plan for commercial, industrial, or public utility purposes, have
signed the Petition; and
(d) notice of a public hearing has been ,given and a public hearing has been
he?d.
SECTION 2. Imposition of Service Charae.
2.01. Amount of Service Charae. There is hereby imposed a service charge in the
amount and against the properties specified on Exhibits ~~A',and "B", attached
hereto (the "Service Charge'.
• 2.02. Nature and character of Special Services -Budget. There is hereby approved a
budget for Special Service District fiscal year beginning July 1 2006 through June
30, 2007 as specified on Exhibit "C" a copy of which is attached hereto.
1
• 2.02. Multi ;year Service Charge. The Service Charge imposed by this resolution is a charge for
more than one year. The Service Charge will remain in efFect through and including the year 2006
for taxes payable in said year.
2.03. Calculation of Service Charae. The Service Charge shall be calculated as a
percentage of the net tax capacity of the taxable property located in the Special Service District.
The minimum charge levied against a properly owner shall be $100.00 and the maximum charge
shall be $6,000 per property owner. If the charge that would otherwise be imposed on a properly
owner is greater than the maximum allowable charge, the overage shall be redistributed against
the other parcels in the District based upon net tax capacity. If the charge that would otherwise
be imposed on a property owner is less than the $100.00 minimum charge, the charge against
other parcels in the District shall be reduced based on net tax capacity.
For taxes payable in 2006 the proposed Service Charge will be $27,534.00
2.04. Distribution of Total .Service Charae. The distribution of the total Service Charge
among properties within the District and subject to the Service Charge may vary and shall be
recalculated pursuant to the formula specified in Section 2.03 if and to the extent that (i)
commercial/industrial property tax classification rates increase or decrease based on action by the
Minnesota legislature; or (ii) the net tax capacity of a parcel increases or decreases based on
changes in the assessed value of the parcel attributable to improvements or changes made to the
property; or (iii) a parcel increases or decreases in size by acquisition or sale.
SeCrioN 3. Collection of Service Charges.
3.01.. Collection. The Service Charges shall be payable and collected at the same time
and in the same manner as provided for payment and collection of ad valorem taxes. For
purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be
determined without regard to captured or original net tax capacity under Minnesota Statutes,
Section 473F.08.
3.02. Penalty and Interest. Service Charges made payable in the same manner. as
provided for payment and collection of ad valorem taxes, if not paid on or before the applicable
due date, shall be subject to the same penalty and interest as in the case of ad valorem tax
amounts not paid by the respective date.
3.03. Due Date. The due date for the Service Charge payable in the same manner as ad
valorem taxes is the due date given in law for the real or personal property tax for the property on
which the service charge is imposed. Services Charges imposed on net tax capacity which are to
become payable in the following year must be certified to the County Auditor by the date provided
in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment
installments.
SecrioN 4. Revenue Surplus.
• To the extent that the total of Services Charges collected exceed the cost of services
rendered within the District, at the election of the City, either: (i) such excess amount shall be
2
• held as a reserve to pay the cost of future services provided under this resolution; or (ii) the next
ensuing year's levy of taxes and service charges shall be decreased by a corresponding amount.
SecrzoN 5. Recording.
The City may record this Resolution against parcels located within the District and subject
to the Service Charge for the purpose of providing notice of the Service Charge to prospective
purchasers of such parcels.
ADOPTED by the City Council of Lakeville, Minnesota this 7th day of November 2005.
CITY OF LAKEVILLE
BY:
EST: Robert D. )o son, Mayor
Charlene Friedges, City rk
i
•
3