1.1 	A bill for an act
1.2 	relating to the city of New Brighton; authorizing the
1.3 	city to establish a special district for water safety
1.4 	on Long Lake.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. NEW BRIGHTON SPECIAL DISTRICT; WATER SAFETY ON
1.7 	LONG LAKE.
 1.8 		Subdivision 1.Applicability. As used in sections 1 to
1.9 	8, the terms defined in this section have the meanings given
1.10 	them.
1.11 		Subd. 2.City. "City" means the city of New Brighton.
1.12 		Subd. 3.Special services. "Special services" has the
1.13 	meaning given in the city's ordinance for the purpose of
1.14 	providing public safety on Long Lake.  The services include, but
1.15 	are not limited to, the personnel and operational costs
1.16 	associated with maintaining safe boating and other water
1.17 	activities on the lake, including the purchase or rental of
1.18 	necessary equipment for the personnel.
1.19 		Subd. 4.Special district. "Special district" means the
1.20 	Long Lake Water Safety District, which is an area within the
1.21 	city defined by city ordinance where special services are
1.22 	rendered and the costs of the special services are paid
1.23 	primarily from revenues collected from service charges imposed
1.24 	within that area.

1.25 	Sec. 2. ESTABLISHMENT OF SPECIAL DISTRICT.
 2.1 		Subdivision 1.Ordinance. The governing body of New
2.2 	Brighton may adopt an ordinance establishing a special
2.3 	district.  All taxable property included within the boundaries
2.4 	of the special district are subject to the charges imposed by
2.5 	the city on the special district.  The ordinance shall describe
2.6 	with particularity the area within the city to be included in
2.7 	the district, the special services to be furnished in the
2.8 	district, and the estimated service charge on each parcel.  The
2.9 	ordinance shall state if the service charge is an annual charge
2.10 	and the maximum number of years that it may be imposed.
2.11 	The ordinance may not be adopted until after a public
2.12 	hearing has been held.  Notice of the hearing must include the
2.13 	time and place of hearing, a map showing the boundaries of the
2.14 	proposed district, and a statement that all persons owning
2.15 	property in the proposed district that would be subject to a
2.16 	service charge will be given opportunity to be heard at the
2.17 	hearing.  Within 30 days after adoption of the ordinance under
2.18 	this subdivision, the governing body shall send a copy of the
2.19 	ordinance to the commissioner of revenue.
2.20 		Subd. 2.Notice; hearing. Notice of the hearing must be
2.21 	given by publication in at least one issue of the official
2.22 	newspaper of the city.  The hearing must be held at least three
2.23 	days after the last publication.  Not less than ten days before
2.24 	the hearing, notice must also be mailed to the owner of each
2.25 	parcel within the area proposed to be included in the district.
2.26 	For the purpose of giving mailed notice, owners are those shown
2.27 	on the records of the county auditor.  Other records may be used
2.28 	to supply the necessary information.  At the public hearing a
2.29 	person affected by the proposed district may testify on any
2.30 	issues relevant to the proposed district.  The hearing may be
2.31 	adjourned from time to time and the ordinance establishing the
2.32 	district may be adopted at any time within six months after the
2.33 	date of the conclusion of the hearing by a vote of the majority
2.34 	of the governing body of the city.
2.35 	An ordinance imposing a service charge for more than one
2.36 	year must not be adopted unless the notice includes a statement
3.1 	that the service charge is an annual charge and the maximum
3.2 	number of years that the service charge may be imposed.
3.3 		Subd. 3.Charges; relationship to services. The city is
3.4 	authorized to impose service charges under this section on all
3.5 	taxable property in the special district.  If imposed, the
3.6 	charges shall be imposed on any equitable basis that the
3.7 	governing body deems reasonable.  Service charges imposed by the
3.8 	city within the special district must not exceed the amount
3.9 	sufficient to produce the revenues required to provide for the
3.10 	special services in the district.
3.11 		Subd. 4.Benefit; objection. Before the ordinance is
3.12 	adopted or at the hearing at which it is to be adopted, any
3.13 	affected landowner may file a written objection with the city
3.14 	manager asserting that the landowner's property should not be
3.15 	included in the district or should not be subjected to a service
3.16 	charge and the basis for why the property should be excluded.
3.17 	The governing body shall make a determination on the objection
3.18 	within 30 days of its filing.  Pending its determination, the
3.19 	governing body may delay adoption of the ordinance or it may
3.20 	adopt the ordinance with a reservation that the landowner's
3.21 	property may be excluded from the district or district service
3.22 	charges when the determination is made.

3.23 	Sec. 3. COLLECTION OF SERVICE CHARGES; LIMITS.
 3.24 	(a) Service charges must be imposed only upon the taxable
3.25 	property located in the geographic area described in the
3.26 	ordinance.  Service charges imposed must be collected as
3.27 	provided by the ordinance.  Service charges may be payable and
3.28 	collected at the same time and in the same manner as provided
3.29 	for payment and collection of ad valorem taxes.  When made
3.30 	payable in the same manner as ad valorem taxes, service charges
3.31 	not paid on or before the applicable due date shall be subject
3.32 	to the same penalty and interest as in the case of ad valorem
3.33 	tax amounts not paid by the respective due date.  The due date
3.34 	for a service charge payable in the same manner as ad valorem
3.35 	taxes is the due date given in law for the real or personal
3.36 	property tax for the property on which the service charge is
4.1 	imposed.  Service charges which are to become payable in the
4.2 	following year must be certified to the county auditor by the
4.3 	date provided in section 429.061, subdivision 3, for the annual
4.4 	certification of special assessment installments.
4.5 	(b) Service charges imposed under this section are not
4.6 	included in the city's calculation of levies or limits on levies
4.7 	imposed under law or charter.

4.8 	Sec. 4. ADVISORY BOARD.
 4.9 	The governing body of the city may create and appoint an
4.10 	advisory board for the special service district established
4.11 	under this chapter in the city to advise the governing body in
4.12 	connection with the operation of the special services in the
4.13 	district.  The advisory board shall make recommendations to the
4.14 	governing body on the requests and complaints of owners,
4.15 	occupants, and users of property within the district and members
4.16 	of the public.  Before the adoption of any proposal by the
4.17 	governing body to provide services or impose service charges
4.18 	within the district, the advisory board of the district shall
4.19 	have an opportunity to review and comment upon the proposal.

4.20 	Sec. 5. PETITION REQUIRED.
 4.21 	No action may be taken under section 2 unless owners of at
4.22 	least 51 percent of the total number of residential parcels that
4.23 	would be subject to the service charges in the proposed special
4.24 	service district file a petition with the city manager
4.25 	requesting the city to establish the special district and impose
4.26 	the service charge for the special services.  The petition may
4.27 	include the maximum number of years that the service charge may
4.28 	be imposed.

4.29 	Sec. 6. VETO POWER OF OWNERS.
 4.30 		Subdivision 1.Notice of right to file objections. The
4.31 	effective date of any ordinance adopted under section 2 must be
4.32 	at least 45 days after it is adopted.  Within five days after
4.33 	adoption of the ordinance, a summary of the ordinance must be
4.34 	mailed to the owner of each taxable parcel included in the
4.35 	special district.  The mailing must include a notice that owners
4.36 	subject to the service charge have a right to veto the ordinance
5.1 	by filing the required number of objections with the city
5.2 	manager before the effective date of the ordinance and that a
5.3 	copy of the ordinance is on file with the city manager for
5.4 	public inspection.
5.5 		Subd. 2.Requirements for veto. If owners of at least 51
5.6 	percent of the total number of residential parcels in the
5.7 	district subject to the service charge file an objection to the
5.8 	ordinance adopted by the city under section 2 with the city
5.9 	manager before the effective date of the ordinance, the
5.10 	ordinance does not become effective.  In the event of a veto, no
5.11 	district shall be established during the current calendar year
5.12 	and until a petition meeting the requirements in section 5 has
5.13 	been filed in a subsequent year.

5.14 	Sec. 7. VETO POWER IN SUBSEQUENT YEARS.
 5.15 	In any subsequent years that the service charge is
5.16 	authorized to be imposed, if owners of at least 51 percent of
5.17 	the total number of residential parcels in the district subject
5.18 	to the service charge file an objection to the ordinance adopted
5.19 	by the city, and file it with the city manager by September 1,
5.20 	the district will be abolished beginning in the year following
5.21 	the year in which the petition is filed.  If the petition is
5.22 	filed after September 1, the district will be abolished
5.23 	beginning in the second year following the year in which the
5.24 	petition is filed.

5.25 	Sec. 8. EFFECTIVE DATE; LOCAL APPROVAL.
 5.26 	Sections 1 to 7 are effective the day after the governing
5.27 	body of the city of New Brighton and its chief clerical officer
5.28 	comply with Minnesota Statutes, section 645.021, subdivisions 2
5.29 	and 3.