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HomeMy WebLinkAbout08-133 - ADMIN Resolution - City Council - 2008/10/20RESOLUTION NO. 08-133 RESOLUTION APPROVING 2009 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 2 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 In 1998, pursuant to Ordinance No. 2093-97, the City created a special service district for certain property located adjacent to Excelsior Boulevard within an area approximately bounded by France Avenue westerly to Monterey Drive The specific properties included within this area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" hereto and the right- of-way adjacent thereto (the "District"). The City by Resolution 97-165 also adopted a multi-year service charge through and including the year 2008. 1.02 The City has received a petition to impose a new multi-year service charge for 2009 and through and including the year 2018 from the owners of property within the District (the "Petition''). 1.03 The City Council has determined each of the following: (a) the owners of at least twenty-five percent (25%) or more of the land area within the District have signed the Petition; (b) at least twenty-five percent (25%) of the individuals or business organizations subject to the proposed service charge have signed the Petition; (c) only owners of property located within the District have signed the Petition; (d) 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 (e) notice of a public hearing has been given and a public hearing has been held. Section 2. Adoption of 2009 Budget 2.01 2009 Budget. The 2009 Budget for Special Service District No. 2 of $42,240 is hereby approved as recommended by the Special Service District No. 2 Advisory Board. 2.02 Authorized 2009 Service Charge. The authorized 2009 Service Charge for Special Service District No. 2 is $42,240 in the amounts and against the properties specified on Attachment "A" attached to this Resolution. Resolution No. 08-133 -2- Section 3. Imposition of Service Charge. 3.01 Amount of Service Charge. There is hereby imposed a service charge in the amounts and against the properties specified on Exhibit "C" attached hereto (the "Service Charge"). 3.02 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 2016 for taxes payable in said year. Exhibit "C" specifies the maximum cost of any improvement to be paid for in whole or in part by the Service Charge, if any; the maximum cost of operating and maintaining the improvements during the first year and upon completion of the improvements; the proposed method and source of financing the improvements; and the maximum cost of operating and maintaining the improvements. The maximum service charge imposed in any year will be adjusted as provided in Section 3.04. 3.03 Calculation of Service Charge. The Service Charge for services related to the removal of snow and ice shall be distributed based upon the front feet of sidewalk for each parcel in the District. The Service Charge for all other costs shall be distributed based upon the area (square feet) of each parcel within the District and subject to the Service Charge. 3.04 Inflation Adjuster. The maximum service charge to be imposed in any year (the "Current Year") will increase from the maximum authorized budgeted amount for the year immediately preceding the Current Year (the "Prior Year") based upon the following: The Consumer Price Index (All Items) for the Minneapolis/St. Paul Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the commencement of the Current Year (the "Current Year Index"), shall be compared with the Index published for the date nearest the commencement of the Prior Year (the "Prior Year Index"). If the Current Year Index has increased over the Prior Year Index, the Service Charge shall be increased by multiplying the Service Charge by a fraction, the numerator of which is the Current Year Index and the denominator of which is the Prior Year Index. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Notwithstanding increases in the Index of greater than five percent (5%), the Service Charge shall not increase from any Prior Year to any Current Year by an amount greater than five percent (5%) of the Prior Year's Service Charge. 3.05 Distribution of Total Service Charge. 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 3.03 if and to the extent that: (i) the front footage of sidewalks constructed on such properties increases or decreases; or (ii) a parcel increases or decreases in size by acquisition or sale. • • Resolution No. 08-133 -3- Section 4. Collection of Service Charges. 4.01 Collection. The Services 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 469.177 or to the distribution or contribution value under Minnesota Statutes, Section 473F.08. 4.02 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. 4.03 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. Service 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. Section 5. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the District, at the election of the City, either: (i) such excess amount shall be held as a reserve to pay the cost of future services provided under this resolution; or (ii) the next year's levy of taxes and service charges shall be decreased by a corresponding amount. Section 6. 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. Section 7. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day fol . ,'ng adoption, which effective date shall be December 4, 2008. Review for Administration: d►I_ City anager Attest: • C� City Clerk Adopted • he City Council October 20, 2008 Mayor