8. Southwest Metro Transit1
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CITY OF 8
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, Planning Director
DATE: June 3, 1996
SUBJ. Southwest Metro Transit:
a. Resolution of Intent to Par
b. Resolution of Tax Levy A
and Minnesota Dept. of R
c. Minor Modification to the
Member Cities.
Acton by City Administrator
Endmee A
Illodifiod
Reject•a
Dete Submitted to Commissim
Date Submitted to Council
t / -9b
the New (STA) Levy Process for Transit;
.e Certified to the Metropolitan Council
Agreement Between SMTC and
During the last legislative session, the s adopted a ne
to option for tax levy. In addition, the cil must also m
their intent to participate in the new process.
Attached are the appropriate d Bents from Southwest Mi
Executive Director will b 'V opt
meeting to discuss
allowing local transit authorities
Y their joint powers agreement and
Diane Harberts, the
is you may have.
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SOUTHWEST METRO TRANSIT
8080 Mitchell Aosd, Suite 104, Eden hwde, MN 55344
MEMORANDUM
TO: Don Ashworth, City Manager
City of Chanhassen
FROM: Diane R. Harberts, Executive Director
DATE: May 24 1996
SUBJECT: LOCAL TRANSIT TAX LEVY OPTION AND
JOINT POWERS AGREEMENT AMENDMENT
Over the past few weeks, Southwest Metro Staff has met with your staff and Chanhassen Council
members regarding the proposed Local Transit Tax Levy Option and the new opportunities it
provides for greater local control and accountability for the transit in this area. The Southwest
Metro Transit Commission is excited about the potential this new legislation offers to provide for
stable revenues and growth opportunities to serve the still- growing populations in these three
communities.
As we discussed during those meetings, it is Southwest Metro's intent to make a transition process
as smooth as possible for our member cities. Therefore, we have worked with our legal, public
finance, and government consultants to prepare the documentation necessary to make this a smooth
transition for the cities and Southwest Metro.
Please find attached a copy of the resolution to be adopted by the Southwest Metro Transit
Commission at its meeting on May 30, 1996. The resolution recommends that the cities of
Chanhassen, Chaska, and Eden Prairie, participate in the new local transit tax levy option (also
known as the Suburban Transit Association Bill) and provides for the minor amendments needed
to the Joint Powers Agreements to effect that change.
Also enclosed for your information is a Summary Report about the impact of the new legislation, a
copy of the legislation in its final fom, and the Joint Powers Agreement with the two changes
needed highlighted on pages 1 and 7 of the Agreement.
The last document attached is a resolution for the City of Chanhassen's action which notifies the
Commissioner of Revenue and the Metropolitan Council of the City's intent to participate in this
new local transit tax levy option and adopts the amendments to the Joint Powers Agreement.
Southwest Metro is recommending that each of its member cities adopt this resolution to
implement the notifications and amendments for the new local transit tax levy process.
Phone 612.934.7928
FAX 612.949.8542
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AJoint Powers Agreement by and between the cities of Chanhassen, Ckaska, and Eden Prairie.
' SOUTHWEST METRO TRANSIT COMMISSION
RESOLUTION #96 -12
RESOLUTION RECOMMENDING EXERCISE
OF LOCAL TRANSIT TAX LEVY OPTION
FOR TAXES PAYABLE IN 1997
' AND AMENDMENT TO JOINT POWERS AGREEMENT
' WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local
Levy Option Act'), allows the Cities of Eden Prairie, Chanhassen and Chaska to make a
local transit tax levy in lieu of receiving assistance from the Metropolitan Council under
Minnesota Statutes, Section 473.388, Subdivision 4; and
WHEREAS, said local transit tax levy will replace a similar transit tax levy which
would otherwise be made by the Metropolitan Council; and
' WHEREAS, in order to effectively exercise the local transit tax levy option, it is
necessary that each of the Cities of Eden Prairie, Chanhassen and Chaska (a) notify the
' State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes
before July 1 of each levy year and to include in the notification the amount of the City's
proposed transit tax for the levy year, and (b) agree to amend the Joint Powers Agreement
' (the "Joint Powers Agreement's pursuant to which the Southwest Metro Transit
Commission (the "Commission ") was established to provide for payment to the
Commission of the transit tax revenues derived from the levy as is currently provided for
the payment of all other assistance received by each City pursuant to Minnesota Statutes,
' Sections 473.384 and 473.388; and
WHEREAS, staff of the Commission has caused to be prepared and there are on
file in the offices of the Commission (a) a proposed resolution to be adopted by each of the
City Councils of the Cities of Eden Prairie, Chanhassen and Chaska, respectively (the
"Proposed City Council Resolution "), and (b) a proposed amendment to the Joint Powers
Agreement in the form of a Second Restated Joint Powers Agreement (the "Proposed Joint
Powers Agreement Amendment") to be executed on behalf of each of said Cities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
' Southwest Metro Transit Commission as follows:
1. It is hereby recommended that each of the Cities of Eden Prairie,
' Chanhassen, and Chaska (a) declare its intention to exercise the local transit tax levy option
for taxes payable in 1997 in the maximum amount permitted by the Local Levy Option Act
and (b) amend the Joint Powers Agreement to take into account such local transit tax levy,
all in accordance with the Proposed City Council Resolution and proposed Joint Powers
Agreement Amendment.
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2. The Executive Director of the Commission is authorized and directed to
forward to the City Councils of Cities of Eden Prairie, Chanhassen and Chaska a copy of
this Resolution together with a copy of the Propo '21 City Council Resolution and
Proposed Joint Powers Agreement Amendment.`
W Ileen Dockendorf, Chair
ATTEST:
Diane Harberts, Executive Director
May 23, 1996
b) SOUTHWEST METRO TRANSIT Phone 612.934.7928
8080 Mitchell Road, Suite 104, Eden Prairie, MN 55344 FAX 612.949.8542
SUMMARY REPORT:
' SUBURBAN TRANSIT ASSOCIATION LEGISLATION
' BACKGROUND
' The Suburban Transit Association (STA) was formed in late 1995 to develop and propose
legislation that would further the causes of replacement transit (opt -out) services. Member-
ship in the STA consists of eleven of the twelve opt -out cities served by opt -out transit
' service. These cities include: Chanhassen, Chaska, and Eden Prairie of SOUTHWEST
METRO TRANSIT; Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage
of MINNESOTA VALLEY TRANSIT; Plymouth of PLYMOUTH METRO LINK, and
' Shakopee. (Maple Grove chose not to join the STA.)
In 1996, the STA proposed legislation that revises the statutes (MS 473.388) by which opt -
out transit systems are governed, particularly with respect to local levy authority and receipt
of tax collections. Previously, the transit tax levy was levied and received by the Metro-
politan Council. The Metropolitan Council would then provide funds to the opt -outs based
on set policies and funding formulas.
' Through its legislative efforts in 1996, the STA was successful in changing this relation-
ship. The bill signed by the Governor leaves the Metropolitan Council in its regional
' policy- making role for the regional transit systems. However, it changes the funding
relationship by allowing the opt -out transit authorities to have more direct control over the
local transit funds. This is accomplished by eliminating the Metropolitan Council from the
levy process and transferring the local levy authority to the local opt -out communities.
Of significance to the local opt -out communities, the STA was cautious in the drafting of
the language such that there will be no net increase in local property taxes. Rather, the
' transit tax would simply transfer from the Metropolitan Council to the local community.
There will be no change to the "bottom line" on property tax statements, only line -item
changes.
' jiOW F UNDING WORKED BEFORE THE STA BILL
In the past, the Metropolitan Council levied two metro-wide transit property taxes. One
was for transit operations and the other was for retirement of debt service on regional
transit capital improvement bonding. (The debt service levy is not impacted by this
legislation.) The tax for transit operations was levied within the established "Transit
Taxing District, an area defined by law that includes much of the built up and developing
seven county metro area
' The majority of the district is taxed at the same rate; however, some outer ring suburbs
receiving less than full service are taxed at a lesser rate. This lesser rate is defined as a
"feathered", or protected, rate. Each opt -out system was eligible for up to 90% of the
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STA Legislation 2 May 23, 1996 1
locally generated regional transit operations levy (as modified by "feathering') for local ,
transit system operations. The remaining 10 was retained by the Metropolitan Council
for other regional transit services. The regional transit system also received state and '
federal appropriations for transit operations, but the opt -out systems were not allowed to
access these funds. The revenue streams for opt -out transit systems were comprised of
two main sources: Fare box revenues and up to 90% of the levy by the Metropolitan
Council. '
FUNDING ISSUES BEFORE & AFTER STA BILL
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Over the years, accessing available funds has been an administratively costly, time -
consuming, and burdensome process. Approximately $100,000 per year was spent by
Southwest Metro Transit in its efforts to gain access to funds from the Metropolitan
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Council. Following are examples.
Metropolitan Council Budget Review Process
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The Metropolitan Council's review process, seemingly a micro - management process,
caused opt -outs to spend time on extra reports and attendance and presentations at multiple
committee meetings. This often caused serious cash flow problems because of delays in
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approval and, therefore, delay in receipt of funds, and subsequent delay in payment of
vendors.
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The annual budget review and approval included detailed review of each expenditure by
line item and review and inspection of each contract for services purchased by an opt -out
agency. In the event budgets changed by five (5) percent, a budget amendment was
required The opt -out was then required to go through the entire budget process for such
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amendments. (This would be like the cities justifying each line item of their budgets to the
Metropolitan Council and taking back to the Metropolitan Council any item which changed
by five (5) percent, or more.)
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The STA legislation terminates the need for this level of review and places budget approval
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the hands of the governing board of the opt -out (similar to the city budget process with
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its city council).
Access to Budget Carrvover Funds,
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Carryover funds are unanticipated and unspent property tax transit revenues received at the
end of the year (similar to what happens to cities). A growing point of contention each year
was the opt- out's access to the carryover funds. The policy of the Metropolitan Council
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was that 50 percent of the carryover funds each year were kept by the Metropolitan Council
for its transit purposes and 50 percent was credited to the opt -out system's account. Opt-
outs were required to "apply foe" the funds through Metropolitan Council procedures —sort
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of a miniature budget process. Often, the requests for use of the funds were denied
In 1994, the Metropolitan Council required the opt -outs, to help fund a $2.65 million '
MCTO (formally MTC) shortfall. The funds were taken away from the opt -out carryover
funds without the approval or knowledge of the opt -out systems. There were no meetings
to discuss this, nor any attempts made by the Metropolitan Council to consider the impact '
of such huge deductions form the relatively small opt -out systems.
STA legislation allows for full access to these funds by the opt -outs. '
' STA Legislation 3 May 23, 1996
Federal_ & State Funds for Transit
' The federal climate for transit funding has been rather chilly for transit. Metropolitan transit
operations are seeing large cutbacks in their federal grants and other resources. In addition,
the state has not adequately replaced the federal funds. This has placed tremendous
pressure on opt -out funds by the Metropolitan Council. As owners and operators of the
' Metropolitan Council Transit Operations (MCTO) transit agency, the Metropolitan Council
is facing service level cuts, increasing costs, and decreasing fare revenues. This has made
opt -out funding very attractive.
' The STA legislation removes this threat, allowing all the transit levy dollars to stay within
the communities paying them.
The opt -out systems believe the STA legislation was necessary to protect their ability to
provide service in their communities, and to continue to meet the growing needs in those
communities. It guarantees a stable revenue source and permits more local control and
accountability.
STEPS CITIES /SMTC NEED TO TAKE,
The fast year that this new system may be implemented is 1997. Southwest Metro has
diligently researched the transition process necessary to implement this change. Following
are the steps needed to complete the process:
1. The SMTC annually adopts a resolution recommending approval of the new
process and asking the three member cities to adopt and participate in the new
levying process.
2. The three member cities provide approval annually through a resolution which
notifies the Metropolitan Council and Commissioner of Review of the desire to
participate in the new levying process and which approves a minor amendment to
the Joint Powers Agreement to reflect the changes in the statutes.
3. SMTC generates levy data (88% of locally generated transit property tax) for
member cities to use in "Truth in Taxation" statements to property owners and
works with cities/counties to produce an explanatory statement noting the shift of
levy responsibility from Metropolitan Council to City and noting NO TAX
INCREASE.
4. The Metropolitan Council reports remaining 12% of locally generated transit
property tax on its portion of "Truth in Taxation" statements to property owners.
5. Public hearing processes are coordinated with three member cities.
CITY SMTC R ELATIONSHIP
' Some key features are included in the STA legislation to help cities and opt -out transit
agencies with this new process. These include:
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STA Legislation 4 May 23, 1996
• Opportunity for cities to include a separate notice in the "Truth in Taxation" notices
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explaining the shift in levy responsibility ( #3, above).
• The local transit levy would NOT count toward any levy limits currently imposed on
any city, or that may be imposed, unless the law specifically includes reference to the
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transit tax.
• Cities would be required to levy, at a minimum, an amount sufficient to maintain the
existing level of transit service provided by the opt -out in the previous year.
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• Each year, the amount of taxes eligible for collection under the local levy option would
be increased by each city's market value adjustment ratio to assure growth in the
revenue stream as long as the market value adjustment ratio continues to grow. The
intention is to ensure that the local levy would be comparable to the levy exercised by
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the Metropolitan Council in the event the local levy option was not chosen.
• Because the STA legislation was not intended to be a mechanism for property tax relief,
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if a city levies less than 88 percent, the difference would be sent to the Metropolitan
Council, resulting in a loss of tax revenues to the local community.
• The opt -out (SMTC) is required to hold the collections in a separate fund known as the
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"replacement transit fund" and to use the collections only for the payment of the
operating and capital expenditures for transit and other related activities.
• Upon agreement to levy a greater amount for a specific purpose (i.e. bonds) the
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collections may also be used for the debt service of such bonds issued by the cities for
transit related purposes.
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Southwest Metro staff and consultants are available to answer any questions you may have
on this new process. The goal is to make this as smooth a transition as possible for the
three communities and for Southwest Metro.
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Please contact Diane Harberts, Executive Director of Southwest Metro Transit Commis-
sion, at 9347928, if you have any questions, or would like to meet to discuss the new
legislation.
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CHAPTER No. 455
S.F. No. 2702
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Section 8 is effective the day followinq final enactment.
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Sections 9 and 10 are effective January 1, 1997, and are
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repealed June 30, 1999.
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ARTICLE 5
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REPLACEMENT TRANSIT SERVICE
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Section 1. Minnesota Statutes 1995 Supplement, section
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275.065, subdivision 3, is amended to read:
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Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The
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county auditor shall prepare and the county treasurer shall
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deliver after November 10 and on or before November 24 each
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year, by first class mail to each taxpayer at the address listed
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on the county's current year's assessment roll, a notice of
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proposed property taxes and, in the case of a town, final
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property taxes.
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(b) The commissioner of revenue shall prescribe the form of
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the notice.
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(c) The notice must inform taxpayers that it contains the
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amount of property taxes each taxing authority other than a town
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proposes to collect for taxes payable the following year and,
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for a town, the amount of its final levy. It must clearly state
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that each taxing authority, including regional library districts
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established under section 134.201, and including the
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metropolitan taxing districts as defined in paragraph (i), but
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excluding all other special taxing districts and towns, will
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hold a public meeting to receive public testimony on the
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proposed budget and proposed or final property tax levy, or, in
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case of a school district, on the current budget and proposed
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property tax levy. It must clearly state the time and place of
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each taxing authority's meeting and an address where comments
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will be received by mail.
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(d) The notice most state for each parcel:
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(1) the market value of the property as determined under
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section 273.11, and used for computing property taxes payable in
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the following year and for taxes payable in the current year;
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and, in the case of residential property, whether the property
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is classified as homestead or nonhomestead. The notice must
Article 5 Section 1 46
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S.F. No. 2702
1 clearly inform taxpayers of the years to which the market values
2 apply and that the values are final values;
3 (2) by county, city or town, school district excess
4 referenda levy, remaining school district levy, regional library
5 district, if in existence, the total of the metropolitan special
6 taxing districts as defined in paragraph (i) and the sum of the
7 remaining special taxing districts, and as a total of the taxing
8 authorities, including all special taxing districts, the
9 proposed or, for a town, final net tax on the property for taxes
10 payable the following year and the actual tax for taxes payable
11 the current year. For the purposes of this subdivision, "school
12 district excess referenda levy" means school district taxes for
13 operating purposes approved at referendums, including those
14 taxes based on net tax capacity as well as those based on market
15 value. "School district excess referenda levy" does not include
16 school district taxes for capital expenditures approved at
17 referendums or school district taxes to pay for the debt service
18 on bonds approved at referenda. In the case of the city of
19 Minneapolis, the levy for the Minneapolis library board and the
20 levy for Minneapolis park and recreation shall be listed
21 separately from the remaining amount of the city's levy. In the
22 case of a parcel where tax increment or the fiscal disparities
23 areawide tax applies, the proposed tax levy on the captured
24 value or the proposed tax levy on the tax capacity subject to
25 the areawide tax must each be stated separately and not included
26 in the sum of the special taxing districts; and
27 (3) the increase or decrease in the amounts in clause (2)
28 from taxes payable in the current year to proposed or, for a
29 town, final taxes payable the following year, expressed as a
30 dollar amount and as a percentage.
31 (e) The notice must clearly state that the proposed or
32 final taxes do not include the following:
33 (1) special assessments;
34 (2) levies approved by the voters after the date the
35 proposed taxes are certified, including bond referenda, school
36 district levy referenda, and levy limit increase referenda;
Article 5 Section 1 47
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S.F. No. 2702
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(3) amounts necessary to pay cleanup or other costs due to
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a natural disaster occurring after the date the proposed taxes
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are certified;
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(4) amounts necessary to pay tort judgments against the
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taxing authority that become final after the date the proposed
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taxes are certified; and
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(5) the contamination tax imposed on properties which
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received market value reductions for contamination.
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(f) Except as provided in subdivision 7, failure of the
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county auditor to prepare or the county treasurer to deliver the
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notice as required in this section does not invalidate the
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proposed or final tax levy or the taxes payable pursuant to the
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tax levy.
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(g) If the notice the taxpayer receives under this section
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lists the property as nonhomestead and the homeowner provides
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satisfactory documentation to the county assessor that the
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property is owned and has been used as the owner's homestead
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prior to June 1 of that year, the assessor shall reclassify the
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property to homestead for taxes payable in the following year.
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;h) In the case of class 4 residential property used as a
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residence for lease or rental periods of 30 days or more, the
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taxpayer must either:
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(1) mail or deliver a copy of the notice of proposed
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property taxes to each tenant, renter, or lessee; or
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(2) post a copy of the notice in a conspicuous place on the
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premises of the property.
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The notice must be mailed or posted by the taxpayer by
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November 27 or-within three days of receipt of the notice,
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whichever is later. A taxpayer may notify the county treasurer
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of the address of the taxpayer, agent, caretaker, or manager of
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the premises to which the notice must be mailed in order to
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fulfill the requirements of this paragraph.
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(i) For purposes of this subdivision, subdivisions Sa and
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6, "metropolitan special taxing districts" means the following
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taxing districts in the seven — county metropolitan area that levy
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a property tax for any of the specified purposes listed below:
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1 (1) metropolitan council under section 473.132, 473.167,
2 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834;
3 (2) metropolitan airports commission under section 473.667,
4 473.671, or 473.672; and
5 (3) metropolitan mosquito control commission under section
6 473.711.
7 (j) For taxes levied in 1996, payable in 1997 only, in the
8 case of a statutory or home rule charter city or town that
9 exercises the local levy option provided in section 473.388,
10 subdivision 7, the notice of its proposed taxes may include a
11 statement of the amount by which its proposed tax increase for
12 taxes pavable in 1997 is attributable to its exercise of that
13 option, together with a statement that the levy of the
14 metropolitan council was decreased by a similar amount because
15 of the exercise of that option.
16 For purposes of this section, any levies made by the
17 regional rail authorities is the county of Anoka, Carver,
18 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
19 398A shall be included with the appropriate county's levy and
20 shall be discussed at that county's public hearing.
21 Sec. 2. Minnesota Statutes 1995 Supplement, section
22 275.065, subdivision 6, is amended to read:
23 Subd. 6. (PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.)
24 Between November 29 and December 20, the governing bodies of the
25 city, county, metropolitan special taxing districts as defined
26 in subdivision 3, paragraph (i), and regional library districts
27 shall each hold a public hearing to discuss and seek public
28 comment on its final budget and property tax levy for taxes
29 payable in the following year, and the governing body of the
30 school district shall hold a public hearing to review its
31 current budget and proposed property tax levy for taxes payable
32 in the following year. The metropolitan special taxing
33 districts shall be required to hold only a single joint public
34 hearing, thq location of which will be determined by the
35 affected metropolitan agencies.
36 At a subsequent hearing, each county, school district,
Article 5 . Section 2 49
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CHAPTER No. 455
S.F. No. 2702
1 city, and metropolitan special taxing district may amend its
2 proposed property tax levy and must adopt a final property tax
3 levy. Each county, city, and metropolitan special taxing
4 district may also amend its proposed budget and must adopt a
5 final budget at the subsequent hearing. A school district is
6 not required to adopt its final budget at the subsequent
7 hearing. The subsequent hearing of a taxing authority must be
8 held on a date subsequent to the date of the taxing authority's
9 initial public hearing, or subsequent to the date of its
10 continuation hearing if a continuation hearing is held. The
11 subsequent hearing may be held at a regularly scheduled board or
12 council meeting or at a special meeting scheduled for the
13 purposes of the subsequent hearing. The subsequent hearing of a
14 taxing authority does not have to be coordinated by the county
15 auditor to prevent a conflict with an initial hearing, a
16 continuation hearing, or a subsequent hearing of any other
17 taxing authority. All subsequent hearings must be held prior to
18 five working days after December 20 of the levy year.
19 The time and place of the subsequent hearing must be
20 announced at the initial public hearing or at the continuation
21 hearing.
22 The property tax levy certified under section 275.07 by a
23 city, county, metropolitan special taxing district, regional
24 library district, or school district must not exceed the
25 proposed levy determined under subdivision 1, except by an
26 amount up to the sum of the following amounts:
27 (1) the amount of a school district levy whose voters
28 approved a referendum to increase .taxes - under. section 124.82,
29 subdivision 3, 124A.03, subdivision 2, 124B.03, subdivision 2,
30 or 136C.411, after the proposed levy was certified;
31 (2) the amount of a city or county levy approved by the
32 voters after the proposed levy was certified;
33 (3) the amount of a levy to pay principal and interest on
34 bonds issued or approved by the voters under section 475.58
35 after the proposed levy was certified;
36 (4) the amount of a levy to pay costs due to a natural
Article 5 Section 2 So.
CHAP'T'ER No. 455
S.F. No. 2702
1 disaster occurring after the proposed levy was certified, if
2 that amount is approved by the commissioner of revenue under
3 subdivision 6a;
4 (5) the amount of a levy to pay tort judgments against a
5 taxing authority that become final after the proposed levy was
6 certified, if the amount is approved by the commissioner of
7 revenue under subdivision 6a;
8 (6) the amount of an increase in levy limits certified to
9 the taxing authority by the commissioner of children, families,
10 and learning or the commissioner of revenue after the proposed
11 levy was certified; and
12 (7) the amount required under section 124.755.
13 At the hearing under this subdivision, the percentage
14 increase in property taxes proposed by the taxing authority, if
15 any, and the specific purposes for which property tax revenues
16 are being increased must be discussed.
17 During the discussion, the governing body shall hear
18 comments regarding a proposed increase and explain the reasons
19 for the proposed increase. The public shall be allowed to speak
20 and to ask questions. At the subsequent hearing held as
21 provided in this subdivision, the governing body, other than the
22 governing body of a school district, shall adopt its final
23 property tax levy prior to adopting its final budget.
24 If the hearing is not completed on its scheduled date, the
25 taxing authority must announce, prior to adjournment of the
26 hearing, the date, time, and place for-the continuation of the
27 hearing. The continued hearing must be held at least five
28 business days but no more than 14 business days after the
29 original hearing.
30 The hearing must be held after 5:00 p.m. if scheduled on a
31 day other than Saturday. No hearing may be held on a Sunday.
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32 The goverping body of a county shall hold a hearing on the
33 second Tuesday in December each year, and may hold additional
34 hearings on other dates before December 20 if necessary for the
35 convenience of county residents. If the county needs a
36 continuation of its hearing, the continued hearing shall be held
Article 5 Section 2 51
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S.F. No. 2702
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on the third Tuesday in December. If the third Tuesday in
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December falls on December 21, the county's continuation hearing
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shall be held on Monday, December 20. The county auditor shall
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provide for the coordination of hearing dates for all cities and
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school districts within the county.
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The metropolitan special taxing districts shall hold a
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joint public hearing on the first Monday of December. A
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continuation hearing, if necessary, shall be held on the second
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Monday of December.
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By August 10, each school board and the board of the
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regional library district shall certify to the county auditors
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of the counties in which the school district or regional library
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district is located the dates on which it elects to hold its
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hearings and any continuations. If a school board or regional
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library district does not certify the dates by August 10, the
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auditor will assign the hearing date. The dates elected or
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assigned must not conflict with the hearing dates of the county
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or the metropolitan special taxing districts. By August 20, the
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county auditor shall notify the clerks of the cities within the
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county of the dates on which school districts and regional
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library districts have elected to hold their hearings. At the
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time a city certifies its proposed levy under subdivision 1 it
'
23
shall certify the dates on which it elects to hold its hearings
24
and any continuations. The city must not select dates that
25
conflict with the county hearing dates, metropolitan special
'
26
taxing district dates, or with those elected by or assigned to
27
the school districts or regional library district in which the
'
28
city is located.
29
The county hearing dates and the city, metropolitan special
30
taxing district, regional library district, and school district
31
hearing dates must be designated on the notices required under
t 32
subdivision 3. The continuation dates need not be stated on the
33
notices.
'
34
This subdivision does not apply to towns and special taxing
35
districts other than regional library districts and metropolitan
'
36
special taxing districts.
_ (�
Article 5 Section 2 _ 52
CHAPTER No. 455
S.F. No. 2702
1 Notwithstanding the requirements of this section, the
2 employer is required to meet and negotiate over employee
3 compensation as provided for in chapter 179A.
4 Sec. 3. Minnesota Statutes 1994, section 473.388,
5 subdivision 5, is amended to read:
6 Subd. 5. [OTHER ASSISTANCE.) A city or town receiving
7 assistance or levyinq a transit tax under this section may also
8 receive assistance from the council under section 473.384. In
9 applying for assistance under that section an applicant must
10 describe the portion of the its available local transit funds or
11 local transit taxes which are not obligated to subsidize its
12 replacement transit service and which the applicant proposes to
13 use to subsidize additional service. An applicant which has
14 exhausted its available local transit funds or local transit
15 taxes may use any other local subsidy funds to complete the
16 required local share.
17 Sec. 4. Minnesota Statutes 1994, section 473.388, is
18 amended by adding a subdivision to read:
19 Subd. 7. [LOCAL LEVY OPTION.) (a) A statutory or home rule
20 charter city or town that is eliqible for assistance under this
21 section, in lieu of receivinq the assistance, may levy a tax for
22 payment of the operatinq and capital expenditures for transit
23 and other related activities and to provide for payment of
24 obliqations issued by the municipality for such purposes,
25 provided that the tax must be sufficient to maintain the level
26 of transit service provided in the municipality in the previous
27 year.
28 (b) The transit tax revenues derived by the municipality
29 may not exceed:
30 (1) for the first transit levy year and any subsecuent
31 transit levy year immediately followinq a year in which the
32 municipality declines to make the levy, the maximum available
33 local transit funds for the municipality for taxes payable in
34 the current year under section 473.446, calculated as if the
35 percentage of transit tax revenues for the municipality were 88
36 percent instead of 90 percent, and multiplied by the
Article 5
Section 4 53
II
CHAPTER No. 455
S.F. No. 2702
1
municipality's market value adjustment ratio; and,
2
(2) for taxes levied in any year that immediately follows a
3
year in which the municipality elects to levy under this,
4
subdivision, the maximum transit tax that the municipality ma7
5
have levied in the previous year under this subdivision,
6
multiplied by the municipality's market value adjustment ratio.
'
7
The commissioner of revenue shall certify the
8
municipality's levy limitation under this subdivision to the
'
9
municipality by June 1 of the levy year. The tax must be
1 10
accumulated and kept in a separate fund to be known as the,
U l
"replacement fund. ",
transit
12
(c) To enable the municipality to receive revenues
'
13
described in clauses (V and (3) of the definition of "tax
14
revenues" in subdivision 4, that would otherwise be lost if the
'
15
municipality's transit tax levy was not treated as a successor,
16
levv to that made by the council under section 473.446:,
17
(1) in the first transit levy year and anv subsequent,
18
transit levy year immediately followinq a year in which the
'
19
municipality declined to make the levy, 88 percent of the,
20
council's nondebt spread levy for the current taxes payable year
21
shall be treated as levied by the municipality, and not the
22
council, for purposes of section 473F.08, subdivision 3, for the,
'
23
purpose of determining its local tax rate for the preceding
24
year; and
25
(2) 88 percent of the revenues described in clause (3) of
26
the definition of "tax revenues" in subdivision 4, payable in
27
the first transit levv year, or payable in any subsequent,
'
28
transit levy year followinq a year in which a municipality
29
declined to make the levy, shall be permanently transferred from
30
the council to the municipality. If a municipality levies a tax
31
under this subdivision in one' year, but declines to levy in a
'
32
subsequent year, the aid transferred under this clause shall be,
33
transferred back to the council.,
'
34
(d) Anv transit taxes levied under this subdivision are not
35
subject to, or counted towards, any limit hereafter imposed by
36
law on the levv of taxes upon taxable property within any
Article 5 Section 4 54
CHAPTER No. 455
S.F. No. 2702
1
municipality unless the law specifically includes the transit
2
tax.
3
(e) This subdivision is consistent with the transit
4
redesign Plan. Eliqible municipalities oDtinc to levy the
5
transit tax under this subdivision shall continue to meet the
6
regional performance standards established by the council.
7
(f) Within the designated Americans with Disabilities Act
8
area, metro mobility remains the obligation of the state.
9
(q) For Durposes of this subdivision, "transit levy year"
10
is any year in which the municipality elects to levy under this
11
subdivision.
12
(h) A municipality may not levy taxes under this
13
subdivision in any year unless it notifies the council and the
14
commissioner of revenue of its intent to levy before July 1 of
V3�
J
� 5
the levy year. The notification must include the amount of the
16
municinalitv's Proposed transit tax for the current levy year.
17
Sec. 5. Minnesota Statutes 1995 Supplement, section
18
473.446, subdivision 1, is amended to read:
19
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
20
For the purposes of sections 473.405 to 473.449 and the
21
metropolitan transit system, except as otherwise provided in
22
this subdivision and subdivision lb, the council shall levy each
23
year upon all taxable property within the metropolitan transit
24
taxing district, defined in subdivision 2, a transit tax
25
consisting of:
26
(a) an amount which shall be used for payment of the
27
expenses of operating transit and paratransit service and to
28
provide for payment of obligations issued by the council under
29
section 473.436, subdivision 6;
30
(b) an additional amount, if any, the council determines to
31
be necessary to provide for the full and timely payment of its
32
certificates of indebtedness and other obligations outstanding
33
on July 1, 1985, to which property taxes under this section have
34
been pledged; and
35
(c) an additional amount necessary to provide full and
36
timely payment of certificates of indebtedness, bonds, including
Article
5 Section 5 55
CHAP'T'ER No. 455
S.F. No. 2702
1 refunding bonds or other obligations issued or to be issued
2 under section 473.39 by the council for purposes of acquisition
3 and betterment of property and other improvements of a capital
4 nature and to which the council has specifically pledged tax
5 levies under this clause.
6 The property tax levied by the council for general purposes
7 under a +eese paragraph (a) must not exceed the following amount
8 for the years specified:
9 (1) for taxes payable in 1995, the council's property tax
10 levy limitation for general transit purposes is equal to the
11 former regional transit board's property tax levy limitation for
22 general transit purposes under this subdivision, for taxes
13 payable in 1994, multiplied by an index for market valuation
14 changes equal to the total market valuation of all taxable
15 property located within the metropolitan transit taxing district
16 for the current taxes payable year divided by the total market
17 valuation of all taxable property located within the
18 metropolitan transit taxing district for the previous taxes
19 payable year; and
20 (2) for taxes payable in 1996 and subsequent years, the
21 product of (i) the council's property tax levy limitation for
22 general transit purposes for the previous year determined under
23 this subdivision before reduction by the amount levied by any.
24 municipality in the previous year under section 473.388,,
25 subdivision 7, multiplied by (ii) an index for market valuation
26 changes equal to the total market valuation of all taxable
27 property located within the metropolitan transit taxing district
28 for the current taxes payable year divided by the total market
29 valuation of all taxable property located within the
30 metropolitan transit taxing district for the previous taxes
31 payable year, minus the amount levied by any municipality in the
32 current levy year under section 473.388, subdivision 7.
33 The portion of the property tax levy for transit district,
34 operatinq purposes attributable to a municipality that has,
35 exercised a local levy option under section 473.388, subdivision
36 7, is the amount as determined under subdivision lb. The,
i
Article 5 Section 5 56
CHAPTER No. 455
S.F. No. 2702
1 portion of the property tax levy for transit district operating
2 purposes attributable to the remaininq municipalities within the
3 transit district is found by subtracting the portions
4 attributable to the municipalities that have exercised a local
5 levy option under section 473.388, subdivision 7.
6 For the taxes payable year 1995, the index for market
7 valuation changes shall be multiplied by an amount equal to the
8 sum of the regional transit board's property tax levy limitation
9 for the taxes payable year 1994 and $160,665. The $160,665
10 increase shall be a permanent adjustment to the levy limit base
11 used in determining the regional transit board's property tax
12 levy limitation for general purposes for subsequent taxes
13 payable years.
14 For the purpose of determining the council's property tax
15 levy limitation for general transit purposes under this
16 subdivision, "total market valuation" means the total market
17 valuation of all taxable property within the metropolitan
18 transit taxing district without valuation adjustments for fiscal
19 disparities (chapter 473F), tax increment financing (sections
20 469.174 to 469.179), and high voltage transmission lines
21 (section 273.425).
22 The county auditor shall reduce the tax levied pursuant to
23 this subdivisien section and section 473.388 on all property
24 within statutory and home rule charter cities and towns that
25 receive full -peak service and limited off -peak service by an
26 amount equal to the tax levy that would be produced by applying
27 a rate of 0.510 percent of net tax capacity on the property.
28 The county auditor shall reduce the tax levied pursuant to
29 this gubdivisiea section and section 473.388 on all property
30 within statutory and home rule charter cities and towns that
31 receive limited peak service by an amount equal to the tax levy
32 that would be produced by applying a rate of 0.765 percent of
33 net tax capacity on the property. The amounts so computed by
34 the county auditor shall be submitted to the commissioner of
35 revenue as part of the abstracts of tax lists required to be
36 filed with the commissioner under section 275.29. Any prior
Article 5 Section 5 57
i
'
CHAPTER No. 455
S.F. No. 2702
1
year adjustments shall also be certified in the abstracts of tax
2
lists. The commissioner shall review the certifications to
3
determine their accuracy and may make changes in the
4
certification as necessary or return a certification to the
'
5
county auditor for corrections. The commissioner shall pay to
6
the council and to the municipalities levvina under section,
'
7
473.388, subdivision 7, the amounts certified by the county
8
auditors on the dates provided in section 273.1398, apportioned
'
9
between the council and the municipalit*r in the same proportion
10
as the total transit levy is apportioned within the,
'
11
municipality. There is annually appropriated from the general
12
fund in the state treasury to the department of revenue the
'
13
amounts necessary to make these payments.
14
For the purposes of this subdivision, "full -peak and
'
15
limited off -peak service means peak period regular route
16
service, plus weekday midday regular route service at intervals
'
17
longer than 60 minutes on the route with the greatest frequency;
18
and "limited peak period service" means peak period regular
'
19
route service only.
20
For the purposes of property taxes payable in the following
'
21
year, the council shall annually determine which cities and
22
towns qualify for the 0.510 percent or 0.765 percent tax
23
capacity rate reduction and shall certify this list to the
'
24
county auditor of the county wherein such cities and towns are
25
located on or before September 15. No changes may be made to
'
September 15.
26
the annual list after
27
Sec. 6. Minnesota Statutes 1994, section 473.446, is
'
28
amended by adding a subdivision to read:
29
Subd. lb. [DEDUCTION OF LOCAL TRANSIT LEW_ FOR ELIGIBLE
'
30
MUNICIPALITIES.] (a) The maximum the council may levy for,
31
general purposes under subdivision 1, paragraph (a), upon
'
32
taxable property within a municipality levyinq taxes under,
33
section 473.388, subdivision 7, is the combined transit tax
34
levied within the municipality in the previous year under,
35
subdivision 1 and section 473.388, subdivision 7, multiplied by
'
36
the municipality's market value ad^ustment ratio, minus the
Article 5 Section 6 58
CHAPTER, No. 455
S.F. No. 2702
1 amount to be levied by the municipalitv under section 473.388,
2 subdivision 7, for the current lev7 year.
3 (b) For purposes of this subdivision:
4 (1) "municipality" means a municipality levvina taxes under
5 section 473.388, subdivision 7, for replacement transit service;
6 (2) "market value adiustment ratio" means the index for
7 market valuation chances described in this section, as applied
8 to individual municipalities; and
9 (3) "tax revenues" has the meaninq qiven the term in
10 section 473.388, subdivision 4.
11 Sec. 7. Minnesota Statutes 1995 Supplement, section
12 473.446, subdivision 8, is amended to read:
13 Subd. 8. [STATE REVIEW.] The commissioner of revenue.shall
14 certify the council's levy limitation under this section to the
15 council by August 1 of the levy year. The council must certify
16 its proposed property tax levy under this section to the
17 commissioner of revenue by September 1 of the levy year. The
18 commissioner of revenue shall annually determine whether the
19 property tax for transit purposes certified by the council for
20 levy following the adoption of its proposed budget is within the
21 levy limitation imposed by sebdivisien subdivisions 1 and lb .
22 The commissioner shall also annually determine whether the
23 transit tax imposed on all taxable property within the
24 metropolitan transit area but outside of the metropolitan
25 transit taxing district is within the levy limitation imposed by
26 subdivision la. The determination must be completed prior to
27 September 10 of each year. If current information regarding
28 market valuation in any county is not transmitted to the
29 commissioner in a timely manner, the commissioner may estimate
30 the current market valuation within that county for purposes of
31 making the calculations.
32 Sec. 8. [APPLICATION.]
33 This article applies in the counties of Anoka, Carver,
34 Dakota, Hennepin, Ramsev, Scott, and Washinqton.
35 Sec. 9. [EFFECTIVE DATE.]
36 Sections 1 to 7 are effective for taxes levied in 1996,
Article 5 Section 9 59
-
CHAPTER No. 455
S.F. No. 2702
1
pavable in 1997 and subsequent years.
2
ARTICLE 6
3
DESIGNATED PARENTS
'
4
Section 1. Minnesota Statutes 1995 Supplement, section
to
5
13.69, subdivision 1, is amended read:
6
Subdivision 1. [CLASSIFICATIONS.] (a) The following
'
7
government data of the department of public safety are private
8
data:
9
(1) medical data on driving instructors, licensed drivers,
10
and applicants for parking certificates and special license
'
11
plates issued to physically handicapped persons;
12
(2) other data on holders of a disability certificate under
13
section'169.345, except that data that are not medical data may
14
be released to law enforcement agencies; and
'
15
(3) social security numbers in driver's license and motor
16
vehicle registration records, except that social security
'
17
numbers must be provided to the department of revenue for
18
purposes of tax administration and the department of labor and
'
19
industry for purposes of workers' compensation administration
20
and enforcement.. - and
21
(4) data on Dersons listed as designated parents under
'
22
section 171.07, subdivision 11, except that the data must be,
23
released to:
'
24
(i) law enforcement agencies for the purpose of verifyinq,
25
that an individual is a desiqnated Darent; or
'
26
(ii) law enforcement agencies who state that the license
27
holder is unable to communicate at that time and that the
'
28
information is necessary for notifvina the desiqnated parent of
29
the need to care for a child of the license holder.,
'
30
(b) The following government data of the department of
31
public safety are confidential data: data concerning an
32
individual's driving ability when that data is received from a
33
member of the individual's family.
'
34
Sec. 2. Minnesota Statutes 1994, section 171.07, is
35
amended by adding a subdivision to read:
'
36
Subd. 11. [DESIGNATED PARENT.] (a) Upon the written
Article 6 Section 2 60
FI RST SECOND RESTATED JOINT POWERS �RE / E b j 6
ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION
(FORMERLY SOUTHWEST AREA TRANSIT COMMISSION)
THIS RESTATED JOINT POWERS AGREEMENT, is made and entered
into this i2th day of 3cY�ogr, 19-94 , 1996 by and
between the Cities of Eden Prairie, Chanhassen, and Chaska, all
being municipal corporations organized under the laws of the
State of Minnesota, pursuant to authority conferred upon the
parties by Minnesota Statutes §174.265, Minnesota Statutes
9473.384, 9473.388, and /or Minnesota Statutes §471.59.
WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen
have completed a Project Study under the Metropolitan Transit
Service Demonstration Program, which was established in 1982 by
the Minnesota Legislature under Minnesota Statutes §174.265;
WHEREAS, the purpose of this study was to test the
efficiency and effectiveness of alternative methods of providing
public transit service for communities that are within the
metropolitan transit taxing district, but that are not adequately
served by existing regular route transit; - and
WHEREAS, each of the parties hereto has entered into a Joint
Powers Agreement and €ire six amendments thereto;
WHEREAS, each of the parties hereto desires to enter into
this First Second Restated Joint Powers Agreement and has,
through the actions of its respective governing bodies, been duly
authorized to enter into this First Restated Joint Powers
Agreement for the purposes hereinafter stated
WHEREAS. Laws of Minnesota 1996, Chanter 455, Section 4,
allows the varties to make a l ocal transit tax levy_ in lieu of
receivincr assistance from the Metropolitan Council under
Minnesota Statutes, _Section 473.38$7-and
WHEREAS. said local transit tax levv will replace a similar
transit tax which would otherwise be made bar the Metropolitan
Council.
NOW THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby
agreed by and between the Cities of Eden Prairie, Chaska, and
Chanhassen, through their respective City Councils, that:
321034.Red
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I
I
' 1. NAME
The Parties hereto hereby create and establish the SOUTHWEST
' METRO TRANSIT COMMISSION.
2. PURPOSE.
' The purpose of this Agreement and the SOUTHWEST METRO
TRANSIT COMMISSION is to (i) provide alternative methods of
providing public transit service for the Cities of Eden Prairie,
' Chanhassen, and Chaska and (ii) contract to provide transit and
transit planning services to other entities, as approved by the
Commission, pursuant to Minnesota Statutes §473.384 and /or
' Minnesota Statutes §473.388 and 471.59.
3. DEFINITIONS.
' a) "Commission" means the organization created by this
Agreement, the full name of which is the "SOUTHWEST
METRO TRANSIT COMMISSION."
' b) "Board means the Board of Commissioners of the
SOUTHWEST METRO TRANSIT COMMISSION.
' c) "Council" means the governing body of a party to this
Agreement.
' d) "Regional Transit Board" (RTB) is the regional transit
board as established by Minnesota Statutes §473.373, or
its successor the Metropolitan Council pursuant to Laws
' of Minnesota 1994, Chapter 628, the Metropolitan
Reorganization Act of 1994.
' e) "Advisory committee" is a committee consisting of the
City Manager or chief Administrator of each party, or
his or her designee, which shall act as an advisory
body to the Board.
f) "Party" means any municipality which has entered into
this Agreement.
' g) "Metropolitan Council" is the regional entity
established by Minnesota Statutes §473.123.
' 4. PARTIES.
The municipalities which are original parties to this
' Agreement are Eden Prairie, Chanhassen, and Chaska. No change in
governmental boundaries, structure, organizational status or
character shall affect the eligibility of any party listed above
321034.Red
' V2 to V1; 5116/96 2
to be represented on the Commission so long as such party
continues to exist as a separate political subdivision.
5. BOARD OF COMMISSIONERS.
a) The governing body of the Commission shall be its Board
which will consist of seven commissioners. Each party
shall appoint two commissioners ( "original
commissioners ") and a seventh commissioner will be
appointed by the parties on a rotating basis as
described below. Class 1, 2 and 3 commissioners must
reside in the City they are appointed to represent.
The Class 4 Commissioner shall reside or maintain a
principal place of business in the City which has
appointed said Commissioner.
b) There shall be four classes of commissioners. The term
of each commissioner in Class 1 shall expire on
December 31, 1987, and every three years thereafter.
The term of each commissioner in Class 2 shall expire
on December 31, 1988, and every three years thereafter.
The term of each commissioner in Class 3 shall expire
on December 31, 1989, and every three years thereafter.
The six original commissioners shall be appointed to
Classes 1 through 3 by draw, provided that no two
commissioners appointed by a party shall be members of
the same class. Two commissioners shall be assigned to
Class 1, two commissioners shall be assigned to Class
2, and two commissioners shall be assigned to Class 3.
A seventh commissioner shall be assigned to Class 4
beginning January 1, 1988. The term of the Class 4
commissioner shall expire on December 31, 1989, and
every two years thereafter. The Class 4 commissioner
shall be appointed by the parties on a rotating basis,
beginning January 1, 1988, with an appointment by the
City of Chaska on January 1, 1990, with the City of
Chanhassen on January 1, 1992, with an appointment by
the City of Eden Prairie, and continuing in a like
pattern thereafter. The successor of each of the
commissioners shall be appointed to the same class as
the successor's predecessor. One commissioner
appointed by each party must include a City Council
member, inclusive of the Mayor, currently serving in
office. A commissioner who is a council member of a
party shall cease to be a commissioner, even if the
term for which the commissioner was appointed has not
expired, if (a) the commissioner ceases to be a member
of the Council of the appointing party, and (b) no
other council member of the appointing party is then a
Class 1, 2 or 3 commissioner. In such event, a council
321034.Red
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I
1
L
n
1
1
1
1
member of the appointing party shall be appointed by
the appointing party to serve the remainder of the term
created by the vacancy.
c) A commissioner may be removed by the party appointing
him /her with or without cause.
d) The commissioners may receive such compensation as is
authorized and established by the Board at its first
meeting of each year.
e) A majority of the members of the Board shall constitute
a quorum of the Board. Attendance by a quorum of the
Board shall be necessary for conducting a meeting of
the Board. The Board may take action at a meeting upon
an affirmative vote of a majority of the quorum, unless
hereinafter specified otherwise.
f) At the organizational meeting or as soon thereafter as
it may be reasonably done, the Board may adopt rules
and regulations governing its meetings. Such rules and
regulations may be amended from time to time at either
a regular or special meeting of the Board provided that
at least ten (10) days prior thereto, notice of the
proposed amendment has been furnished to each member of
the Board. A majority vote of all eligible votes of
the then existing members of the Board shall be
required to adopt any proposed amendment to such rules
and regulations.
g) At the organizational meeting of the Board, and in
January of each year thereafter, the Board shall elect
a chairperson, a vice chairperson, a secretary, a
treasurer, and such other officers as it deems
necessary to conduct its business and affairs. The
duties of the officers shall be designated in the rules
and regulations established by the Board.
6. POWERS AND DUTIES OF THE COMMISSION.
a) General. The commission has the powers and duties to
establish a program pursuant to Minnesota Statutes
§473.384 and /or Minnesota Statutes §473.388 in order to
(i) provide public transit service to serve the
geographic area of the parties; and (ii) to contract to
provide transit and transit planning services to
entities as approved by the Commission. The commission
shall have all powers necessary to discharge its
duties.
' 321034.Red
V2 to V1; 5/16/96 4
■
b) The Commission may acquire, own, hold, use, improve, '
operate, maintain, lease, exchange, transfer, sell, or
otherwise dispose of equipment, property, or property
rights as deemed necessary to carry out the purposes of '
the Commission.
c) The Commission may enter into such contracts with such '
persons or corporations, public or private, to carry
out the purposes of the Commission. The Commission
may, if deemed necessary, contract for and purchase t
such services, equipment, and functions as the Board
deems necessary for the protection of the Commission
and the parties and to implement the provisions of the
plan and program. The Commission shall not enter into '
any contract or incur any obligation in violation of
the provisions of Minnesota Statutes Chapter 475.
d) The Commission may establish bank accounts, both '
savings and checking, as the Board shall from time to
time determine.
e) The Commission may employ an Executive Director, whose
duty shall be to administer policies as established by
the Commission. The Executive Director shall be an
employee of the Commission. Compensation of the
Executive Director shall be established by the Board.
The Commission may enter into employment contracts with
other personnel and may provide for compensation,
insurance, and other terms and conditions that it deems
necessary.
f) The Commission may, in lieu of directly operating a
public transit system or any part thereof, enter into a
contract for management services. The contract may
provide for compensation, incentive fees, the
employment of personnel, and other terms and conditions
that the Commission deems proper.
g) The Commission may sue or be sued.
h) The Commission may accept any gifts, grants, or loans
of money or other property from the United States, the
state, or any person or entity; may enter into any
agreement required in connection therewith; may comply
with any federal or state laws or regulations
applicable thereto; and may hold, use, and dispose of
the money or property in accordance with the terms of
the gift, grant, loan, or agreement.
321034.Red
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I
i)
The Commission shall provide any party with data and
information requested by the party in accordance with
law. The Commission shall, in the development of the
program and implementation thereof, prepare such
reports, either financial or management, as required by
the Regional Transit Board, the Metropolitan Council or
other governmental units.
j)
The Commission shall cause to be made an annual audit
of the books and accounts of the Commission and shall
'
make and file the report to its Members at least once
each year, which report shall contain such information
as good accounting practices require and such further
'
information as required by the Regional Transit Board,
the Metropolitan Council or other governmental units.
k)
The Commission shall maintain books, reports, and
t
records of its business and affairs which shall be
available for and open to inspection by the parties at
all reasonable times.
1)
The Commission may contract to purchase services from
any one of the parties.
'
M)
The Commission may purchase passenger shelters without
prior approval of any of the Councils of the parties to
this Agreement. The commission may, without prior
'
approval of any of the Councils of the parties to this
Agreement. The Commission may, without prior approval
'
of any of the Councils of the parties to this
Agreement, execute an agreement to purchase real estate
for use as Park and Ride lots with the payment of
earnest money not to exceed $5,000.00, provided that
'
the agreement to purchase such real estate is subject
to the approval of the Council of the City in which
such real estate is located.
'
7.
OPERATING COSTS, BUDGET. AND FINANCIAL LIABILITY.
a)
Operatina Costs.
Operating costs shall include all non - capital costs for
the maintenance and operation of the transit system,
including, but not limited to, gasoline, oil,
lubriTants, parts, repairs, labor, and service for any
vehicles employed in such operation; insurance
premiums; salaries and other direct payments for work
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or labor in performance of the services furnished by
the transit system; indirect costs incurred in the
employment of persons for the performance of such
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services, such as taxes, unemployment compensation,
workers' compensation, insurance benefits paid to or
accrued for such employees, and any other costs
attributable to such employment; and any expenses
incurred in connection with contracts for management
services.
b) Budget
The Commission shall have a fiscal year beginning
January 1 and ending December 31. The Executive
Director shall annually prepare an estimated budget for
the next fiscal year including an estimate of capital
expenditures, operating costs, and revenues. Estimated
capital expenditures and operating costs shall be
limited to revenues received pursuant to Minnesota
Statutes §473.384, Minnesota Statutes §473.388, and
Minnesota Statutes §473.39 and estimated revenues to be
received from the operation of the transit system. The
Board shall review and approve or disapprove the
budget. One- twelfth (1/12) of the estimated annual
budget shall constitute the estimated monthly budget.
The estimated annual and monthly budgets may be
adjusted from time to time on the basis of actual
costs incurred or changes in estimated revenue. In the
event of an adjustment of the budget, there shall be
furnished to each party a computation of said
adjustment.
c) Financial Liabilitv.
The primary annual financial contribution to the
Commission of each party shall be equal to the total
amount of assistance which each party receives pursuant
to Minnesota Statutes §473.384 and Minnesota Statutes
§473.388, includin an v local transit tax levied
pursuant to Minnesota Statutes 9437.388, Subdivision 7.
Upon rece an v such assistance, includinc all
revenues derived from an local transit tax, shall be
promptl remitted to the Commi In addition, each
party shall be responsible for annual debts and
obligation of the Commission which exceed annual
revenues in accordance with the following formula.
Each party shall be liable for that percentage of the
total annual debts and obligations which exceed total
annual revenue which is directly proportional to that
party's primary annual financial contribution in
comparison to the total primary annual financial
contribution by all parties to the Commission during
the year in question. The Board shall submit a monthly
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bill to each party for its proportionate share of
actual expenses which exceed actual revenues. At the
end of each fiscal year, each party shall be credited
for any excess payments made by it during the year, or
billed for its proportionate share of actual expenses
which exceed actual revenues for which it had not
previously been billed. Upon receiving a bill from the
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Commission, each party shall remit payment of the same
within 30 days. To the extent that each party is
financially liable pursuant to the above formula, each
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party hereby agrees to indemnify any other party which
for any reason assumes payment of its debts in
connection with the operation of the Commission.
d) Financial Liabilitv Limited.
Notwithstanding anything to the contrary contained in
paragraph 7(c) above, each party's liability under this
contract shall be limited to the extent that it shall
not result in any indebtedness or the incurrence of any
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pecuniary liability for which it shall be necessary to
levy in any year a rate of taxes higher than the
maximum prescribed by law or to do any other thing in
violation of Minnesota Statutes §275.27 or any other
law which shall cause this Agreement to be null and
void. Nothing contained in this Agreement shall
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preclude any party from providing in any budget for, or
making any expenditure, or selling or issuing any
bonds, or creating any indebtedness, the payment of
principal or interest of which shall require the levy
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of taxes which levy may or may not be subject to any
maximum levy limitation or limitations prescribed by
law. Such party's obligation to levy taxes for payment
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of and to pay any amount to any other party from any
such tax levy shall be subordinate to , and may occur
only after provision is made for, the levy of taxes for
and the payment of any such expenditure or
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indebtedness, the sale of issuance of bonds and the
payment of principal or interest thereon.
1 8. INSURANCE.
The Commission shall provide or cause to be provided motor
vehicle liability (other than that applicable to public transit
vehicles), general public liability, and public officials
liability insurance in amounts not less than $1,600,000, and
' workers' compensation insurance. The Commission shall also
provide or cause to be provided insurance insuring against
liability arising out of the ownership and operation of public
' transit vehicles in such amounts and on such terms as the
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Commission shall determine. The Commission may also provide
insurance for fire, theft, motor vehicle collision insurance, and
other insurance relating to any of its property, rights, or
revenue, or any other risk or hazard arising from its activities.
The Commission may provide for the insuring of its officers or
employees against any other liability, risk, or hazard.
9. DURATION OF AGREEMENT.
This Agreement shall continue in force until January 1,
1988, and thereafter from year to year, subject to withdrawal by
a party or termination by all parties. Withdrawal by any party
shall be effected by serving written notice thereof upon the
other parties no later than July 1 of the year at the end of
which such withdrawal is to be effective. Withdrawal from the
Agreement by any party at the end of the calendar year shall not
affect the obligation of any party to perform the Agreement for
or during the period that the Agreement is in effect. Withdrawal
of any party or termination of the Agreement by all parties shall
not terminate or limit any liability, contingent, asserted or
unasserted, of any party arising out of that party's
participation in the Agreement.
10. DISTRIBUTION OF ASSETS.
In the event of withdrawal of any party from this Agreement,
all of the capital assets, real estate, liquid assets, prepaid
expenses and cash utilized by the Commission or its designated
management services, which the withdrawing party may have
contributed to in proportionate share, shall be forfeited to the
Commission. In the event of termination of this Agreement by all
parties, all of the capital assets, real estate, liquid assets,
prepaid expenses, and cash which remain after payment of debts
and obligations shall be distributed among the municipalities who
are parties to this Agreement immediately prior to its
termination in accordance with the following formula subject to
contractual obligations of the Commission. Each municipality
shall receive that percentage of remaining assets determined by
dividing the total amount which that municipality contributed to
the Commission during the previous five years by the total amount
contributed to the Commission over the previous five years by all
the municipalities who are parties to this Agreement immediately
prior to its termination. The amount of the distribution to any
party pursuant to this Agreement shall be reduced by any amounts
owed by the party to the Commission pursuant to paragraph 7(c)
and shall be subject to the party's continuing liability pursuant
to paragraph 9.
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' 11. ARBITRATION.
' If the parties are unable to agree upon any matter to be
decided by the Commission, any party may submit such unresolved
dispute for arbitration in accordance with the rules of
' commercial arbitration of the American Arbitration Association,
with the parties sharing the costs of such arbitration equally
(other than each parties own expenses incurred in presenting its
position during the arbitration proceedings) . In the event any
' dispute is submitted to arbitration, the parties agree to be
bound by the results of the arbitration.
' 12. COOPERATION EFFORT.
Each of the parties agrees that it will cooperate fully and
' in a timely manner to take the actions necessary to facilitate
and accomplish the foregoing provisions of this Agreement.
13. EFFECTIVE DATE.
This Agreement shall be in full force and effect from and
after the date of passage and adoption by the governing body of
' each party.
IN WITNESS WHEREOF, the undersigned Governmental Units, by
action of their governing bodies, have caused this Agreement to
be executed in accordance with the authority of Minnesota
Statutes §471.59.
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FI RST SECOND RESTATED JOINT POWERS AGREEMENT
CITY OF EDEN PRAIRIE
By
Its
By
Its
Approved by the City Council of
Eden Prairie this day of
1996.
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FIRST SECOND RESTATED
JOINT POWERS AGREEMENT
CITY OF CHANHASSEN
By
Its
'
By
Its
'
Approved by the City Council of
Chanhassen this day of
1996.
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FIRS T SECOND RESTATED JOINT POWERS AGREEMENT
CITY OF CHASKA
By
Its
By
Its
Approved by the City Council of
Chaska this day of
1996.
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Z)kA -F T'
SOUTHWEST METRO TRANSIT COMMISSION
RESOLUTION #96 -12
RESOLUTION RECOMMENDING EXERCISE
OF LOCAL TRANSIT TAX LEVY OPTION
FOR TAXES PAYABLE IN 1997
AND AMENDMENT TO JOINT POWERS AGREEMENT
WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local
Levy Option Act's, allows the Cities of Eden Prairie, Chanhassen and Chaska to make a
local transit tax levy in lieu of receiving assistance from the Metropolitan Council under
Minnesota Statutes, Section 473.388, Subdivision 4; and
WHEREAS, said local transit tax levy will replace a similar transit tax levy which
would otherwise be made by the Metropolitan Council; and
WHEREAS, in order to effectively exercise the local transit tax levy option, it is
necessary that each of the Cities of Eden Prairie, Chanhassen and Chaska (a) notify the
State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes
before July 1 of each levy year and to include in the notification the amount of the City's
proposed transit tax for the levy year, and (b) agree to amend the Joint Powers Agreement
(the "Joint Powers Agreement's pursuant to which the Southwest Metro Transit
Commission (the "Commission's was established to provide for payment to the
Commission of the transit tax revenues derived from the levy as is currently provided for
the payment of all other assistance received by each City pursuant to Minnesota Statutes,
Sections 473.384 and 473.388; and
WHEREAS, staff of the Commission has caused to be prepared and there are on
1 file in the offices of the Commission (a) a proposed resolution to be adopted by each of the
City Councils of the Cities of Eden Prairie, Chanhassen and Chaska, respectively (the
"Proposed City Council Resolution', and (b) a proposed amendment to the Joint Powers
1 Agreement in the form of a Second Restated Joint Powers Agreement (the "Proposed Joint
Powers Agreement Amendmenf j to be executed on behalf of each of said Cities.
1 NOW, THEREFORE, BE rr RESOLVED by the Board of Commissioners of
Southwest Metro Transit Commission as follows:
1. It is hereby recommended that each of the Cities of Eden Prairie,
1 Chanhassen, and Chaska (a) declare its intention to exercise the local transit tax levy option
for taxes payable in 1997 in the maximum amount permitted by the Local Levy Option Act
and (b) amend the Joint Powers Agreement to take into account such local transit tax levy,
1 all in accordance with the Proposed City Council Resolution and proposed Joint Powers
Agreement Amendment.
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2. The Executive Director of the Commission is authorized and directed to
forward to the City Councils of Cities of Eden Prairie, Chanhassen and Chaska a copy of
this Resolution together with a copy of the Proposed City Council Resolution and
Proposed Joint Powers Agreement Amendment.
Colleen Dockendorf, Chair
ATTEST:
Diane Harberts, Executive Director
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' CITY OF CHANHASSEN
RESOLUTION DECLARING INTENT TO
' EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES
TO JOINT POWERS AGREEMENT
' WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local
Levy Option Act's, allows the Cities of Eden Prairie, Chanhassen and Chaska to make a
' local transit tax levy in lieu of receiving assistance from the Metropolitan Council under
Minnesota Statutes, Section 473.388, subdivision 4; and
WHEREAS, said local transit tax levy will replace a similar transit tax levy which
' would otherwise be made by the Metropolitan Council; and
WHEREAS, in order to effectively exercise the local transit tax levy option, it is
' necessary that each of the Cities of Eden Prairie, Chanhassen, and Chaska (a) notify the
State Commissioner of Revenue of its intent to levy the taxes before July 1 of each levy
year and to include in the notification the amount of the City's proposed transit tax for the
' levy year, and (b) agree to amend the Joint Powers Agreement (the "Joint Powers
Agreement ") pursuant to which the Southwest Metro Transit Commission was established
to provide for payment to the Commission of the transit tax revenues derived from the levy
as is currently provided for the payment of all other assistance received by each City
' pursuant to Minnesota Statutes, Sections 473.384 and 473.388; and
WHEREAS, staff of the Commission has caused to be prepared a proposed
' amendment to the Joint Powers Agreement in the form of a Second Restated Joint Powers
Agreement (the "Joint Powers Agreement Amendment's to be executed on behalf of each of
the Cities of Eden Prairie, Chanhassen and Chaska, respectively; and
' WHEREAS, it is in the best interest of the City of Chanhassen that it declare its
intent to exercise the local transit tax levy option for taxes payable in 1997 and enter into the
Joint Powers Agreement Amendment.
' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen as follows:
t 1. The City hereby declares its intent to exercise the local transit tax levy option
for taxes payable in 1997 in the maximum amount permitted by Local Levy Option Act and
' as certified by the State Commissioner of Revenue in accordance therewith.
2. The City Manager is authorized and directed to give the State Commissioner
of Revenue and the Metropolitan Council notice of the City's intent to exercise the local
' transit tax option for taxes payable in 1997 in accordance with the notice attached hereto as
Exhibit A and incorporated herein by reference.
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3. The Joint Powers Agreement Amendment is hereby approved in
substantially the form on file in the offices of the City, and the Mayor and City Manager
are hereby authorized and directed to execute on behalf of the City the Joint Powers
Agreement Amendment, together with such additional details therein as may be necessary
and appropriate and such modifications thereof, deletions therefrom and additions thereto
as may be necessary or appropriate and approved by the City Attorney prior to the
execution thereof In the event of the absence or disability of the Mayor or the City
Manager, such officers of the City as, in the opinion of the City Attorney, may act on his or
her behalf, shall, without further act or authorization of the City Council, execute the Joint
Powers Agreement Amendment in place of such absent or disabled officer. The execution
of the Joint Powers Agreement Amendment shall be conclusive evidence of the approval of
such agreement in accordance with the terms hereof.
Adopted:
Mayor
ATTEST:
City Manager
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' EXHIBIT A
NOTICE OF INTENT TO EXERCISE
LOCAL TRANSIT TAX LEVY OPTION FOR
TAXES PAYABLE IN 1997
' The State Commissioner of Revenue and the Metropolitan Council is hereby notified that
the City of Chanhassen, Minnesota, intends to exercise the local transit tax levy option for
' taxes levied in 1996 and payable in 1997 pursuant to Laws of Minnesota for 1996, Chapter
455, section 4. The proposed amount of the City's transit tax for the 1996 levy year is
$(maximum amount permitted) i.e. the maximum amount certified by the State Commissioner of
Revenue in accordance with Laws of Minnesota for 1996, Chapter 455, Section 4, for
taxes levied by the City in 1996 and payable in 1997.
By order of the City Council of the City of Chanhassen.
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