2 Levy Cert Tax Rate Increase
CITY OF
CHANHASSEN
'City Croter Drivt, PO Box 147
nanhllSSm, MinnlSota 55317
Phon, 612.937.1900
Groeral Fax 612.937.5739
rginming Fax 612.937.9152
blic Saftty Fax 612.934.2524
7tb www.ci.chanhassm.mn.us
d-
MEMORANDUM
TO: Mayor
City Council
FROM: Bruce M. Dejong, Finance Direc~
DATE: August 26, 2000
SUBJECT: Levy Certification Tax Rate Increase
The 1999 Legislature adopted a requirement that cities hold a public hearing and
adopt a resolution before authorizing a tax rate increase for the following year.
Attached is a summary of the law and various letters related to the calculations.
This process is in addition to the "Truth in Taxation" process that the city is
required to follow.
It has been determined by the County Auditor that the proposed 2001 levy
adopted by the council may result in a tax rate higher than the one for 2000.
Accordingly, it is appropriate for the City Council to hold this public hearing and
adopt the resolution. Holding the hearing and adopting the resolution does not
bind the council to any amount oflevy increase. It merely allows for the
possibility of adopting the proposed levy or something in between the proposed
levy and last year's levy at the "Truth in Taxation" hearing. Following this
procedural step will allow the Council flexibility in dealing with the proposed .
budget.
, City of Chanhamn. A f[rDwin¡ community with eltan IaklS, quality "hooli, a channin~ downtown. thrivinr businmts. and btautiml MrlfS. A ""at ola" to li,lt. work. and oiA.
CARVER CO AUDITOR
Fax: 1-952-361-1919
Oct 3 '00 14:29
P.02/02
I
Levy Certification Tax Rate Worksheet
10 ~...ø
**Amounts listed on lines 1, Z, .. 4 are after HACA redudlon.**
City of ChanhasseQ
Column A
Payable 2000
$ 5,641,992
$ 232,376
$ 5.874.368
$ 1.210,618
$ 4,663,750
$ 439,152 $
$ 4.224,598
$
Column B
P/lYllble2001
1 Certified Net Tax Capacity Levy
2 Certified Referendum Market Value Levy
3 Total Certified Levy (line 1 ... line 2)
4 Certified Levy for General Obligation Bonds
5 Total Certified Non-Debt Levy (line 3 -line 1)
6 Payable 2001 Rscal Disparity DIstribution $
f1rQ~7 ~7!i
o
6,957,375
1,699,054
5.258.321
439,152
4,819,169
7 Total Fiscal Disparity Adjusted Non-Debt Levy (Une 5 - Une 6)
8 Payable 2001 HACA Net Tax Capacity Adjustment
9 Payable 2001 HACA Fiscal Disparity Adjustment $ _
10 '·Nrit£~Ai~ ~ ; ~;;..~~ ~ ~;.~;::t:Wlfl!~~1~¡~i~;Ïf;~~::¡!~!f~i:~:~!;1,~~~~¡~J~~~~i~:si$"
N/A
N/A
11 Payable 2001 Taxable Net Tax Capadty
12 Levy Certification Tax Rate (line 10/1inel1)
$
19,616,003 $
21.536%
',¡'
:4;.¡ji9~ 169;:";;';;'
19,616,003
24.567%
Note: Column A is to be completed and certified by the county auditor on or before October 2, 2000. It is
recommended that the county certify the Information through line 10 as soon as possible, followed by a
completed certification through line 12 by the October 2, 2000 deadline.
. " '. .':"': i¡: ;:: ¡.¡"~;:r~ H;' ::::':. :,:' ':' ",:-;:' ';"
InstruttlOftl tD County ~r4orÇlty:Qvet'59~~~l.tJëiñ·'9i'Cö~p'etJnli Column B:
........ . NN ';'._:'~·'.~=H.'¡"~~";-~~:·~:~:~:::"" ...:.......;..:H."...'H~.H...'..... . .......,..
Line 1: The proposed certified levy based on net tax capadty (induding GO debt levy). (After HACA reduction)
Line 2: The proposed certified levy based on market value (induding GO debt levy). (After HACA reduction)
Line 3: The sum of lines 1 and 2.
Line 4: The proposed levy for GO bonds, Including levies based on market value as well as levies based on
net tax capadl}i. Do NOT ¡ndude levies for capital notes, certificates of indebtedness, certificates
of partldpation, bonds of another local unit of government, or payments to the State Armory
Building Commission for annory construction bonds.
Une 5: Line 3 minus line 4.
Line 6: Same amount as line 6 in Column A.
Line 7: Line 5 minus line 6.
Une 10: Same as line 7. Lines 8 and 9 for Column 8 are not applicable since the two HACA adjustments
were already involved In arriving at line 1, Column 8 certified net tax capadty levy.
If line 10 of Column B Is greater than line 10 Column A, a resolution approving a levy certification tax rate
Increase must be adopted by ~e governing body of the county or of the city over 500 population ancl
submitted to the Carver Couflty'Auditor by October 20, 2000.
a.an.Levy Cert _
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 9.2000
RESOLUTION NO:
Nancy K. Mancino, Mayor
MOTION BY:
SECONDED BY:
A RESOLUTION AUTHORIZING A LEVY CERTIFICATION TAX RATE
INCREASE FOR TAXES COLLECTIBLE IN 2001
WHEREAS, the State of Minnesota has adopted legislation requiring cities in certain
situations to adopt a resolution authorizing a tax rate increase; and
WHEREAS, the proposed property tax rate may be increased by adopting a higher tax
levy than the previous year, but could be decreased during the budget adoption process; and
WHEREAS, the City Council seeks to comply with the law to allow flexibility during the
budget adoption process.
NOW. THEREFORE, BE IT RESOLVED that the City of Chanhassen hereby authorizes
the Carver County Auditor to fix a property tax rate for taxes collectible in 2001 higher than the
rate calculated pursuant to Minnesota Statutes 275.078 for city taxes levied in 1999, collectible in
2000.
Passed and adopted by the Chanhassen City Council this 9th day of October, 2000.
ATTEST:
Scott A. Botcher, City Manager/Clerk
YES
NO
ABSENT
MINNESOTA Department of Revenue
Property Tax Division
Mail Station 3340
Phone (651) 296-3155
St. Paul, MN 55146-3340
Fax (651) 297-2166
June 14,2000
AECE'VF~
JUN 1 5 ?~oa
To: County Auditors and City Finance Officials
CITY 0' CHAo" 'n~~..."
Re: Tax Rate Increase Hearings and Resolution
This letter contains the provisions of the law conceming tax rate increase hearings and
resolutions for the taxes payable year 200 I. It also contains recommended procedures for
counties and cities over 500 population to use to make this law easier to administer.
Tax Rate Increase Hearines and Resolution Provisions
All counties and all cities over 500 population must hold a public hearing and adopt a
resolution before a "levy certification tax rate" increase may be allowed. This public
hearing is in addition to and earlier than the Truth in Taxation hearing required for
counties and for cities over 500 population, All cities of 500 population or less, towns,
school districts, and special taxing districts are exempt from this law. (M,S. 275.078)
Under this law, the county auditor is required to certify the following information to the
. county board and to the governing body of each city over 500 population within the
county, on or before October 1,2000 (effectively October 2 in 2000 since October I falls.
on a Sunday). The certification to a city over 500 population that is located in more than
one county is to be made by the "home" county auditor.
(I) The taxing authority's final total certified levy under M.S. 275.08 for the taxes
payable year 2000 (net tax capacity based taxes and market value based taxes
combined), minus
(a) The total amount levied for general obligation bonds for the taxes payable year
2000 (net tax capacity based and market value based taxes combined);
(b) The fiscal disparity contribution levy, if any, under M.S, 276A,06, Subd. 3 (Iron
Range counties and cities) or M.S. 473F.08, Subd. 3 (counties and cities within
the 7-county metropolitan area) for the taxes payable year 2001; and
(c) The net tax capacity adjustment amount and the fiscal disparity adjustment
amount for the determination of the homestead and agricultural credit aid
(HACA) payable in 2001. (The Property Tax Division of the Department of
Revenue will certify these amounts to the county auditor later this summer.)
Continued..,
All equal opportù1Jity employer
1TYITDD: (65/) 2/5-0069
For all counties and for all cities over 500 population, the HACA fiscal disparity
adjustment for payable 2001 is zero. For all counties and for all cities over 500
population, there is no current HACA net tax capacity adjustment for payable
2001. However,there is a prior year's HACA net tax capacity adjustment for a
statutory payable 2000 recalculation that will be used to determine HACA
. payable in 2001. This amount may be positive or negative.
(2) The taxing authority's taxable net tax capacity for the taxes payable year 2001. This
is the total net tax capacity minus the power line credit, tax increment, and fiscal
disparity contribution net tax capacities. This is the same definition of "taxable net
tax capacity" that is used for the taxable net tax capacity used in determining local tax
rates.
(3) The "Ievv certification tax rate" obtained by dividing (I) above by (2) above,
rounded to the nearest hundredth percent (000.00%),
An example of how the county auditor is to determine a "levy certification tax rate" is
shown in column A of the enclosed "Example ofa Levy Certification Tax Rate
Worksheet."
A county board or the governing body of a city over 500 population that intends to
impose a payable 2001 "Ievv certification tax rate" for all purposes other than general
obligation bonds at a rate higher than the rate certified by the county auditor above must
first hold a public hearing on the tax rate increase, adopt a resolution approving the tax
rate increase, and file a copy of the resolution with the county auditor on or before
October 20, 2000. The resolution does not have to specify the amount of increase in
the rate. It only has to affirm that the rate will increase.
For the purpose of this law, "DubUc hearin!!" includes, but is not limited to, regularly
scheduled city council meetings and county board meetings, This means that the
required hearing under this law does not have to be a special hearing scheduled solely for
the purpose of discussing a proposed tax rate increase and for adopting the required
resolution. Instead, it may be handled as a separate item at a regularly scheduled city
council meeting or at a regularly scheduled county board meeting.
No published notice is required by this law for the hearing on the proposed "levy
certification tax rate" increase unless the hearing will be a special meeting scheduled just
for the purpose of discussing this topic. However, the county or city may need to publish
a notice pursuant to other laws under which the county or city operates.
The county auditor is prohibited 1T0m extending a payable 2001 levy for the county or for
a city over 500 population for purposes other than general obligation bonds that would
produce a "levy certification tax rate" that is higher than the rate that was certified by the
county auditor in accordance with the procedures described above uDless the required
resolution has been received 1T0m the county board or 1T0m the governing body of the
city.
2
A "levy certification tax rate" increase without a resolution is allowable if the tax rate
increase is due solely to a reduction in the taxing authority's final taxable net tax capacity
from the taxable net tax capacity that was certified on or before October 2, 2000 resulting
from property tax classification provision changes, tax exemptions, tax court judgments,
or clerical or administrative errors made by the county.
"General obli2ation bonds" means regular GO bonds, general obligation special
assessment bonds payable in part by a property tax levy, and GO revenue bonds that
require a property tax levy to cover a shortage in the non-tax revenues pledged to pay the
debt service on the bonds. "General obligation bonds" includes bonds payable by a
property tax levy on referendum market value as well as bonds payable by a property tax
levy on taxable net tax capacity.
"General obligation bonds" do not include capital notes, certificates of indebtedness, or
certificates of participation. They do not include payments made to the State Armory
Building Commission to pay the principal and interest on armory construction bonds.
They also do not include the bonds of another local unit of govermnent. For example,
payments by a county under a lease/purchase agreement with a county HRA that are used
by the HRA to pay the debt service on bonds issued by the HRA to construct the facilities
leased by the county are not "general obligation bonds" for the purpose of this law.
Recommended Procedures
The Department of Revenue recommends the following steps:
. The county auditor certifies the "net levv" for the county govermnent and for each
city over 500 population as early as possible, so that the county board and the
affected cities can consider their certified "net levy" amounts at the same time that
they are working on their proposed levies for payable 2001. In the enclosed
"Example of a Levy Certification Tax Rate Worksheet," the amount certified by the
county auditor is the amount on line 10, Column A. This certification would include
all twelve lines involved in the calculation of the "levy certification tax rate," but
amounts would be entered only for lines I through 10 of Column A. The county
auditor would explain to the city or to the county board that a completed certification
with amounts entered for lines I I and 12 of Column A would be sent later when
payable 2001 taxable net tax capacity amounts are available. The completed
certification with amounts entered for lines I I and 12 of Column A would be sent by
October 2, 2000.
. The county auditor instructs the county board and each city over 500 population that
it must enter amounts on lines I through 7 of Column B, and then carry the amount
on line 7, Column B to line 10, Column B. (See the "Instructions to County Board
or City over 500 Population" on the enclosed "Example of a Levy Certification Tax
Rate Worksheet"). "NA" for "not applicable" is entered on lines 8 and 9 of Column
B because the two HACA adjustments shown on lines 8 and 9 of Column A were
already involved in arriving at the line I, Column B amount. That is, the certified
3
2001 HACA used by the county or city in arriving at its certified net tax capacity levy
for payable 2001 reflected the two HACA adjustments.
. The county auditor then instructs the county board and each city over 500 population
that it must compare its proposed payable 2001 "Net Levy" on line 10, Column B
(total proposed levy minus the levy for general obligation bonds and minus the fiscal
disparity distribution tax, if any) with the line 10, Column A "Net Levy" amount to
determine whether or not it needs to hold a public hearing on a proposed "levy
certification tax rate" increase and adopt a resolution approving a "levy certification
tax rate" increase. If the line 10, Column B "Net Levy" amount is greater than the
line 10, Column A "Net Levy" amount, the hearing and resolution are required.
Because the same taxable net tax capacity amount is used for line I I in both Columns
A and B, the payable 2001 Levy Certification Tax Rate (line 12, Column B) will be
greater than the payable 2000 Levy Certification Tax Rate (line 12, Column A) if the
payable 2001 "Net Levy" (line 10, Column B) is greater than the payable 2000 "Net
Levy" (line 10, Column A),
· In order to facilitate the above steps, the Department of Revenue will certify to the
county auditor, by mid-August of this year, the HACA information that is needed to
determine the Column A "Net Levy" amounts, In the "Example of a Levy
Certification Tax Rate Worksheet," these are the amounts on lines 8 and 9 of Column
A.
· If the above procedure is followed, the city or the county board may include its
resolution approving a "levy certification tax rate" increase with its certification of
proposed levy for the taxes payable year 2001 that is submitted to the county auditor
by September 15, 2000, rather than waiting until after October 2 to submit the
resolution to the county auditor.
· In compliance with the "levy certification tax rate" law, the county auditor then sends
a completed certification with amounts entered for lines 11 and 12 of Column A to
each city over 500 population and to the county board by October 2, 2000,
Non-Compliance Penalty Provision
If a city over 500 population or the county board intends to increase its "levy certification
tax rate," and has not submitted its resolution approving a "levy certification tax rate"
increase to the county auditor by October 20, 2000, the levy used to determine tax rates
for the city or for the county for both the Truth in Taxation parcel specific notices and for
the property tax statements for the taxes payable year 2001 may not exceed the city's or
county's certified levy for general obligation bonds for payable 2001 (line 4, Column B)
plus its line 10, Column A "Net Levy" amount. If the city's or county's certified non-
debt levy includes both market value-based taxes and net tax capacity-based taxes, any
required reduction to comply with the "tax rate increase hearings and resolutions" law is
to be taken first from the net tax capacity-based taxes, The market value-based taxes
have priority since they are vo.ter-approved,
4
Note: Effective beginning with levy year 2000, taxes payable 2001, counties and
cities over 2,500 population are no longer subject to the overall levy
limitation. The overall levy limitation law was scheduled to expire after the
taxes payable year 2000, and the Minnesota legislature did not extend it to
the taxes payable year 2001.
If you have any questions concerning this letter, please contact me.
Sincerely,
Richard B. Gardner
Research Analyst Supervisor Senior
Enclosure
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