§ 461.50. Imposition of service charge; levy.

The service charges shall be levied annually upon properties within the district, in an aggregate sum, which, combined with any property tax levied under section 461.70 hereof, will equal the estimated total costs of the city in providing the services referred to in section 461.20 for the next ensuing calendar year; provided, however, that service charges may be levied in the year 2008 for services rendered or to be rendered during the calendar years 2008 and 2009. Prior to imposing the service charges, the department of public works shall approve a list of the several lots and parcels of land which will be subject to the service charges, and the names of the owners of the several parcels as nearly as the department of public works can readily ascertain the same. A public hearing shall be held with respect thereto at which all interested persons may appear and be heard. Notice of the public hearing shall be given in at least two (2) separate publications of the city's official newspaper two (2) weeks apart and the public hearing shall not be held less than three (3) days after the last publication. Not less than ten (10) days prior to the hearing, notice shall be mailed to the owner of each parcel of real estate within the area of the proposed district. For the purpose of giving such mailed notice, owners shall be those shown on the records of the county auditor. Other records may be used to supply the necessary information. Notices must be provided as required by the applicable notice provisions of Minnesota Statutes, Chapter 428A. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the county auditor, the owners shall be ascertained by any practical means, and mailed notice given them. The notice of public hearing shall include:

(1)

A statement that all interested persons will be given an opportunity to be heard at the hearing regarding a proposed service charge;

(2)

The proposed rate or amount of the proposed service charge to be imposed in the district during the calendar year and the nature and character of special services to be rendered in the district during the calendar year in which the service charge is to be collected;

(3)

A statement that the petition requirements of Minnesota Statutes, Section 428A.08 have either been met or do not apply to the proposed service charge; and

(4)

A statement that an owner may appeal an assessment of the service charge to district court including the procedure for appeal.

Within six (6) months of the public hearing, the city may adopt a resolution imposing a service charge within the district not exceeding the amount or rate expressed in the notice issued under this section. Any such resolution shall be certified to the county auditor, together with the assessment roll provided for herein, prior to November thirtieth for the annual certification of special assessment installments, and the service charge shall be payable in a single tax year. The city council may increase or decrease assessments to correct omissions, mistakes or erroneous estimates relating to the total cost of the services or any other particular, using the same procedure as required for holding a public hearing and notification of affected property owners as for the original assessment. (2007-Or-014, § 1, 2-9-07; 2013-Or-026, § 3, 2-22-13)