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3.0. SR 08-30-1999
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3.0. SR 08-30-1999
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8/30/1999
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<br />\~f the county board or the governing body of a city intends to impose a "levY certification ' <br />.) ((~8){~te': for al~,Pl1.rpo~es o~er than general obligation bonds .at a rat~ higher than the x:at~ <br />'."certlfie4 byJhe county audItor above, the county board or the governIng body of the cIty' <br />U!~~s;~.,~r.s!l1o.ld,.a-l"ub~ic l1~m;ingon the ~rate increase, adopta.tesolution approving the <br />ta!~tat.eJ.~~[~as~;arid file' a copy of theresolutiOl! .\Vi~Jh~.co.~ty' a~ditor on or before :,' <br />bctc5ber'2Q,.1999;" or on or before October 20 of each year thereafter. ,Tberesolution':' <br />:ifioesnothllvetospecif~'tbellmount of increase in the rate. Itonlv has to affirm that <br />~'E tli~"rate'l\'iil increase.'. .~.^~ ."..... ..' ' . <br />~'.;,,",I' . -,' ....~CKi._<~-,\ilWi'~".3,(Ji;~.i,J1).t:jJ:~'~;~ <br /> <br />The county auditor is prohibited from extending a levy for the county or for a city for <br />purposes other than general obligation bonds that would produce a "levy certification tax <br />rate" that is higher than the rate that was certified by the county auditor in accordance <br />with the procedures described above unless the required resolution has been received <br />from the county board or from the governing body of the city. <br /> <br />A "levy certification tax rate" increase without a resolution is allowable if the tax rate <br />increase is due solely to a reduction in the taxing authority's final taxable net tax capacity <br />from the taxable net tax capacity that was certified on October 1, resulting from property <br />tax classification provision changes, tax exemptions, tax court judgments, or clerical or <br />administrative errors made by the county. <br /> <br />fiAll'cities'are's1ibjecffo'thislle\\; 'law, including the cities of 500 population or less that <br />are exempt from the Truth in Taxation hearing requirements. School districts and special <br />) taxing districts are exempt from this new law. . <br /> <br />"General obligation bonds" means regular GO bonds, general obligation special <br />assessment bonds payable in part by a property tax levy, and GO revenue bonds that <br />require a property tax levy to cover a shortage in the non-tax revenues pledged to pay the <br />debt service on the bonds. "General obligation bonds" includes bonds payable by a <br />property tax levy on referendum market value as well as bonds payable by a property tax <br />lev)' on taxable net tax capacity. <br /> <br />"General obligation bonds" does not include capital notes, certificates of indebtedness, or <br />certificates of participation. It does not include payments made to the State Armory <br />Building Commission to pay the principal and interest on armory construction bonds. It <br />also does not include the bonds of another political subdivision. For example, payments <br />by a county under a lease/purchase agreement with a county HRA that are used by the <br />HRA to pay the debt service on bonds issued by the HRA to construct the facilities <br />leased by the county would not be deducted from the county's final total certified levy <br />for payable 1999 in determining its "levy certification tax rate." <br /> <br />For the purpose of this new law, "public hearing" includes, but is not limited to, regularly <br />scheduled city council hearings and county board meetings. This means that the required <br />hearing under this law does not have to be a special hearing scheduled solely for the <br />purpose of discussing a proposed tax rate increase and for adopting the required <br />\ resolution. <br />! <br /> <br />An example of how the county auditor is to determine a "le\'y certification tax rate" is <br />enclosed. <br /> <br />2 <br /> <br />. ...~ <br /> <br />~. <br /> <br />.' <br /> <br />. <br /> <br />" <br /> <br />. <br />
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