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AN ORDINANCE ESTABLISHING THE LINCOLN PARK SPECIAL SERVICE DISTRICT.
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BY COUNCILOR CLANAUGH AND VICE-PRESIDENT KENNEDY:
The city of Duluth does ordain:
Section 1. PURPOSE AND AUTHORIZATION.
1.01. The city has received a petition (the “Petition”) from property owners in Lincoln Park who want to improve the safety, cleanliness, and economic vitality of the Lincoln Park District (the “District”) pursuant to Minn. Stat. §§ 428A.01-428A.101 (the “Act”). The Petition has been signed by owners of more than 25% of the net tax capacity of property that will be subject to service charges and by owners of more than 25% of the land area of property that will be subject to service charges and meets the requirements of the statute.
1.02. Under the provisions of the Act, the city council may adopt an ordinance establishing a Special Service District. Only property that is classified under Minn. Stat. §
273.13 and used for commercial, industrial, or public utility purposes, or is vacant land zoned or designated on a land use plan for commercial or industrial use and located in the Special Service District, may be subject to the charges imposed by the city on the Special Service District. The ordinance must describe, with particularity, the area within the city to be included within the Special Service District and the Special Services to be furnished in the Special Service District. Special Services may not include a service that is ordinarily provided throughout the city from general fund revenues of the city unless an increased level of the service is provided in the Special Service District.
1.03 An operating plan for the District dated May 2026 (“Operating Plan”) has been developed by the Lincoln Park Business Group. Under the Operating Plan the term of the District will be from January 1, 2027 through December 31, 2031. A copy of the Operating Plan is attached hereto as Exhibit A and is available for public inspection in the city clerk’s office, 411 West First Street, Duluth, Minnesota. The Operating Plan sets forth the Special Services to be provided within the District, the particular area of the city to be included within the District’s boundaries, the amount and manner of imposing Service Charges, and the manner in which the Special Services will be implemented. The Operating Plan is hereby incorporated into this Ordinance.
1.04. Pursuant to the authority herein recited, and as requested in the Petition, the city council hereby establishes the District to provide the Special Services as provided below.
Section 2. DESCRIPTION OF THE AREA WITHIN THE CITY TO BE INCLUDED IN THE DISTRICT.
2.01. The area within the city of Duluth to be included within the District is provided in Exhibit B.
Section 3. DESCRIPTION OF SPECIAL SERVICES.
3.01. The Special Services to be furnished in the District are described with particularity in the Operating Plan and will include, without limitation, services relating to (i) clean and safe programs, (ii) marketing/promotion/special events and (iii) physical enhancements.
Section 4. TERM OF THE DISTRICT.
4.01. The term of the District will begin on January 1, 2027, and will expire on December 31, 2031.
Section 5. SERVICE CHARGES.
5.01. Service charges to be imposed within the District will be established by a separate resolution. The resolution must meet the requirements of Minn. Stat. § 428A.03 and may, in addition, meet the requirements of Minn. Stat. § 428A.10.
Section 6. NOTICE TO COMMISSIONER OF REVENUE.
6.01. The city clerk is directed to send a copy of this ordinance to the commissioner of revenue within 30 days after its adoption.
Section 7. NOTICE OF VETO POWER.
7.01. The city clerk is directed, within five days after adoption of this ordinance, to mail a summary of this ordinance to the owner of each parcel included in the District and any individual or business organization subject to a service charge. The notice must meet the requirements of Minn. Stat. § 428A.09.
Section 8. OBJECTIONS.
As authorized by Minnesota Statutes. § 428A.02, subd. 4, the council adopts this ordinance with the reservation that the following landowners’ property may be excluded from the district or the district service charges when the determination is made whether to accept or reject the objection thereto:
(a) Any affected landowner who, on or before the date this ordinance is adopted, files a written objection with the city clerk, which objection asserts that the affected property should not be included in the district or the subject to service charge because of the grounds set out in Minnesota Statutes § 428A.02, subd. 4(1)-(3).
Section 9. EFFECTIVE DATE.
9.01. This ordinance shall take effect and be in force 45 days from and after the date upon which it is adopted.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance establishes the Lincoln Park Special Service District from January 1, 2027 through December 31, 2031.