2008 Minnesota Statutes

Transcription

1 , 2008 Minnesota Statutes Page 1 of 1 5/4/ Minnesota Statutes TOWN ROAD ACCOUNT. Subdivision 1. Account created. A town road account is created in the county state-aid highway fund. Subd. 2. Formula for distribution to counties. Funds in the town road account must be apportioned to each county so that each county receives the percentage that the total miles of town road in the county bears to the total miles of town roads in the state. Subd. 3. Apportionment. Upon determining the amount of money to be apportioned to each county under section , the commissioner shall also determine the amounts in the town road account to be apportioned under subdivision 2. The apportionment under subdivision 2 must be included in the statement sent to the commissioner of finance and the county auditor and county engineer of each county under section , subdivision 2. The amounts so apportioned and allocated to each county from the town road account must be paid by the state to the treasurer of each county at the same time that payments are made under section , subdivision 2, provided that the amounts must be paid in a sufficient time to allow the county to distribute the amounts to each town by March 1, annually. Subd. 4. Formula for distribution to towns; purposes. Money apportioned to a county from the town road account must be distributed to the treasurer of each town within the county, according to a distribution formula adopted by the county board. The formula must take into account each town's levy for road and bridge purposes, its population and town road mileage, and other factors the county board deems advisable in the interests of achieving equity among the towns. Distribution of town road funds to each town treasurer must be made by March 1, annually, or within 30 days after receipt of payment from the commissioner. Distribution of funds to town treasurers in a county which has not adopted a distribution formula under this subdivision must be made according to a formula prescribed by the commissioner by rule. A formula adopted by a county board or by the commissioner must provide that a town, in order to be eligible for distribution of funds from the town road account in a calendar year, must have levied for taxes payable in the previous year for road and bridge purposes at least percent of taxable market value. For purposes of this eligibility requirement, taxable market value means taxable market value for taxes payable two years prior to the aid distribution year. Money distributed to a town under this subdivision may be expended by the town only for the construction, reconstruction, and gravel maintenance of town roads within the town. History: 1983 c 17 s 3; 1984 c 410 s 1; 1984 c 535 s 2; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 268 s 4; 1989 c 277 art 4 s 14; 1991 c 278 s 1,2; 1993 c 117 s 1; 1994 c 553 s 1; 1998 c 372 art 2 s 5; 2004 c 228 art 3 s 3

2 Minnesota Rule Page 1 of 2 5/4/2009 Minnesota Administrative Rules TURNBACK, TOWN BRIDGE, AND TOWN ROAD ACCOUNTS. Subpart 1. County and municipal turnback accounts. A percentage of the net highway user tax distribution fund is set aside in accordance with law and apportioned to separate accounts respectively identified as the county turnback account and the municipal turnback account. Subp. 1a. Town bridge account. Further, a percentage of the net highway user tax distribution fund is set aside and must be used for replacement or reconstruction of town bridges pursuant to the law. This latter account is known as the town bridge account. Subp. 1b. Town road account. Further, a percentage of the net highway user tax distribution fund must be apportioned to the counties for the construction, reconstruction, and maintenance of town roads. This account is known as the town road account. Subp. 2. Town bridge fund allocation. The funds set aside for town bridges must be allocated to the eligible counties. Subp. 2a. Town road account allocation. The amounts to be distributed to the counties from the town road account must be determined according to the formula prescribed by Minnesota Statutes, section , subdivisions 2 and 4. A. The funds apportioned to a county from the town road account must be distributed to the treasurer of each eligible town within 30 days of the receipt of the funds by the county treasurer, according to a distribution formula adopted by the county board. The county board must consider each town's levy for road and bridge purposes, its population, length of town roads, and other factors considered advisable to the interest of achieving equity among the towns. The county treasurer is the treasurer for eligible unorganized towns. B. If a county board does not adopt a distribution formula, the funds must be distributed to the town according to subitems (1) to (4). (1) The county auditor shall certify to the commissioner the name of each town that has levied percent of taxable market value of the town for road and bridge purposes in the year preceding the allocation year. (2) The county auditor shall certify to the commissioner the name of each unorganized town in which the county has levied percent of taxable market value of the unorganized town for town road and bridge purposes in the year preceding the allocation year. (3) Fifty percent of the funds apportioned to a county must be distributed to an eligible town based upon the percentage that its population bears to the total population of the eligible towns in the county. (4) Fifty percent of the funds apportioned to a county must be distributed to eligible towns based upon the percentage of the length of town roads of each town to the total length of town roads of eligible towns in the county.

3 Minnesota Rule Page 2 of 2 5/4/2009 Subp. 3. Surplus turnback funds. At any time the commissioner determines that either the county or municipal turnback accounts, notwithstanding the town bridge accounts or the town road accounts, has accumulated a surplus not needed for turnback purposes, the commissioner shall properly notify the commissioner of finance requesting the transfer of the surplus to the respective county state-aid highway fund or municipal state-aid street fund for apportionment as provided by law. Subp. 4. [Repealed by amendment, 8 SR 2146] Subp. 5. [Repealed by amendment, 8 SR 2146] Subp. 6. Release of turnback account funds. Upon receipt of an abstract of bids and a certification as to the execution of a contract and bond on an eligible project, the commissioner shall release to a county or urban municipality from turnback account funds up to 95 percent of the turnback share of the contract. The commissioner shall keep the remaining percentage of the turnback share of the contract until the final cost is determined and the project accepted by the district state-aid engineer. On force account agreements, partial estimates must be accepted on turnback projects approved for construction by local forces, using the agreed unit prices for determining the value of the completed work. The commissioner shall release from the respective turnback account 95 percent of the value as reported by partial estimates on an eligible turnback project. Requests for reimbursement of preliminary and construction engineering costs on an eligible turnback project must be submitted and payment must be authorized in accordance with part , subpart 6. Subp. 6a. In lieu payment. In lieu of contracting work or force account work, the commissioner, with concurrence of the receiving agency, may enter into an agreement to pay a lump sum payment from the turnback account to the receiving agency's road and bridge account equal to the net value of eligible turnback costs for a project to be constructed within 20 years of the release date. Subp. 7. Release of town bridge account funds. Upon receipt of an abstract of bids and a certification as to the execution of a contract and bond on an eligible project, the commissioner shall release to a county, from town bridge account funds, up to 95 percent of the town bridge account share of the contract. The commissioner shall keep the remaining five percent until the final cost is determined and the project is accepted by the district state-aid engineer. 17 Statutory Authority: MS s ; ; ; ; ; L 1983 c History: 8 SR 2146; 15 SR 2596; 17 SR 1279; 20 SR 1041; 23 SR 1455; 24 SR 1885 Posted: October 15, 2007

4 Minnesota Department of Transportation State Aid for Local Transportation Group Mail Stop 500, 4th Floor 395 John Ireland Boulevard Office: St. Paul, MN Fax: May 4, 2009 To: County Highway Engineers From: Subject: Kim DeLaRosa, Manager County State Aid Highway Needs Unit 2009 Township Road Mileage Certification In order to allocate the Town Road Account monies in 2010, certification of the 2009 township road mileage in your county will be necessary. Please certify and submit to this office by November 15th. Remember, only roads that have been maintained and open to the traveling public at least eight months of the year are eligible. If you do not have a copy of last year s submittal you can see a copy on our webpage at: Please take the time to make sure any additional or revoked mileage is accounted for and closed roads are reflected in this year s certification. You may scan and a signed certification to: kimberlie.delarosa@dot.state.mn.us or mail it to: Kim DeLaRosa State Aid for Local Transportation 395 John Ireland Blvd., Mail Stop 500 St. Paul, Minnesota cc: District State Aid Engineer An equal opportunity employer n\csah\word\townshiproadcertif.2008letter.doc

5 Commissioner of Transportation State of Minnesota Attn: Julie Skallman, State Aid Engineer I hereby certify that the mileages listed for the townships in the County of, is that mileage that has been maintained and open to the traveling public at least eight months of the year 2009: TOWNSHIP MILES Total Town Mileage (mi.) (Date) (Signature) County Highway Eng. An equal opportunity employer n\csah\word\townshiproadcertif.2008letter.doc

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7 February 27, 2009 Therese Ott Township Treasurer WASHINGTON LAKE TOWNSHIP Ln Green Isle, MN Dear Ms. Ott: SUBJECT: TOWNSHIP ROAD ALLOTMENTS In the calculation of the distribution of the township road allotments it has come to our attention that four townships no longer qualify for their apportionments. As you may or may not know, distribution of these funds is based on your township road mileage certification and your population. In order to be eligible for distribution of these funds you must have levied for taxes payable in the previous year for road and bridge purposes for at least percent of taxable market value (for taxes payable two years prior to the aid distribution year) pursuant to M.S We have enclosed copies of the Notice of Annual Apportionment, Township Road Allotment calculations and Qualified Townships for R & B 2009 Apportionment. We would like to help educate and inform all townships in an effort to avoid loss of any future year allotments. Please plan to attend a worksession with the Sibley County Board of Commissioners on Tuesday, March 3, 2009 at 1:00 pm in the County Board Room at the Sibley County Courthouse in Gaylord. We encourage all townships to attend, but ask that you limit attendance to 1 or 2 representatives per township as we have limited seating in the board room. Please feel free to contact the office if you have any questions. Sincerely, SIBLEY COUNTY PUBLIC WORKS Darin Mielke Sibley County Public Works Director DM/pgh Enclosures (3)

8 TOWNSHIP ROAD ALLOTMENT Supplemental Distribution YEAR OF 2009 STATE FUNDING $47, Vendor Township Miles Calc Census % Total $ Amount Check # 1483 ALFSBORG $2, ARLINGTON $4, BISMARK $3, DRYDEN $2, GRAFTON $3, GREEN ISLE $4, HENDERSON $4, JESSENLAND $3, KELSO $3, MOLTKE $3, NEW AUBURN $3, SIBLEY $3, WASHINGTON LAKE $4, From Cornish, Faxon, Severance and Transit's share Actual TOTALS $47,

9 Township Qualification for Town Road Apportionment Payable 2007 R&B Levied *Percent Payable 2008 R&B Levied *Percent Payable 2009 R&B Levied *Percent Payable 2010 R&B Levied *Percent Township 2005 TMV 2006 of TMV 2006 TMV 2007 of TMV 2007 TMV 2008 of TMV 2008 TMV 2009 of TMV Alfsborg $71,922,800 $47, $78,780,300 $47, $88,216,900 $47, $ 92,522,000 $ 47, Arlington $73,781,500 $111, $81,917,100 $111, $93,077,900 $111, $ 103,741,300 $ 126, Bismarck $69,025,000 $45, $76,154,200 $45, $85,219,500 $45, $ 86,856,800 $ 50, Cornish $67,905,200 $30, $75,208,300 $35, $84,343,100 $38, $ 87,074,700 $ 43, Dryden $57,762,600 $40, $64,757,600 $40, $73,293,800 $40, $ 76,675,700 $ 42, Faxon $64,200,900 $40, $71,865,600 $40, $84,559,400 $40, $ 98,049,200 $ 40, Grafton $69,508,600 $80, $78,018,600 $100, $87,693,900 $98, $ 89,360,500 $ 115, Green Isle $63,306,400 $73, $71,768,300 $75, $82,663,500 $77, $ 94,223,300 $ 82, Henderson $64,848,000 $82, $71,409,100 $87, $82,739,200 $93, $ 94,710,200 $ 101, Jessenland $60,432,400 $40, $66,478,800 $40, $75,862,600 $60, $ 85,816,000 $ 60, Kelso $62,634,100 $50, $71,851,300 $70, $82,591,600 $80, $ 90,530,700 $ 80, Moltke $71,817,000 $65, $79,743,200 $70, $89,517,900 $70, $ 90,457,200 $ 90, New Auburn $52,632,500 $63, $58,152,800 $68, $66,228,900 $85, $ 72,674,500 $ 85, Severance $64,067,900 $35, $70,337,000 $35, $80,188,600 $35, $ 84,065,500 $ 35, Sibley $64,259,100 $50, $72,035,100 $50, $81,775,300 $55, $ 86,579,500 $ 55, Transit $63,009,100 $31, $71,080,300 $31, $80,531,900 $31, $ 83,436,500 $ 31, Washington Lake $63,578,700 $45, $70,217,800 $50, $81,818,900 $70, $ 93,219,000 $ 75, * Minimum Percent of TMV is per Minnesota Statute

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14 TOWNSHIP AUTHORIZATION Township acknowledges that it is entitled to receive a supplemental distribution of state road funding in the amount of $ due to the Townships of Cornish, Faxon, Severance and Transit not qualifying to receive their 2009 road allotment distribution; And Township hereby authorizes Sibley County, through its Department of Public Works, to disburse this supplemental distribution to the non-qualifying four townships. Authorized on March, 2009 Township By: Its Chair By: Its Clerk

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