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E.__Public works department services, which may include | | municipal sidewalk and road construction and maintenance, | | traffic control and snow plowing and removal. |
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| | | A municipality may include charges for a medical crisis unit | | or E-9-1-1 system as part of either fire protection services | | or police protection services, but not both. |
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| | | 3.__Calculation of charges.__A municipality imposing a | | system of charges for direct benefit services shall calculate | | on an annual basis the actual costs of providing the service, | | including capital costs, and may impose on any individual tax- | | exempt entity only its proportional share of these costs | | according to the following formula: |
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| | | A.__The total annual costs of the municipality for direct | | benefit services is divided by the total value of all | | taxable and tax-exempt property in the municipality.__This | | results in the direct benefit service charge rate; and |
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| | | B.__The direct benefit service charge calculated under | | paragraph A is multiplied by the assessed value of | | individual tax-exempt property.__The result is the | | prorated charge for direct benefit services. |
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| | | 4.__Tax-exempt entity subject to service charges; exemption.__ | | Charges for direct benefit services may be imposed only on | | that tax-exempt entity that derives at least 50% of its annual | | revenue from charges such as, but not limited to, service | | fees, rents, rates or tuitions imposed on a client group | | served by that tax-exempt entity, regardless of the source of | | those charges.__A tax-exempt entity otherwise subject to | | charges under this section is exempt if that tax-exempt entity | | expends 50% or more of its annual revenues to provide | | temporary housing, food, clothing or other services to | | individuals and families at or below the federal poverty | | level, as defined in Title 22, section 3762. |
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| | | A tax-exempt entity claiming exemption from municipal charges | | for direct benefit services must apply annually for exempt | | status on appropriate forms provided by the municipality for | | that purpose. The burden of proving a right to exemption | | initially and in any succeeding year lies with the tax-exempt | | entity seeking exemption.__The tax-exempt entity shall provide | | tax, annual audit and business records necessary to prove the | | tax-exempt entity's exempt status. The granting of an | | exemption in any given year does not preclude the municipality | | from verifying or denying the exempt status of an entity in | | succeeding years. |
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