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HF 2669

as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 03:12pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/03/2014

Current Version - as introduced

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A bill for an act
relating to taxation; local sales and use; extending the local sales and use taxes in
the cities of Baxter and Brainerd; amending Laws 2006, chapter 259, article 3,
sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2006, chapter 259, article 3, section 10, subdivision 3, is amended to
read:


Subd. 3.

Use of revenues.

new text begin (a) new text end Revenues received from the taxes authorized by
subdivisions 1 and 2 must be used to pay the cost of collecting and administering the tax
and to finance the acquisition and betterment of water and wastewater facilities to serve the
cities of Brainerd and Baxter, building and equipping a fire substation, as approved by the
voters at the referendum authorizing the tax. Authorized costs include, but are not limited
to, acquiring property and paying construction and engineering costs related to the projects.

new text begin (b) In addition to the projects authorized in paragraph (a), the city of Baxter may, if
approved by the voters at an election under subdivision 5, paragraph (b), allocate up to
$32,000,000 of the revenues received from the taxes authorized by subdivisions 1 and 2
to a capital infrastructure fund. Money from this fund may only be used to finance (1)
sanitary sewer, storm sewer, water, and street infrastructure, and (2) transportation safety
improvements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Baxter and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 2.

Laws 2006, chapter 259, article 3, section 10, subdivision 4, is amended to read:


Subd. 4.

Bonds.

The city of Baxter, pursuant to the approval of the voters at the
November 2, 2004, referendum authorizing the imposition of the taxes in this section, may
issue general obligation bonds of the city, in one or more series, in the aggregate principal
amount not to exceed $15,000,000 to finance the projects listed in subdivision 3new text begin , paragraph
(a)
new text end . The debt represented by the bonds is not included in computing any debt limitations
applicable to the city, and the levy of taxes required by Minnesota Statutes, section 475.61,
to pay the principal of and interest on the bonds is not subject to any levy limitation or
included in computing or applying any levy limitation applicable to the city of Baxter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Laws 2006, chapter 259, article 3, section 10, subdivision 5, is amended to read:


Subd. 5.

Termination of taxes.

new text begin (a) new text end The taxes imposed under subdivisions 1 and 2
expire at the earlier of a date 12 years after the imposition of the tax or when the Baxter
City Council first determines that the amount of revenues raised from the taxes to pay for
the projects under subdivision 3 equals or exceeds $15,000,000 plus any interest on bonds
issued for the projects under subdivision 4. Any funds remaining after the expiration of
the taxes and retirement of the bonds shall be placed in a capital project fund of the city of
Baxter. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the
city of Baxter so determines by ordinance.

new text begin (b) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any
other contrary provision of law, ordinance, or city charter, the city of Baxter may, by
ordinance, extend the taxes authorized under subdivisions 1 and 2 beyond the termination
date in paragraph (a) if approved by the voters of the city at a general election held
in 2014. The question put to the voters must indicate that an affirmative vote would
extend the imposition of the taxes until 2031 or until an additional $32,000,000 above the
initial amount authorized to pay for $15,000,000 in bonds is raised. If extended under
this paragraph, the taxes authorized in subdivisions 1 and 2 will terminate at the earlier
of (1) when an additional $32,000,000 above the amount authorized under paragraph
(a) is raised, or (2) December 31, 2031.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Baxter and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 4.

Laws 2006, chapter 259, article 3, section 11, subdivision 3, is amended to read:


Subd. 3.

Use of revenues.

new text begin (a) new text end Revenues received from the taxes authorized by
subdivisions 1 and 2 must be used to pay the cost of collecting and administering the tax
and to finance all or part of the costs of constructing upgraded water and wastewater
treatment facilities to serve the cities of Brainerd and Baxter, water infrastructure
improvements, and trail development, contingent on approval by Brainerd voters at the
November 7, 2006, referendum. Authorized costs include, but are not limited to, acquiring
property and paying construction and engineering costs related to the projects.

new text begin (b) In addition to the projects authorized in paragraph (a), the city of Brainerd may,
if approved by the voters at an election under subdivision 5, paragraph (b), spend up to an
additional $15,000,000 from revenues raised from the taxes authorized in subdivisions 1
and 2 on the following projects:
new text end

new text begin (1) an upgraded waste treatment facility jointly serving the cities of Brainerd and
Baxter;
new text end

new text begin (2) with any funds not needed for the project in clause (1), water infrastructure
improvements; and
new text end

new text begin (3) with any funds not needed for the projects in clauses (1) and (2), trail
improvements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Brainerd and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 5.

Laws 2006, chapter 259, article 3, section 11, subdivision 4, is amended to read:


Subd. 4.

Bonds.

The city of Brainerd, contingent on approval of the voters at
the November 7, 2006, referendum authorizing the imposition of taxes in this section,
may issue general obligation bonds of the city, in one or more series, in the aggregate
principal amount not to exceed $22,030,000 to finance the projects listed in subdivision 3new text begin ,
paragraph (a)
new text end . The debt represented by the bonds is not included in computing any debt
limitations applicable to Brainerd, and the levy of taxes required by Minnesota Statutes,
section 475.61, to pay the principal and interest on the bonds is not subject to any levy
limitation or included in computing any levy limitation applicable to the city of Brainerd.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Laws 2006, chapter 259, article 3, section 11, subdivision 5, is amended to read:


Subd. 5.

Termination of taxes.

new text begin (a) new text end The taxes imposed under subdivisions 1 and
2 expire at the earlier of a date 12 years after the imposition of the tax or when the city
council first determines that the amount of revenues raised from the taxes to pay for
projects under subdivision 3 equals or exceeds $22,030,000 plus any interest on bonds
issued for the projects under subdivision 4. Any funds remaining after the expiration of
the taxes and retirement of the bonds shall be placed in a capital project fund of the city of
Brainerd. The taxes imposed under subdivision 1 and 2 may expire at an earlier time if the
city of Brainerd so determines by ordinance.

new text begin (b) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any
other contrary provision of law, ordinance, or city charter, the city of Brainerd may, by
ordinance, extend the taxes authorized under subdivisions 1 and 2 beyond the termination
date in paragraph (a) if approved by the voters of the city at a general election held in 2014.
The question put to the voters must indicate that an affirmative vote would extend the
imposition of the taxes for an additional 12 years or until an additional $15,000,000 above
the initial amount authorized to pay for $22,030,000 in bonds is raised. If extended under
this paragraph, the taxes authorized in subdivisions 1 and 2 will terminate at the earlier of
(1) when an additional $15,000,000 above the amount authorized under paragraph (a) is
raised, or (2) 12 years after the taxes would have expired under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Brainerd and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end