HF 1362

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the city of Clearwater; authorizing the 
  1.3             city to impose a sales and use tax. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [CITY OF CLEARWATER.] 
  1.6      Subdivision 1.  [SALES AND USE TAX AUTHORIZED.] 
  1.7   Notwithstanding Minnesota Statutes, section 477A.016, or any 
  1.8   other provision of law, ordinance, or city charter, pursuant to 
  1.9   the approval of the city voters at the next general election or 
  1.10  at a special election held for this purpose, the city of 
  1.11  Clearwater may impose by ordinance a sales and use tax of 
  1.12  one-half of one percent for the purposes specified in 
  1.13  subdivision 2.  The provisions of Minnesota Statutes, section 
  1.14  297A.99, govern the imposition, administration, collection, and 
  1.15  enforcement of the tax authorized under this subdivision. 
  1.16     Subd. 2.  [USE OF REVENUES.] Revenues received from the tax 
  1.17  authorized by subdivision 1 must be used for the cost of 
  1.18  collecting and administering the tax and to pay all or part of 
  1.19  the capital or administrative costs of the development, 
  1.20  acquisition, construction, and improvement of parks, trails, 
  1.21  parkland, open space, and land and buildings for a regional 
  1.22  community and recreation center.  Authorized expenses include, 
  1.23  but are not limited to, acquiring property, paying construction 
  1.24  expenses related to the development of these facilities and 
  2.1   improvements, and securing and paying debt service on bonds or 
  2.2   other obligations issued to finance acquisition, construction, 
  2.3   improvement, or development. 
  2.4      Subd. 3.  [BONDS.] Pursuant to the approval of the city 
  2.5   voters to impose the tax authorized in subdivision 1, the city 
  2.6   of Clearwater may issue without an additional election general 
  2.7   obligation bonds of the city in an amount not to exceed 
  2.8   $3,000,000 to pay capital and administrative expenses for the 
  2.9   acquisition, construction, improvement, and development of the 
  2.10  projects specified in subdivision 2.  The debt represented by 
  2.11  the bonds must not be included in computing any debt limitations 
  2.12  applicable to the city, and the levy of taxes required by 
  2.13  Minnesota Statutes, section 475.61, to pay the principal or any 
  2.14  interest on the bonds must not be subject to any levy 
  2.15  limitations or be included in computing or applying any levy 
  2.16  limitation applicable to the city. 
  2.17     Subd. 4.  [TERMINATION OF TAX.] The tax imposed under 
  2.18  subdivision 1 expires when the Clearwater city council 
  2.19  determines that the amount described in subdivision 3 has been 
  2.20  received from the tax to finance the capital and administrative 
  2.21  costs for acquisition, construction, improvement, and 
  2.22  development of the projects specified in subdivision 2 and to 
  2.23  repay or retire at maturity the principal, interest, and premium 
  2.24  due on any bonds issued for the projects under subdivision 3.  
  2.25  Any funds remaining after completion of the projects specified 
  2.26  in subdivision 2 and retirement or redemption of the bonds may 
  2.27  be placed in the general fund of the city.  The tax imposed 
  2.28  under subdivision 1 may expire at an earlier time if the city so 
  2.29  determines by ordinance. 
  2.30     [EFFECTIVE DATE.] This section is effective the day after 
  2.31  compliance by the governing body of the city of Clearwater with 
  2.32  Minnesota Statutes, section 645.021, subdivision 3.