HF 2294

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to stadiums; providing for the financing of a football stadium in Anoka
County; creating a stadium authority; authorizing the county to levy and collect
certain taxes; creating a Metrodome proceeds account; requiring a report;
amending Minnesota Statutes 2004, section 297A.71, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 473; proposing
coding for new law as Minnesota Statutes, chapter 473J; repealing Minnesota
Statutes 2004, section 473.5995.

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

Section 1.

Minnesota Statutes 2004, section 297A.71, is amended by adding a
subdivision to read:

new text begin Subd. 37. new text end

new text begin Stadium construction materials and equipment exempt. new text end

new text begin Materials
and supplies used or consumed in, and equipment incorporated into the construction of,
a National Football League stadium constructed under chapter 473J are exempt. The
exemption under this subdivision terminates one year after the first National Football
League game is played in the stadium.
new text end

Sec. 2.

new text begin [473.5996] METRODOME PROCEEDS ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A Metrodome proceeds account is created in the special
revenue fund in the state treasury. Upon the sale of the Metrodome, the Metropolitan
Sports Facilities Commission must transfer the net sale proceeds to the Metrodome
proceeds account.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The Metropolitan Sports Facilities Commission shall make
recommendations to the legislature concerning the appropriate division of the sale
proceeds between the city of Minneapolis, the University of Minnesota, the Minnesota
Twins, and the Minnesota Vikings. The recommendations are due within one month of the
commencement of the legislative session next following the sale of the Metrodome.
new text end

Sec. 3.

new text begin [473J.01] PURPOSE.
new text end

new text begin The legislature finds that construction of a new stadium that meets National
Football League programmatic requirements, with a retractable or fixed roof, in the
city of Blaine, county of Anoka, serves a public purpose. The legislature finds that the
public purpose served includes retaining the Minnesota Vikings as a part of Minnesota's
public amenities for its citizens and as a major attraction to visitors to the state, adding to
the economic development of the state, Anoka County, and surrounding communities,
attracting revenue from out of the state, and preserving the contributions of football to the
culture of Minnesota and to the enjoyment of its citizens. Further, the legislature finds
that a National Football League stadium may be financed as a public-private partnership
between the state, Anoka County, the Minnesota Vikings, and other supporting interests
that may contribute to the construction of a football stadium and related facilities. The
legislature further finds that a new stadium should be coordinated with transportation
and transit plans and activities.
new text end

Sec. 4.

new text begin [473J.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For the purposes of this chapter, the terms defined in this
section have the meanings given them in this section, except as otherwise provided.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin "Authority" means the Anoka County-Blaine Stadium
Authority.
new text end

new text begin Subd. 3. new text end

new text begin Sports facilities. new text end

new text begin "Sports facilities" means the stadium, with a retractable
or fixed roof, adjoining structures related to the operation of the stadium, practice
facilities, including preseason training camp facilities, and other supporting infrastructure,
including parking.
new text end

new text begin Subd. 4. new text end

new text begin Stadium district. new text end

new text begin "Stadium district" means a district containing the
National Football League stadium and consisting of no more than 740 contiguous acres
surrounding the sports facilities that is jointly designated by the authority, Anoka County,
and the city of Blaine.
new text end

Sec. 5.

new text begin [473J.03] LOCATION.
new text end

new text begin The new National Football League stadium shall be located in the city of Blaine,
Anoka County, Minnesota.
new text end

Sec. 6.

new text begin [473J.04] ANOKA COUNTY-BLAINE STADIUM AUTHORITY;
MEMBERSHIP; ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The Anoka County-Blaine Stadium Authority is
established and shall be organized and administered as provided in this section. The
Anoka County-Blaine Stadium Authority is established as a public body, corporate and
politic, and political subdivision of the state. The authority is not a joint powers entity
or an agency or instrumentality of the county. The authority shall have those powers
authorized by section 473J.05.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The authority shall have seven members, three of whom
shall be appointed by the Anoka County Board of Commissioners and three of whom shall
be appointed by the Blaine city council. The seventh member shall be a chair appointed as
provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The chair shall be appointed by the governor as the seventh voting
member and shall meet all the qualifications of a member. The chair shall preside at all
meetings of the authority, if present, and shall perform all other duties and functions
assigned by the authority or by law. The authority may appoint from among its members a
vice-chair to act for the chair during a temporary absence or disability.
new text end

new text begin Subd. 4. new text end

new text begin Qualifications. new text end

new text begin A member shall not, during a term of office, hold any
judicial office or office of state government. Each member shall qualify by taking and
subscribing the oath of office prescribed by the Minnesota Constitution, article V, section 6.
new text end

new text begin Subd. 5. new text end

new text begin Terms. new text end

new text begin The initial terms of three members shall end the first Monday of
January 2010. Two of the members must be appointed by the Anoka County Board, and
one of the members must be appointed by the Blaine city council. The terms of the other
members and the chair shall end the first Monday in January 2012. Subsequent terms of
each member and chair shall be four years. The term shall continue until a successor is
appointed and qualified. Members may be removed only for cause.
new text end

new text begin Subd. 6. new text end

new text begin Vacancies. new text end

new text begin Vacancies shall be filled by the appropriate appointing authority
in the same manner in which the original appointment was made.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin Each authority member shall be paid $50 for each day
when the member attends one or more meetings or provides other services, as authorized
by the authority, and shall be reimbursed for all actual and necessary expenses incurred
in the performance of duties. The chair of the authority shall receive, unless otherwise
provided by other law, a salary in an amount fixed by the members of the authority and
shall be reimbursed for reasonable expenses to the same extent as a member. The annual
budget shall provide as a separate account anticipated expenditures for per diem, travel,
and associated expenses for the chair and members, and compensation or reimbursement
shall be made to the chair and members only when budgeted.
new text end

new text begin Subd. 8. new text end

new text begin Regular and special meetings. new text end

new text begin Meetings of the authority are subject to
chapter 13D. The authority shall meet regularly at least once each month, at a time and
place as the authority shall by resolution designate. Special meetings may be held at any
time upon the call of the chair or a majority of the members, upon written notice to each
member at least three days prior to the meeting, or upon other notice that the authority
provides by resolution. Unless otherwise provided, any action of the authority may be
taken by affirmative vote of a majority of the members. A majority of all the members
of the authority constitutes a quorum, but a lesser number may meet and adjourn from
time to time and compel the attendance of absent members.
new text end

new text begin Subd. 9. new text end

new text begin Executive director. new text end

new text begin The authority shall appoint an executive director
who shall be chosen on the basis of training, experience, and other related qualifications.
The executive director shall serve at the pleasure of the authority, but shall not vote, and
shall have the following powers and duties:
new text end

new text begin (1) see that all resolutions, rules, or orders of the authority are enforced;
new text end

new text begin (2) appoint and remove all subordinate officers and regular employees of the
authority;
new text end

new text begin (3) present to the authority plans, studies, or reports prepared for authority purposes
and recommend to the authority for adoption the measures the executive director deems
necessary to enforce or carry out the powers and duties of the authority, or to the efficient
administration of the affairs of the authority;
new text end

new text begin (4) keep the authority fully advised as to its financial condition, and prepare and
submit to the authority its annual budget and other financial information it requests;
new text end

new text begin (5) recommend to the authority for adoption the rules the executive director deems
necessary for the efficient operation of the authority's functions; and
new text end

new text begin (6) perform other duties prescribed by the authority.
new text end

new text begin Subd. 10. new text end

new text begin Employees. new text end

new text begin The authority shall adopt a personnel code covering its
employees. The code shall include a job classification plan, procedures for employment of
personnel, procedures for discipline and discharge, procedures for hearing grievances,
procedures for compensation administration, and other matters adopted by the authority.
Employees of the authority are members of the Public Employees Retirement Association.
new text end

new text begin Subd. 11. new text end

new text begin Public officials. new text end

new text begin Members of the authority and the executive director are
"public officials" for purposes of chapter 10A.
new text end

Sec. 7.

new text begin [473J.05] POWERS OF AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The authority has all powers necessary or convenient to
accomplish the purposes of this chapter, including, but not limited to, those specified
in this section.
new text end

new text begin Subd. 2. new text end

new text begin Actions. new text end

new text begin The authority may sue and be sued and is a public body within
the meaning of chapter 562.
new text end

new text begin Subd. 3. new text end

new text begin Acquisition of property. new text end

new text begin The authority may acquire by lease, purchase,
monetary or land contribution, or devise all necessary right, title, and interest in and to real
or personal property deemed necessary to the purposes contemplated by this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Tax exemption. new text end

new text begin Any real or personal property acquired, owned, leased,
controlled, used, or occupied by the authority for any of the purposes of this chapter
is declared to be acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and is exempt from ad valorem taxation by the state
or any political subdivision of the state. The properties are subject to special assessments
levied by a political subdivision for a local improvement in amounts proportionate to and
not exceeding the special benefit received by the properties from the improvement. No
possible use of any of the properties in any manner different from their use under this
chapter at the time shall be considered in determining the special benefit received by the
properties. Notwithstanding section 272.01, subdivision 2, or 273.19, property leased by
the authority to another person for uses related to the purposes of this chapter is exempt
from taxation regardless of the length of the lease. This exemption includes concessions,
suites, locker rooms, and clubhouse facilities in the stadium and parking facilities on the
stadium site, as well as space occupied by the authority. It does not include team offices,
residential, business, or commercial development, or parking facilities primarily for these
uses, or other property not directly related to the operation of a stadium facility.
new text end

new text begin Subd. 5. new text end

new text begin Liquor licenses. new text end

new text begin The city of Blaine may issue one or more intoxicating
liquor licenses for the stadium. These licenses are in addition to the number authorized by
law. All provisions of chapter 340A not inconsistent with this subdivision apply to the
licenses authorized under this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Facility operation. new text end

new text begin The authority may equip, improve, operate, manage,
maintain, and control the sports facilities constructed, remodeled, or acquired under
this chapter. The authority may delegate any of these duties to a qualified third party.
The authority must seek to promote and maximize the use of the sports facilities for
nonfootball events.
new text end

new text begin Subd. 7. new text end

new text begin Disposition of property. new text end

new text begin The authority may sell, lease, or otherwise
dispose of any real or personal property acquired by it, which is no longer required for
accomplishment of its purposes. The property must be sold according to section 469.065,
except subdivisions 6 and 7.
new text end

new text begin Subd. 8. new text end

new text begin Gifts and grants. new text end

new text begin The authority may accept donations of money, property,
or services; may apply for and accept grants or loans of money or other property from the
United States, the state, any subdivision of the state, or any person for any of its purposes;
may enter into any agreement required in connection therewith; and may hold, use, and
dispose of the donations according to the terms of the gifts, grant, loan, or agreement. In
evaluating proposed monetary contributions, grants, loans, and agreements required in
connection therewith, the authority shall examine the possible short-range and long-range
impact on authority revenues and authority operating expenditures. The authority must
notify potential contributors that contributions qualify for the charitable contribution
deductions under section 170 of the Internal Revenue Code, provided that the contributor
does not receive substantial direct benefit from the contribution.
new text end

new text begin Subd. 9. new text end

new text begin Issuance of bonds. new text end

new text begin The authority may authorize the sale and issuance of
bonds in the manner and for the purposes set out in section 473J.06.
new text end

new text begin Subd. 10. new text end

new text begin Research. new text end

new text begin The authority may conduct research studies and programs;
collect and analyze data; prepare reports, maps, charts, and tables; and conduct all
necessary hearings and investigations in connection with its functions.
new text end

new text begin Subd. 11. new text end

new text begin Use agreements. new text end

new text begin The authority may lease, license, or enter into
agreements and may fix, alter, charge, and collect rentals, fees, and charges to all persons
for the use, occupation, and availability of part or all of any premises, property, or
facilities under its ownership, operation, or control for purposes that will provide athletic,
educational, cultural, commercial, or other entertainment, instruction, or activity for
citizens of the state of Minnesota and visitors. Any use agreement may provide that
the other contracting party has exclusive use of the premises at the times agreed upon,
including exclusive use and control for the term of its agreement by the Minnesota Vikings.
new text end

new text begin Subd. 12. new text end

new text begin Insurance. new text end

new text begin The authority may require any employee to obtain and
file with it an individual bond or fidelity insurance policy. It may procure insurance in
the amounts it considers necessary against liability of the authority or its officers and
employees for personal injury or death and property damage or destruction, with the force
and effect stated in chapter 466, and against risks of damage to or destruction of any of
its facilities, equipment, or other property.
new text end

new text begin Subd. 13. new text end

new text begin Creating a condominium. new text end

new text begin The authority may, by itself or together with
any other entity, as to real or personal property comprising or appurtenant or ancillary to
the stadium constructed and operated under this chapter or other law, act as a declarant and
establish a condominium or leasehold condominium under chapter 515A, or a common
interest community or leasehold common interest community under chapter 515B, and
may grant, establish, create, or join in other or related easements, agreements, and similar
benefits and burdens that the authority may consider necessary or appropriate, and exercise
any and all rights and privileges and assume obligations under them as a declarant, unit
owner, or otherwise, insofar as practical and consistent with applicable law. The authority
may be a member of an association and the chair, any commissioners, and any officers
and employees of the authority may serve on the board of an association under chapter
515A or 515B or other law.
new text end

new text begin Subd. 14. new text end

new text begin Procurement. new text end

new text begin (a) The authority and the Minnesota Vikings shall
jointly select a construction manager. With respect to the construction of the stadium,
the construction manager must:
new text end

new text begin (1) guarantee a maximum cost of construction; and
new text end

new text begin (2) provide payment and performance bonds or other security reasonably acceptable
to the authority in an amount equal to the guaranteed maximum cost of construction, and
shall comply with section 471.345 and all employment requirements applicable to city,
metropolitan agency, and state contracts for construction, including prevailing wages as
defined in section 177.42, affirmative action, and outreach.
new text end

new text begin (b) The lessee under the stadium lease described in section 473J.08, subdivision 2,
or the construction manager may enter into contracts with contractors for labor, materials,
supplies, and equipment to equip and construct the new stadium through the process
of public bidding.
new text end

new text begin (c) The lessee or the construction manager may:
new text end

new text begin (1) limit the list of eligible bidders to those that the construction manager determines
possess sufficient expertise to perform the intended functions;
new text end

new text begin (2) award contracts to the contractors that the construction manager determines
provide the best value, which need not be the lowest responsible bidder; and
new text end

new text begin (3) for work the construction manager determines to be critical to the completion
schedule, award contracts on the basis of competitive proposals or perform work with
its own forces without soliciting competitive bids if the construction manager provides
evidence of competitive pricing.
new text end

new text begin Subd. 15. new text end

new text begin Audit. new text end

new text begin The authority is subject to audit by the state auditor.
new text end

Sec. 8.

new text begin [473J.06] ISSUANCE OF BONDS.
new text end

new text begin Subdivision 1. new text end

new text begin Bonds. new text end

new text begin (a) The authority may by resolution, by a vote of a majority
of its members, authorize the sale and issuance of its bonds for any or all of the following
purposes:
new text end

new text begin (1) to provide funds and pay costs to predesign, design, construct, furnish, equip,
and otherwise improve or better the sports facilities owned or to be owned by the authority
pursuant to this act, including construction of a retractable or fixed roof, and to finance
acquisition of right-of-way and construction and reconstruction of Interstate Highway
35W and other trunk highways in Anoka County to improve access to the stadium;
new text end

new text begin (2) to establish a reserve fund or funds for the bonds and to pay costs of issuance
of the bonds;
new text end

new text begin (3) to refund bonds issued under this section; and
new text end

new text begin (4) to fund judgments entered by any court against the authority in matters relating
to the authority's functions related to the sports facilities.
new text end

new text begin (b) The county may by resolution by a vote of a majority of its members authorize
the sale and issuance of its bonds for the costs of constructing and equipping the stadium.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin The bonds shall be sold, issued, and secured on the terms
and conditions the authority or the county, as applicable, determines to be in the best
interests of the authority or county and residents therein, except as otherwise provided in
this chapter. The bonds must be limited obligations, payable solely from or secured by
taxes levied and any other revenues to become available under this act. The bonds may
be issued in one or more series and sold without an election. The bonds shall be sold in
the manner provided by section 475.60. The bonds shall be secured; bear the interest
rate or rates or a variable rate; have the rank or priority; be executed in the manner; be
payable in the manner; mature; and be subject to the defaults, redemptions, repurchases,
tender options, or other terms, as the county may determine. The county may enter into
and perform all contracts deemed necessary or desirable by it to issue and secure the
bonds, including an indenture of trust with a trustee within or without the state. The debt
represented by the bonds shall not be included in computing any debt limitation applicable
to the county. Subject to this subdivision, the bonds must be issued and sold in the manner
provided in Minnesota Statutes, chapter 475. The bonds shall recite that they are issued
under this act and the recital shall be conclusive as to the validity of the bonds and the
imposition and pledge of the taxes levied for their payment.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin (a) The principal amount of the bonds issued under
subdivision 1 shall not exceed the amounts authorized in this subdivision. The principal
amount of bonds issued by the authority under subdivision 1, paragraph (a), clauses (1)
and (2), shall be limited to $230,000,000 plus the amounts necessary to fund appropriate
reserves and pay issuance costs.
new text end

new text begin (b) The principal amount of the bonds issued by the county under subdivision 1,
paragraph (b), shall be limited to $280,000,000, plus the amounts necessary to fund
appropriate reserves and pay issuance costs.
new text end

new text begin (c) The authority and the county shall issue the bonds, and construction of the
stadium may commence when the authority has made the following determinations:
new text end

new text begin (1) the authority has executed a long-term use agreement with the Minnesota
Vikings, meeting the requirements of section 473J.08;
new text end

new text begin (2) the authority has executed a development and financing agreement with Anoka
County, the city of Blaine, and the Minnesota Vikings meeting the requirements of section
473J.07;
new text end

new text begin (3) the proceeds of bonds authorized and provided for in this subdivision will
be sufficient, together with other capital funds that may be available to the authority
for expenditure on the sports facilities, including, except as otherwise provided in this
subdivision, the acquisition, clearance, relocation, and legal costs referred to in clauses
(4) and (5);
new text end

new text begin (4) the authority has acquired title to or an interest in all real property, including all
easements, air rights, and other appurtenances needed for the construction and operation of
the sports facility or has received a grant of funds or has entered into agreements sufficient
in the judgment of the authority to assure the receipt of funds, at the time and in the
amount required, to make any payment upon which the authority's acquisition of title or
interest in and possession of the real property is conditioned;
new text end

new text begin (5) the authority has received a grant of funds or entered into agreements sufficient
in the judgment of the authority to assure the receipt of funds, at the time and in the
amount required, to pay all costs, except as provided in this subdivision, of clearing the
real property needed for the construction and operation of the sports facilities, railroad
tracks, and other structures, including, without limitation, all relocation costs, all utility
relocation costs, and all legal costs;
new text end

new text begin (6) the authority has executed agreements to prevent strikes that would halt, delay, or
impede construction of the sports facilities;
new text end

new text begin (7) the authority has executed agreements that will provide for the construction of
the sports facilities for a certified or guaranteed construction price and completion date
and which include performance bonds in an amount at least equal to 100 percent of the
certified or guaranteed price to cover any costs that may be incurred over and above the
certified price, including, but not limited to, costs incurred by the authority or loss of
revenues resulting from incomplete construction on the completion date;
new text end

new text begin (8) the anticipated revenue from the operation of the sports facilities plus any
additional available revenue of the authority will be an amount sufficient to pay when
due all debt service on the bonds issued under subdivision 1, paragraph (a), plus all
administration, operating, and maintenance expense of the sports facilities;
new text end

new text begin (9) the authority has determined that all public and private funding sources for
construction and operation of the sports facilities are officially committed in writing and
enforceable. The committed funds must be adequate to site, design, construct, furnish,
equip, and service the sports facilities debt, as well as to pay for the ongoing operation
and maintenance of the stadium;
new text end

new text begin (10) the authority shall ensure that a guaranty is in place in a form satisfactory
to the authority. The guaranty may be in the form of a letter of credit, minimum net
worth requirements, personal guaranties, or other surety covering the payments on terms
determined by the authority's negotiations with the Minnesota Vikings; and
new text end

new text begin (11) the validity of any bonds issued under subdivision 1, paragraph (a), clauses (1)
and (2), or (b), and the obligation of the authority or the county related to them, shall
not be conditioned upon or impaired by the authority's determinations made under this
subdivision. For purposes of issuing the bonds, the determinations made by the authority
shall be deemed conclusive and the authority shall be and remain obligated for the security
and payment of the bonds issued under subdivision 1, paragraph (a), irrespective of
determinations that may be erroneous, inaccurate, or otherwise mistaken.
new text end

new text begin Subd. 4. new text end

new text begin Security. new text end

new text begin To the extent and in the manner provided in this chapter, the
taxes described in this chapter, the tax and other revenues of the authority described in this
act, and any other revenues of the authority attributable to the sports facilities, including
teams' and Anoka County contributions, shall be and remain pledged and appropriated to
the authority as appropriate for the payment of all necessary and reasonable expenses of
the operation, administration, maintenance of the sports facilities, and debt service of the
bonds until all bonds or certificates of indebtedness issued pursuant to this chapter are
fully paid or discharged in accordance with law. Bonds issued pursuant to this chapter
may be secured by a bond resolution, or by a trust indenture entered into by the authority
or county, as applicable, with a corporate trustee within or outside the state, which shall
define the tax and team contributions, and other sports facilities revenues pledged for the
payment and security of the bonds. The pledge shall be a valid charge on the tax and all
other revenues referred to in this chapter from the date when bonds are first issued or
secured under the resolution or indenture and shall secure the payment of principal and
interest and redemption premiums when due and the maintenance at all times of a reserve
or reserves securing payments. No mortgage of or security interest in any tangible real or
personal property shall be granted to the bondholders or the trustee, but they shall have a
valid security interest in all tax and other revenues received and accounts receivable by
the authority or county shall be hereunder, as against the claims of all other persons in
tort, contract, or otherwise, irrespective of whether the parties have notice of the claims,
and without possession or filing as provided in the Uniform Commercial Code or any
other law. In the bond resolution or trust indenture, the authority or county may make
covenants, which shall be binding upon the authority or county, that are determined to be
usual and reasonably necessary for the protection of the bondholders. No pledge shall be
revoked or amended by law or by action of the authority or county except according to
the terms of the bond resolution or indenture under which the bonds are issued, until the
obligations of the authority are fully discharged.
new text end

new text begin Subd. 5. new text end

new text begin No full faith and credit. new text end

new text begin Any bonds or other obligations issued by the
authority or county under this act are not public debt of the state, and the full faith and
credit and taxing powers of the state are not pledged for their payment or of any payments
that the state agrees to make under this act.
new text end

new text begin Subd. 6. new text end

new text begin Taxability of interest on bonds. new text end

new text begin The bonds authorized by this act may
be issued whether or not the interest to be paid on them is gross income for federal tax
purposes, provided that the authority and the county must make an effort to arrange the
financing for the project in a manner that would allow the interest to be tax exempt to the
greatest extent possible.
new text end

Sec. 9.

new text begin [473J.07] DEVELOPMENT AND FINANCING AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Agreement required. new text end

new text begin Prior to the issuance of bonds under section
473J.06, the authority shall negotiate and enter into an agreement with Anoka County,
the city of Blaine, and the Minnesota Vikings concerning the terms and conditions under
which the parties will make contributions of funds, future revenues, interests in property
for the site and public infrastructure, the method of completing design and construction,
which may include the design-build process, the integration of the stadium and related
infrastructure with surrounding development, and other matters relating to the stadium,
its operation, maintenance, and financing. This agreement shall, at a minimum, meet
the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Total public investment towards stadium project costs. new text end

new text begin The total public
investment, including Anoka County's revenue contributions and revenues collected by
the authority in the stadium district defined in section 473J.02, subdivision 2, shall not
exceed 59 percent of the stadium project costs. As used in this section, "stadium project
costs" includes the costs of the following:
new text end

new text begin (1) acquisition of land needed for the stadium structure and related parking and
infrastructure;
new text end

new text begin (2) design and construction of the stadium and related infrastructure;
new text end

new text begin (3) finished space and fixtures, furniture, and equipment within the stadium project
for the Minnesota Vikings, concessions, suites, and the administrative offices of the
authority;
new text end

new text begin (4) land, design, construction, fixtures, furniture, and equipment for the Minnesota
Vikings' indoor practice facility and exhibition hall; and
new text end

new text begin (5) professional and administrative services necessary for issuance of bonds and
related costs and for creating the authority.
new text end

new text begin The extent of the expenditures under this section is subject to the agreement of
Anoka County and the Minnesota Vikings. Expenditures for finishing and equipping
the space within the stadium for the Minnesota Vikings is subject to a per-square-foot
maximum agreed to by the county and the team.
new text end

new text begin Subd. 3. new text end

new text begin Team contribution. new text end

new text begin The team must contribute no less than $280,000,000
to the sports facility costs. Team contributions may include, but are not limited to,
contribution of land, initial cash contributions, guaranteed annual payments, and
assignments of naming rights and permanent seat licenses, but does not include payments
of operating and maintenance expenses for the stadium, which must be made by the team.
In addition to any other team contribution, the team must assume and pay when due
all cost overruns for the stadium.
new text end

Sec. 10.

new text begin [473J.08] USE AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Prior to the issuance of bonds under section 473J.06,
the authority must have entered into an agreement with the Minnesota Vikings and the
National Football League meeting the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Agreement with Minnesota Vikings. new text end

new text begin The authority shall enter into a use
agreement with the Minnesota Vikings that, at a minimum, provides for the following:
new text end

new text begin (1) the Minnesota Vikings will use the stadium for all scheduled home preseason,
regular season, and postseason games that the team is entitled to play at home for a term
of not less than 30 years;
new text end

new text begin (2) the agreement must include terms for default, termination, and breach of
agreement; and
new text end

new text begin (3) the agreement must require specific performance and must not include escape
clauses or buyout provisions.
new text end

new text begin Subd. 3. new text end

new text begin Agreement with National Football League. new text end

new text begin The authority shall enter
into an agreement with the National Football League guaranteeing the continuance of the
Minnesota Vikings in the metropolitan area for the period of the agreements referred to in
subdivision 2, clause (1).
new text end

new text begin Subd. 4. new text end

new text begin Public share upon sale of team. new text end

new text begin The lease or use agreement must provide
that, if the team is sold other than to the county, after the effective date of this act and
before the bonds are defeased, a portion of the sale price must be paid to the county and
used to defease the bonds issued under this act. The portion required to be so paid to the
county is 18 percent of the gross sale price. Any portion remaining after the defease of the
bonds must be paid to the authority and deposited in a reserve fund for improvements to
the stadium or expended as otherwise directed by the authority.
new text end

Sec. 11.

new text begin [473J.09] ANOKA COUNTY REVENUE SOURCES; ADDITIONAL
SPENDING AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Anoka County may utilize the following revenue sources
to make contributions to its share of the total stadium project costs.
new text end

new text begin Subd. 2. new text end

new text begin Taxing authority. new text end

new text begin To provide local government revenues to finance the
stadium under this act, including payment of debt service on obligations issued under
section 473J.06, subdivision 1, paragraph (b), Anoka County may:
new text end

new text begin (1) impose a tax on restaurants, places of amusement, alcoholic beverages, or
prepared food, or a tax on lodging, or any of them; or
new text end

new text begin (2) impose a general sales and use tax on sales subject to taxation under chapter
297A, within its jurisdiction of not more than 0.75 percent.
new text end

new text begin The tax imposed under clause (2) must terminate 30 days after the stadium authority
determines that sufficient revenues have been received from this tax and other sources to
retire or redeem the bonds issued under section 473J.06, subdivision 1, paragraph (b).
new text end

new text begin The taxes may be imposed notwithstanding section 477A.016. The requirements of section
297A.99, subdivisions 2 and 3, do not apply to any tax imposed under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Excess revenues. new text end

new text begin In any year in which the revenues raised by the taxes
imposed under this section exceed the amount necessary for payment of debt service on
obligations issued under section 473J.06, subdivision 1, the excess shall be used to redeem
or defease bonds issued by the county under section 473J.06, subdivision 1. Upon the
redemption or defeasance of the bonds, the taxes under this subdivision shall terminate
and not be reimposed.
new text end

Sec. 12.

new text begin [473J.10] STADIUM TAX INCREMENT COMPUTATION.
new text end

new text begin (a) For any year during which National Football League games are played in the
stadium constructed under this act, the commissioner of revenue shall, by March 1 of the
following year, certify the amount of stadium taxes collected in the previous calendar
year and the amount by which those taxes are in excess of a baseline tax amount. The
amount of stadium taxes that are certified by the commissioner as being in excess of the
baseline tax amount must be deposited in a debt service account in the state treasury and is
appropriated each year to the authority to pay the principal and interest on revenue bonds
issued under section 473J.06, subdivision 1, paragraph (a), for the stadium.
new text end

new text begin (b) The stadium taxes are the taxes collected at the stadium district as described in
this paragraph. Each year, stadium taxes equal the sum of (1) the withholding taxes due
in a calendar year pursuant to section 290.92 by the Minnesota Vikings, (2) the sales tax
on ticket sales for admission to professional football-related events at the stadium and
sales tax remitted by vendors and concessionaires for sales at professional football-related
events occurring at the stadium in a calendar year, and (3) the state general tax imposed
under section 275.025, within the stadium district. The baseline tax amount is the amount
of stadium taxes as determined in this paragraph for professional football games or related
events held in the Metrodome in 2004. The sales tax for football-related events occurring
at the stadium must be reported in the manner prescribed by the commissioner of revenue.
new text end

new text begin (c) The capture of tax increments under this section terminates upon a determination
by the authority that sufficient revenues have been raised from all sources authorized
under this act to retire or redeem the bonds issued under section 473J.06, subdivision 1,
paragraph (a).
new text end

Sec. 13.

new text begin [473J.11] ENVIRONMENTAL REQUIREMENTS.
new text end

new text begin The authority must ensure that environmental requirements imposed by appropriate
regulatory agencies for the sports facilities are complied with. new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 473.5995, new text end new text begin is repealed.
new text end