HF 2480

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

  1.1                          A bill for an act 
  1.2             relating to a ballpark for major league baseball; 
  1.3             providing for the financing, construction, operation, 
  1.4             and maintenance of the ballpark and related 
  1.5             facilities; establishing the Minnesota Ballpark 
  1.6             Authority; authorizing Hennepin County to issue bonds 
  1.7             and to contribute to ballpark costs and to engage in 
  1.8             ballpark and related activities; authorizing local 
  1.9             sales and use taxes and revenues; authorizing 
  1.10            expenditures of tax revenues for youth activities and 
  1.11            amateur sports and the extension of library hours; 
  1.12            requiring actions by the state, the city of 
  1.13            Minneapolis, and the Hennepin County Regional Railroad 
  1.14            Authority; amending Minnesota Statutes 2004, section 
  1.15            297A.71, by adding a subdivision; repealing Minnesota 
  1.16            Statutes 2004, sections 473I.01; 473I.02; 473I.03; 
  1.17            473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 
  1.18            473I.10; 473I.11; 473I.12; 473I.13. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2004, section 297A.71, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 33.  [BUILDING MATERIALS EXEMPTION.] Materials, 
  1.23  supplies, and equipment used or consumed in, and incorporated 
  1.24  into the construction or improvement of the ballpark, and public 
  1.25  infrastructure constructed pursuant to sections 2 to 10, are 
  1.26  exempt. 
  1.27     Sec. 2.  [CONSTRUCTION AND FINANCING OF MAJOR LEAGUE 
  1.28  BALLPARK.] 
  1.29     Subdivision 1.  [PURPOSE; FINDINGS.] The purpose of this 
  1.30  act is to provide for the construction, financing, and long-term 
  1.31  use of a ballpark primarily as a venue for major league 
  1.32  baseball.  It is hereby found and declared that the expenditure 
  2.1   of public funds for this purpose is necessary and serves a 
  2.2   public purpose.  It is further found and declared that any 
  2.3   provision in a lease or use agreement with a major league team, 
  2.4   that requires the team to play its home games in a publicly 
  2.5   funded ballpark for the duration of the lease or use agreement, 
  2.6   serves a unique public purpose for which the remedies of 
  2.7   specific performance and injunctive relief are essential to its 
  2.8   enforcement.  It is further found and declared that government 
  2.9   assistance to facilitate the presence of major league baseball 
  2.10  provides to Hennepin County, the state of Minnesota, and its 
  2.11  citizens highly valued intangible benefits that are virtually 
  2.12  impossible to quantify and, therefore, not recoverable even if 
  2.13  the government receives monetary damages in the event of a 
  2.14  team's breach of contract.  Minnesota courts are, therefore, 
  2.15  charged with protecting those benefits through the use of 
  2.16  specific performance and injunctive relief as provided herein 
  2.17  and in the lease and use agreements. 
  2.18     Subd. 2.  [LOCATION.] The ballpark must be located in the 
  2.19  city of Minneapolis at a site within the development area. 
  2.20     Subd. 3.  [DEFINITIONS.] As used in this act, the following 
  2.21  terms have the meanings given in this subdivision: 
  2.22     (a) "Authority" means the Minnesota Ballpark Authority 
  2.23  established under section 3. 
  2.24     (b) "Ballpark" means the stadium suitable for major league 
  2.25  baseball to be constructed and financed under this act. 
  2.26     (c) "Ballpark costs" means, unless the context otherwise 
  2.27  indicates, the cost of designing, constructing, and equipping a 
  2.28  ballpark suitable for major league baseball.  "Ballpark cost" 
  2.29  excludes the cost of land acquisition, site improvements, 
  2.30  utilities, site demolition, environmental remediation, railroad 
  2.31  crash wall, site furnishings, landscaping, railroad right-of-way 
  2.32  development, district energy, site graphics and artwork and 
  2.33  other site improvements identified by the authority, public 
  2.34  infrastructure, capital improvement reserves, bond reserves, 
  2.35  capitalized interest, and financing costs. 
  2.36     (d) "County" means Hennepin County. 
  3.1      (e) "Development area" means the area in the city of 
  3.2   Minneapolis bounded by marked Interstate Highway 394, vacated 
  3.3   Holden Street, the Burlington Northern right-of-way, Seventh 
  3.4   Street North, Sixth Avenue North, and Fifth Street North. 
  3.5      (f) "Public infrastructure" means all property, facilities, 
  3.6   and improvements determined by the authority or the county to 
  3.7   facilitate the development and use of the ballpark, whether or 
  3.8   not located in the development area, including but not limited 
  3.9   to property and improvements for drainage, environmental 
  3.10  remediation, parking, roadways, walkways, skyways, pedestrian 
  3.11  bridges, bicycle paths, and transit improvements to facilitate 
  3.12  public access to the ballpark, lighting, landscaping, utilities, 
  3.13  streets, and land acquired and prepared for private 
  3.14  redevelopment in a manner related to the use of the ballpark.  
  3.15     (g) "Team" means the owner and operator of the baseball 
  3.16  team currently known as the Minnesota Twins. 
  3.17     Sec. 3.  [MINNESOTA BALLPARK AUTHORITY.] 
  3.18     Subdivision 1.  [ESTABLISHMENT.] To achieve the purposes of 
  3.19  this act, the Minnesota Ballpark Authority is established as a 
  3.20  public body, corporate and politic, and political subdivision of 
  3.21  the state.  The authority is not a joint powers entity or an 
  3.22  agency or instrumentality of the county.  The authority may 
  3.23  acquire title to all land, air rights, and other interests in 
  3.24  real property needed for construction and operation of the 
  3.25  ballpark and related facilities.  The authority may enter into 
  3.26  contracts for and take all actions necessary or desirable to 
  3.27  design, construct, furnish, equip, and provide for the 
  3.28  operation, maintenance, and improvement of the ballpark and 
  3.29  related facilities, and has all powers necessary or incidental 
  3.30  to those actions. 
  3.31     Subd. 2.  [COMPOSITION.] (a) The Minnesota Ballpark 
  3.32  Authority shall be governed by a commission consisting of: 
  3.33     (1) two members appointed by the governor; 
  3.34     (2) two members, including the chair, appointed by the 
  3.35  county board; and 
  3.36     (3) one member appointed by the governing body of the city 
  4.1   of Minneapolis. 
  4.2      (b) All members appointed under paragraph (a), clause (1), 
  4.3   serve at the pleasure of the governor.  All members appointed 
  4.4   under paragraph (a), clause (2), serve at the pleasure of the 
  4.5   county board.  The member appointed under paragraph (a), clause 
  4.6   (3), serves at the pleasure of the governing body of the city of 
  4.7   Minneapolis. 
  4.8      Subd. 3.  [CHAIR.] The chair shall preside at all meetings 
  4.9   of the commission, if present, and shall perform all other 
  4.10  assigned duties and functions.  The commission may appoint from 
  4.11  among its members a vice-chair to act for the chair during the 
  4.12  temporary absence or disability of the chair.  
  4.13     Subd. 4.  [BYLAWS.] The authority shall adopt bylaws to 
  4.14  establish rules of procedure, the powers and duties of its 
  4.15  officers, and other matters relating to the governance of the 
  4.16  authority and the exercise of its powers. 
  4.17     Sec. 4.  [POWERS OF AUTHORITY.] 
  4.18     Subdivision 1.  [GENERAL.] The authority has all powers 
  4.19  necessary or convenient to accomplish the purposes of this act, 
  4.20  including, but not limited to, those specified in this section. 
  4.21     Subd. 2.  [ACTIONS.] The authority may sue and be sued.  
  4.22  The authority is a public body and the ballpark and public 
  4.23  infrastructure are public improvements within the meaning of 
  4.24  Minnesota Statutes, chapter 562.  The authority is a 
  4.25  municipality within the meaning of Minnesota Statutes, chapter 
  4.26  466. 
  4.27     Subd. 3.  [ACQUISITION OF PROPERTY.] The authority may 
  4.28  acquire from any public or private entity by lease, purchase, 
  4.29  condemnation, gift, or devise all necessary right, title, and 
  4.30  interest in and to real or personal property deemed necessary to 
  4.31  the purposes contemplated by this act.  
  4.32     Subd. 4.  [PROPERTY TAX EXEMPTION; SPECIAL 
  4.33  ASSESSMENTS.] Any real or personal property acquired, owned, 
  4.34  leased, controlled, used, or occupied by the authority or county 
  4.35  for any of the purposes of this act is declared to be acquired, 
  4.36  owned, leased, controlled, used, and occupied for public, 
  5.1   governmental, and municipal purposes, and is exempt from ad 
  5.2   valorem taxation by the state or any political subdivision of 
  5.3   the state; provided that the properties are subject to special 
  5.4   assessments levied by a political subdivision for a local 
  5.5   improvement in amounts proportionate to and not exceeding the 
  5.6   special benefit received by the properties from the 
  5.7   improvement.  No possible use of any of the properties in any 
  5.8   manner different from their use under this act at the time may 
  5.9   be considered in determining the special benefit received by the 
  5.10  properties.  Notwithstanding Minnesota Statutes, section 272.01, 
  5.11  subdivision 2, or section 273.19, real or personal property 
  5.12  leased by the authority or county to another person for uses 
  5.13  related to the purposes of this act, including the operation of 
  5.14  the ballpark and related parking facilities, is exempt from 
  5.15  taxation regardless of the length of the lease.  This 
  5.16  subdivision, insofar as it provides an exemption or special 
  5.17  treatment, does not apply to any real property that is leased 
  5.18  for residential, business, or commercial development or other 
  5.19  purposes different from those contemplated in this act. 
  5.20     Subd. 5.  [DATA PRACTICES; OPEN MEETINGS.] Except as 
  5.21  otherwise provided in this act, the authority is subject to 
  5.22  Minnesota Statutes, chapters 13 and 13D. 
  5.23     Subd. 6.  [FACILITY OPERATION.] The authority may equip, 
  5.24  improve, operate, manage, maintain, and control the ballpark and 
  5.25  related facilities constructed, remodeled, or acquired under 
  5.26  this act, subject to the rights and obligations transferred to 
  5.27  and assumed by the team or other user under the terms of a lease 
  5.28  or use agreement.  
  5.29     Subd. 7.  [DISPOSITION OF PROPERTY.] The authority may 
  5.30  sell, lease, or otherwise dispose of any real or personal 
  5.31  property acquired by it that is no longer required for 
  5.32  accomplishment of its purposes.  The property may be sold in 
  5.33  accordance with the procedures provided by Minnesota Statutes, 
  5.34  section 469.065, except subdivisions 6 and 7, to the extent the 
  5.35  authority deems to be practical and consistent with this act.  
  5.36  Title to the ballpark shall not otherwise be transferred or sold 
  6.1   without approval by the legislature. 
  6.2      Subd. 8.  [EMPLOYEES; CONTRACTS FOR SERVICES.] The 
  6.3   authority may employ persons and contract for services necessary 
  6.4   to carry out its functions, including the utilization of 
  6.5   employees and consultants retained by other governmental 
  6.6   entities.  The authority may employ on the terms it deems 
  6.7   advisable persons or firms to provide traffic officers to direct 
  6.8   traffic on property under the control of the authority and on 
  6.9   the city streets in the general area of the property controlled 
  6.10  by the authority. 
  6.11     Subd. 9.  [GIFTS AND GRANTS.] The authority may accept 
  6.12  monetary contributions, property, services, and grants or loans 
  6.13  of money or other property from the United States, the state, 
  6.14  any subdivision of the state, any agency of those entities, or 
  6.15  any person for any of its purposes, and may enter into any 
  6.16  agreement required in connection with them.  The authority shall 
  6.17  hold, use, and dispose of the money, property, or services 
  6.18  according to the terms of the monetary contributions, grant, 
  6.19  loan, or agreement.  
  6.20     Subd. 10.  [RESEARCH.] The authority may conduct research 
  6.21  studies and programs; collect and analyze data; prepare reports, 
  6.22  maps, charts, and tables; and conduct all necessary hearings and 
  6.23  investigations in connection with its functions.  
  6.24     Subd. 11.  [USE AGREEMENTS.] The authority may lease, 
  6.25  license, or enter into use agreements and may fix, alter, 
  6.26  charge, and collect rentals, fees, and charges for the use, 
  6.27  occupation, and availability of part or all of any premises, 
  6.28  property, or facilities under its ownership, operation, or 
  6.29  control for purposes that will provide athletic, educational, 
  6.30  cultural, commercial, or other entertainment, instruction, or 
  6.31  activity for the citizens of Minnesota and visitors.  Any such 
  6.32  use agreement may provide that the other contracting party has 
  6.33  exclusive use of the premises at the times agreed upon, as well 
  6.34  as the right to retain all revenues from ticket sales, suite 
  6.35  licenses, concessions, advertising, naming rights, and other 
  6.36  revenues derived from the ballpark.  The lease or use agreement 
  7.1   with a team shall provide for the payment by the team of 
  7.2   operating and maintenance costs and expenses and provide other 
  7.3   terms the authority and team agree to. 
  7.4      Subd. 12.  [INSURANCE.] The authority may require any 
  7.5   employee to obtain and file with it an individual bond or 
  7.6   fidelity insurance policy.  It may procure insurance in the 
  7.7   amounts it considers necessary against liability of the 
  7.8   authority or its officers and employees for personal injury or 
  7.9   death and property damage or destruction, consistent with 
  7.10  Minnesota Statutes, chapter 466, and against risks of damage to 
  7.11  or destruction of any of its facilities, equipment, or other 
  7.12  property. 
  7.13     Subd. 13.  [EXEMPTION FROM COUNCIL REVIEW; BUSINESS SUBSIDY 
  7.14  ACT.] The acquisition and betterment of a ballpark by the 
  7.15  authority must be conducted pursuant to this act and are not 
  7.16  subject to Minnesota Statutes, sections 473.165 and 473.173.  
  7.17  Minnesota Statutes, section 116J.994, does not apply to any 
  7.18  transactions of the county, the authority, or other governmental 
  7.19  entity related to the ballpark or public infrastructure, or to 
  7.20  any tenant or other users of them. 
  7.21     Subd. 14.  [ZONING AND PLANNING PREEMPTION.] The authority 
  7.22  and the county are not required to obtain a site permit or other 
  7.23  approval of any local government or special purpose government 
  7.24  to construct the ballpark or public infrastructure or to use 
  7.25  land within the development area for those purposes, except 
  7.26  building permits.  Approval by the authority of the ballpark 
  7.27  facility and approval by the county of public infrastructure 
  7.28  supersedes and preempts all zoning and land use rules, 
  7.29  regulations, or ordinances promulgated by regional, local, and 
  7.30  special purpose government.  No local building permit shall be 
  7.31  denied for failure to comply with any zoning or land use rule, 
  7.32  regulation, or ordinance.  Local governmental units shall take 
  7.33  action promptly and within project design and construction 
  7.34  timetables on applications for building permits and certificates 
  7.35  of occupancy.  The county shall be the responsible governmental 
  7.36  unit for any environmental impact statement prepared under 
  8.1   Minnesota Statutes, section 116D.04.  Governmental units granted 
  8.2   authority under this act may make decisions and take actions to 
  8.3   acquire land, obtain financing, and impose the tax under section 
  8.4   6, prior to completion of environmental review. 
  8.5      Subd. 15.  [CONTRACTS.] The authority may enter into a 
  8.6   development agreement with the team, the county, or any other 
  8.7   entity relating to the construction, financing, and use of the 
  8.8   ballpark and related facilities and public infrastructure.  The 
  8.9   authority may contract for materials, supplies, and equipment in 
  8.10  accordance with Minnesota Statutes, section 471.345, except that 
  8.11  the authority, with the consent of the county, may employ or 
  8.12  contract with persons, firms, or corporations to perform one or 
  8.13  more or all of the functions of architect, engineer, or 
  8.14  construction manager with respect to all or any part of the 
  8.15  ballpark and public infrastructure.  Alternatively, at the 
  8.16  request of the team and with the consent of the county, the 
  8.17  authority shall authorize the team to provide for the design and 
  8.18  construction of the ballpark, subject to terms of this act.  The 
  8.19  construction manager may enter into contracts with contractors 
  8.20  for labor, materials, supplies, and equipment for the 
  8.21  construction of the ballpark through the process of public 
  8.22  bidding, except that the construction manager may, with the 
  8.23  consent of the authority or the team: 
  8.24     (1) narrow the listing of eligible bidders to those which 
  8.25  the construction manager determines to possess sufficient 
  8.26  expertise to perform the intended functions; 
  8.27     (2) award contracts to the contractors that the 
  8.28  construction manager determines provide the best value, which 
  8.29  are not required to be the lowest responsible bidder; and 
  8.30     (3) for work the construction manager determines to be 
  8.31  critical to the completion schedule, award contracts on the 
  8.32  basis of competitive proposals or perform work with its own 
  8.33  forces without soliciting competitive bids if the construction 
  8.34  manager provides evidence of competitive pricing.  
  8.35  The authority may require that the construction manager shall 
  8.36  certify, before the contract is finally signed, a certified, 
  9.1   fixed, and stipulated construction price and completion date to 
  9.2   the authority and shall post a bond in an amount at least equal 
  9.3   to 100 percent of the certified price, to cover any costs, which 
  9.4   may be incurred in excess of the certified price, including but 
  9.5   not limited to costs incurred by the authority or loss of 
  9.6   revenues resulting from incomplete construction on the 
  9.7   completion date.  The authority may secure surety bonds as 
  9.8   provided in Minnesota Statutes, section 574.26, securing payment 
  9.9   of just claims in connection with all public work undertaken by 
  9.10  it.  Persons entitled to the protection of the bonds may enforce 
  9.11  them as provided in Minnesota Statutes, sections 574.28 to 
  9.12  574.32, and shall not be entitled to a lien on any property of 
  9.13  the authority under the provisions of Minnesota Statutes, 
  9.14  sections 514.01 to 514.16.  Contracts for construction and 
  9.15  operation of the ballpark must include programs to provide for 
  9.16  participation by small, local, women, and minority businesses, 
  9.17  and the inclusion of women and people of color in the workforces 
  9.18  of contractors and ballpark operators. 
  9.19     Sec. 5.  [CRITERIA AND CONDITIONS.] 
  9.20     Subdivision 1.  [BINDING AND ENFORCEABLE.] In developing 
  9.21  the ballpark and entering into related contracts, the authority 
  9.22  must follow and enforce the criteria and conditions in 
  9.23  subdivisions 2 to 13, provided that a determination by the 
  9.24  authority that those criteria or conditions have been met under 
  9.25  any agreement or otherwise shall be conclusive.  
  9.26     Subd. 2.  [TEAM CONTRIBUTIONS.] The team must agree to 
  9.27  contribute $125,000,000 toward ballpark costs, less a 
  9.28  proportionate share of any amount by which actual ballpark costs 
  9.29  may be less than a budgeted amount of $360,000,000.  The team 
  9.30  contributions must be funded in cash during the construction 
  9.31  period.  In addition to any other team contribution, the team 
  9.32  must agree to assume and pay when due all cost overruns for the 
  9.33  ballpark costs that exceed the budget, excluding land, site 
  9.34  improvements, and public infrastructure.  
  9.35     Subd. 3.  [RESERVE FOR CAPITAL IMPROVEMENTS.] The authority 
  9.36  shall require that a reserve fund for capital improvements to 
 10.1   the stadium be established and funded with annual team payments 
 10.2   of $600,000 and annual payments from other sources of 
 10.3   $1,400,000, which annual payments shall increase according to an 
 10.4   inflation index determined by the authority.  The authority may 
 10.5   accept contributions from the county or other source for the 
 10.6   portion of the funding not required to be provided by the team. 
 10.7      Subd. 4.  [LEASE OR USE AGREEMENTS.] The authority and team 
 10.8   must agree to a long-term lease or use agreement with the team 
 10.9   for its use of the ballpark.  The team must agree to play all 
 10.10  regularly scheduled and postseason home games at the ballpark.  
 10.11  Preseason games may also be scheduled and played at the 
 10.12  ballpark.  The lease or use agreement must be for a term of at 
 10.13  least 30 years from the date of ballpark completion.  The lease 
 10.14  or use agreement must include terms for default, termination, 
 10.15  and breach of the agreement.  Recognizing that the presence of 
 10.16  major league baseball provides to Hennepin County, the state of 
 10.17  Minnesota, and its citizens highly valued, intangible benefits 
 10.18  that are virtually impossible to quantify and, therefore, not 
 10.19  recoverable in the event of a team owner's breach of contract, 
 10.20  the lease and use agreements must provide for specific 
 10.21  performance and injunctive relief to enforce provisions relating 
 10.22  to use of the ballpark for major league baseball and must not 
 10.23  include escape clauses or buyout provisions. 
 10.24     Subd. 5.  [NOTICE REQUIREMENT FOR CERTAIN EVENTS.] Until 30 
 10.25  years from the date of ballpark completion, the team must 
 10.26  provide written notice to the authority not less than 90 days 
 10.27  prior to any action, including any action imposed upon the team 
 10.28  by Major League Baseball, which would result in a breach or 
 10.29  default of provisions of the lease or use agreements required to 
 10.30  be included under subdivision 4.  If this notice provision is 
 10.31  violated and the team has already breached or been in default 
 10.32  under the required provisions, the authority, the county, or the 
 10.33  state of Minnesota is authorized to specifically enforce the 
 10.34  lease or use agreement, and Minnesota courts are authorized and 
 10.35  directed to fashion equitable remedies so that the team may 
 10.36  fulfill the conditions of the lease and use agreements, 
 11.1   including, but not limited to, remedies against Major League 
 11.2   Baseball. 
 11.3      Subd. 6.  [ENFORCEABLE FINANCIAL COMMITMENTS.] The 
 11.4   authority must determine before ballpark construction begins 
 11.5   that all public and private funding sources for construction and 
 11.6   operation of the ballpark are included in written agreements.  
 11.7   The committed funds must be adequate to design, construct, 
 11.8   furnish, and equip the ballpark. 
 11.9      Subd. 7.  [ENVIRONMENTAL REQUIREMENTS.] The authority must 
 11.10  ensure that environmental requirements imposed by regulatory 
 11.11  agencies for the ballpark, site, and structure are complied with.
 11.12     Subd. 8.  [PUBLIC SHARE UPON SALE OF TEAM.] The lease or 
 11.13  use agreement must provide that, if the team is sold after the 
 11.14  effective date of this act, a portion of the sale price must be 
 11.15  paid to the authority and deposited in a reserve fund for 
 11.16  improvements to the ballpark or expended as the authority may 
 11.17  otherwise direct.  The portion required to be so paid to the 
 11.18  authority is 18 percent of the gross sale price, declining to 
 11.19  zero ten years after commencement of ballpark construction in 
 11.20  increments of 1.8 percent each year.  The agreement shall 
 11.21  provide exceptions for sales to members of the owner's family 
 11.22  and entities and trusts beneficially owned by family members, 
 11.23  sales to employees of equity interests aggregating up to ten 
 11.24  percent, and sales related to capital infusions not distributed 
 11.25  to the owners. 
 11.26     Subd. 9.  [ACCESS TO BOOKS AND RECORDS.] The authority must 
 11.27  seek a provision in the lease or use agreement that provides the 
 11.28  authority access to annual audited financial statements of the 
 11.29  team and other financial books and records that the authority 
 11.30  deems necessary to determine compliance by the team with this 
 11.31  act and to enforce the terms of any lease or use agreements 
 11.32  entered into under this act.  Any financial information obtained 
 11.33  by the authority under this subdivision is nonpublic data under 
 11.34  Minnesota Statutes, section 13.02, subdivision 9. 
 11.35     Subd. 10.  [AFFORDABLE ACCESS.] To the extent determined by 
 11.36  the authority or required by a grant agreement, any lease or use 
 12.1   agreement must provide for affordable access to the professional 
 12.2   sporting events held in the ballpark.  
 12.3      Subd. 11.  [NO STRIKES; LOCKOUTS.] The authority must use 
 12.4   its best efforts to negotiate a public sector project labor 
 12.5   agreement or other agreement to prevent strikes and lockouts 
 12.6   that would halt, delay, or impede construction of the ballpark 
 12.7   and related facilities. 
 12.8      Subd. 12.  [YOUTH AND AMATEUR SPORTS.] The lease or use 
 12.9   agreement must require that the team provide or cause to be 
 12.10  provided $250,000 annually for the term of the agreement for 
 12.11  youth activities and amateur sports without reducing the amounts 
 12.12  otherwise normally provided for and on behalf of the team for 
 12.13  those purposes.  The amount shall increase according to an 
 12.14  inflation factor not to exceed 2.5 percent annually and may be 
 12.15  subject to a condition that the county fund grants for similar 
 12.16  purposes as authorized by this act.  
 12.17     Subd. 13.  [NAME RETENTION.] The lease or use agreement 
 12.18  must provide that the team and league will transfer to the state 
 12.19  of Minnesota the Minnesota Twins' heritage and records, 
 12.20  including the name, logo, colors, history, playing records, 
 12.21  trophies and memorabilia in the event of any dissolution or 
 12.22  relocation of the Twins franchise. 
 12.23     Sec. 6.  [COUNTY ACTIVITIES; BONDS; TAXES.] 
 12.24     Subdivision 1.  [ACTIVITIES; CONTRACTS.] The county may 
 12.25  authorize, by resolution, and make one or more grants to the 
 12.26  authority for ballpark development and construction, public 
 12.27  infrastructure, reserves for capital improvements, operating 
 12.28  expenses, and other purposes related to the ballpark on the 
 12.29  terms and conditions agreed to by the county and the authority.  
 12.30     The amount that the county may grant or expend for ballpark 
 12.31  costs shall not exceed $235,000,000.  The amount of any grant 
 12.32  for capital improvement reserves shall not exceed $1,400,000 
 12.33  annually, subject to annual increases according to an inflation 
 12.34  index acceptable to the county.  This act does not limit the 
 12.35  amount of grants or expenditures for land, site improvements, 
 12.36  and public infrastructure.  Such agreements are valid and 
 13.1   enforceable notwithstanding that they involve payments in future 
 13.2   years and they do not constitute a debt of the county within the 
 13.3   meaning of any constitutional or statutory limitation or for 
 13.4   which a referendum is required.  The county may acquire land, 
 13.5   air rights, and other property interests within the development 
 13.6   area for the ballpark site and public infrastructure and convey 
 13.7   it to the authority with or without consideration, prepare a 
 13.8   site for development as a ballpark, and acquire and construct 
 13.9   any related public infrastructure.  The county may review and 
 13.10  approve ballpark designs, plans, and specifications to the 
 13.11  extent provided in a grant agreement and in order to ensure that 
 13.12  the public purposes of the grant are carried out.  Public 
 13.13  infrastructure designs must optimize area transit and bicycle 
 13.14  opportunities, including connections to existing trails.  The 
 13.15  county may enforce the provisions of any grant agreement by 
 13.16  specific performance.  Except to require compliance with the 
 13.17  conditions of the grant, the county has no interest in or claim 
 13.18  to any assets or revenues of the authority.  The county may 
 13.19  initiate an environmental impact statement as the responsible 
 13.20  governmental unit under Minnesota Statutes, section 116D.04, and 
 13.21  conduct other studies and tests necessary to evaluate the 
 13.22  suitability of the ballpark site.  The county has all powers 
 13.23  necessary or convenient for those purposes and may enter into 
 13.24  any contract for those purposes.  The county may reimburse a 
 13.25  local governmental entity within its jurisdiction or make a 
 13.26  grant to such a governmental unit for site acquisition, 
 13.27  preparation of the site for ballpark development, and public 
 13.28  infrastructure.  Amounts expended by a local governmental unit 
 13.29  with the proceeds of a grant or in expectation of reimbursement 
 13.30  by the county shall not be deemed an expenditure or other use of 
 13.31  local governmental resources by the governmental unit within the 
 13.32  meaning of any law or charter limitation.  Exercise by the 
 13.33  county of its powers under this section shall not affect the 
 13.34  amounts that the county is otherwise eligible to spend, tax, or 
 13.35  receive under any law. 
 13.36     It is the intent of the legislature that, except as 
 14.1   expressly limited herein, the county has the authority to 
 14.2   acquire and develop a site for the ballpark, to enter into 
 14.3   contracts with the authority and other governmental entities, to 
 14.4   appropriate funds, and to make employees, consultants, and other 
 14.5   revenues available for those purposes.  The county may exercise 
 14.6   for those purposes all the powers of a city, a housing and 
 14.7   redevelopment authority, a port authority, a community 
 14.8   development agency, and an economic development authority 
 14.9   notwithstanding any limitations on the powers of those entities 
 14.10  with respect to the development of sports facilities buildings 
 14.11  designed or used primarily for professional sports.  
 14.12     Subd. 2.  [COUNTY REVENUE BONDS.] The county may, by 
 14.13  resolution, authorize, sell, and issue revenue bonds to provide 
 14.14  funds to make a grant to the authority and to finance all or a 
 14.15  portion of the costs of site acquisition, site improvements and 
 14.16  other activities necessary to prepare a site for development of 
 14.17  a stadium, and to acquire and construct any related parking 
 14.18  facilities and other public infrastructure.  The county may 
 14.19  also, by resolution, issue bonds to refund the bonds issued 
 14.20  pursuant to this section.  The bonds must be limited 
 14.21  obligations, payable solely from or secured by taxes levied 
 14.22  under subdivision 3, and any other revenues to become available 
 14.23  under this act.  The bonds may be issued in one or more series 
 14.24  and sold without an election.  The bonds shall be sold in the 
 14.25  manner provided by Minnesota Statutes, section 475.60.  The 
 14.26  bonds shall be secured, bear the interest rate or rates or a 
 14.27  variable rate, have the rank or priority, be executed in the 
 14.28  manner, be payable in the manner, mature, and be subject to the 
 14.29  defaults, redemptions, repurchases, tender options, or other 
 14.30  terms, as the county may determine.  The county may enter into 
 14.31  and perform all contracts deemed necessary or desirable by it to 
 14.32  issue and secure the bonds, including an indenture of trust with 
 14.33  a trustee within or without the state.  The debt represented by 
 14.34  the bonds shall not be included in computing any debt limitation 
 14.35  applicable to the county.  Subject to this subdivision, the 
 14.36  bonds must be issued and sold in the manner provided in 
 15.1   Minnesota Statutes, chapter 475.  The bonds shall recite that 
 15.2   they are issued under this act and the recital shall be 
 15.3   conclusive as to the validity of the bonds and the imposition 
 15.4   and pledge of the taxes levied for their payment.  In 
 15.5   anticipation of the issuance of the bonds authorized under this 
 15.6   subdivision and the collection of taxes levied under subdivision 
 15.7   3, the county may provide funds for the purposes authorized by 
 15.8   this act through interfund loans from other available funds of 
 15.9   the county. 
 15.10     Subd. 3.  [SALES AND USE TAX.] (a) Notwithstanding 
 15.11  Minnesota Statutes, section 477A.016, or any other law, the 
 15.12  governing body of the county may, by ordinance, impose an 
 15.13  additional sales tax at a rate not to exceed 0.15 percent on 
 15.14  sales taxable under Minnesota Statutes, chapter 297A, that occur 
 15.15  within the county, and may also, by ordinance, impose a 
 15.16  compensating use tax at a rate not to exceed 0.15 percent on 
 15.17  uses of property within the county, the sale of which would be 
 15.18  subject to the additional sales tax but for the fact that the 
 15.19  property was sold outside the county.  For purposes of this 
 15.20  subdivision, sales that occur within the county do not include 
 15.21  sales that would be exempt pursuant to Minnesota Statutes, 
 15.22  section 297A.68, subdivision 11, 15, or 16, if the name of the 
 15.23  county were substituted for the words "state," "the state," or 
 15.24  "Minnesota." 
 15.25     (b) The tax authorized under this act is exempt from 
 15.26  Minnesota Statutes, section 297A.99, subdivisions 2 and 3. 
 15.27     (c) The tax must be dedicated to the purposes described in 
 15.28  this act and terminates upon payment or provision for payment of 
 15.29  all bonds issued under subdivision 2 and the payment or 
 15.30  provision for payment of all obligations of the county under any 
 15.31  grant agreements or funding commitments entered into pursuant to 
 15.32  this act.  
 15.33     (d) To the extent not inconsistent with this act, the 
 15.34  provisions of Minnesota Statutes, sections 297A.95; 297A.96; 
 15.35  297A.98; and 297A.99, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, and 
 15.36  12, apply to the tax. 
 16.1      (e) The tax shall not be included in determining the amount 
 16.2   of sales tax that may be imposed on lodging in the city of 
 16.3   Minneapolis for purposes of the limitation contained in Laws 
 16.4   1986, chapter 396, section 5, or in determining the amount of 
 16.5   tax that may be imposed under any other limitation.  
 16.6      (f) In the event of any amendment to Minnesota Statutes, 
 16.7   chapter 297A, enacted subsequent to the effective date of this 
 16.8   act that exempts sales or uses that were taxable under Minnesota 
 16.9   Statutes, chapter 297A, on the effective date of this act, the 
 16.10  county may, by ordinance, extend the tax authorized hereby to 
 16.11  any such sales or uses, provided that the governing body shall 
 16.12  have determined that such extension is necessary to provide 
 16.13  revenues for the uses to which taxes may be applied under this 
 16.14  section and further provided that, in the estimation of the 
 16.15  governing body, the aggregate annual collections following such 
 16.16  extension will not exceed the aggregate annual collections that 
 16.17  would have been generated if Minnesota Statutes, chapter 297A, 
 16.18  as in effect on the effective date of this act, were then in 
 16.19  effect.  Any bonds issued in accordance with this act may, with 
 16.20  the consent of the governing body, contain a covenant that the 
 16.21  tax will be so extended to the extent necessary to pay principal 
 16.22  and interest on the bonds when due. 
 16.23     Subd. 4.  [USES OF TAXES.] Revenues received from the tax 
 16.24  imposed under subdivision 3 may be used: 
 16.25     (1) to pay costs of collection; 
 16.26     (2) to pay or secure the payment of any principal of, 
 16.27  premium, or interest on bonds issued in accordance with this 
 16.28  act; 
 16.29     (3) to pay costs and make grants described in subdivision 
 16.30  1, including financing costs related to them; and 
 16.31     (4) to maintain reserves for the foregoing purposes deemed 
 16.32  reasonable and appropriate by the county. 
 16.33     Sec. 7.  [STATE RESPONSIBILITIES.] 
 16.34     Subdivision 1.  [LAND AND AIR RIGHTS CONVEYANCE.] The 
 16.35  state, including the commissioner of transportation, shall 
 16.36  convey to the authority free of charge all real property owned 
 17.1   by the state within the development area that the authority or 
 17.2   county determines to be necessary for the ballpark and public 
 17.3   infrastructure, except property required for current highway 
 17.4   purposes.  The state shall also convey air rights and other 
 17.5   rights to enable the authority to construct a pedestrian bridge 
 17.6   across marked Interstate Highway 394. 
 17.7      Subd. 2.  [TAD RAMPS.] The commissioner of transportation 
 17.8   shall enter into an agreement with the city of Minneapolis to 
 17.9   establish within the parking garages known as the Third Avenue 
 17.10  Distributor (TAD) ramps a system for at least 800 but not more 
 17.11  than 1,000 event parking passes permitting evening and weekend 
 17.12  entry to designated areas for baseball events that the city 
 17.13  shall sell to the authority or team at rates comparable to other 
 17.14  event parking rates to be made available for baseball patrons.  
 17.15  This obligation of the commissioner of transportation and the 
 17.16  city of Minneapolis and the operation of the system are subject 
 17.17  to all regulations applicable to the garages.  Participation in 
 17.18  such agreements by the city shall not, and the receipt of funds 
 17.19  pursuant to such an agreement shall not, be treated as city 
 17.20  resources within the meaning of any charter limitation.  
 17.21     Sec. 8.  [RAILROAD AUTHORITY CONVEYANCE.] 
 17.22     At the request of the authority, the Hennepin County 
 17.23  Regional Railroad Authority shall convey land it owns within the 
 17.24  development area that is not currently used for rail purposes to 
 17.25  the authority without charge for use in connection with the 
 17.26  ballpark and public infrastructure. 
 17.27     Sec. 9.  [CITY REQUIREMENTS.] 
 17.28     Subdivision 1.  [THIRD AVENUE.] At the request of the 
 17.29  authority, the city of Minneapolis shall vacate the portion of 
 17.30  Third Avenue North from Seventh Street North to the intersection 
 17.31  of Third Avenue North and the on-ramp to marked Interstate 
 17.32  Highway 394 without impeding on-ramp access. 
 17.33     Subd. 2.  [LAND CONVEYANCE.] At the request of the 
 17.34  authority, the city of Minneapolis shall convey to the authority 
 17.35  without charge all real property it owns that is located in the 
 17.36  development area and is not currently used for road, sidewalk, 
 18.1   or utility purposes and that the authority determines to be 
 18.2   necessary for ballpark or public infrastructure purposes. 
 18.3      Subd. 3.  [LIQUOR LICENSES.] The city of Minneapolis shall 
 18.4   issue intoxicating liquor licenses that are reasonably requested 
 18.5   for the premises of the ballpark.  These licenses are in 
 18.6   addition to the number authorized by law.  All provisions of 
 18.7   Minnesota Statutes, chapter 340A, not inconsistent with this 
 18.8   section apply to the licenses authorized under this subdivision. 
 18.9      Subd. 4.  [CHARTER LIMITATIONS.] Actions taken by the city 
 18.10  of Minneapolis under this section shall not be deemed to be an 
 18.11  expenditure or other use of city resources within the meaning of 
 18.12  any charter limitation. 
 18.13     Sec. 10.  [LOCAL TAXES.] 
 18.14     Sales of admissions to baseball events at the ballpark are 
 18.15  exempt from sales and use taxes imposed by local units of 
 18.16  government, notwithstanding any law or ordinance.  No local unit 
 18.17  of government shall impose a new or additional tax on sales or 
 18.18  uses of any item that is not in effect for the ballpark site on 
 18.19  the date of enactment of this act, except taxes generally 
 18.20  applicable throughout the jurisdiction.  
 18.21     Sec. 11.  [REPEALER.] 
 18.22     Minnesota Statutes 2004, sections 473I.01; 473I.02; 
 18.23  473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 
 18.24  473I.10; 473I.11; 473I.12; and 473I.13, are repealed.  
 18.25     Sec. 12.  [EFFECTIVE DATES.] 
 18.26     Sections 1 to 5 and 7 to 11 are effective the day following 
 18.27  final enactment.  Section 6 is effective the day after the 
 18.28  governing body of Hennepin County and its chief clerical officer 
 18.29  timely complete their compliance with Minnesota Statutes, 
 18.30  section 645.021, subdivisions 2 and 3.