as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 09:36am
A bill for an act
relating to local taxes; authorizing the city of Detroit Lakes to impose an additional
sales and use tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Notwithstanding Minnesota Statutes,
section 297A.99, subdivision 3, paragraphs (a) and (d), and section 477A.016, or any other
law, ordinance, or city charter, and if approved by the voters at an election held on either
November 7, 2023, or as otherwise required under Minnesota Statutes, section 297A.99,
subdivision 3, the city of Detroit Lakes may impose by ordinance a sales and use tax of
one-half of one percent for the purpose specified in subdivision 2. Except as otherwise
provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the
imposition, administration, collection, and enforcement of the tax authorized under this
subdivision. The tax imposed under this subdivision is in addition to any local sales and
use tax imposed under any other special law.
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The revenues derived from the tax authorized
under subdivision 1 must be used by the city of Detroit Lakes to pay the costs of collecting
and administering the tax, and to finance up to $17,300,000, plus associated bond costs, for
the construction and renovation of the Detroit Lakes Pavilion, including park improvements,
beachfront improvements, and parking improvements.
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(a) The city of Detroit Lakes may issue bonds under
Minnesota Statutes, chapter 475, to finance all or a portion of the project costs authorized
in subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may not exceed $17,300,000, plus an amount to be applied to the payment of the costs of
issuing the bonds.
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(b) The bonds may be paid from or secured by any funds available to the city of Detroit
Lakes, including the tax authorized under subdivision 1. The issuance of bonds under this
subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.
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(c) The bonds are not included in computing any debt limitation applicable to the city
of Detroit Lakes, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal and interest on the bonds is not subject to any levy limitation. A separate election
to approve the bonds under Minnesota Statutes, section 475.58, is not required.
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Subject to Minnesota Statutes, section 297A.99,
subdivision 12, the tax imposed under subdivision 1 expires at the earlier of (1) 12 years
after the tax is first imposed, or (2) when the city council determines that the amount received
from the tax is sufficient to pay for the project costs authorized under subdivision 2, plus
an amount sufficient to pay the costs related to issuance of any bonds authorized under
subdivision 3, including interest on the bonds. Except as otherwise provided in Minnesota
Statutes, section 297A.99, subdivision 3, paragraph (f), any funds remaining after payment
of the allowed costs due to the timing of the termination of the tax under Minnesota Statutes,
section 297A.99, subdivision 12, must be placed in the general fund of the city. The tax
imposed under subdivision 1 may expire at an earlier time if the city so determines by
ordinance.
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This section is effective the day after the governing body of the
city of Detroit Lakes and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
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