HF 4111

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to stadiums; providing for the financing, construction, operation, and
maintenance of a baseball stadium and related facilities; establishing the
Minnesota Ballpark Authority; defining members of the authority as public
officials; providing powers and duties of the authority; providing a community
ownership option upon sale of the team; authorizing Hennepin County to issue
bonds and to contribute to ballpark costs and to engage in ballpark and related
activities; authorizing local sales and use taxes and revenues; requiring voter
approval for local sales tax increases used to finance the stadiums; requiring
actions by the state, the city of Minneapolis, and the Hennepin County Regional
Railroad Authority; providing for the financing of a football stadium in Anoka
County; creating a football stadium authority; authorizing the county to levy and
collect certain taxes; amending Minnesota Statutes 2004, sections 297A.68, by
adding a subdivision; 297A.71, by adding subdivisions; Minnesota Statutes 2005
Supplement, section 10A.01, subdivision 35; proposing coding for new law as
Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2004, sections
473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09;
473I.10; 473I.11; 473I.12; 473I.13.

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

ARTICLE 1

BASEBALL STADIUM

Section 1.

Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35,
is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Minnesota Technology, Inc.; deleted text begin or
deleted text end

(17) member of the board of directors or executive director of the Minnesota State
High School League new text begin ; and
new text end

new text begin (18) member of the Minnesota Ballpark Authority established in section 4 new text end .

Sec. 2.

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 Building materials exemption. new text end

new text begin Materials, supplies, and equipment used
or consumed in, and incorporated into the construction or improvement of the ballpark,
and public infrastructure constructed pursuant to sections 3 to 10, are exempt.
new text end

Sec. 3. new text begin CONSTRUCTION AND FINANCING OF MAJOR LEAGUE
BALLPARK.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; findings. new text end

new text begin The purpose of this act is to provide for the
construction, financing, and long-term use of a ballpark primarily as a venue for major
league baseball. It is hereby found and declared that the expenditure of public funds for
this purpose is necessary and serves a public purpose. It is further found and declared that
any provision in a lease or use agreement with a major league team, that requires the team
to play its home games in a publicly funded ballpark for the duration of the lease or use
agreement, serves a unique public purpose for which the remedies of specific performance
and injunctive relief are essential to its enforcement. It is further found and declared
that government assistance to facilitate the presence of major league baseball provides
to Hennepin County, the state of Minnesota, and its citizens highly valued intangible
benefits that are virtually impossible to quantify and, therefore, not recoverable even if
the government receives monetary damages in the event of a team's breach of contract.
Minnesota courts are, therefore, charged with protecting those benefits through the use
of specific performance and injunctive relief as provided herein and in the lease and
use agreements.
new text end

new text begin Subd. 2. new text end

new text begin Location. new text end

new text begin The ballpark must be located in the city of Minneapolis at a
site within the development area.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin As used in this act, the following terms have the meanings
given in this subdivision:
new text end

new text begin (a) "Authority" means the Minnesota Ballpark Authority established under section 4.
new text end

new text begin (b) "Ballpark" means the stadium suitable for major league baseball to be constructed
and financed under this act.
new text end

new text begin (c) "Ballpark costs" means, unless the context otherwise indicates, the cost of
designing, constructing, and equipping a ballpark suitable for major league baseball.
"Ballpark cost" excludes the cost of land acquisition, site improvements, utilities, site
demolition, environmental remediation, railroad crash wall, site furnishings, landscaping,
railroad right-of-way development, district energy, site graphics and artwork and other
site improvements identified by the authority, public infrastructure, capital improvement
reserves, bond reserves, capitalized interest, and financing costs.
new text end

new text begin (d) "County" means Hennepin County.
new text end

new text begin (e) "Development area" means the area in the city of Minneapolis bounded
by marked Interstate Highway 394, vacated Holden Street, the Burlington Northern
right-of-way, Seventh Street North, Sixth Avenue North, and Fifth Street North.
new text end

new text begin (f) "Public infrastructure" means all property, facilities, and improvements
determined by the authority or the county to facilitate the development and use of
the ballpark, including but not limited to property and improvements for drainage,
environmental remediation, parking, roadways, walkways, skyways, pedestrian bridges,
bicycle paths, and transit improvements to facilitate public access to the ballpark, lighting,
landscaping, utilities, streets, and land acquired and prepared for private redevelopment in
a manner related to the use of the ballpark.
new text end

new text begin (g) "Team" means the owner and operator of the baseball team currently known
as the Minnesota Twins.
new text end

Sec. 4. new text begin MINNESOTA BALLPARK AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin To achieve the purposes of this act, the Minnesota
Ballpark 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 may acquire title to all land, air rights, and
other interests in real property needed for construction and operation of the ballpark
and related facilities. The authority may enter into contracts for and take all actions
necessary or desirable to design, construct, furnish, equip, and provide for the operation,
maintenance, and improvement of the ballpark and related facilities, and has all powers
necessary or incidental to those actions.
new text end

new text begin Subd. 2. new text end

new text begin Composition. new text end

new text begin (a) The Minnesota Ballpark Authority shall be governed
by a commission consisting of:
new text end

new text begin (1) two members appointed by the governor;
new text end

new text begin (2) two members, including the chair, appointed by the county board; and
new text end

new text begin (3) one member appointed by the governing body of the city of Minneapolis.
new text end

new text begin (b) All members appointed under paragraph (a), clause (1), serve at the pleasure of
the governor. All members appointed under paragraph (a), clause (2), serve at the pleasure
of the county board. The member appointed under paragraph (a), clause (3), serves at the
pleasure of the governing body of the city of Minneapolis.
new text end

new text begin (c) Compensation of members appointed under paragraph (a) is governed by
Minnesota Statutes, section 15.0575.
new text end

new text begin (d) One member appointed under paragraph (a), clause (1), must be a resident of
a county other than Hennepin. All other members appointed under paragraph (a) must
be residents of Hennepin County.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The chair shall preside at all meetings of the commission, if
present, and shall perform all other assigned duties and functions. The commission may
appoint from among its members a vice-chair to act for the chair during the temporary
absence or disability of the chair.
new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin The authority shall adopt bylaws to establish rules of procedure,
the powers and duties of its officers, and other matters relating to the governance of the
authority and the exercise of its powers. The bylaws adopted under this subdivision shall
be similar in form and substance to bylaws adopted by the Metropolitan Sports Facilities
Commission pursuant to Minnesota Statutes, section 473.553.
new text end

new text begin Subd. 5. new text end

new text begin Web site. new text end

new text begin The authority shall establish a Web site for purposes of providing
information to the public concerning all actions taken by the authority. At a minimum, the
Web site must contain a current version of the authority's bylaws, notices of upcoming
meetings, minutes of the authority's meetings, and contact telephone and fax numbers for
public comments.
new text end

Sec. 5. new text begin POWERS OF AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Actions. new text end

new text begin The authority may sue and be sued. The authority is a
public body and the ballpark and public infrastructure are public improvements within the
meaning of Minnesota Statutes, chapter 562. The authority is a municipality within the
meaning of Minnesota Statutes, chapter 466.
new text end

new text begin Subd. 2. new text end

new text begin Acquisition of property. new text end

new text begin The authority may acquire from any public or
private entity by lease, purchase, gift, or devise all necessary right, title, and interest in and
to real or personal property deemed necessary to the purposes contemplated by this act.
new text end

new text begin Subd. 3. new text end

new text begin Property tax exemption; special assessments. new text end

new text begin Any real or personal
property acquired, owned, leased, controlled, used, or occupied by the authority or county
for any of the purposes of this act 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; provided that 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 act at the time may be considered in determining
the special benefit received by the properties. Notwithstanding Minnesota Statutes, section
272.01, subdivision 2, or section 273.19, real or personal property leased by the authority
or county to another person for uses related to the purposes of this act, including the
operation of the ballpark and related parking facilities, is exempt from taxation regardless
of the length of the lease. This subdivision, insofar as it provides an exemption or special
treatment, does not apply to any real property that is leased for residential, business, or
commercial development or other purposes different from those contemplated in this act.
new text end

new text begin Subd. 4. new text end

new text begin Data practices; open meetings. new text end

new text begin Except as otherwise provided in this act,
the authority is subject to Minnesota Statutes, chapters 13 and 13D.
new text end

new text begin Subd. 5. 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 ballpark and related facilities constructed, remodeled, or
acquired under this act, subject to the rights and obligations transferred to and assumed by
the team or other user under the terms of a lease or use agreement.
new text end

new text begin Subd. 6. 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 that is no longer required for
accomplishment of its purposes. The property may be sold in accordance with the
procedures provided by Minnesota Statutes, section 469.065, except subdivisions 6 and 7,
to the extent the authority deems to be practical and consistent with this act. Title to the
ballpark shall not otherwise be transferred or sold without approval by the legislature.
new text end

new text begin Subd. 7. new text end

new text begin Employees; contracts for services. new text end

new text begin he authority may employ persons
and contract for services necessary to carry out its functions, including the utilization of
employees and consultants retained by other governmental entities. The authority may
employ on the terms it deems advisable persons or firms to provide peace officers to direct
traffic on property under the control of the authority and on the city streets in the general
area of the property controlled by the authority.
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 monetary contributions,
property, services, and grants or loans of money or other property from the United States,
the state, any subdivision of the state, any agency of those entities, or any person for any
of its purposes, and may enter into any agreement required in connection with them. The
authority shall hold, use, and dispose of the money, property, or services according to the
terms of the monetary contributions, grant, loan, or agreement.
new text end

new text begin Subd. 9. 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. 10. new text end

new text begin Use agreements. new text end

new text begin The authority may lease, license, or enter into use
agreements and may fix, alter, charge, and collect rentals, fees, and charges 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 the citizens of
Minnesota and visitors. Any such use agreement may provide that the other contracting
party has exclusive use of the premises at the times agreed upon, as well as the right to
retain all revenues from ticket sales, suite licenses, concessions, advertising, naming
rights, and other revenues derived from the ballpark. The lease or use agreement with a
team shall provide for the payment by the team of operating and maintenance costs and
expenses and provide other terms the authority and team agree to.
new text end

new text begin Subd. 11. 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, consistent
with Minnesota Statutes, 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. 12. new text end

new text begin Exemption from council review; business subsidy act. new text end

new text begin The acquisition
and betterment of a ballpark by the authority must be conducted pursuant to this act and
are not subject to Minnesota Statutes, sections 473.165 and 473.173. Minnesota Statutes,
section 116J.994, does not apply to any transactions of the county, the authority, or other
governmental entity related to the ballpark or public infrastructure, or to any tenant or
other users of them.
new text end

new text begin Subd. 13. new text end

new text begin Local government action; environmental review. new text end

new text begin Local governmental
units shall take action promptly and within project design and construction timetables on
applications for building permits and certificates of occupancy. The county shall be the
responsible governmental unit for any environmental impact statement prepared under
Minnesota Statutes, section 116D.04. Governmental units granted authority under this act
may make decisions and take actions to acquire land, obtain financing, and impose the tax
under section 7, prior to completion of environmental review.
new text end

new text begin Subd. 14. new text end

new text begin Contracts. new text end

new text begin The authority may enter into a development agreement with
the team, the county, or any other entity relating to the construction, financing, and
use of the ballpark and related facilities and public infrastructure. The authority may
contract for materials, supplies, and equipment in accordance with Minnesota Statutes,
section 471.345, except that the authority, with the consent of the county, may employ
or contract with persons, firms, or corporations to perform one or more or all of the
functions of architect, engineer, or construction manager with respect to all or any part of
the ballpark and public infrastructure. Alternatively, at the request of the team and with
the consent of the county, the authority shall authorize the team to provide for the design
and construction of the ballpark, subject to terms of this act. The construction manager
may enter into contracts with contractors for labor, materials, supplies, and equipment
for the construction of the ballpark through the process of public bidding, except that the
construction manager may, with the consent of the authority or the team:
new text end

new text begin (1) narrow the listing of eligible bidders to those which the construction manager
determines to 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 are not required to 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 The authority may require that the construction manager shall certify, before the contract
is finally signed, a certified, fixed, and stipulated construction price and completion date
to the authority and shall post a bond in an amount at least equal to 100 percent of the
certified price, to cover any costs, which may be incurred in excess of 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. The authority may secure surety
bonds as provided in Minnesota Statutes, section 574.26, securing payment of just claims
in connection with all public work undertaken by it. Persons entitled to the protection
of the bonds may enforce them as provided in Minnesota Statutes, sections 574.28 to
574.32, and shall not be entitled to a lien on any property of the authority under the
provisions of Minnesota Statutes, sections 514.01 to 514.16. Contracts for construction
and operation of the ballpark must include programs to provide for participation by small,
local, women, and minority businesses, and the inclusion of women and people of color
in the workforces of contractors and ballpark operators.
new text end

Sec. 6. new text begin CRITERIA AND CONDITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Binding and enforceable. new text end

new text begin In developing the ballpark and entering
into related contracts, the authority must follow and enforce the criteria and conditions in
subdivisions 2 to 14, provided that a determination by the authority that those criteria or
conditions have been met under any agreement or otherwise shall be conclusive.
new text end

new text begin Subd. 2. new text end

new text begin Team contributions. new text end

new text begin The team must agree to contribute $125,000,000
toward ballpark costs, less a proportionate share of any amount by which actual ballpark
costs may be less than a budgeted amount of $360,000,000. The team contributions
must be funded in cash during the construction period. In addition to any other team
contribution, the team must agree to assume and pay when due all cost overruns for the
ballpark costs that exceed the budget, excluding land, site improvements, and public
infrastructure.
new text end

new text begin Subd. 3. new text end

new text begin Reserve for capital improvements. new text end

new text begin The authority shall require that
a reserve fund for capital improvements to the stadium be established and funded with
annual team payments of $600,000 and annual payments from other sources of $1,400,000,
which annual payments shall increase according to an inflation index determined by the
authority. The authority may accept contributions from the county or other source for the
portion of the funding not required to be provided by the team.
new text end

new text begin Subd. 4. new text end

new text begin Lease or use agreements. new text end

new text begin The authority and team must agree to a
long-term lease or use agreement with the team for its use of the ballpark. The team
must agree to play all regularly scheduled and postseason home games at the ballpark.
Preseason games may also be scheduled and played at the ballpark. The lease or use
agreement must be for a term of at least 30 years from the date of ballpark completion.
The lease or use agreement must include terms for default, termination, and breach of the
agreement. Recognizing that the presence of major league baseball provides to Hennepin
County, the state of Minnesota, and its citizens highly valued, intangible benefits that
are virtually impossible to quantify and, therefore, not recoverable in the event of a
team owner's breach of contract, the lease and use agreements must provide for specific
performance and injunctive relief to enforce provisions relating to use of the ballpark for
major league baseball and must not include escape clauses or buyout provisions.
new text end

new text begin Subd. 5. new text end

new text begin Notice requirement for certain events. new text end

new text begin Until 30 years from the date
of ballpark completion, the team must provide written notice to the authority not less
than 90 days prior to any action, including any action imposed upon the team by Major
League Baseball, which would result in a breach or default of provisions of the lease
or use agreements required to be included under subdivision 4. If this notice provision
is violated and the team has already breached or been in default under the required
provisions, the authority, the county, or the state of Minnesota is authorized to specifically
enforce the lease or use agreement, and Minnesota courts are authorized and directed to
fashion equitable remedies so that the team may fulfill the conditions of the lease and use
agreements, including, but not limited to, remedies against Major League Baseball.
new text end

new text begin Subd. 6. new text end

new text begin Enforceable financial commitments. new text end

new text begin The authority must determine before
ballpark construction begins that all public and private funding sources for construction
and operation of the ballpark are included in written agreements. The committed funds
must be adequate to design, construct, furnish, and equip the ballpark.
new text end

new text begin Subd. 7. new text end

new text begin Community ownership option. new text end

new text begin (a) The lease or use agreement for the
ballpark must provide that if the owner of the team seeks to sell the team during the term
of the agreement, the owner must provide a right of first refusal to a corporation formed to
provide community ownership of the team.
new text end

new text begin (b) A corporation formed to exercise a right of first refusal must comply with major
league baseball ownership rules. To the extent consistent with those rules, no person may
own more than 35 percent of the common stock of the corporation, and at least 50 percent
of the ownership of the common stock must be sold so that no person or entity owns more
than one percent. The corporation must include a class of preferred stock. The articles of
incorporation, bylaws, and other governing documents of the corporation must provide
that the team may not move outside of the state or agree to voluntary contraction without
approval of at least 75 percent of the shares of common stock and at least 75 percent of
the shares of preferred stock. Notwithstanding any law to the contrary, these 75 percent
approval requirements must not be amended by the shareholders or by any other means.
new text end

new text begin Subd. 8. new text end

new text begin Environmental requirements. new text end

new text begin The authority must comply with all
environmental requirements imposed by regulatory agencies for the ballpark, site, and
structure.
new text end

new text begin Subd. 9. 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 after the effective date of this act, a portion of the sale
price must be paid to the authority and deposited in a reserve fund for improvements to
the ballpark or expended as the authority may otherwise direct. The portion required to
be so paid to the authority is 18 percent of the gross sale price, declining to zero ten
years after commencement of ballpark construction in increments of 1.8 percent each
year. The agreement shall provide exceptions for sales to members of the owner's family
and entities and trusts beneficially owned by family members, sales to employees of
equity interests aggregating up to ten percent, and sales related to capital infusions not
distributed to the owners.
new text end

new text begin Subd. 10. new text end

new text begin Access to books and records. new text end

new text begin The authority must seek a provision in
the lease or use agreement that provides the authority access to annual audited financial
statements of the team and other financial books and records that the authority deems
necessary to determine compliance by the team with this act and to enforce the terms
of any lease or use agreements entered into under this act. Any financial information
obtained by the authority under this subdivision is nonpublic data under Minnesota
Statutes, section 13.02, subdivision 9.
new text end

new text begin Subd. 11. new text end

new text begin Affordable access. new text end

new text begin To the extent determined by the authority or required
by a grant agreement, any lease or use agreement must provide for affordable access to the
professional sporting events held in the ballpark.
new text end

new text begin Subd. 12. new text end

new text begin No strikes; lockouts. new text end

new text begin The authority must use its best efforts to negotiate a
public sector project labor agreement or other agreement to prevent strikes and lockouts
that would halt, delay, or impede construction of the ballpark and related facilities.
new text end

new text begin Subd. 13. new text end

new text begin Youth and amateur sports. new text end

new text begin The lease or use agreement must require that
the team provide or cause to be provided $250,000 annually for the term of the agreement
for youth activities and amateur sports without reducing the amounts otherwise normally
provided for and on behalf of the team for those purposes. The amount shall increase
according to an inflation factor not to exceed 2.5 percent annually and may be subject to a
condition that the county fund grants for similar purposes as authorized by this act.
new text end

new text begin Subd. 14. new text end

new text begin Name retention. new text end

new text begin The lease or use agreement must provide that the
team and league will transfer to the state of Minnesota the Minnesota Twins' heritage
and records, including the name, logo, colors, history, playing records, trophies and
memorabilia in the event of any dissolution or relocation of the Twins franchise.
new text end

Sec. 7. new text begin COUNTY ACTIVITIES; BONDS; TAXES.
new text end

new text begin Subdivision 1. new text end

new text begin Activities; contracts. new text end

new text begin The county may authorize, by resolution, and
make one or more grants to the authority for ballpark development and construction,
public infrastructure, reserves for capital improvements, operating expenses, and other
purposes related to the ballpark on the terms and conditions agreed to by the county and
the authority.
new text end

new text begin The amount that the county may grant or expend for ballpark costs shall not exceed
$235,000,000. The amount of any grant for capital improvement reserves shall not
exceed $1,400,000 annually, subject to annual increases according to an inflation index
acceptable to the county. This act does not limit the amount of grants or expenditures
for land, site improvements, and public infrastructure. Such agreements are valid and
enforceable notwithstanding that they involve payments in future years and they do not
constitute a debt of the county within the meaning of any constitutional or statutory
limitation or for which a referendum is required. The county may acquire land, air rights,
and other property interests within the development area for the ballpark site and public
infrastructure and convey it to the authority with or without consideration, prepare a site
for development as a ballpark, and acquire and construct any related public infrastructure.
The county may review and approve ballpark designs, plans, and specifications to the
extent provided in a grant agreement and in order to ensure that the public purposes of
the grant are carried out. Public infrastructure designs must optimize area transit and
bicycle opportunities, including connections to existing trails. The county may enforce the
provisions of any grant agreement by specific performance. Except to require compliance
with the conditions of the grant, the county has no interest in or claim to any assets or
revenues of the authority. The county may initiate an environmental impact statement as
the responsible governmental unit under Minnesota Statutes, section 116D.04, and conduct
other studies and tests necessary to evaluate the suitability of the ballpark site. The county
has all powers necessary or convenient for those purposes and may enter into any contract
for those purposes. The county may reimburse a local governmental entity within its
jurisdiction or make a grant to such a governmental unit for site acquisition, preparation of
the site for ballpark development, and public infrastructure. Amounts expended by a local
governmental unit with the proceeds of a grant or in expectation of reimbursement by the
county shall not be deemed an expenditure or other use of local governmental resources
by the governmental unit within the meaning of any law or charter limitation. Exercise by
the county of its powers under this section shall not affect the amounts that the county is
otherwise eligible to spend, tax, or receive under any law.
new text end

new text begin It is the intent of the legislature that, except as expressly limited herein, the county
has the authority to acquire and develop a site for the ballpark, to enter into contracts
with the authority and other governmental entities, to appropriate funds, and to make
employees, consultants, and other revenues available for those purposes. The county may
exercise for those purposes all the powers of a city, a housing and redevelopment authority,
a port authority, a community development agency, and an economic development
authority notwithstanding any limitations on the powers of those entities with respect to
the development of sports facilities buildings designed or used primarily for professional
sports.
new text end

new text begin Subd. 2. new text end

new text begin County revenue bonds. new text end

new text begin The county may, by resolution, authorize, sell,
and issue revenue bonds to provide funds to make a grant to the authority and to finance
all or a portion of the costs of site acquisition, site improvements and other activities
necessary to prepare a site for development of a stadium, and to acquire and construct
any related parking facilities and other public infrastructure. The county may also, by
resolution, issue bonds to refund the bonds issued pursuant to this section. The bonds must
be limited obligations, payable solely from or secured by taxes levied under subdivision 3,
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 Minnesota Statutes, 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. In anticipation of the
issuance of the bonds authorized under this subdivision and the collection of taxes levied
under subdivision 3, the county may provide funds for the purposes authorized by this act
through interfund loans from other available funds of the county.
new text end

new text begin Subd. 3. new text end

new text begin Sales and use tax. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section
477A.016, or any other law, the governing body of the county may, by ordinance, impose
an additional sales tax at a rate not to exceed 0.15 percent on sales taxable under Minnesota
Statutes, chapter 297A, that occur within the county, and may also, by ordinance, impose
a compensating use tax at a rate not to exceed 0.15 percent on uses of property within
the county, the sale of which would be subject to the additional sales tax but for the fact
that the property was sold outside the county. For purposes of this subdivision, sales that
occur within the county do not include sales that would be exempt pursuant to Minnesota
Statutes, section 297A.68, subdivision 11, 15, or 16, if the name of the county were
substituted for the words "state," "the state," or "Minnesota."
new text end

new text begin (b) The tax authorized under this act must be approved by the voters under
Minnesota Statutes, section 297A.99.
new text end

new text begin (c) The tax must be dedicated to the purposes described in this act and terminates
upon payment or provision for payment of all bonds issued under subdivision 2 and
the payment or provision for payment of all obligations of the county under any grant
agreements or funding commitments entered into pursuant to this act.
new text end

new text begin (d) To the extent not inconsistent with this act, the provisions of Minnesota Statutes,
sections 297A.95; 297A.96; 297A.98; and 297A.99, subdivisions 4, 5, 6, 7, 8, 9, 10, 11,
and 12, apply to the tax.
new text end

new text begin (e) The tax shall not be included in determining the amount of sales tax that may be
imposed on lodging in the city of Minneapolis for purposes of the limitation contained
in Laws 1986, chapter 396, section 5, or in determining the amount of tax that may be
imposed under any other limitation.
new text end

new text begin (f) In the event of any amendment to Minnesota Statutes, chapter 297A, enacted
subsequent to the effective date of this act that exempts sales or uses that were taxable
under Minnesota Statutes, chapter 297A, on the effective date of this act, the county may,
by ordinance, extend the tax authorized hereby to any such sales or uses, provided that the
governing body shall have determined that such extension is necessary to provide revenues
for the uses to which taxes may be applied under this section and further provided that,
in the estimation of the governing body, the aggregate annual collections following such
extension will not exceed the aggregate annual collections that would have been generated
if Minnesota Statutes, chapter 297A, as in effect on the effective date of this act, were
then in effect. Any bonds issued in accordance with this act may, with the consent of the
governing body, contain a covenant that the tax will be so extended to the extent necessary
to pay principal and interest on the bonds when due.
new text end

new text begin Subd. 4. new text end

new text begin Uses of taxes. new text end

new text begin Revenues received from the tax imposed under subdivision
3 may be used:
new text end

new text begin (1) to pay costs of collection;
new text end

new text begin (2) to pay or secure the payment of any principal of, premium, or interest on bonds
issued in accordance with this act;
new text end

new text begin (3) to pay costs and make grants described in subdivision 1, including financing
costs related to them; and
new text end

new text begin (4) to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the county.
new text end

Sec. 8. new text begin RAILROAD AUTHORITY CONVEYANCE.
new text end

new text begin At the request of the authority, the Hennepin County Regional Railroad Authority
shall convey land it owns within the development area that is not currently used for rail
purposes to the authority without charge for use in connection with the ballpark and
public infrastructure.
new text end

Sec. 9. new text begin CITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Third Avenue. new text end

new text begin At the request of the authority, the city of
Minneapolis shall vacate the portion of Third Avenue North from Seventh Street North to
the intersection of Third Avenue North and the on-ramp to marked Interstate Highway 394
without impeding on-ramp access.
new text end

new text begin Subd. 2. new text end

new text begin Land conveyance. new text end

new text begin At the request of the authority, the city of Minneapolis
shall convey to the authority without charge all real property it owns that is located in the
development area and is not currently used for road, sidewalk, or utility purposes and that
the authority determines to be necessary for ballpark or public infrastructure purposes.
new text end

new text begin Subd. 3. new text end

new text begin Liquor licenses. new text end

new text begin The city of Minneapolis shall issue intoxicating liquor
licenses that are reasonably requested for the premises of the ballpark. These licenses
are in addition to the number authorized by law. All provisions of Minnesota Statutes,
chapter 340A, not inconsistent with this section apply to the licenses authorized under
this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Charter limitations. new text end

new text begin Actions taken by the city of Minneapolis under this
section shall not be deemed to be an expenditure or other use of city resources within the
meaning of any charter limitation.
new text end

Sec. 10. new text begin LOCAL TAXES.
new text end

new text begin Sales of admissions to baseball events at the ballpark are exempt from sales and use
taxes imposed by local units of government, notwithstanding any law or ordinance. No
local unit of government shall impose a new or additional tax on sales or uses of any item
that is not in effect for the ballpark site on the date of enactment of this act, except taxes
generally applicable throughout the jurisdiction.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05;
473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12; and 473I.13, new text end new text begin are repealed.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 and 8 to 11 are effective the day following final enactment. Section 7
is effective the day after the governing body of Hennepin County and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end

ARTICLE 2

FOOTBALL STADIUM

Section 1.

Minnesota Statutes 2004, section 297A.68, is amended by adding a
subdivision to read:

new text begin Subd. 42. new text end

new text begin Sales in stadium district. new text end

new text begin Sales made in the stadium district defined in
section 473J.02, subdivision 4, are exempt.
new text end

Sec. 2.

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

new text begin Subd. 38. 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. 3.

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

new text begin The legislature finds that construction of a new National Football League stadium 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 Next 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 Previous Vikings Next , 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 expressly
provided or indicated by the context.
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, adjoining
structures related to the operation of the stadium, practice 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 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 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 these members must be appointed by the Anoka County Board,
and one 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 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, 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

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 exemptions. new text end

new text begin (a) 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. All assessments are subject to final confirmation
by the authority, whose determination of the benefits is conclusive upon the political
subdivision levying the assessment. 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. It does not include team offices,
residential, business, or commercial development, or other property not directly related to
the operation of a stadium facility.
new text end

new text begin (b) No state or local tax, other than the tax imposed under section 473J.09, applies to
admission to or sales made at the sports facilities financed under this chapter.
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 the
provisions of 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 in accordance with the
procedures provided by 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 Impose sales and use taxes in stadium district. new text end

new text begin The authority may
impose sales and use taxes in the stadium district at rates not to exceed those provided
for in sections 297A.62 and 297A.63. Revenue received from these taxes is pledged and
must be used to pay bonds issued under section 473J.06.
new text end

new text begin Subd. 11. 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. 12. 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 Previous Vikings Next .
new text end

new text begin Subd. 13. 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. 14. 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. 15. new text end

new text begin Procurement. new text end

new text begin (a) The authority and the Minnesota Previous Vikings Next 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 all employment requirements applicable to city 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 paragraph (c) 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, the construction manager may 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

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 The authority may by resolution, by a vote of a majority
of all 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;
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 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 determines to be in the best interests of the authority and
residents therein, except as otherwise provided in this chapter. The bonds may be sold
at any price and at public or private sale as determined by the authority. They shall be
payable solely from tax and other revenues referred to in this chapter. The bonds shall not
be a general obligation or debt of the authority or any city, county, or the state, and shall
not be included in the net debt of any city, county, or other subdivision of the state for the
purpose of any net debt limitation. No election shall be required.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin The principal amount of the bonds issued under subdivision
1, clauses (1) and (2), shall not exceed the amounts authorized in this subdivision. The
principal amount of bonds issued under subdivision 1, clauses (1) and (2), shall be limited
to $650,000,000 plus those amounts necessary to fund appropriate reserves and pay
issuance costs. The authority shall issue its 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
Previous Vikings Next , meeting the requirements of section 473J.07;
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 Previous Vikings Next meeting the requirements of section
473J.08;
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 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 Previous Vikings Next ; and
new text end

new text begin (11) the validity of any bonds issued under subdivision 1, clauses (1) and (2), and
the obligation of the authority related to them, shall not be conditioned upon or impaired
by the authority's determinations made under this subdivision. For purposes of using
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
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
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 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 may make covenants, which shall be binding upon the authority,
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 in accordance with 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 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 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 Previous Vikings Next 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 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 4, shall not
exceed two-thirds of the sports facilities' costs.
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 one-third of
the sports facility costs. Team contributions may include, but are not limited to, 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 Previous Vikings Next 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 Previous Vikings Next . new text end

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

new text begin (1) the Minnesota Previous Vikings Next 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 Previous Vikings in the metropolitan area for the period of the agreements referred to in
subdivision 2, clause (1).
new text end

Sec. 11.

new text begin [473J.09] ANOKA COUNTY REVENUE SOURCES.
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, Anoka County may:
new text end

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

new text begin (2) impose a tax on sports memorabilia as defined by the authority that is sold within
the stadium facilities; or
new text end

new text begin (3) impose a general sales and use tax on sales of goods and services within its
jurisdiction of not more than 0.75 percent.
new text end

new text begin These taxes may be imposed notwithstanding the provisions of section 477A.016. A local
sales tax imposed under this act must be approved by the voters under section 297A.99.
new text end

new text begin Subd. 3. new text end

new text begin Parking surcharges. new text end

new text begin Anoka County may impose a parking surcharge on
parking in the stadium district.
new text end

Sec. 12.

new text begin [473J.10] 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