HF 62

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to a ballpark for major league baseball;
providing for the financing, construction, operation,
and maintenance of the ballpark 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
actions by the state, the city of Minneapolis, and the
Hennepin County Regional Railroad Authority; amending
Minnesota Statutes 2004, sections 10A.01, subdivision
35; 297A.71, by adding a subdivision; 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:

Section 1.

Minnesota Statutes 2004, 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;

(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 ; or
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. 33. 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 The
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 is exempt from
Minnesota Statutes, section 297A.99, subdivisions 2 and 3.
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, are repealed.
new text end

Sec. 12. new text begin EFFECTIVE DATES.
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