2005 Minnesota Statutes

CHAPTER 473I. Baseball park

     473I.01 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to sections 473I.01 to 473I.13. 

    Subd. 2.    Municipality.  "Municipality" means a 
 statutory or home rule charter city in the metropolitan area, as 
 defined in section 473.121, subdivision 2. 

    Subd. 3.    Commission.  "Commission" means the 
 Metropolitan Sports Facilities Commission as defined in section 
 473.551. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of finance. 

    HIST: 2002 c 397 s 5 

     473I.02 Site selection for baseball park. 

    In selecting a site to be proposed to the team for the new 
 baseball park, the municipality shall consider at least the 
 following: 

    (1) the adequacy of the size of the site relative to the 
 preferred design for the baseball park; 

    (2) the adequacy of existing public infrastructure serving 
 the site, including parking and highway, road, and transit 
 access, to meet the demands created by events at the baseball 
 park in combination with other uses or events in the area that 
 create traffic, transit, or parking demands; 

    (3) the costs of any likely infrastructure improvements for 
 the facility; 

    (4) potential development advantages, including development 
 of compatible mixed use, commercial, and housing developments, 
 in the area surrounding the baseball park; 

    (5) compatibility of surrounding uses with the baseball 
 park; and 

    (6) appropriate aesthetic considerations. 

    HIST: 2002 c 397 s 6 

     473I.03 Preconditions to issuing bonds. 

    Subdivision 1.    Money available.  Before issuing bonds 
 under section 473I.06, the commissioner must determine that: 

    (1) $120,000,000 in cash from the team or other private 
 sources has been paid to the commissioner for deposit in a 
 construction account for leasehold improvement of the baseball 
 park; 

    (2) the municipality and the team have agreed to make 
 payments on the ballpark loan, to be credited to the baseball 
 park debt service account under section 473I.04, at the times 
 and in the amounts provided in the loan agreement, but not less 
 than $12,000,000 per year unless the commissioner of finance 
 determines otherwise; 

    (3) the revenues pledged to pay principal and interest on 
 the bonds will be sufficient to make all debt service payments 
 as they come due and make the bonds marketable; 

    (4) the bid demonstrates the financial capacity of the 
 municipality to make the annual payments under and satisfy any 
 other conditions of the loan under section 473I.05; and 

    (5) the other conditions required in this section have been 
 met. 

    Subd. 2.    Major league baseball guaranty.  The 
 commissioner of finance determines that the major league of 
 which the baseball team is a member and major league baseball 
 have both executed an agreement with the city that guarantees 
 the continuance of a major league franchise in the metropolitan 
 area for the greater of (1) 30 years from the date of the 
 agreement or (2) the term of the bonds under sections 473I.06 
 and 473I.11. 

    Subd. 3.    Baseball economic reform.  (a) The executive 
 council shall review information from major league baseball and 
 assess: 

    (1) whether major league baseball and the major league 
 baseball players' association are making a good faith effort to 
 agree upon a new economic system for major league baseball to 
 enhance the competitiveness of small market teams; and 

    (2) the prospects for adoption of changes to major league 
 baseball providing increased revenues for small market teams and 
 enhancing the viability of a new baseball park. 

    (b) The executive council shall assess whether, in its 
 opinion, there is reasonable basis for concluding that major 
 league baseball and the major league baseball players' 
 association will agree to a system in the foreseeable future, 
 which, after full implementation and considering all of its 
 elements, will reduce the disparity in team revenues. 

    (c) The commissioner may issue bonds under section 473I.06 
 only after the executive council determines that there are 
 reasonable prospects for changes in the revenue sharing 
 structure of major league baseball that will provide sufficient 
 revenues for the major league baseball team to make the proposed 
 baseball park a financially viable facility for the term of the 
 bonds to be issued under sections 473I.06 and 473I.11.  The 
 executive council must make the determination within 30 days 
 after a referendum conducted under section 473I.07, subdivision 
 2, has passed, but no later than September 30, 2002.  The 
 determination of the executive council under this paragraph is 
 conclusive and is not subject to judicial review. 

    Subd. 4.    Construction of baseball park; maximum price. 
  The municipality must have executed agreements that provide 
 for the construction of a roof-ready baseball park to be owned 
 by the municipality for a guaranteed maximum price not to exceed 
 $330,000,000, and that require performance bonds in an amount at 
 least equal to 100 percent of the guaranteed maximum price to 
 cover any costs incurred over and above the guaranteed maximum 
 price, including, but not limited to, costs incurred by the 
 municipality and loss of revenues resulting from incomplete 
 construction on the substantial completion date.  The major 
 league baseball team is responsible for and must pay all cost 
 overruns. 

    Subd. 5.    Construction of baseball park; labor and 
 materials.  The municipality must have entered into an 
 agreement with the major league baseball team that the major 
 league baseball team has the following obligations during the 
 period of construction of the baseball park: 

    (1) the payment of the prevailing wage rate as defined in 
 section 177.42 to all construction workers; 

    (2) the provision to the municipality of a signed agreement 
 between the major league baseball team and the construction 
 unions that will work on the baseball park that mandates a 
 no-strike and no-lockout period during construction of the 
 baseball park; and 

    (3) all construction materials for the baseball park 
 produced from or containing steel, so far as practicable, must 
 use steel produced in the United States from taconite produced 
 in Minnesota. 

    Subd. 6.    Socially disadvantaged persons.  The major 
 league baseball team must have entered into an agreement with 
 the municipality to make all reasonable efforts to ensure that 
 businesses owned by socially disadvantaged persons are awarded 
 contracts for construction and operation of the baseball park in 
 proportion to the number of qualified businesses owned by 
 socially disadvantaged persons in the metropolitan area.  The 
 agreement must provide that the team will make all reasonable 
 efforts to ensure that employment of socially disadvantaged 
 persons for the construction or operation of the baseball park 
 will be proportionate to the number of qualified workers who are 
 socially disadvantaged persons in the metropolitan area.  For 
 the purposes of this subdivision, "socially disadvantaged 
 persons" is as defined in Minnesota Rules, part 1230.0150, 
 subpart 24.  The municipality must report to the legislature 
 annually on the implementation of this subdivision. 

    Subd. 7.    Use agreement; team.  The municipality must 
 have entered into a use agreement with the major league baseball 
 team that provides: 

    (1) the major league baseball team will use the baseball 
 park for all scheduled home preseason, regular season, and 
 postseason games that the major league baseball team is entitled 
 to play at home for not less than 30 years without an escape 
 clause for the major league baseball team; 

    (2) the baseball park will be available on nongame days for 
 potential use by the University of Minnesota, Minnesota State 
 Colleges and Universities, private colleges and universities, 
 the State High School League, the municipality for community 
 events, and the Minnesota Amateur Sports Commission; 

    (3) the major league baseball team will ensure that a 
 portion of the tickets for its games are accessible and 
 affordable; 

    (4) the major league baseball team and the municipality 
 will cooperate in maintaining the facility as a smoke-free 
 facility; 

    (5) an American flag manufactured in the United States will 
 be publicly displayed at all baseball games and other events 
 conducted at the baseball park; 

    (6) the major league baseball team will receive all revenue 
 generated at the stadium, except as otherwise specifically 
 provided in this section; 

    (7) a listing of all revenue streams generated from use of 
 the baseball park with a specification of what revenues are 
 available to cover the major league baseball team operations, 
 what revenues accrue to the municipality, and what revenues are 
 available to repay the bonds; 

    (8) the major league baseball team is responsible for 
 repair, maintenance, and replacement of equipment or property in 
 the baseball park, including inspections by the municipality and 
 a representative of the state, as rent; 

    (9) the agreement must afford to the municipality the 
 rights and remedies at law and equity that are deemed necessary 
 and appropriate to provide reasonable assurance that the 
 baseball team and the owner will comply with the agreements 
 through the 30-year term.  The remedies must include specific 
 performance and injunctive relief and may include any other 
 equitable remedies, and any additional remedies or ownership, 
 voting, or other security arrangements the municipality 
 reasonably determines to be effective in ensuring the baseball 
 team will play the required games in the baseball park 
 throughout the 30-year term.  The legislature finds that a 
 material breach of an agreement between a municipality and a 
 professional athletic team that commits to the long-term playing 
 of major league games at public facilities causes irreparable 
 harm for which no adequate remedy at law is available and that 
 the grant of equitable relief to remedy the breach is in the 
 public interest and shall be liberally so construed; 

    (10) that transfer of any portion of ownership or equity in 
 the major league baseball team does not change any obligations, 
 responsibilities, or privileges under the agreement, this 
 section, or section 473I.07; and 

    (11) if there is a sale or transfer of ownership of the 
 major league baseball team, the owner of the team will pay to 
 the state an amount equal to the state's share of the 
 appreciated value of the team.  The state's share must be based 
 on the value of the state investment in the baseball park and 
 must be determined according to a formula included in the use 
 agreement. 

    Subd. 8.    Community ownership of team.  The owner of 
 the team must attempt to reach an agreement on the sale of a 
 majority interest in the team to one or more buyers who will 
 keep the team in this state before attempting to sell the 
 majority interest to others. 

    Subd. 9.    Use of team name and logo.  The major league 
 baseball team must have entered into an agreement with the 
 municipality under which the municipality will obtain from the 
 team the rights to the control and use of the team name and logo 
 if the team relocates to another state.  Under the agreement, 
 the team must notify the municipality within 24 hours of signing 
 an agreement to relocate, and at midnight immediately following 
 notification, all income from existing contracts for the use of 
 the team name and logo and all team property with the team name 
 and logo, other than personal property of team members and 
 principals, will become the property of the municipality.  This 
 agreement and the requirement that it be entered into may not be 
 construed as authorizing or permitting the team to relocate 
 before the end of the lease and use agreements with the 
 municipality.  

    Subd. 10.    Compliance with discovery orders.  The 
 commissioner of finance determines with regard to a case in 
 Hennepin County District Court, entitled Metropolitan Sports 
 Facilities Commission v. Minnesota Twins Partnership and Major 
 League Baseball, No. 0116998 (Hennepin County District Court), 
 that one of the following has occurred: 

    (1) disclosure to the Metropolitan Sports Facilities 
 Commission by the Minnesota Twins and the office of the 
 commissioner of major league baseball of all documents relating 
 to the Twins' finances, including tax records of the team and 
 its owners, deals between the commissioner and the Twins' owner, 
 contraction plans developed by team owners, and all other 
 documents covered by all applicable discovery orders issued by 
 the Hennepin County District Court; 

    (2) the Hennepin County District Court approves a 
 settlement agreement signed by the metropolitan sports 
 facilities commission and the Minnesota Twins; or 

    (3) the court has dismissed the case. 

    HIST: 2002 c 397 s 7 

     473I.04 Sports facilities fund. 

    Subdivision 1.    Creation.  The sports facilities fund 
 is established as a special account in the state treasury.  

    Subd. 2.    Baseball park revenue bond proceeds account. 
  A baseball park revenue bond proceeds account is established 
 in the sports facilities fund.  The proceeds of any bonds issued 
 under section 473I.06 must be credited to the account.  The 
 amount necessary to make the loan under section 473I.05 is 
 appropriated from the account to the commissioner.  

    Subd. 3.    Baseball park debt service account.  (a) A 
 baseball park debt service account is established in the sports 
 facilities fund.  The assets of the account and its investment 
 earnings are pledged to and may only be used to pay principal 
 and interest on bonds issued under section 473I.06. 

    (b) The State Board of Investment shall contract with the 
 investment advisors specified by the team to invest money in the 
 endowment account.  The account must be invested in authorized 
 investments under section 11A.24, except (1) corporate 
 obligations described in section 11A.24, subdivision 3, 
 paragraph (b), and (2) investments described in section 11A.24, 
 subdivision 6, paragraph (a), clauses (1) to (4).  

    (c) The commissioner shall review the investment 
 performance of the account at the end of the second year after 
 the baseball park begins operations and every four years 
 thereafter.  The commissioner shall require the owner of the 
 baseball park to impose a surcharge on admissions to events at 
 the baseball park, in one-half of one percent increments, not to 
 exceed five percent, in an amount sufficient to equal the money 
 that would be in the fund, if an 8.5 percent annual rate of 
 return had been earned.  Notwithstanding the preceding sentence, 
 the commissioner shall set the required rate of return for the 
 first four years after the account is established.  If the rate 
 of return on the fund during the period exceeded 8.5 percent, 
 the commissioner may use the excess to retire or defease the 
 bonds.  In making the determination under this paragraph, the 
 commissioner must assume that the municipality has timely made 
 all payments required under the loan agreement, regardless of 
 whether the payments were made.  

    (d) In addition, the commissioner may require, as part of 
 the loan agreement, that the municipality exercise its authority 
 under section 473I.07 to provide money to the commissioner to 
 make up any deficiency that is not eliminated under paragraph 
 (c).  The municipality may recover from the team any payments 
 made under this paragraph. 

    (e) Money in the debt service account is appropriated to 
 the commissioner to pay principal and interest on bonds issued 
 under section 473I.06. 

    HIST: 2002 c 397 s 8 

     473I.05 Loan agreement. 

    After making the determinations required by section 
 473I.03, the commissioner shall provide a loan to the 
 municipality from money in the baseball park bond proceeds 
 account, in an amount up to $330,000,000.  The proceeds of the 
 loan must be used by the municipality to acquire and prepare a 
 site for and to design, construct, furnish, and equip the 
 baseball park.  The commissioner shall specify the terms of the 
 loan agreement. 

    HIST: 2002 c 397 s 9 

     473I.06 Baseball park revenue bonds. 

    Subdivision 1.    Purposes.  After making the 
 determinations required by section 473I.03, the commissioner may 
 sell and issue revenue bonds to make the loan to the 
 municipality, to establish a reserve fund or funds, and to pay 
 the cost of issuance of the bonds.  

    Subd. 2.    Amount.  The principal amount of the bonds 
 issued for the purposes specified in subdivision 1 must not 
 exceed $330,000,000.  The commissioner shall deposit an amount 
 of the proceeds equal to the contributions under section 
 473I.03, subdivision 1, clause (1), from the team and other 
 private sources, in the baseball debt service account. 

    Subd. 3.    Procedure.  The commissioner may sell and 
 issue the bonds on the terms and conditions the commissioner 
 determines to be in the best interests of the state.  The bonds 
 may be sold at public or private sale.  The commissioner may 
 enter any agreements or pledges the commissioner determines 
 necessary or useful to sell the bonds that are not inconsistent 
 with sections 473I.01 to 473I.07.  Sections 16A.672 to 16A.675 
 apply to the bonds.  The metropolitan sports facilities 
 commission shall transfer an amount, not to exceed one percent 
 of the principal amount of the bonds, from its accumulated 
 reserves to the commissioner to pay for the cost of issuance of 
 the bonds.  

    Subd. 4.    Revenue sources.  The bonds are payable only 
 from the following sources: 

    (1) the principal and any investment earnings on the assets 
 of the debt service account; 

    (2) payments of the municipality and team under the loan 
 made by the commissioner; and 

    (3) other revenues pledged to the payment of the bonds. 

    Subd. 5.    Refunding bonds.  The commissioner may issue 
 bonds to refund outstanding bonds issued under subdivision 1, 
 including the payment of any redemption premiums on the bonds 
 and any interest accrued or to accrue to the first redemption 
 date after delivery of the refunding bonds.  The proceeds of the 
 refunding bonds may, in the discretion of the commissioner, be 
 applied to the purchases or payment at maturity of the bonds to 
 be refunded, or the redemption of the outstanding bonds on the 
 first redemption date after delivery of the refunding bonds and 
 may, until so used, be placed in escrow to be applied to the 
 purchase, retirement, or redemption.  Refunding bonds issued 
 under this subdivision must be issued and secured in the manner 
 provided by the commissioner. 

    Subd. 6.    Not a general or moral obligation.  Bonds 
 issued under this section are not public debt, and the full 
 faith, credit, and taxing powers of the state are not pledged 
 for their payment.  The bonds may not be paid, directly in whole 
 or part from a tax of statewide application on any class of 
 property, income, transaction, or privilege.  Payment of the 
 bonds is limited to the revenues explicitly authorized to be 
 pledged under this section and section 473I.07 and the 
 legislature intends that no state money will be used to pay the 
 bonds.  The state neither makes nor has a moral obligation to 
 pay the bonds, if the pledged revenues and other legal security 
 for them is insufficient. 

    Subd. 7.    Trustee.  The commissioner may contract with 
 and appoint a trustee for bond holders.  The trustee has the 
 powers and authority vested in it by the commissioner under the 
 bond and trust indentures.  

    Subd. 8.    Pledges.  Any pledge made by the 
 commissioner is valid and binding from the time the pledge is 
 made.  The money or property pledged and later received by the 
 commissioner is immediately subject to the lien of the pledge 
 without any physical delivery of the property or money or 
 further act, and the lien of any pledge is valid and binding as 
 against all parties having claims of any kind in tort, contract, 
 or otherwise against the commissioner, whether or not those 
 parties have notice of the lien or pledge.  Neither the order 
 nor any other instrument by which a pledge is created need be 
 recorded. 

    Subd. 9.    Bonds; purchase and cancellation.  The 
 commissioner, subject to agreements with bondholders that may 
 then exist, may, out of any money available for the purpose, 
 purchase bonds of the commissioner at a price not exceeding (1) 
 if the bonds are then redeemable, the redemption price then 
 applicable plus accrued interest to the next interest payment 
 date thereon, or (2) if the bonds are not redeemable, the 
 redemption price applicable on the first date after the purchase 
 upon which the bonds become subject to redemption plus accrued 
 interest to that date. 

    Subd. 10.    State pledge against impairment of contracts. 
  The state pledges and agrees with the holders of any bonds 
 that the state will not limit or alter the rights vested in the 
 commissioner to fulfill the terms of any agreements made with 
 the bondholders, or in any way impair the rights and remedies of 
 the holders until the bonds, together with interest on them, 
 with interest on any unpaid installments of interest, and all 
 costs and expenses in connection with any action or proceeding 
 by or on behalf of the bondholders, are fully met and 
 discharged.  The commissioner may include this pledge and 
 agreement of the state in any agreement with the holders of 
 bonds issued under this section. 

    HIST: 2002 c 397 s 10 

     473I.07 Local taxing authority. 

    Subdivision 1.    Use of proceeds.  (a) Subject to the 
 restrictions in this section, the municipality may impose one or 
 more of the taxes under this section to make the payments or 
 meet other obligations under the loan agreement under section 
 473I.05.  The taxes authorized in this section are in addition 
 to taxes authorized under other law.  The municipality may repay 
 the state ballpark loan using only revenues from the ballpark 
 and the taxes imposed under this section.  

    (b) The municipality may not use property taxes or other 
 money, other than ballpark revenues and taxes imposed under this 
 section, to pay for the cost of acquiring, improving, or 
 operating the ballpark.  The municipality may not expend more 
 than $50,000,000 for the cost of public infrastructure related 
 to the ballpark.  Public infrastructure related to the ballpark 
 means parking, street improvements, interstate highway 
 connections, sewer, water, and other utilities that are required 
 under an agreement with the major league baseball team or as 
 condition for financing of the baseball park. 

    (c) If the commissioner determines the money in the debt 
 service accounts is sufficient to pay the bonds in full, the 
 commissioner shall order a temporary or permanent reduction in 
 the taxes imposed under subdivisions 5, 6, and 7 in the order of 
 priority and as the commissioner determines appropriate. 

    Subd. 2.    Referendum.  (a) Before the municipality 
 imposes a tax under subdivision 5 or 6, the imposition of the 
 tax must be approved by the voters of the municipality at an 
 election held on a Tuesday before September 30, 2002. 

    (b) Notwithstanding any statute, charter provision, or 
 other law to the contrary, if the tax is approved in a 
 referendum under this subdivision, an ordinance enacting the tax 
 or authorizing expenditures of the proceeds of the tax is not 
 subject to another vote of the electorate by referendum, 
 initiative, charter amendment, or in any other manner. 

    Subd. 3.    Expiration; local option taxes.  When the 
 bonds issued under section 473I.06 have been defeased or 
 retired, subdivisions 4 to 7 and the taxes authorized by them 
 expire. 

    Subd. 4.    Baseball park admission tax.  
 Notwithstanding any other law and only upon the request of the 
 commissioner under section 473I.04, subdivision 3, paragraph 
 (c), the city shall impose an admission tax of up to five 
 percent of the sale price upon the granting, issuance, sale, or 
 distribution, by any private or public person, association, or 
 corporation, of the privilege of admission to activities at the 
 baseball park.  No other tax, surcharge, or governmental 
 imposition, except the taxes collected under chapter 297A, may 
 be levied by any other unit of government upon the sale or 
 distribution. 

    The admission tax must be stated and charged separately 
 from the sales price so far as practicable and must be collected 
 by the grantor, seller, or distributor from the person 
 admitted.  The admission tax collected must be used for 
 repayment of the bonds issued under section 473I.06 or to pay 
 for improvements to the baseball park.  The tax is a debt from 
 that person to the grantor, issuer, seller, or distributor, and 
 the tax required to be collected is a debt owed by the grantor, 
 issuer, seller, or distributor to the municipality, recoverable 
 at law in the same manner as other debts.  Every person 
 granting, issuing, selling, or distributing tickets for 
 admissions to the ballpark may be required to secure a permit, 
 to file returns, to deposit security for the payment of the tax, 
 and to pay the penalties for nonpayment and interest on late 
 payments, as deemed necessary or expedient to ensure the prompt 
 and uniform collection of the tax. 

    Subd. 5.    Food and beverage taxes.  Notwithstanding 
 section 477A.016, or any other limitation of law or charter, the 
 municipality may by ordinance impose taxes on sales of food, as 
 defined in section 297A.61, subdivision 31, and alcoholic 
 beverages, as defined in section 297G.01, not to exceed five 
 percent at a retail level on any business within the 
 municipality.  The municipality may impose this tax on all or 
 part of the municipality, as provided in the ordinance.  The 
 ordinance must provide for dedication of the taxes or fees, 
 after payment of collection and administrative expenses and 
 refunds, to payment of principal and interest on bonds issued 
 for the baseball park. 

    Subd. 6.    Lodging tax.  Notwithstanding section 
 477A.016, or any other limitation of law or charter to the 
 contrary, the municipality may impose, by ordinance, a lodging 
 tax at a rate of no more than five percent on the gross receipts 
 from the furnishing for consideration of lodging as described in 
 section 469.190, subdivision 1.  The municipality may impose 
 this tax on all or part of the municipality, as provided in the 
 ordinance and may provide for exempting hotels or motels based 
 on the number of rooms they have available.  The ordinance must 
 provide for dedication of the taxes and other income from the 
 tax, after payment of collection and administrative expenses and 
 refunds, to payment of the principal and interest on bonds 
 issued for the baseball park. 

    Subd. 7.    Parking tax, surcharge, or both.  The 
 municipality may, by ordinance, impose a parking tax or 
 surcharge or both of not less than $2 per vehicle per event at 
 the baseball park.  The parking tax and surcharge apply to 
 public and privately owned parking facilities in the area that 
 the municipality determines in its ordinance provide event 
 parking for the baseball park.  The ordinance must provide for 
 dedication of the taxes and other income from the tax, after 
 payment of collection and administrative expenses and refunds, 
 to payment of the principal and interest on bonds issued for the 
 baseball park. 

    HIST: 2002 c 397 s 11 

     473I.08 Design and construction. 

    The major league professional baseball team shall design 
 and construct the baseball park.  Before the design process is 
 complete and construction begins, the municipality and the team 
 must hold at least one public hearing on the proposed design.  
 All money paid to the municipality under section 473I.05 must be 
 managed by the municipality and made available to the team as 
 the team deems necessary for construction purposes. 

    HIST: 2002 c 397 s 12 

     473I.09 Baseball park; liquor license. 

    The city in which the baseball park is located may issue an 
 intoxicating liquor license for the premises of the baseball 
 park.  This license is in addition to the number authorized by 
 law.  All provisions of chapter 340A not inconsistent with this 
 section apply to the license authorized under this section. 

    HIST: 2002 c 397 s 13 

     473I.10 Condominium. 

    The municipality selected to be the location of the 
 baseball park may, by itself or together with another owner, and 
 any other public or private person or entity, as to real or 
 personal property comprising or appurtenant or ancillary to the 
 baseball park, act as a declarant and establish a condominium or 
 leasehold condominium under chapter 515A or as 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 municipality may deem necessary or appropriate, and may 
 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 this section.  The 
 municipality may be a member of an association and the chair, 
 any members of its governing body, and any officers and 
 employees of the municipality may serve on the board of an 
 association under chapter 515A or 515B. 

    HIST: 2002 c 397 s 14 

     473I.11 Alternative bonding authority. 

    Subdivision 1.    Commissioner determination.  If the 
 commissioner determines that all or a portion of the bonds could 
 be issued by the municipality at a lower rate of interest than 
 the bonds under section 473I.06, the municipality that is the 
 site for the baseball park may issue a portion of the bonds 
 under this section and chapter 475.  The commissioner shall file 
 the determination, in writing, with the secretary of state and 
 the provisions of section 473.553, subdivision 14, take effect. 

    Subd. 2.    Alternative ownership of ballpark.  (a) If 
 the commissioner determines to authorize the municipality to 
 issue bonds under this section: 

    (1) the ownership of the baseball park must be in the 
 commission; and 

    (2) the commission has all of the powers and 
 responsibilities of the municipality under the provisions of 
 sections 473I.03; 473I.04; 473I.05; 473I.06; 473I.07, 
 subdivision 4; 473I.08; and 473I.10. 

    (b) The commission shall segregate and maintain separate 
 accounts and records of the revenue and expenditures for the 
 baseball park and may not use baseball park money for its 
 operations and costs related to other sports facilities. 

    Subd. 3.    Authorization reduction.  The principal 
 amount of any bonds issued under this section must be deducted 
 from the principal amount of the bonds authorized under section 
 473I.06. 

    Subd. 4.    Taxability.  The bonds must be issued as 
 tax-exempt revenue bonds. 

    Subd. 5.    Procedure.  If the municipality issues bonds 
 under this section, the bonds must be sold, issued, and secured 
 in the manner provided in chapter 475 for bonds payable solely 
 from revenues and the municipality has the same powers and 
 duties as a municipality and its governing body in issuing bonds 
 under that chapter.  The bonds may be sold at any price and at 
 public or private sale as determined by the municipality.  The 
 bonds may be sold in one or more series.  Different series may 
 be backed by different revenue sources.  An election is not 
 required.  The municipality may enter any agreements or 
 arrangements it deems necessary or useful to issue the bonds.  
 The municipality must give the proceeds of the bonds, less the 
 cost of issuance, to the commission to be used for the purposes 
 of acquiring and constructing the ballpark. 

    Subd. 6.    Security.  The municipality may pledge to 
 the payment of and the bonds are payable from the taxes imposed 
 by the municipality under section 473I.07, except subdivision 4. 

    HIST: 2002 c 397 s 15 

     473I.12 Baseball park district. 

    The municipality may establish a baseball park district to 
 foster the development and continuing growth of compact, 
 pedestrian-oriented, compatible mixed uses within buildings and 
 blocks around the baseball park.  Before establishing the 
 district, the municipality must: 

    (1) give public notice of the creation and boundaries of 
 the district, including reasons that support the boundaries set 
 by the municipality; and 

    (2) hold at least one public hearing on the proposed 
 establishment of the district. 

    HIST: 2002 c 397 s 16 

     473I.13 Joint powers agreement. 

    Two or more cities may enter a joint powers agreement under 
 section 471.59 to serve as a municipality for purposes of 
 sections 473I.01 to 473I.12.  If a joint powers agreement is 
 entered for this purpose, the obligations and powers of and the 
 limitations on a municipality under sections 473I.01 to 473I.12 
 apply to each of the cities. 

    HIST: 2002 c 397 s 17