Loading...
23-064 (07-18) Approve Impose Sales and USe TaxDocuSign Envelope ID: CB210AFF-1163-4D84-8FD9-611185803BDB RESOLUTION NO. 23-064 RESOLUTION APPROVING 2023 MINNESOTA LAWS, CHAPTER 64, ARTICLE 10, SECTION 37, ALLOWING THE CITY OF GOLDEN VALLEY TO IMPOSE A SALES AND USE TAX OF ONE AND A QUARTER PERCENT FOR THE PURPOSE OF RELOCATING AND RECONSTRUCTING A NEW PUBLIC WORKS FACILITY AND CONSTRUCTING A NEW PUBLIC SAFETY FACILITY ON THE CURRENT PUBLIC WORKS SITE WHEREAS, 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37, authorizes the City of Golden Valley to impose a local sales and use tax of one and a quarter percent for the purpose of relocating and reconstructing a new Public Works facility and constructing a new Public Safety facility on the current Public Works site; and WHEREAS, the Special Law is effective upon approval by a majority vote of the City Council, and filing a certificate with the Minnesota Secretary of State, all in accordance with Minn. Stat. § 645.021, subd. 2 and 3; and WHEREAS, the City Council has determined that is in the best interest of the City and its residents to approve the Special Law. NOW, THEREFORE, BE IT RESOLVED, by the Golden Valley City Council that: 1. The Special Law is hereby approved in all respects. 2. The City Clerk is authorized and directed to file with the Minnesota Secretary of State, a certified copy of this resolution and the appropriate certificate in the form prescribed by the Minnesota State Attorney General. 3. City staff are authorized and directed to take all actions necessary to implement the Special law and bring before this Council further proceedings as necessary in order to implement the Special law. Adopted by the City Council of Golden Valley, Minnesota this 18th day of July 2023. L Signed by: 71M7JMTA77-- -- Shepard M. Harris, Mayor ATTEST: DocuSigned by: LTt=P�3�3AIID-...--"" -- - - - Theresa J. Schyma, City Clerk 32 DocuSign Envelope ID: CB210AFF-1163-4D84-8FD9-6111858036D6 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY Pursuant to Minnesota Statutes, 645.02 and 645.021 STATE OF MINNESOTA County of Hennepin City of Golden Valley TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, that the undersigned chief clerical officer of the City of Golden Valley, Minnesota (the "City") DOES HEREBY CERTIFY, that in compliance with the provisions of 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37 (Local Option Sales Tax Authorization), requiring approval by a majority of the governing body of said local governmental unit before it becomes effective, the City Council of the City at a meeting duly held on July 18, 2023, by resolution did approve said 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37 (Local Option Sales Tax Authorization) by a majority vote of all of the members thereof (Ayes: FIVE; Noes: ZERO; Absent or not voting: ZERO). No additional steps were required by statute. A copy of the resolution is hereto annexed and made a part of this certificate by reference. DoeuSigned by: Signed: 1C2F6bCT, Theresac yina, City Clerk (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021) DocuSign Envelope ID: CB210AFF-1163-4D84-8FD9-611185803BDB Sec. 37. CITY OF GOLDEN VALLEY; TAXES AUTHORIZED. Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes, section 297A.99, subdivision 1, or 477A.016, or any other law, ordinance, or city charter, and if approved by the voters at an election as required under Minnesota Statutes, section 297A.99, subdivision 3, the city of Golden Valley may impose by ordinance a sales and use tax of 1.25 percent for the purposes specified in subdivision 2. Except as otherwise provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. The tax imposed under this subdivision is in addition to any local sales and use tax imposed under any other special law. Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized under subdivision 1 must be used by the city of Golden Valley to pay the costs of collecting and administering the tax and paying for the following projects in the city, including securing and paying debt service on bonds issued to finance all or part of the following projects: (1) $45,000,000 plus associated bonding costs for construction of a new public works facility; (2) $15,000,000 plus associated bonding costs for the purchase of land for a new public works facility; and (3) $45,000,000 plus associated bonding costs for construction of a new public safety facility. Subd. 3. Bonding authority. (a) The city of Golden Valley may issue bonds under Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the projects authorized in subdivision 2 and approved by the voters as required under Minnesota Statutes, section 297A.99, subdivision 3, paragraph (a). The aggregate principal amount of bonds issued under this subdivision may not exceed: (1) $45,000,000 for the project listed in subdivision 2, clause (1), plus an amount to be applied to the payment of the costs of issuing the bonds; (2) $15,000,000 for the project listed in subdivision 2, clause (2), plus an amount to be applied to the payment of the costs of issuing the bonds; and (3) $45,000,000 for the project listed in subdivision 2, clause (3), plus an amount to be applied to the payment of the costs of issuing the bonds. (b) The bonds may be paid from or secured by any funds available to the city of Golden Valley, including the tax authorized under subdivision 1. The issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61. (c) The bonds are not included in computing any debt limitation applicable to the city of Golden Valley, and any levy of taxes under Minnesota Statutes, section 475.61, to pay principal and interest on the bonds is not subject to any levy limitation. A separate election to approve the bonds under Minnesota Statutes, section 475.58, is not required. Subd. 4. Termination of taxes. Subject to Minnesota Statutes, section 297A.99, subdivision 12, the tax imposed under subdivision 1 expires at the earlier of (1) 30 years after the tax is first imposed, or (2) when the city council determines that the amount received from the tax is sufficient to pay for the project costs authorized under subdivision 2 for projects approved by voters as required under Minnesota Statutes, section 297A.99, subdivision 3, paragraph (a), plus an amount sufficient to pay the costs related to issuance of any bonds authorized under subdivision 3, including interest on the bonds. Except as otherwise provided in Minnesota Statutes, section 297A.99, subdivision 3, paragraph (f), any funds remaining after payment of the allowed costs due to the timing of the termination of the tax under Minnesota Statutes, section 297A.99, subdivision 12, must be placed in the general fund of the city. The tax imposed under subdivision 1 may expire at an earlier time if the city so determines by ordinance. EFFECTIVE DATE. This section is effective the day after the governing body of the city of Golden Valley and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3. 34