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City Council Resolution 2024-70RESOLUTION NO.2024 - 70 A RESOLUTION OF THE CITY OF MONTICELLO RELATING TO THE IMPOSITION OF A SALES AND USE TAX AND CALLING A SPECIAL ELECTION THEREON WHEREAS, Minnesota Statutes, Section 297A.99 (the "Local Tax Act"), provides the City of Monticello, Minnesota (the "City"), with the authority to impose a local sales tax if that tax is approved by the voters at a general election and the State of Minnesota (the "State") Legislature (the "Legislature") approves the local sales tax through the creation of a special law; and WHEREAS, the Legislature passed and the Governor of the State signed, Minnesota Laws 2023, Chapter 64, Article 10, Section 40 (the "Special Law") which authorizes the City to, among other things, impose a sales and use tax of up to one-half of one percent, if approved by the voters as required by the Local Tax Act; and WHEREAS, the Special Law is effective upon approval by a majority vote of the City Council of the City (the "Council") and the filing of a certificate (the "Certificate") with the Secretary of State, all in accordance with Minnesota Statutes, Section 645.021, subdivisions 2 and 3, and the Council approved the Special Law on June 26, 2023, and the City filed the Certificate with the Secretary of State on June 29, 2023. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota as follows: 1. The Council proposes to submit to electors questions regarding whether to impose a local sales and use tax of one-half of one percent (the "Taxes") on items that are taxable by the State in order to raise revenues to finance (i) the new construction and rehabilitation of the Bertram Chain of Lakes Regional Athletic Park (the "Bertram Lakes Project") and (ii) the new construction and improvement of the Pointes at Cedar Recreation Area (the "Pointes at Cedar Project"), including securing and paying debt service on bonds issued to finance such projects and associated bond issuance costs. The questions of imposing the Taxes shall be submitted to the qualified electors of the City as city ballot questions as shown in Exhibit A attached hereto. 2. The Taxes are proposed to be collected for approximately 20 years or until amounts equal to $15,000,000 related to the Bertram Lakes Project and/or $15,000,000 related to the Pointes at Cedar Project, plus the costs of collecting and administering the tax and an amount sufficient to pay the costs related to issuance of any bonds for the projects, including interest on the bonds is collected, in accordance with the Special Law. 3. The questions set forth in Exhibit A shall be submitted to the qualified electors of the City at a special election which is hereby called and directed to be held in conjunction with the general election on Tuesday, November 5, 2024. 5. Pursuant to Minnesota Statutes, Section 204D.24, the precincts and polling places for this special election are those precincts which have been established by the City for its municipal elections. The voting hours at those polling places shall be the same as those for municipal general elections. 6. The City Clerk is directed to cause a sample ballot in substantially the form attached as Exhibit A and a notice of election in substantially the form attached as Exhibit B to be posted, published, MN 1 90\177\964094. v 1 printed and delivered as required by law. 7. The City Clerk is authorized and directed to acquire and distribute such election materials and to take such other actions as may be necessary for the proper conduct of this special election and generally to cooperate with election authorities conducting other elections on that date. The City Clerk is authorized and directed to take such actions as may be necessary to coordinate this election with those other elections, including entering into agreements with appropriate county officials regarding preparation and distribution of ballots or ballot cards, election administration, and cost sharing. 8. If the City will be contracting to print the ballots for this special election, the City Clerk is hereby authorized and directed to prepare instructions to the printer for layout of the ballot. Before a contract in excess of $1,000 is awarded for printing ballots, the printer shall furnish, in accordance with Minnesota Statutes, Section 204D.04, a sufficient bond, letter of credit or certified check acceptable to the City Clerk in an amount not less than $1,000 conditioned on printing the ballots in conformity with the Minnesota election law and the instructions delivered. The City Clerk shall set the amount of the bond, letter of credit or certified check in an amount equal to the value of the purchase. 9. Election judges shall be appointed for this special election shall be the election judges appointed for the city general election. The election judges shall act as clerks of election, count the ballots cast, and submit the results to the Council for canvass in the manner provided for other City elections. 10. The special election shall be held and the returns made and canvassed in the manner prescribed by law, and the Council shall meet on November 12, 2024 (a date between three and ten days after the election) for the purpose of canvassing the results thereof. Moved by Councilmember , seconded by Councilmember The following voted in favor of said resolution: The following voted against the same: The following abstained: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, and attested by the Clerk dated this 22nd day of July, 2024. ATTEST: CCi Clerk 2 MN 190\ 177\964094. v 1 EXHIBIT A CITY BALLOT QUESTIONS CITY OF MONTICELLO STATE OF MINNESOTA SPECIAL ELECTION November 5, 2024 To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY BALLOT QUESTIONS IMPOSITION OF SALES TAX FOR BERTRAM REGIONAL ATHLETIC PARK Shall the City of Monticello be authorized to (a) impose a temporary sales and use tax of one-half of one percent (0.5%) to finance new construction and rehabilitation of the Bertram Chain of Lakes Regional Athletic Park for the earlier of 20 years or until $15,000,000 plus the cost of administering the tax and associated bonding costs including interest is collected, and to (b) issue general obligation bonds for such project in the principal amount noted in (a), plus the cost of issuing the bonds including interest? If one or both questions are approved by a majority of voters, the City is only authorized to impose a single one-half of one percent (0.5%) sales and use tax for a maximum of 20 years or until enough sales tax revenue has been raised to pay for the costs of the voter -approved projects. o YES O NO IMPOSITION OF SALES TAX FOR POINTES AT CEDAR RECREATION AREA Shall the City of Monticello be authorized to (a) impose a temporary sales and use tax of one-half of one percent (0.5%) to finance new construction and improvements to The Pointes at Cedar Recreation Area for the earlier of 20 years or until $15,000,000 plus the cost of administering the tax and associated bonding costs including interest is collected, and (b) issue general obligation bonds for such project in the principal amount noted in (a), plus the cost of issuing the bonds including interest? If one or both questions are approved by a majority of voters, the City is only authorized to impose a single one-half of one percent (0.5%) sales and use tax for a maximum of 20 years or until enough sales tax revenue has been raised to pay for the costs of the voter -approved projects. o YES O NO A-1 MN 190\177\964094.v1 EXHIBIT B NOTICE OF SPECIAL ELECTION CITY OF MONTICELLO STATE OF MINNESOTA SPECIAL ELECTION November 5, 2024 NOTICE IS HEREBY GIVEN that a special election has been called and will be held in conjunction with the state general election in the City of Monticello, Minnesota (the "City"), on Tuesday, November 5, 2024, between the hours of 7:00 a.m. and 8:00 p.m. to vote on the following questions: CITY BALLOT QUESTIONS IMPOSITION OF SALES TAX FOR BERTRAM REGIONAL ATHLETIC PARK Shall the City of Monticello be authorized to (a) impose a temporary sales and use tax of one-half of one percent (0.5%) to finance new construction and rehabilitation of the Bertram Chain of Lakes Regional Athletic Park for the earlier of 20 years or until $15,000,000 plus the cost of administering the tax and associated bonding costs including interest is collected, and to (b) issue general obligation bonds for such project in the principal amount noted in (a), plus the cost of issuing the bonds including interest? If one or both questions are approved by a majority of voters, the City is only authorized to impose a single one-half of one percent (0.5%) sales and use tax for a maximum of 20 years or until enough sales tax revenue has been raised to pay for the costs of the voter -approved projects. O YES O NO IMPOSITION OF SALES TAX FOR POINTES AT CEDAR RECREATION AREA Shall the City of Monticello be authorized to (a) impose a temporary sales and use tax of one-half of one percent (0.5%) to finance new construction and improvements to The Pointes at Cedar Recreation Area for the earlier of 20 years or until $15,000,000 plus the cost of administering the tax and associated bonding costs including interest is collected, and (b) issue general obligation bonds for such project in the principal amount noted in (a), plus the cost of issuing the bonds including interest? If one or both questions are approved by a majority of voters, the City is only authorized to impose a single one-half of one percent (0.5%) sales and use tax for a maximum of 20 years or until enough sales tax revenue has been raised to pay for the costs of the voter -approved projects. O YES O NO B-1 MN 190\177\964094.v1 The precincts and polling places for this special election are those precincts which have been established by the City for state general elections. These polling places are as follows: MONTICELLO P-1 POLLING PLACE LOCATION — Monticello Community Center Gymnasium, 505 Walnut St., Monticello, MN MONTICELLO P-2 POLLING PLACE LOCATION — Resurrection Lutheran Church, 9300 Jason Avenue NE, Monticello, MN MONTICELLO P-3 POLLING PLACE LOCATION — Monticello High School Fieldhouse, 5225 School Boulevard, Monticello, MN MONTICELLO P-4 POLLING PLACE LOCATION —Grace Bible Church, 300 Riverview Drive, Monticello, MN MONTICELLO ABSENTEE POLLING PLACE LOCATION — City Hall, 505 Walnut St., Monticello, MN Any eligible voter residing in the City may vote at said election at the polling place designated above. The polls for said election will be open between 7:00 a.m. and 8:00 p.m. on the date of said election. A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at the polling places on election day. DatedJul OLo_\ , 2024 BY ORDER OF /T E FITY COUNCIL Cit i Clem B-2 MN 190\ 177\964094. v 1 STATE OF MINNESOTA ) SS COUNTY OF WRIGHT I, the undersigned, being the duly qualified and acting City Clerk of the City of Monticello, Minnesota (the "City"), hereby certify that the attached and foregoing is a full, true, and correct transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, so far as such minutes relate to the calling of an election on the imposition of a sales and use tax to finance (i) the new construction and rehabilitation of the Bertram Chain of Lakes Regional Athletic Park and (ii) the new construction and rehabilitation of the Pointes at Cedar Recreation Area, and that the resolution included therein is a full, true, and correct copy of the original thereof. �Ij WITNESS MY HAND officially as such City Clerk this 2f day of A I Cit Cletotic�� Cit of St e of Minnesota , 2024. (AIUA/'-' MN 190\177\964094.v1