HomeMy WebLinkAboutOrdinance 03-2010 Ordinance No. 03-10
An Ordinance Amending Section 78-38 of the Code of Ordinances of the
City of Brookings, South Dakota and Pertaining to the Use of Municipal Sales,
Service and Use Tax Revenue in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
Sec. 78-38. Use of revenue.
(a) Any revenues received pursuant to sections 78-32(a) and 78-33 in excess of the amount
received if the rate of tax in section 78-32(a) is one percent may be used only in the following
manner:
(I) Seventy-five percent of such revenues may be used only for capital improvements
which involve the construction and financing of public improvements designated by
ordinance or resolution of the city council following a public hearing. The term
"construction and financing," as used in this section, shall include land acquisition,
architectural and engineering fees, construction costs and debt retirement. The term
"public improvements," as used in this section, shall include infrastructure and buildings
either new or modified, improvements owned by the city, joint county-municipal
improvements, joint school district-municipal improvements as authorized by SDCL ch.
6-3 (SDCL 6-3-1 et seq.), and improvements constructed pursuant to a joint powers
agreement with the state and South Dakota State University as authorized by SDCL ch.
I-24 (SDCL 1-24-1 et seq.). Any improvement project authorized by the city council
under this subsection (a) shall be subject to referendum.
(2) Twenty-five percent of such revenues may be used only for capital improvements,
including lease purchase agreements of realty, land acquisition, the programmed chip
sealing, street maintenance, specialized equipment, the transfer to the special 911 fund
authorized by SDCL 34-45-12, the purchasing of firefighting vehicles, public safety and
equipment, and debt retirement related thereto.
(b) Any revenues received under section 78-32(b) shall be used only for the purposes as
defined and set forth in SDCL I 0-52A-2.
11.
All ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010 TABLED
Second Reading: March 9, 2010 TABLED
Second Reading: March 23, 2010
Published: March 31, 2010
CITY OF BR OKINGS
CITY `,
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s r A r' Tim Reed, Mayor
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s' :-`''Ziaf nes, City Clerk