HomeMy WebLinkAboutOrdinance 49-2003 Ordinance No. 49-03
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 And 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, TO-WIT:
I.
Sec. 78-38. Use of revenue.
(a) Any revenues received pursuant to sections 78-32 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:
1) Seventy-five percent of such revenues may be used only for General Fund Critical
Needs Equipment and 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 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. 1-24 (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 funding of public
ambulance and medical emergency response vehicles, public hospitals, or nonprofit
hospitals with 50 or fewer licensed beds, and other public health care facilities or
nonprofit health care facilities with 50 or fewer licensed beds, the transfer to the special
911 fund authorized by SDCL 34-45-12,the purchasing of firefighting vehicles and
equipment, and debt retirement.
(b) Any revenues received under section 78-32(b)in excess of the amount which would have
been received if the rate established in such subsections were the same as the rate established in
section 78-32(a)may be used only for the purposes as defined and set forth in SDCL 10-52A-2.
II.
All ordinances in conflict herewith are hereby repealed.
FIRST READING: December 9, 2003
SECOND READING AND ADOPTION: December 16, 2003
PUBLISHED: December 19, 2003
CITY OF BROOKINGS
�:',;���,,,, unsterman, Mayor
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an Thornes, City Clerk