HomeMy WebLinkAbout6.b. Port Authority Structure and PowersEXECUTIVE SUMMARY
Port Authority Date: July 19, 2022
AGENDA ITEM: Port Authority Structure & Powers AGENDA SECTION:
New Business
PREPARED BY: Eric Van Oss, Economic Development
Coordinator AGENDA NO. 6.b.
ATTACHMENTS: Enabling Resolution, Ehlers Handout. APPROVED BY: LJM
RECOMMENDATION: Information Item.
BACKGROUND
The City of Rosemount Port Authority is a commission that is appointed by the City Council. The
purpose of the Authority is to advise and make recommendations to the City Council regarding
housing, redevelopment and economic development projects and implement those development
projects. The Authority is expected to work closely with the Administrative, Community
Development and Finance departments of the City of Rosemount.
The Authority has powers granted under Minnesota Statutes, Section 469, et seq., Section 462 and Section
472A.10. This includes housing and redevelopment authority, economic development authority and
port authority. The Authority was created by the Council in September 1991 and formally began
functioning at the beginning of 1992. The Bylaws governing the Authority were updated and
affirmed in 2014.
Port Authority Structure
Organization: The Authority consists of seven members. The City Council Members serve on the
Port Authority unless they decline the appointment, and their term is the same as their elected term.
A minimum of two City Council Members must remain on the Port Authority Commission. There
are two citizens appointed by City Council for six-year terms. If a council member position is
opened, that appointment term will coincide with their elected term.
The chair is elected by the Authority at an annual meeting. Meetings are held once a month. Special
meetings may be called by the chairperson.
Commissioners’ Role: The work of the authority covers a broad range of issues, some must be
acted on quickly, while others are very involved projects that take time to carry to completion. Thus,
regular attendance and participation by members is essential for the completion of necessary tasks.
Occasionally, the formation of task groups (often an Authority commissioner and City staff
members) become essential to look into or work further on more complex issues. Assignment to
these groups is voluntary. Listening, learning and discussion of issues are required of commissioners.
Decision making should be based on information gathered and what can be seen as working towards
the betterment of the City. Maintaining objectivity in the face of special interest groups is often
difficult, but essential for a balanced approach to economic development. Long term goals and
short-term benefits should be considered on all issues.
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The Authority is a creation of the City Council with the responsibility of economic development.
The commission reviews proposed economic development projects, oversees both development and
redevelopment districts, and advises the City Council on, and/or participates in, special programs
such as grants and other funding available to encourage economic development within the City.
Staff: The city administrator acts as the executive director of the Authority. The community
development director acts as the deputy director, and economic development coordinator as staff
liaison to Authority. The finance director also works very closely with the Authority. The city
administrator oversees the day to day and long-term operations of City offices. As this position
relates to the Authority the city administrator is the executive director, who coordinates economic
development activities, assists in the preparation of budgets, and is a liaison to the City Council for
the recommendations made by the Authority. The city administrator provides guidance and input to
the Authority concerning economic development projects and programs. It is also the director’s
responsibility to attend regularly scheduled and special meetings of the Authority and to aid in the
development of meeting agendas. The community development director and economic development
coordinator prepare information regarding proposed economic development for presentation to the
Authority. They develop meeting agendas, prepare packet materials and perform research for
projects and programs to be presented.
Port Authority Powers
Tax Levies (Mandatory city levy): A city shall, at the request of the port authority, levy a tax in
any year for the benefit of the port authority. The tax must not exceed 0.01813 percent of estimated
market value. The amount levied must be paid by the city treasurer to the treasurer of the port
authority, to be spent by the authority.
Industrial Development Districts, Development Districts & Redevelopment Plans: A port
authority may carry out the law on industrial development districts to develop and improve the lands
in an industrial development district to make it suitable and available for industrial uses and
purposes. A port authority may lease some or all of its lands or property and may set up local
improvement districts in all or part of an industrial development district. Before establishing the
boundaries of and undertaking public activities with respect to an industrial development district, the
Authority shall submit a Project Plan and Project Budget to the Council for approval. Such Project
Plan shall be submitted to the Planning Commission of the City for its review and comment
regarding the consistency of said plan with the City’s comprehensive plan. Consideration by the
Council shall be made at a public hearing upon 10 days published notice in the official newspaper of
the City of Rosemount. The Council may impose such conditions upon its approval as it
determines. This process also applies to development and redevelopment plans within the Port
District that are not industrial development districts.
Bonds: A port authority may borrow funds to provide money immediately required for the bond
purpose. The loans may not exceed the amount of the bonds. The authority shall by resolution
decide the terms of the loans. The proceeds of obligations issued by a port authority and temporary
loans obtained under may be used to make or purchase loans for port, industrial, or economic
facilities that the authority believes will require financing. To make or purchase the loans, the port
authority may enter into loan and related agreements, both before and after issuing the obligations.
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Acquire, Sell and Manage Property: The Rosemount Port Authority is able to acquire property or
easements though negotiation and enter into operating contracts on behalf of the City of
Rosemount for operation of any of the facilities authorized to be constructed under the terms of the
Development Act. The Port Authority can lease or sell land (including air rights). A port authority
may sell and convey property owned by it within a port or industrial district if it determines that the
sale and conveyance are in the best interests of the district and its people, and that the transaction
furthers its general plan of port improvement, or industrial development, or both.
Eminent Domain: The Port can certify to the Council for acquisition through eminent domain of
property that cannot be acquired by negotiation but is required for implementation of the
development program.
Tax Increment Financing (TIF): Port Authority is responsible for the administration and
issuance of TIF funds. The Authority will consider requests for TIF where the project serves to
further the City’s stated economic development goals and objectives. The Authority is also
responsible for ensuring that the project would not otherwise occur “but for” the assistance
provided through TIF.
Studies, analysis, research: A port authority may study and analyze industrial development needs
in its port district, and ways to meet the needs. A port authority may study the desirable patterns for
industrial land use and community growth and other factors affecting local industrial development in
the district and make the result of the studies available to the public and to industry in general.
Other Programs: The port authority may create special programs such as grants and other funding
available to encourage economic development within the City.
RECOMMENDATION
None, informational update only.
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CITY OFROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1991 53
A RESOLUTION ESTABLISHING THE ROSEMOUNT PORT AUTHORITY,
ADEVELOPMENT AGENCY
WHEREAS, theMinnesotaStateLegislaturehasenactedLawsofMinnesota,
1991, Chapter 291, Article 21, Section 17, authorizing the City of Rosemount to
establish aport authority with the same powers asaport authority established
under Minnesota Statutes, Section469.049, or other law, as a housing and
redevelopment authority established under Minnesota Statutes, Chapter 469.047,
or other law, and shall constitute an "agency" that may administer one or more
municipaldevelopmentdistrictsunderSection469.110; and
WHEREAS, theCityofRosemountwishestoestablishsuchaportauthority
and to define the relationship between it and the Council by adoption of this
resolution; and
WHEREAS, it is intended that this resolution be amended from time to time
as required to further define or redefine the respective roles of the port
authority and the Council regarding development and redevelopment within the City
of Rosemount; and
WHEREAS, it is intended that by this resolution and actions taken
hereunder, theCounciloftheCityofRosemountshallestablishbroadpolicies
for public- assisted developmentwithin the City of Rosemount and that the
implementation ofsuch policies betheresponsibility oftheport authority; and
WHEREAS, itisthe desire ofthe Council that adoption ofthis resolution
and the creation of a port authority will result in a conscientious and
coordinated effort to encourage and precipitate future development within the
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City of Rosemount so as to increase tax base, promote employment and enhance the
health, safetyandwelfareofCityofRosemountresidents; and
WHEREAS, the Council has conducted a public hearing, pursuant to published
notice, asrequiredbyLawsofMinnesota, 1991, Chapter291, Article21, Section
17;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Definitions.
Authority" means the Rosemount Port Authority, a development agency.
City" means the City of Rosemount, Minnesota.
Commission" means the Rosemount Port Authority, a development agency.
Commissioner" meansapersonservingontheRosemountPortAuthority.
Council" means the duly elected governing body of the City of Rosemount.
Enabling Act" means Laws of Minnesota, 1991, Chapter 291, Article 21,
Section17, authorizingtheCityofRosemounttocreateaportauthority.
Enabling Resolution" means this resolution of the Council establishing
the Authority pursuant to the Enabling Act.
The Development Act" means Minnesota Statutes, Chapter 469.124 to 469.134,
inclusive.
Executive Director" means the City Administrator.
The HRA Act" means Minnesota Statutes, Chapter 469.002 to 469.047,
inclusive.
The Housing Bond Act" means Minnesota Statutes, Chapter 462C.
Industrial Bond Act" means Minnesota Statutes, Chapter 469.152 to
469.1651, inclusive.
ProjectBudget" meansafinancialbudgetcontainingthesourcesanduses
ofpublicfundstobeexpendedincarryingoutthepubliccostsassociatedwith
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a Project Plan or Project Area Plan. In the event any or all such public costs
are tobepaid with tax increment, the Project Budget shall constitute a "tax
incrementfinancingplan," asdescribedinSection469.175oftheTaxIncrement
Act.
ProjectPlan" meansanoutlineforthedevelopmentorredevelopmentof
ageographic area or single parcel which contains a statement of objectives for
improvement of the area as well as a description of public facilities to be
constructed, an estimated schedule of the open space to be created, the
environmental controls tobeapplied, the property tobepublicly acquired and
the condition under which the Authority shall exercise the right of eminent
domain, ifany, theproposedreuseofprivateproperty, andthegeneralstandards
of development. Said plan shall be sufficiently complete to constitute a
development program" pursuant to Section 469.125, Subdivision 3 of the
DevelopmentActanda "redevelopmentplan" pursuanttoSection469.027ofthe
HRA Act.
The Port Act" means Minnesota Statutes, Chapter469.048to469.068,
inclusive.
PortDistrict" meanstheCityofRosemount.
Tax Increment Act" means Minnesota Statutes, Section 469.174 to 469.191,
inclusive.
Section 2. Establishment.
There ishereby created inthe City ofRosemount aport authority which,
subjecttotheprovisionsofthisEnablingResolution, shall have all of the
powers, duties and responsibilities of any port authority created pursuant to
the Port Act, or other law, a housing and redevelopment authoritycreated
pursuant to the HRA Act, or other law and which shall constitute an "agency"
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that may administer one or more municipal development districts under Section
469.110. It shall be the role and responsibility of such port authority to carry
out economic and industrial development and redevelopment within the City of
Rosemountinaccordancewithinsuchgeneralpoliciesasmayfromtimetotime
be established by the Council.
Section 3. Legal Status.
TheAuthorityshallbeapublicbodypoliticandcorporateandapolitical
subdivisionoftheStateofMinnesota. Itshallnotbeconsideredadepartment
oftheCityofRosemountnorshalltheCityofRosemountbe liable for its
obligations, unless assumed by the City of Rosemount in writing. Its relationship
to the Council shall be governed by the Enabling Act, this Enabling Resolution
and the various statutes under which itoperates, includingthePortAct, the
HRA Act, the Development Act, the Industrial Bond Act, the Housing Bond Act and
theTaxIncrementAct; providedthatintheeventthereisaconflictbetween
the terms of this EnablingResolution and any such statute, the Enabling
Resolution shallcontrol andintheeventthereisaconflict between thePort
Act and any such statutes, the Port Act shall control; provided further that a
statute granting authority shall not be deemed to be in conflict with a statute
that grants less or no such authority.
Section 4. Name.
TheportauthoritycreatedbytheEnablingActandthisEnablingResolution
shall be known legally as the Rosemount Port Authority, a development agency.
Section 5. Governing Body.
ThepowersoftheAuthorityshallbevestedinthecommissionersthereof
in office at any time, amajority of whom shall constitute a quorum for all
purposes. Pursuant to Minnesota Statutes, Section 469.050, Subdivisions 1 and
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3, such commissioners shall beseven (7) innumber, shall beresidents ofthe
City of Rosemount and shall be appointed and serve as follows:
Seat Number Term
1 lyear
2 2 years
3 3years
4 4 years
5 5 years
6 6years
7 6years
Not less than two commissioners shall also be members of the Council.
Appointments shall be by the Mayor and shall be subject to the approval and
consent of the Council. A vacancy shall be created whenever a commissioner who
isacouncilmemberendscouncilmembership, inwhichcasesuchvacancyshall
be filled by the mayor with the approval and consent of the Council, for the
balance of the term. If a citizen member of the Commission becomes a member
of the Council or Mayor, a vacancy on the Commission shall be thereby created
and shall befilled bythe proper reappointing authority for that seat.
Section 6. Authority Staff.
The commissioners of the Authority shall be empowered to hire such
employees, agents and consultants as they deem proper and as further provided
inthePortAct, includingtheappointmentofanExecutiveDirectorofthe
Authority who shall have the following powers and duties:
1) To see that all resolutions, rules, regulations, or orders of the
Authority are enforced.
2) Todirectandmanagethesubordinateofficersandregular
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employeesoftheAuthority.
3) TopresenttotheAuthorityplans, studies, and
reports prepared for Authority purposes and recommend to the
commissioners for adoption such measures as defined necessary to
enforce or carry out the powers and duties of the Authority or the
efficient administration of the affairs of the Authority.
4) TokeeptheAuthorityfullyadvisedastoitsfinancial
condition, andtoprepareandsubmittothecommissionerstheannual
budget and such other financial information as requested.
5) To recommend to the commissioners for adoption such rules and
regulations as deemed necessary for the efficient operation of the
Authority's functions.
6) To perform such other duties as may be prescribed by the
commissioners.
7) Tomake necessary purchases of supplies for the operation ofthe
Authority inaccordance with State andCity regulations (City Code).
8) Toestablish and maintain asystem offiling and indexing records
and reports.
9) To be responsible for the proper maintenance of all Authority
propertyandequipment.
Section 7. AuthorityOfficers.
The commissioners of the Authority shall elect officers as provided in
Section 469.051 of the Port Act; provided, however, that the City Clerk shall
be secretary thereto.
Section 8. Reports.
A. At least once annually by April lst, the Authority shall:
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1) submit its Enabling Resolution modification recommendations
totheCouncilpursuanttoSection2oftheEnablingAct.
2) appear at a regularly scheduled Council meeting and report to
the Council, Mayor and members of the public regarding the
operational status of the Authority. Such report shall comply
with Section 469.055, Subdivision 2(9) of the Port Act and
shall include a description of current and proposed projects
as well as general development goals for the City of Rosemount.
B. The Authority shall be responsible for all filings andreports
required by the various statutes under which it operates. Copies
of all such reports shall be provided to the Council and Mayor and
shall be available to members of the public unless otherwise
permittedorrequiredbylaw.
Section 9. Accounting, Budgets and Fiscal Year.
A. The accounting, maintenance of books and records, establishment and
maintenance offunds andaccounts, investment of cash surpluses,
disbursement ofmoniesandothernecessaryfinancialmattersofthe
Authority shall be the responsibility of the City Financial Director.
Direction of and control over the City Financial Director with
respect to such Authority financial matters shall reside in the
commissioners and the Authority Executive Director; provided,
however, that Authority accounting, investment, fund maintenance and
disbursement shallbeconsistentwithCityofRosemountprocedures.
Any conflict between the Authority or its Executive Director and the
City Financial Director with respect to the appropriate
interpretation of this paragraph shall be resolved by the Council.
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B. On or before such date of each year, as the Council may designate,
the Authority shall submit its annual budget to the City
AdministratorinaformprescribedbytheCityAdministrator. Such
budget shall include adetailed written estimate oftheamount of
money that the Authority expects to need from the City of Rosemount
for Authority business during the next fiscal year and shall
otherwisecomplywiththePortAct. TheCouncilmayimposesuch
conditions upon the issuance of obligations by the City of Rosemount
forthepurposeoffundingsaidAuthoritybudgetasitmaydetermine.
The City Administrator shall submit such budget tothe Council for
review and approval as a part of the City of Rosemount budgetary
process. The commissioners and staff of the Authority shall appear
before the Council as requested to explain and discuss the content
of the proposed Authority budget. Upon approval of such budget, the
Authority shall not exceed total budgeted expenditures without
approval ofcorresponding budget amendments bythe Council; provided,
however, thatthisprovisionshallnotprecludetheAuthorityfrom
unilaterally making such line -item changes as it deems appropriate.
C. The fiscal year of the Authority shall be the same as that of the
City of Rosemount.
Section 10. Powers.
A. The Authority may exercise all of the powers contained in the Port
Act, provided that:
1. Before establishing the boundaries of and undertaking public
activities with respect to an industrial development district,
asset forth in Section 469.058 of the Port Act, the Authority
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shall submit a Project Plan and Project Budget to the Council
for approval. Such Project Plan shall be submitted to the
Planning Commission ofthe City for its review and comment
regarding the consistency of said plan with the City's
comprehensiveplan. Consideration by the Council shall be made
atapublichearingupon10dayspublishednotice in the
official newspaper ofthe City ofRosemount. The Council may
imposesuchconditionsuponitsapprovalasitdetermines.
2. Before undertaking public activities within the Port District,
butoutsideanindustrialdevelopmentdistrict, theAuthority
shall submit a Project Plan and Project Budget to the Council
forapproval. Such Project Plan shall be submitted to the
Planning Commission of the City for its review and comment
regarding the consistency of said plan with the City's
comprehensiveplan. Consideration by the Council shall be made
at a public hearing upon 10 days published notice in the
official newspaper of the City of Rosemount. TheCouncilmay
imposesuchconditionsuponitsapprovalasitdetermines.
3. The Authority shall not issue obligations without the prior
approvaloftheCouncil.
B. The Authority may exercise all of the powers contained in the HRA
Act, providedthat:
1. Beforeestablishingtheboundariesofandundertakingpublic
activities with respect to a redevelopment project, as defined
in Section 469.002, Subdivision 14 of the HRA Act, the
AuthorityshallsubmitaProjectPlanandProjectBudgetto
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the Council for approval. Such Project Plan shall constitute
a "redevelopmentplan" pursuanttoSection469.027oftheHRA
ActandshallbesubmittedtothePlanningCommissionofthe
City of Rosemount for its review and comment regarding the
consistency ofsaid plan with the City's comprehensive plan.
Consideration bythe Council shall bemade atapublic hearing
upon10dayspublishednoticeintheofficialnewspaperofthe
City of Rosemount. The Council may impose such conditions upon
itsapprovalasitdetermines.
2. Before undertaking public activities outside of a
redevelopment project theAuthorityshallsubmitaProject
Plan and Project Budget to the Council for approval.
ConsiderationbytheCouncilshallbemadeatapublichearing
upon 10 days published notice in the official newspaper of the
CityofRosemount. TheCouncil may impose such conditions upon
its approval as it determines.
3. The Authority shall not issue obligations under the HRA Act
withoutthepriorapprovaloftheCouncil.
C. TheAuthorityisherebyappointedAdministratorofCityofRosemount
Development Districts, numbers 1 -1 previouslyestablished
bythe Council.
1. Pursuant to the Development Act, the Authority shall have the
following powers:
a. Toacquire property oreasements through negotiation.
b. To enter into operating contracts on behalf of the City
ofRosemountforoperationofanyofthefacilities
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authorized to be constructed under the terms of the
Development Act.
c. To lease space to private individuals or corporations
within the buildings constructed under the terms of the
Development Act.
d. Toleaseorselllandandtoleaseorsellairrights
over structures constructed under the authority of the
Development Act.
e. To enter into contracts for construction of the several
facilities or portion thereof authorized under the
DevelopmentAct.
f. Certify to the Council for acquisition through eminent
domain of property that cannot be acquired by
negotiation, but is required for implementation of the
developmentprogram;
g. CertifytotheCounciltheamountoffunds, ifany, which
must be raised through sale of bonds to finance the
programforindustrialdevelopmentdistricts.
h. Apply for grants from the Federal Government.
i. Apply for grants from other sources.
D. The Authority may exercise all ofthe powers of aredevelopment
agency contained in the Industrial Bond Act; provided, however, that
obligations shall not beissued without the prior approval ofthe
Council.
E. The Authority may exercise all of the powers of a city contained in
the Housing Finance Act, provided authorized to do so by ordinance
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of the Council pursuant to Section 462C.02, Subdivision 6ofthe
Housing Finance Act and provided further that obligations shall not
beissued without the prior approval ofthe Council.
F. The Authoritymay exercise all of the powers of an authority
containedintheTaxIncrementAct, providedthatobligationsshall
notbeissuedwithoutthepriorapprovaloftheCouncil.
G. The Authority may exercise such powers asmay becontained inother
lawsapplicabletoportauthoritiesorhousingandredevelopment
authorities not specifically described herein.
Section 11. Levy.
Pursuant to Section 469.053, Subdivision 4 of the Port Act, the Council
may propose to levy in 1992 .01813 percent of the market value of taxable
property within the City of Rosemount for operation, and .00282 percent of the
market value ofthe taxable property within the City ofRosemount for creating
and development of industrial development districts, which said levy shall be
taken into account for purposes ofthe City's levy limit and the proceeds of
which shall beset aside by the City Financial Director for purposes of the
Authority for expenditures by it in accordance with its approved budget.
In the event that the City of Rosemount levies an amount in excess of
00282 percent of the market value of the taxable property within the City of
Rosemount for the creation and development of industrial development districts,
the City Administrator shall prepare a separate resolution and shall publish the
same, together with anotice of public hearing on said resolution for two
successiveweeksintheCity'sofficialnewspaper. The hearing shall be held
on a date specified in said resolution which is two to four weeks after the first
publication. After the hearing, the Council may decide totake noaction ormay
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adopt a resolution authorizing the proposed levy or a lesser levy. A resolution
authorizingsuchlevyshallbepublishedintheCity'sofficialnewspaper. In
the event that the City levies an amount in excess of .00282 percent of the
marketvalueofthetaxablepropertywithintheCityofRosemount, theresolution
shallnotbeeffectiveifapetitionrequestingareferendumonsaidresolution
is filed with the City Clerk within 30 days of publication of said resolution.
Thepetitionmustbesignedbyvotersequalingfivepercentofthevotescast
intheCityofRosemountinthelastgeneralelection. Then the resolution is
onlyeffectiveifapprovedbyamajorityofthosevotingonthequestion. The
referendummustbeheldataspecialorgeneralelectionbeforeOctober1ofthe
year for which the levy increase is proposed.
Section 12. Influencing Government Actions.
NeithertheCommissionersorthestaffoftheAuthorityshallpresentto
Congress, thestatelegislature, anyfederalorstateagency, or any member
thereof, proposals regarding the structure and organization ofthe Authority or
any matter of policy affecting the City of Rosemount generally without the prior
approvaloftheCouncil. ItistheintentionofthissectionthattheAuthority
be prohibited from representing to these or similar governmental entitles policy
positions which might beinconflict with those held bythe Council and Mayor.
Section 13. Amendments.
The Authority shall not act inconsistently with this Enabling Resolution;
provided that a determination by the Council that the limitations imposed by this
resolution have been complied with by the Authority shall be conclusive.
Amendments to this resolution shall be by written resolution and upon notice and
hearing inaccordance with Subdivision 3(b) ofthe Enabling Act.
Section 14. Effective Date.
TheRosemountPortAuthority, adevelopmentagency, shallbedeemedcreated
as of January 2, 1992.
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Adoptedthis 3rd day of September 1991
ATTEST:
Su. nM. Walsh City Clerk
Motion by: Wippermann
Voted infavor: Wippermann, Napper, Oxborough, Klassen
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Seconded by: Klassen
Voted against: None
Subject EDA HRA Statute
Nature of Entity:A public body, corporate and politic; a political
subdivision of the State.
469.091 (2)A public body, corporate and politic 469.003 (1)
How Established:Enabling Resolution of the City Council after public
hearing
469.091 &
469.093
Exists in each City, subject to Council activation by
adopting findings of blight or housing shortages; State
filings required.
469.003
Liability:Officers and employees not liable for contracts, torts
not committed or authorized by them, or discretionary
actions, subject to Chapter 466.
469.1081 Officers and employees not liable for contracts, torts
not committed or authorized by them, or discretionary
actions, subject to Chapter 466.
469.014
Budgets & Accounting:Must send budget to City annually; Must maintain
financials consistent with City system and file with City
annually; State Auditor may do legal compliance
audits.
469.100 Must keep accurate financial records and submit
annually to Commissioner of the Dept. of Employment
and Economic Development, State Auditor and City;
State Auditor audits public housing and may perform
legal compliance audits.
469.013
Governance
City Council Controls:Must establish the authority 469.091(1)Activates authority 469.003(1)
Imposes Enabling Resolution restrictions 469.092(3)Approves redevelopment plans and modifications 469.028 &
469.029(6)
Receives annual report on Enabling Resolution 469.092(3)Approves acquisition before adoption of
redevelopment plan
469.028(5)
Removes commissioners for cause 469.095(5)Removes Commissioners for cause 469.010
Divides responsibility for powers and projects 469.094 Approves Federal Section 8 program 469.012(10)
Approves mayoral appointment of Commissioners 469.095(1)Approves mayoral appointment of Commissioners 469.003(6)
Establishes Commissioner's compensation 469.095(4)Approves housing payments in lieu of taxes 469.012(10)
Approves issuance of City general obligations 469.102(1)Approves public housing 469.016
Economic Development Authorities Housing & Redevelopment Authorities
Statute
Determines if Council Commissioner term is
coterminous with Council term
469.095(2)Determines if Council Commissioner term is
coterminous with Council term
469.003(6)
Levies tax for EDA purposes 469.107 Approves tax levy for HRA purposes 469.033(6)
Subject EDA HRA Statute
Number of Commissioners: 3, 5, 7; more if Council members are Commissioners
and Council is larger.
469.095(2)Up to 7; must be residents of the area of operation of
the HRA
469.003(5)
Council Members as
Commissioners:
Mandatory 1 if 3- member authority; 2 if 5 or 7
members; can be all if provided in enabling resolution
469.09 (2)Not mandatory, but permissive 469.00 (6)
Commissioner Terms:6 years, unless Council Commissioner term is
coterminous with Council term
469.095 (2)5 years and Council Commissioner term coterminous
only if Council so determines
469.00 (6)
Officers:President, Vice-President, Treasurer, Secretary and
Assistant Treasurer; May combine, but not President
and Vice-President; Secretary and Assistant
Treasurer need not be Commissioners
469.09(2)Chairperson and Secretary 469.01(2)
Treasurer's Bond:Twice the amount of money likely to have on hand,
not to exceed $300,000
469.096(6)No required
Conflict of Interest:
Commissioner & Employee:
No financial interest in a project. No financial interest
in any contract which authorized to take part in
making.
469.098 &
471.87
No financial interest in any contract which authorized
to take part in making.
469.009 (1) &
469.009 (3) &
471.87
Commissioner
Compensation:
Meeting per diem in an amount determined by City
Council; Expenses reimbursed.
469.095(4)Meeting per diem of $75.00. No compensation if (1) a
full- time State or local government employee or (2)
elected official receiving another per diem for that day;
Expenses reimbursed.
469.011(4)
Statute
Powers
Subject EDA HRA Statute
Create Project Areas:“Economic development districts” if the Authority
makes the tax increment financing "redevelopment
district" findings
469.01 &
469.174(10)
“Redevelopment projects” if Authority makes findings
of "blight"
469.028
Buy and Sell Property:Subject to public hearing on sale and taxpayer appeal 469.101(2) &
469.105
Subject to public hearing on sale. Must take fair
market value into consideration in determining price
except for 1(vacant, open or undeveloped land or
vacated substandard dwellings and 2) land in excess
of the HRA’s foreseeable needs.
469 469 2
(1e)(1g) &
469.029
Contract with Other
Governmental Entities:
Yes 469.101 (2)Yes 469.012 (1g)
Act as a Limited Partner:Yes 469.101 (6)Silent, except power to acquire “an interest in
property”
469.012(6)
Accept Gifts:Yes 469.012(2),(9)Yes 469.012(1g)
Apply for Foreign Trade
Zone Status:
Yes 469.101 (11)Silent
Mix & Match EDA
/HRA Powers:
Yes 469.101 (12)No
Own and Operate Public
Facilities:
Yes 469.101 (13)Yes, but only public parking facilities.460.012 (18)
Act as Agent for other
governmental entities:
Yes 469.101 (14)Yes 469.012 (11)
Carry Out Studies:Yes, for economic development.469.101 (15)Yes, for housing and redevelopment.469.012 (1t)
Issue General Obligation
Bonds of the City:
With City approval 469.102 For certain HRA-owned housing projects, with City
approval.
469.034 (2)
Issue Revenue Bonds:Yes 469.103 Yes 469.034 (1) &
469.184(8)
Issue Bond Anticipation
Notes:
Yes 469.101 (19)No
Use of Revenue Bond
Proceeds for Private Loans:
Yes 469.101
& 469.156 (IDBs)
Yes 469.156 (IDBs)
Issue City G. O. Bonds Yes, vote of City Council 469.102 Yes, for qualified housing on a limited basis 469.034 (2)
Statute
Subject EDA HRA Statute
Make Loans for any
Purpose of the Act:
Yes, for economic development.469.192 Yes, for housing and redevelopment.469.192
Trade Notes, Bonds,
Leases, Contracts in
Secondary Market:
Yes 469.101 (22)No
Provide Seed or Venture
Capital:
Yes 469.102 (23)No
Advance Funds for
Development and
Redevelopment:
Yes 469.106 No
Levy Taxes:Up to .01813% of taxable market value by City, with
reverse referendum to increase beyond.
469.107 Up to .01851% of taxable market value with City
approval, which can be given for future years
469.033(6)
Carry out Federal Housing
Programs:
No Yes 469.012
Construct and Own
Housing:
Only if part of economic development.469.101(2)Yes 469.012
Make "payments in lieu of
taxes":
No Yes, for “housing projects” or “housing development
projects”
469.040
Housing Rehabilitation
Loans and Grants:
No Yes 469.012(6)
Housing Interest Reduction
Programs:
No Yes 469.012(7)
Commercial Rehabilitation
Loans:
No 469.184 Only as an agent of the City as authorized by City 469.184
Housing Down Payment
Assistance Loans and
Grants:
No Yes 469.012(13)
Exemption from Public
Bidding:
No general public bidding requirements for EDAs
listed in statutes. Public bidding for sale of property
unnecessary if negotiated private sale that is in the
City’s interests and furthers the EDA’s general plan of
economic development.
469.105(4)Yes, for public housing, certain parking facilities and
certain HRA-owned housing.
469.015 (4)
Utilize Tax Increment
Financing:
Yes, for purposes of EDA Act 491.176(4)Yes, for purposes of HRA Act 469.176(4)
Statute