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5.1 05-21-13-01 EDA ResolutionCITY OF SCANDIA RESOLUTION NO. 05-21-13-01 RESOLUTION ENABLING THE ESTABLISHMENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SCANDIA, MINNESOTA, PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.090 THROUGH 469.1082, AS AMENDED BE IT RESOLVED by the City Council (the “Council”) of the City of Scandia, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. The City is authorized pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the “Act”) to establish an economic development authority for the City and the Council desires to do so in order to promote certain economic, commercial, housing and industrial development and redevelopment goals and objectives. 1.02. The Council hereby finds that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and is in the best interests of the health, safety, prosperity and general welfare of the residents of the City. 1.03. The City has caused notice of a public hearing on the establishment of an economic development authority to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal has been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so. Section 2. Establishment of Economic Development Authority. 2.01. Pursuant to the Act, the Council establishes an economic development authority for the City to be known as the Economic Development Authority of the City of Scandia, Minnesota (the “EDA”). 2.02. The EDA shall be governed by a board of commissioners consisting of five members, two of whom shall be members of the Council. The initial appointments of the non- Council commissioners shall be for the following terms: one (1) for three (3) years, one (1) for four (4) years and one (1) for five years. Thereafter, the terms of the non- Council commissioners shall be six (6) years and until their successors are appointed and qualified. The terms of the Council members serving as EDA commissioners shall coincide with their respective terms of office on the Council. Each commissioner of the EDA who is a member of the Council shall cease to be a commissioner effective at such time as he or she is no longer a member of the Council, and a successor commissioner shall be appointed pursuant to the Act to serve the remainder of the applicable term (if any) so vacated. Section 3. Powers. 3.01. The EDA shall have all powers given to an economic development authority pursuant to the Act, as the same may be amended or supplemented from time to time, including the powers of a housing and redevelopment authority contained in Minnesota Statutes, Sections 469.001 through 469.047, as amended, and the powers of a city under Minnesota Statutes, Sections 469.124 through 469.134, as amended. 3.02. The sale of all general obligation or revenue bonds of the EDA must be approved by the Council before such bonds or obligations are issued. 3.03. The EDA shall follow the budget process for City departments as provided by the City and as implemented by the Council. 3.04. All actions of the EDA must be consistent with the adopted comprehensive plan of the City and any official controls implementing the comprehensive plan. 3.05. The general budget of the EDA must be transmitted and approved by the Council at the same time as the City’s general budget. 3.06. Notwithstanding Section 469.101, Subdivision 4 of the Act, the EDA may not take or attempt to take any property within the City by eminent domain without the prior approval of the Council. 3.07 As a means of more clearly setting forth its powers and rules of procedure, at its initial organizational meeting the EDA shall adopt a set of By-Laws, which shall, among other things, establish the general policy duties and provide for the appointment of the President, Vice-President, Treasurer, Assistant Treasurer, and Secretary. The initial By-Laws and subsequent amendments thereto must also be approved by a majority vote of the Council. Adopted by the Scandia City Council this 21st day of May, 2013. ________________________________ Randall Simonson, Mayor ATTEST: ___________________________________ Kristina Handt, Administrator/ City Clerk