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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
SUBJECT:
City Council
Craig W. Dawson, City AdministratorcJ> '
Bonnie Burton, Finance Director ~
July 5, 2001
Work Session -- Initial Discussions on 2002 Budget
TO:
FROM:
Preparation for the 2002 budget process has been delayed pending the outcome of the omnibus tax
bill in the special session of the Legislature. While the League of Minnesota Cities and Association
of Metropolitan Municipalities have been good at forwarding information, they and others are still
reviewing details of the bill as they affect cities. Interpretation of these details will provide finer
defmition in setting the tax levy and establishing the 2002 budget.
The Legislature and the Governor have re-ordered the State/local fmancial relationship. They have
truly reformed the property tax system. Most significantly, they have simplified the property tax
classification system: there are fewer "tiers" of value to determine tax capacity, and differences in
rates for different classes of property have been compressed (er more nearly equal).
The State will assume responsibility for a greater share of education funding, with its funding
replacing much of local school property taxes. A significant portion of this new funding will be
realized from the elimination of HAC A (Homestead and Agricultural Credit Aid) payments to local
governments. Non-school local governments will authority to levy for these lost aids.
The Legislature and Governor have redesigned the property tax t{) fund services that are provided
locally. As the school property tax levy is reduced, the relative proportion of the property tax levied
by cities will increase. A simulation by House Research suggests that the typical city levy in
Southwest Hennepin County will rise from 17.50% rate of tax capacity to 28.78%. Thus, it may
appear that a city's levy would increase 64%. With such a dramatic change, lawmakers expect that
local levying authorities will come under greater taxpayer scrutiny.
All sorts of claims have been made about how the new tax law will reduce property taxes. These
promises have been made with significant assumptions in several scenarios. For example, the House
Research simulation suggests that residential homestead properties would see 20% to 30% decreases
in their total property tax statements. It may well be that es.timates were based on continuing current
levies into 2002, in which case the savings would be overstated. The State has established
expectations~ and it will be left to local governments to explain how these expectations are not
realized.
{) PRINTED ON RECYCLED PAPER
fF'~
-2-
Levv Limits: The budget philosophy weprefer to follow is one in which expectations, projects, etc., are
identified, and then take on the task of finding the moneys to fund them. The tax bill does cause one to
take a different, more finite approach to budgeting. The Legislature in its usual level of wisdom decided
that levy limits should be reinstated for taxes payable for the 2002 and 2003 budgets. (Evidently, it
believed that local governments would overreach into the total property tax reductions. Also, it was
unsure of the degree of the shift in tax burden to residential properties, particularly lower-valued
homesteads, and wanted to provide some level of protection for them.) The levy increase is limited to the
implicit price deflator (3.0% for payable 2002). the percentage increase in the number of households. and
one-half of the percentage increase in commerciaVindustrial properties.
Some very rough math indicates our levy could increase $65,000 to $80,000. We are unclear whether the
replacement levy for HACA can also increase 3.0%. Additionally, we are unclear whether the increase in
the required employer contribution to PERA will increase for 2002, was excluded from levy limits.
Some Known Obli2ations: Budgets have been recommended or proposed for two of the three public
safety departments serving Shorewood. The 2002 budget recommended by the Excelsior Fire District
would require Shorewood to contribute $284,500, approximately $45,000 more than the amount for 2001.
In the 2002 budget proposed by the SLMPD police chief, Shorewood's share would be $599,000, an
increase of $60,000. (The proposed 2002 budget for the Mound Fire Department, and the City's part of it,
will be available later this month.) As we understand the levy limit today, Shorewood's obligations for
public safety services alone would exceed the allowable increase.
** Given Shorewood's obligations for future cooperative public safety services (Le., the new formula
for SLMPD costs; the addition of fire station facilities and to the authorized complement of
firefighters), the City Council should consider seeking special legislation to exempt these
extraordinary costs from Shorewood's levy limit.
Policy Alternatives: There are several general directions that would provide some relief from the
pressure of the levy ceiling. Some that quickly come to mind include:
. Scale back transfers from the general fund to capital funds
. Designate a portion of liquor store profits (rather than general funds) to be transferred to capital
funds (e.g., park improvement)
. Issue equipment certificates (i.e., a debt obligation) to purchase public works equipment, rather
than making fund transfers under the current pay-as-you-go program
. Defer projects or programs
Unfortunately, all of these approaches all imply deferred funding, maintenance, or implementation, and
the greater longer-term cost that goes with them. We are always looking at ways to economize
operations, and will continue to do so in budget planning and actual purchases. It would appear that our
. continuous fine-tuning program likely will not have the yields needed to comply with the levy limit
statute.
Direction: Staff would appreciate Council's identification of priorities in terms of projects or programs
to undertake in 2002, and level of preference or comfort in budget-making policies. It is important not to
rely on one-time revenues, one-time savings, or utilization of general fund reserves to balance the 2002
budget, as this approach will present structural problems with levy limits for the 2003 budget as well as
future years (whether levy limits are in place or not).
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council rb
Craig W. Dawson, City Administrator
July 5, 2001
Establishment of a Shorewood Economic Development Authority (EDA)
City Attorney Tim Keane has provided a memorandum on the establishment of an EDA for
Shorewood. An EDA is a corporation that the City may form for a variety of purposes; most often it
is used as a financing entity. We have had discussions about the desirability of using lease-revenue
bonds (also called "certificates of participation") for constructing public safety facilities, and an EDA
provides the vehicle for the fire and/or police JPOs to do so. We have also had very exploratory
discussions about a new city hall, and lease-revenue financing through a Shorewood EDA would be
an appropriate fmancing source.
It would be simplest for the members of the Shorewood City Council to serve also as commissioners
on the Shorewood EDA. Drafts of an enabling resolution and by-laws, which are attached, assume
this approach.
State statutes require a public hearing, within prescribed time for notification, for consideration of the
enabling resolution.
City Council Direction: If the Council concurs that the Shorewood EDA should be established,
staff will set in motion the public notice and public hearing process.
{) PRINTED ON RECYCLED PAPER
-#3
MEMORANDUM
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Attorne~ at Law
1500 Norwest Financlal Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
Telepnone: (612) 835-3800
FAX: (612) 896-3333
TO:
FROM:
Craig Dawson, City Administrator
Timothy J. Keane, City Attorney
DATE:
June 19,2001
RE:
City of Shorewood/Formation. of an Economic Development Authority
The City of Shorewood (the City) is exploring options to redevelop an area of the City currently
occupied by underutilized commercial properties. The City requested information on forming an
Economic Development Authority (EDA). This memorandum provides a summary of the law
governing formation of an EDA.
The formation and operation of ED A's are governed by Minnesota Statutes Chapter%9. The
City's first step is to adopt an enabling resolution. Minn. Stat. ~ 469.091. the resolution must be
adqpted in compliance with the procedural requirements of Minnesota Statutes section 469.093.
Those requirements are:
(1) The written resolution should be referred to as the enabling resolution;
(2) The City must publish notice of a hearing on the resolution for two
consecutive weeks not more than thirty days before the hearing;
(3) Published notice must include time, place, and purpose of the hearing,
with a summary of the resolution;
(4) The City must hold at least one public hearing on the resolution.
Minn. Stat. ~ 469.093, Subd. 1. The enabling resolution may be modified at any time by
following the same procedural requirements. Id., subd. 2, Minn. Stat. ~ 469.092, Subd. 2. The
resolution may include some, all, or none of the following limits on the EDA: '
1) That the EDA may not exercise any of the specified powers of a Housing and
Redevelopment Authority (Minn. Stat. ~ 469.001 - .047), an EDA (Minn Stat.
~ 469.090 - .108), or a City Development District (Minn. Stat. ~ 469.124 - .134);
2) That the EDA may not exercise any or certain specified powers without approval
of the City Council;
.
3)
That the EDA's sale of any bonds or obligation be approved beforehand by the
City Council;
4) That the EDA follow the same budgeting process as other City departments;
5) That all official actions of the EDA be consistent with the City's Comprehensive
Plan, Zoning Ordinance, and other land use controls; .
6) That the EDA submit all planned activities for influencing any other governmental
body to the City Council;
7) That the EDA submit its administrative structure and management practices to the .
City Council for approval;
8) Any other limitation or control established by the City Council in the enabling
resolution.
Minn. Stat. ~ 469.092.
Passage of the resolll;tion creates the EDA, which, subject to the limitations in the enabling
resolution, holds the powers of a Housing and Redevelopment Authority, an Economic
Development Authority, and a City. The EDA is a public body corporate and politic and a
political subdi:v:.ision of the state. It has a right to sue and be sued, and is not immune from
liability. Minn. Stat. ~ 469.091 Subd. 2. Laws applying to political subdivisions of the state,
such as contracting and employment policies, apply to the EDA.
Proiect~ and Personnel
Initially, the City may transfer projects undelWay from the City to the EDA. Minn. Stat.
~ 469.094 Subd. 2.
Leadership and Management
The EDA is directed by a board of three, five, or seven commissioners, as indicated in the
enabling resolution. Minn. Stat. ~ 469.095, Subd..1. The board may be made up entirely of the
City Council. rd., Subd. 2(d). If the is made up of members of the City Council, terms maybe
made to coinCide with the City Council term. Minn. Stat. 469.095 Subd. 2(f). If the board is not
made up of members of the City Council, terms are six years, staggered so that one seat is elected
each year. Minn. Stat.g 469.095, Subd. 2.. Board salaries are set by the City Council, and are
paid from the EDA's budget.
The board elects five officers: a president, vice-president, secretary, treasurer, and assistant
treasurer.. The president and vice-president cannot be the same commissioner, but the other
offices maybe held by dual office-holders. Minn. Stat. 469.096, Subd. 2. The board must"adopt
an official seal, and may adopt bylaws and rules of procedure. Minn. Stat 469.096, Subd. 1. The
treasurer is responsible for the EDA's money, including an accounting submitted each year to the
secretary. This accounting is reviewed and approved each year by the board. Minn. Stat.
2.
9469.096, Subd. 9. The treasurer must give bond to the state, to ensure faithful performance of
duties, for an amount twice the amount likely to be on hand at anyone time, or $300,000,
whichever is less. Minn. Stat. 9 469.096 subd. 6. Authority money is public money, and may be
disbursed only by check signed by the treasurer and one other officer. Minn. Stat. 9469.096.
.
An EDA may employ an executive director, a chief engineer, other technical experts and agents,
and other employees as it may require. Minn. Stat. 9 469.097, Subd. 1. The EDA may also
contract for necessary services, including contracting with separate legal counsel. Minn. Stat.
9469.097, Subd. 2, 3. The EDA may purchase supplies and services, including using the City's
normal purchasing and contracting processes. Minn. Stat. 9 469.097.The City may furnish EDA
office space, and clerical, engineering, and other assistance. Minn. Stat. 9469.097, Subd. 6.
I have enclosed a draft Enabling Resolution. and draft EDA By-Laws for your review. Please
give me a call when you wish to review.
#684254 vi - SHOREWOOD/MM/DA WSON/6-19-01
3.
1. The Authority
b~
~~~
.
BY-LAWS OF THE SHOREWOOD
ECONOMIC DEVELOPMENT AUTHORITY
Section 1.1. Name of Authority. The name of the Authority shall be the Shorewood
Economic Development Authority (hereinafter, the "Authority"), and its governing body shall be
called the Board of Commissioners (hereinafter, the "Board").
Section 1.2. Office. The principal office of the Authority shall be at City Hall, 5755
Country Club Road, Shorewood, Minnesota.
Section 1.3. Seal. The Authority shall have an official seal.
2. Organization
Section 2.1. Board. The Board of Commissioners for the Authority shall consist of the
Mayor and each member of the City Council in an for the City of Shorewood (the "City"). Each
Commissioner's term shall coincide with their term as Mayor or member of the City Council.
Section 2.2. Officers. The officers of the Authority shall consist of a President, a Vice
President, a Secretary, a Treasurer and an Assistant Treasurer. The Mayor of the City shall serve
as the President of the Authority. The Vice President, and the Treasurer shall be members of the
Board and shall be elected at the annual meeting of the Board. No Commissioner may serve as
President and Vice President at the same time. The offices of Secretary and Assistant Treasurer
need not be held by a Commissioner.
Section 2.3. President. The President shall preside at all meetings of the Board.
Section 2.4. Vice President. The Vice President shall preside at any meeting of the
Board in the absence of the President and may exercise all powers and perform all
responsibilities of the President if the President cannot exercise or perform the same due to
absence or other inability.
Section 2.5. President Pro Tem. In the event of the absence or inability of the President
and the Vice President at any meeting, the Board may appoint any remaining Commissioner as
President Pro Tem to preside at such meeting.
Section 2.6. Treasurer. The Treasurer shall receive and be responsible for Authority
money, shall disburse authority money by check only, keep an account of all Authority receipts
and disbursements and the nature and purpose relating thereto, shall file the Authority's financial
statement with its Secretary at least once a year as set by the Authority, and be responsible for.
the acts of the Assistant Treasurer. .
Section.2.7. Assistant Treasurer. The City Administrator for the City shall serve as the
Assistant Treasurer to the Authority and shall have all powers and duties of the Treasurer if the
Treasurer is absent or disabled.
.'
Section 2.8. Secretary. The City Administrator shall serve as the Secretary of the .
Authority and shall keep or cause to be kept minutes of all meetings of the Board and shall
maintain or cause to be maintained all records of the Authority. The Secretary shall also have
such additional duties and responsibilities as the Board may from time to time and by resolution
prescribe.
Section 2.9. Executive Director. The City Administrator shall serve as the Executiye
Director of the Authority, shall be chief appointed executive officer of the Authority, and shall
have such additional responsibilities and authority as the Board may from time to time by
resolution prescribe. The City Planning Director shall be the Assistant Executive Director.
3. Procedures of Board of Commissioners
Section 3.1. Annual Meeting. The annual meeting of the Board shall be held at 6:00
p.m. on the fourth Monday of July in each year.
Section 3.2. Regular Meetings. The board shall hold regular meetings on the fourth
Monday of each month, commencing at 6:00 p.m., C.T., or at such other time as the Board may
determine. In the event such date shall fall on a legal holiday, the meeting shall beheld on the
next succeeding secular day or on such other date as determined by the Board.
Section 3.3. Special Meetings. Spycial meetings of the Authority may be called by the
President, the Executive Director or three members of the Board for the purpose of transacting
any business designated in the call.
The call for a special meeting may be delivered at any time prior to the time of the
proposed meeting to each Commissioner or may be mailed to the business or home address of
each Commissioner at least two (2) days prior to the date of such special meeting.
At least three days prior to a special meeting, written notice of its date, time, place and
purpose shall be (a) mailed or delivered to anyone who has specifically requested notice of
. special meetings or, as an alternative, published in the Authority's official newspaper, and (b)
posted on the ''principal bulletin board" of the Authority or, if there is none, on the door of the
Commissioner's "usual meeting room." At such special meeting, no business shall be
considered other than as designated in tl1e call, but if all of the members of the Authority are
present at a special meeting, any and all business may be transacted at such special ~eeting.
Section 3.4. Emergency Meetings. Meetings regarding matters which, in the judgment
of those 'calling the meeting pursuant to Section 3.3, above, require the immediate consideration
of the' AuthoritY may be held withoufre'gard to the notice requirements otherwise applicable to .
special'meetings. The Authority shall make good faith effort to give notice of such emergency.
meeting, including the purpose thereof: to any news medium that has filed such a written. request
with the Authority. If matters other than those related to the emergency are permitted to be
discussed under Section 3.3, above, and so are discussed, the minutes of the meeting shall
include a specific description of such matters.
2.
.
Section 3.5. Quorum. A quorum of the five member Board shall consist of three
Commissioners. In the absence of a quorum, no official action may be taken by, on behalf of, or
in the name of the Board or Authority.
Section 3.6. Adoption of Resolutions. Resolutions ofthe Board shall be deemed adopted
if approved by not les& than simple majority of all Commissioners present and constituting a
quorum. Resolutions may, but need not, be read aloud prior to a vote taken thereon and may, but
need not, be executed after passage.
Section 3.7. Rules of Order. The meetings of the Board shall be governed by the most
recent edition of Robert' s Rules of Order.
4. Miscellaneous
Section 4.1. Fiscal Year. The fiscal year of the Authority shall be the same as the City's
fiscal year.
Section 4.2. Treasurer's Bonds. The Treasurer shall give bond to the state conditioned
for the faithful discharge of official duties. The bond must be approved as to fonn and surety by
the Authority and filed with the Secretary and must be for twice the amount of money likely to
be on hand at anyone time as determined at least annually by the ,A.uthority, provided, however,
that said bond must not exceed $300,000.
Section 4.3. Checks. An Authority check must be signed by (1) the President and (2) the
Treasurer or Assistant Treasurer. The check must state the name of the payee and the nature for
which the check was issued.
Section 4.4. Financial Statements. The Authority shall examine the financial statement
together with the Treasurer's vouchers, which financial statement shall disclose all receipts and
disbursements, their nature, money on hand and the purposes to which it shall be applied, the
Authority's credits and assets and its outstanding liabilities. If the Authority finds the financial
statement and Treasurer's vouchers to be correct, it shall approve them by resolution.
Section 4.5. Report to City. The Authority shall annually, at a time designated by the
City, make a report to the City Council giving a detailed account of its activities and of its
receipts and expenditures for the preceding calendar year.
Section 4.6. Budget to City. The Authority shall annually, at a time designated by the
City, send its budget to the City Council which budget includes a written estimate of the amount
of money needed by the Authority from the City in order for the Authority to conduct business
during the upcoming fiscal year.
Section 4.8. Employees. The Authority shall utilize City staff and facilities as it may
require as assigned by the Executive Director.
Section 4.9. Services. The Authority may contact for the services of consultants, agents,
public accountants and others as needed to perform its duties and to exercise its powers. The
3.
Authority may also use the services of the City Attomey or hire a general counsel, as determined
by the Authority.
.
Section 4.10. Supplies. Purchasing. Facilities and Services. The Authority may purchase
the supplies and materials it needs. The Authority may use the facilities ofthe City's purchasing
department. The City may furnish offices, structures and space, stenographic, clerical, .
engineering and other assistance to the Authority.
Section 4.11. Execution of Contracts. All contracts, notes, and other written agreements
or instruments to which the Authority is a party or signatory or by which the Authority may be
bound shall be executed by the President and/or the Executive Director or the Assistant
Executive Director, or by such other Commissioners or Officers of the Authority as the Board
may by resolution prescribe.
Section 4.12. Amendment of By-Laws. These By-Laws may be amended by the Board
by majority vote of all Commissioners, provided that any such proposed amendmentshall first
have been delivered to each Commissioner at least five days prior to the meeting at which such
amendment is considered.
The foregoing By-Laws were duly adopted by the Board of Commissioners of the
Shorewood Economic Development Authority on the 25th day of September, 2000.
Executive Director
President
::ODMA\PCDOCS\Lm 1 \678185\1
r
4.
'.
.,
,
RESOLUTION NO. 01-
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MlNNESOTA
11 .
~4Pt
ENABLING RESOLUTION ESTABLISHING AN
ECONOMIC DEVELOPMENT AUTHORITY UNDER
MINNESOTA STATUTES. SECTIONS 469.090 TO 469.1081
WHEREAS, Minnesota Statutes. Sections 469.090 to 469.1081 (the "EDA Act"),
authorizes cities to establish Economic Development Authorities ("ED A") with specified powers
and obligations to promote and to provide incentives for economic development; and
WHEREAS, the City Council of the City of Shorewood, Minnesota (the "Council") has
determined that it is in the best interest of the City of Shorewood, Minnesota (the "City'') to
establish an EDA in order to preserve and create jobs, enhance its tax base, implement certain
housing initiatives, to promote the general welfare of the. people of the City and to assume
primary responsibility for development and redevelopment activities within the City; and
WHEREAS, the Council has provided public notice and conducted a public hearing on
August 28, 2000, concerning the establishment of an EDA and has fulfilled all other legal
requirements for the establishment of an EDA. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
1. The Shorewood Economic Development Authority (the "SED A") is hereby
established pursuant to Section 469.091, subdivision 1 of the EDA Act.
2. . The SEDA shall have all of the powers, rights, duties, and obligations confirmed
upon economic development authorities by Section 469.090 to 469.108, including the powers of
a city granted by the Municipal Development District Act, Minnesota Statutes. Sections 469.124
to 469.134 and of a housing and redevelopment authority granted by the Housing and ,
Redevelopment Authorities Act, Minnesota Statutes. Section 469.001 to 469.047.
3. It is the intention of the Council, by adoption of this enabling resolution, to grant
to the SEDA the powers set forth in paragraph 2, while at the same time leaving unaffected by
this action all powers of the City. Specifically, the City shall retain all powers necessary to carry
out all development activities not hereby transferred to the SEDA.
4. The funds and accounts currently existing in the name of the City and budgeted
for the City's Economic Development Committee are hereby designated in the name of the
SEDA and transferred to the ownership and control of the SEDA to be used in accordance with
and in furtherance of this resolution and the EDA Act.
5. The SEDA shall be governed by a board of commissioners. ("Commissioners")
consisting of the .members of the Council. The terms of the Commissioners shall coincide with
their terms of office as members of the Council in that such term shall expire with the expiration
of the Council term being served at the time of their appointment.
6. Each Cominissioner of the SEDA shall be paid in such amounts as are determined
by the Council. Reimbursement of expenses and cost of travel for each Commissioner shall be
paid in such amounts and at such rates as are established Council Members. All money paid for ...
such compensation or reimbursement shall be paid out of the SEPA's budget.
7, The first meeting of the Commissioners shall take place on or before
September 24, 2001 at the City. Council Chambers. At such first meeting,. the Commissioners
shall elect a vice-president, treasurer, secretary, and assistant treasurer in accordance with
Section 469.096, Subd. 2 of the EDA Act. The Mayor of the City shall be the ex-officio
President of the SEDA. Such officers shall have the duties and powers set forth in Section
2.
469.096 and such other powers and duties as determined by the Commissioners. In addition, the
Commissioners shall adopt bylaws and rules of procedure for the SEDA at the first meeting.
8. The City Administrator for the City shall be the ex-officio Executive Director of
the SEDA and, in such capacity, shall act at the direction of the Commissioners. The City may
provide such City staff to the SEDA as the SEDA may require; provided that the City may
require reasonable reimbursement by the SEDA for costs associated with the provision of such
staff; and provided further that nothing in this paragraph shall preclude the SEDA from hiring
such personnel as the SEDA may from time to time determine.
9. The SEDA may contract for the services of consultants, agents, public
accountants, and other persons needed to perform its duties and exercise its powers. The SEDA
shall retain the services of the City's legal counsel for its legal needs.
10. The SEDA's fiscal year shall be the same as that of the City. In accordance with
Section 469.100, subdivision 2 of the EDA Act, the SEDA shall annually submit its budget to the
Council for approval. Within thirty (30) days of the Commissioners' first meeting pursuant to
paragraph 6 above, the Commissioners shall submit for Council approval a temporary budget
covering the period from the date of such submittal until the end of the current fiscal year. For
each subsequent fiscal year, the SEDA shall submit a proposed budget for approval of the
Council on or before August 1st of the preceding'fiscal year.. Upon submittal to the Council of
its proposed annual budget, the SEDA shall also provide its report to the Council as required by
Section 469.100, subdivision 4 of the EDA Act.
11. The financial statements of the SEDA shall be prepared, audited, filed, and
published or posted as required by Section 469.100, subdivision 5 of the EDA Act.
3.
12. Each year, within sixty (60) days of the anniversary date of the first adoption of
this enabling resolution, the SEDA shall submit to the Council its report regarding modification
of this enabling resolution as provided in Section 469.092, subdivision 3 of the EDA Act.
13. Nothing shall prevent the City from modifying this enabling resolution to impose
limits on the powers of the SEDA or provide for other matters as authorized in the EDA Act or
other law.
Adopted:
AYES:
NAYS:
ABSENT:
APPROVED
Woody Love, Mayor
ATTEST:
Craig Dawson, City Administrator
::ODMA\PCDOCS\LIB 1 \678181 \1
4.
469.107 ECONOlVIIC DEVELOPMENT
1058
j
1
! '
i
:~ .
469.107 CITY MAY LEVY TAXES FOR ECONOMIC DEVELOPMENT AutHOR-
ITY. ",
. SubdiViSion 1. City tax levy. A citY may, at the request of the authority, levy a tax in any
year for the benefit'of the authority. The tax must be not more than 0.0 1813 percent of taxable
market'value: The amount levied must be paid by the city treasurer to the treasurer of the
authority, to be spent by the authority.' , "
Subd.'2. Reverse referendum. A city may increase its levy for economic development
authority purposes under subdivision 1 in the following way. Its city council must first pass a
resolution stating the proposed amount oflevyincrease. The city must then publish the reso-
lution together With a notice of public hearing on the resolution for two successive weeks in
its official newspaper or if none exists in a newspaper of general circulation in the city. The
hearing must be held two to four, weeks after the first publication. After the hearing, the city
council may decide to take no action or may adopt a resolution authorizing the proposed in-
crease or'a lesser increase. A resolution authorizing an increase must be published in the
city's official newspaper or if none exists in a newspaper of general circulation in the city.
The res'olution is not effective if a petition reques,ting a referendum on the ,resolution is filed
with the city clerk within 30 days of publication of the resolution; The petition must be signed
by voters equaling five percent of the votes cast in the city in the last general election. The
election must be beld. at a general or special election. Notice of the election must be given in
themannerrequired,by law. The notice must state the purpose'and ainount of the levy." .
, History: 1987 c 291 s 108; 1988 c 719 art 5 s84; 1989c 277 art 4 s64; 1992 c 511
art 5 s 13 ' , '/ .' .
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469.108 SPECIAL LAW; OPTIONAL USE.'. ,,:,' ::" , ."', , '
A citY tha:f b.8.S 'established a:port authority by speCial law or that has Deen grarited tlie
power to establish a port authority by special law, or a city whose city council has be;eh autho;.
rized to exercise the powers of a port authority by special law , may electto ,use the.powers
granted in sections 469.090 to 469.108. If the election is made, the powers and duties set forth
in sectio~ 469~090 to 469.108 supersede the special law and the special law must not be used
after the electiofu The use of powers under sections 469 :090 to 469.108 by a city described in
this section does not impair the security of any obligations issued-or contracts or agreements
executed under the specialla\y. Control, authority, and operation of any project may be trans~
ferred to the authority in, the manne~ provided in section 469.094." ,: ." :..
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469.1081 LIABLE IN CONTRACT OR TORT. ,
Subject to the provisions of chapter 466, an authority shan be liable in contnict or in tort
in the same manner as a private corporation. The commissionerS of an authority shall not be
personally liable as s~ch on its contracts, or for torts, not committed or directly authorized by
them. The~perty or funds of ~ authority shall not ~.subject to attachment, or to levy and
sale on e~ecutiQn, but, ifan autb,ori'ty refuses to pay a judgment entered against it in any cpurt
of competent jurisdiction, the district court for the.county,in which the authority is sitliated
may, by writ ofman~us; pirect the treasurer of the authority to pay the judgment from any
UIl,enc~bered funds ~vaU~~e for that purpose. , '
- History: 1991 c 34i s 13 '-
AREA REDEVELOPMENT
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'469.109 PURPOSE.
The legislature finds that there exists in the state certain areas of substantial and persis-
tent unemployment causing hardship to many individuals and their families and that there
,also exist certai.n;rural areas where development and redevelopment should be encQUraged.
The legislature finds that the powers and facilities of the state government and local commu-
nities, in cooperation with the federal government, should assist rural areas and areas of sub-
stantial and chronic unemployment in planning and financing economic redevelopment by
1059
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stable and di
through the d
The legi
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plants and fac
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developed ar
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469.110 DE.
Subdivi
tion have the
Subd.2
ity.
Subd. 3
agencies ere,
bOdy of any
Subd. 4
county, tOWI
Subd. :
other body <
Subd. t
agency crea
Subd.'
the territori~
ably definel
ployrneilt, u
spread relia
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or any dep~
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. Subd.
site;' strucn
ation,al, COl
or area red
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Rural Dev
'that act, sb
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lation den
, Sub,
mercial, l'
least 51 PI
Subc
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Hist
469.111 :
Subc
469.109t
corporate
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