HF 565

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan area housing; authorizing the 
  1.3             metropolitan council to operate a federal section 8 
  1.4             housing program within the metropolitan area pursuant 
  1.5             to joint exercise of powers agreements; amending 
  1.6             Minnesota Statutes 1994, section 473.195, subdivision 
  1.7             1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 473.195, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  In addition to, and not in limitation of, 
  1.12  all other powers invested in it by law, the council, and the 
  1.13  members thereof, shall have, throughout the metropolitan area, 
  1.14  the same functions, rights, powers, duties, privileges, 
  1.15  immunities and limitations as are provided for housing and 
  1.16  redevelopment authorities created for municipalities, and for 
  1.17  the commissioners of such authorities.  The provisions of 
  1.18  sections 469.001 to 469.047 and of all other laws relating to 
  1.19  housing and redevelopment authorities shall be applicable to the 
  1.20  council when functioning as an authority, except as herein 
  1.21  provided or as clearly indicated otherwise from the context of 
  1.22  such laws.  Section 469.003 shall have no application to the 
  1.23  council nor to any municipality or county within which the 
  1.24  council undertakes a project.  Any municipality or county, and 
  1.25  the governing bodies of any municipality or county, within and 
  1.26  for which the council undertakes a project shall have all the 
  2.1   powers, authority and obligations granted to municipalities and 
  2.2   counties by the provisions of sections 469.001 to 469.047 and 
  2.3   all other laws relating to housing and redevelopment 
  2.4   authorities.  The council may plan and propose projects within 
  2.5   the boundaries of any municipality, and may otherwise exercise 
  2.6   the powers of an authority at any time; provided, however, that 
  2.7   the council shall not implement any housing project, housing 
  2.8   development project, redevelopment project or urban renewal 
  2.9   project within the boundaries of any municipality or county 
  2.10  without the prior approval of the governing body of the 
  2.11  municipality or county in which any such project is to be 
  2.12  located; and provided further that the council shall not propose 
  2.13  any project to the governing body of a municipality or county 
  2.14  having an active authority created pursuant to section 469.003, 
  2.15  or pursuant to special legislation, without first submitting the 
  2.16  proposed project to the municipal or county authority for its 
  2.17  review and recommendations; and provided further that as to any 
  2.18  project proposed by the council and approved by the municipality 
  2.19  or county, the council shall not undertake the project if within 
  2.20  60 days after it has been proposed, the municipality or county 
  2.21  agrees to undertake the project.  Notwithstanding section 
  2.22  469.012, subdivision 3, the council may plan and administer a 
  2.23  section 8 program in the metropolitan area without the approval 
  2.24  of the governing body of the local governmental unit or housing 
  2.25  and redevelopment authority in whose jurisdiction the program is 
  2.26  operated.  The council shall not operate a section 8 program in 
  2.27  the jurisdiction of a local governmental unit or housing and 
  2.28  redevelopment authority in the metropolitan area which was 
  2.29  operating its own section 8 program under a separate annual 
  2.30  contributions contract with the Department of Housing and Urban 
  2.31  Development on January 1, 1990, provided that the council may 
  2.32  continue to operate or administer a section 8 program within 
  2.33  such jurisdictions until the council completes an orderly 
  2.34  transfer of its section 8 program responsibilities in such 
  2.35  jurisdictions under the provisions of section 471.59, or any 
  2.36  other appropriate law providing for joint or cooperative action 
  3.1   between governmental units.  For purposes of this subdivision, 
  3.2   "section 8 program" has the meaning given it in section 469.002, 
  3.3   subdivision 24.  For the purposes of this subdivision, "annual 
  3.4   contributions contract" has the meaning given it in United 
  3.5   States Code, title 42, section 1437f, and implementing federal 
  3.6   regulations.  All plans and projects of the council shall be 
  3.7   consistent with the comprehensive development guide. 
  3.8      Sec. 2.  [APPLICATION.] 
  3.9      Section 1 applies to the counties of Anoka, Carver, Dakota, 
  3.10  Hennepin, Ramsey, Scott, and Washington. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     Sections 1 and 2 are effective the day following final 
  3.13  enactment.