SF 2589

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; the city of Alexandria 
  1.3             and the townships of Alexandria, Carlos, Hudson, and 
  1.4             La Grand in Douglas county; establishing the lakes 
  1.5             area economic development authority; granting the 
  1.6             powers of an economic development authority; 
  1.7             prescribing its duties and powers. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [LEGISLATIVE PURPOSE AND POLICY.] 
  1.10     The legislature determines that in the area in and around 
  1.11  the city of Alexandria, there are economic development issues 
  1.12  that can be more effectively dealt with by a single entity on a 
  1.13  coordinated basis rather than by multiple existing government 
  1.14  units.  The legislature, therefore, declares that for a 
  1.15  coordinated approach to economic development in the area, it is 
  1.16  necessary to establish for the area an economic development 
  1.17  authority with the responsibility of exercising the powers of an 
  1.18  economic development authority in order to advance the economic 
  1.19  vitality of the area. 
  1.20     Sec. 2.  [DEFINITIONS.] 
  1.21     Subdivision 1.  [DEFINED IN THIS SECTION.] The terms 
  1.22  defined in this section have the meaning given them unless 
  1.23  provided or indicated by the context. 
  1.24     Subd. 2.  [LAKES AREA ECONOMIC DEVELOPMENT 
  1.25  AUTHORITY.] "Lakes area economic development authority" or 
  1.26  "authority" means the lakes area economic authority established 
  2.1   as provided in section 3. 
  2.2      Subd. 3.  [PERSON.] "Person" means any individual, 
  2.3   partnership, corporation, cooperative, or other organization or 
  2.4   entity, public or private. 
  2.5      Subd. 4.  [MEMBER.] "Member" means the city of Alexandria 
  2.6   or the townships of Alexandria, Carlos, Hudson, or La Grand, or 
  2.7   any other municipality, the geographic area of which is included 
  2.8   within the jurisdiction of the authority according to section 6. 
  2.9      Subd. 5.  [MUNICIPALITY.] "Municipality" means any city, 
  2.10  village, or town located in whole or in part in Douglas county. 
  2.11     Sec. 3.  [LAKES AREA ECONOMIC DEVELOPMENT AUTHORITY.] 
  2.12     Subdivision 1.  [ESTABLISHMENT.] A lakes area economic 
  2.13  development authority with jurisdiction over the geographic area 
  2.14  of its members is established as a public corporation and 
  2.15  political subdivision of the state with perpetual succession and 
  2.16  all the rights, powers, privileges, immunities, and duties that 
  2.17  may be validly granted to or imposed upon a municipal 
  2.18  corporation, as provided in this act. 
  2.19     Subd. 2.  [COMMISSIONERS.] The number of commissioners on 
  2.20  the board of commissioners of the authority and the method by 
  2.21  which they are selected shall be determined as follows:  the 
  2.22  elected chief executive of each member shall select one 
  2.23  commissioner, subject to the approval of the commissioner by the 
  2.24  governing body of such member.  The term of each commissioner 
  2.25  shall be established as provided in subdivision 5. 
  2.26     Subd. 3.  [TIME LIMITS FOR SELECTION, ALTERNATIVE 
  2.27  APPOINTMENT BY DISTRICT JUDGE.] The commissioners shall be 
  2.28  selected as provided in subdivision 2 no later than 60 days 
  2.29  after this act becomes effective.  The successor to each 
  2.30  commissioner must be selected at any time within 60 days before 
  2.31  the expiration of a term in the same manner as the predecessor 
  2.32  was selected.  Any vacancy on the board shall be filled within 
  2.33  60 days after it occurs.  If any selection is not made within 
  2.34  the prescribed time, the chief judge of the seventh judicial 
  2.35  district of the Minnesota district court on application by any 
  2.36  interested person shall forthwith appoint an eligible person to 
  3.1   the board with like effect as if the selection were made as 
  3.2   provided otherwise in this act. 
  3.3      Subd. 4.  [VACANCIES.] If the office of any commissioner 
  3.4   becomes vacant, the vacancy must be filled for the unexpired 
  3.5   term in a like manner as provided for selection of the 
  3.6   commissioner who vacated the office.  The office must be 
  3.7   considered vacant under the conditions specified in Minnesota 
  3.8   Statutes, section 351.02. 
  3.9      Subd. 5.  [TERMS OF OFFICE.] The initial term of each of 
  3.10  the first board of commissioners is for terms of two, three, 
  3.11  four, five, and six years and shall be established by lot among 
  3.12  the initial five commissioners.  The elected chief executive of 
  3.13  any new member added under section 6 shall designate the term, 
  3.14  not to exceed six years, of the first commissioner selected to 
  3.15  represent the member.  Succeeding terms of all commissioners are 
  3.16  six years, except that each commissioner serves until a 
  3.17  successor has been duly selected and qualified. 
  3.18     Subd. 6.  [REMOVAL.] A commissioner may be removed by the 
  3.19  unanimous vote of the appointing governing body, with or without 
  3.20  cause. 
  3.21     Subd. 7.  [QUALIFICATIONS.] Each commissioner may but need 
  3.22  not need be a resident of the territory of the member appointing 
  3.23  that commissioner. 
  3.24     Subd. 8.  [COMPENSATION.] Each commissioner must be paid a 
  3.25  per diem compensation for attending each regular or special 
  3.26  meeting in an amount determined by the board.  Each commissioner 
  3.27  must be reimbursed for all reasonable expenses incurred in the 
  3.28  performance of their duties as determined by the board. 
  3.29     Sec. 4.  [POWERS; APPLICATION OF EDA LAW.] 
  3.30     Subdivision 1.  [USE OF EDA POWERS.] Except as otherwise 
  3.31  provided in this act, the authority may exercise any of the 
  3.32  powers of an economic development authority (EDA) provided for 
  3.33  in Minnesota Statutes, sections 469.090 to 469.1082, and for 
  3.34  this purpose the term "city" means each or any member, as the 
  3.35  case may be.  Minnesota Statutes, sections 469.096 to 469.101, 
  3.36  469.103 to 469.106, and 469.108 to 469.1081 apply to the 
  4.1   authority, except that the authority's fiscal year is the 
  4.2   calendar year.  
  4.3      Subd. 2.  [LAW THAT IS NOT APPLICABLE.] The provisions in: 
  4.4      (1) Minnesota Statutes, section 469.091, subdivision 1, 
  4.5   expressly relating to: 
  4.6      (i) the adoption of an enabling resolution; 
  4.7      (ii) Minnesota Statutes, section 469.092; or 
  4.8      (iii) housing and redevelopment authorities; and 
  4.9      (2) Minnesota Statutes, sections 469.093, 469.095, and 
  4.10  469.107; 
  4.11  do not apply to the authority. 
  4.12     Sec. 5.  [MEMBERS MUST LEVY TAXES FOR AUTHORITY.] 
  4.13     Each member shall, at the request of the authority, levy a 
  4.14  tax in any year for the benefit of the authority.  The tax 
  4.15  shall, for each member, be a pro rata portion of the total 
  4.16  amount of tax requested by the authority of all members based on 
  4.17  the taxable market value within each member's jurisdiction, but 
  4.18  in no event shall the tax exceed 0.01813 percent of taxable 
  4.19  market value.  The amount levied must be paid to the treasurer 
  4.20  of the authority, to be spent by the authority.  The governing 
  4.21  body of each member shall take all action that may be necessary 
  4.22  to provide the funds required for the payments and to make them 
  4.23  when due. 
  4.24     Sec. 6.  [ADDITION OF MEMBERS.] 
  4.25     Any municipality upon resolution adopted by a four-fifths 
  4.26  vote of all of its governing body may petition the authority to 
  4.27  be included within the jurisdiction of the authority and, if 
  4.28  accepted by the authority, the geographic area of the 
  4.29  municipality must be considered within the jurisdiction of the 
  4.30  authority and subject to the jurisdiction of the authority under 
  4.31  this act. 
  4.32     Sec. 7.  [CONTRACTS WITH NONPROFIT CORPORATIONS.] 
  4.33     The authority may enter into contracts with one or more 
  4.34  nonprofit corporations to make, from funds furnished and under 
  4.35  guidelines set by the authority, loans or grants for projects 
  4.36  the authority may undertake under this act.  Minnesota Statutes, 
  5.1   section 465.719, does not apply so long as the nonprofit 
  5.2   corporation is not described in Minnesota Statutes, section 
  5.3   465.719, subdivision 1, paragraph (b)(i) or (b)(ii). 
  5.4      Sec. 8.  [RELATION TO EXISTING LAWS.] 
  5.5      This act must be given full effect notwithstanding any law 
  5.6   or charter that is inconsistent with this act. 
  5.7      Sec. 9.  [AFFECTED LOCAL GOVERNMENT UNITS.] 
  5.8      The city of Alexandria and the townships of Alexandria, 
  5.9   Carlos, Hudson, and La Grand, in the county of Douglas, are 
  5.10  affected by this act.  Local approval is not required.