Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 190--H.F.No. 749
           An act relating to the city of Fergus Falls; 
          authorizing the city to issue general obligations to 
          finance a solid waste disposal facility. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [FERGUS FALLS; SOLID WASTE FACILITY; BONDS.] 
    The city of Fergus Falls in Otter Tail county may issue and 
sell general obligations to provide funds to finance the 
acquisition and betterment of and extensions to and improvements 
of a solid waste disposal facility in the city consisting of 
land, one or more buildings thereon and related equipment.  The 
city may expend funds for the operation and maintenance of the 
facility and may impose reasonable charges for its use.  The 
city may contract with any person or political subdivision to 
provide solid waste disposal services at the facility and to 
sell and dispose of by-products of the facility.  
    Sec. 2.  [BONDS; SECURITY.] 
    General obligations issued under section 1 shall be issued 
and sold in accordance with Minnesota Statutes, chapter 475. 
The obligations may be payable from net revenues of the 
facility, from any other nontax revenues pledged for their 
payment under charter or other statutory authority, from ad 
valorem taxes or from any two or more of those sources, but ad 
valorem taxes may be used only on a temporary basis to pay 
obligations when other revenues are insufficient to meet the 
obligations.  All rates, charges, and revenues of the facility 
from whatever source including the sale of the facility or any 
portion of it, or its equipment or by-products shall be placed 
in a special fund and used first to pay the normal, reasonable, 
and current costs of operating and maintaining the facility. 
The net revenues received from time to time in excess of the 
costs may be pledged by resolution of the city council, or may 
be used though not pledged, to pay principal and interest on the 
obligations, or to pay a portion of the principal and interest 
as directed in the resolution.  In the resolution authorizing 
the issuance of the obligations and pledging net revenues, the 
city council may make covenants for the protection of holders of 
the obligations and taxpayers of the city as it deems necessary, 
including but without limitation, a covenant that the city will 
impose and collect charges and contract payments of the nature 
authorized in this act at the times and in the amounts required 
to produce, together with any taxes or other revenues designated 
as a primary source of payment of the obligations, net revenues 
adequate to pay all principal and interest when due on the 
obligations, and to maintain reserves securing payments as 
provided in the resolution.  When such a covenant is made, it 
shall be enforceable by appropriate action on the part of any 
holder of the obligations or any taxpayer of the city in a court 
of competent jurisdiction and the obligations shall be deemed to 
be payable wholly from the income of a revenue-producing 
convenience within the meaning of Minnesota Statutes, sections 
475.51 and 475.58.  
    Sec. 3.  [POWERS; SUPPLEMENTARY.] 
    The powers and authority granted to the city by this act 
are supplementary to and not in substitution for any other power 
granted to the city by law or charter.  
    Sec. 4.  [LEASES.] 
    If the city awards contracts for the purchase and 
installation of solid waste disposal equipment prior to August 
1, 1983, in accordance with Minnesota Statutes, section 471.345, 
and subsequent to such award determines to acquire such 
equipment by lease as provided in Minnesota Statutes, section 
465.71, such award shall be deemed to comply with the provisions 
of sections 465.71 and 471.345.  
    Sec. 5.  [EFFECTIVE DATE.] 
    If approved by resolution of the city council of the city 
of Fergus Falls, this act is effective the day after compliance 
with the provisions of Minnesota Statutes, section 645.021, 
subdivision 3.  
    Approved May 19, 1983