Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 309--S.F.No. 554
           An act relating to local government; providing for the 
          appointment of commissioners of multi-county 
          authorities; permitting all council members of the 
          city of Marshall to serve on the housing and 
          redevelopment authority; establishing a public housing 
          commission for the city of Marshall; transferring 
          functions from the housing and redevelopment 
          authority; amending Minnesota Statutes 1982, section 
          462.428, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 462.428, 
subdivision 2, is amended to read: 
    Subd. 2.  [MULTI-COUNTY COMMISSIONERS.] The governing body 
in the case of a county, and the mayor with the approval of the 
governing body in the case of a municipality, of each political 
subdivision included in a multi-county authority shall appoint 
one person as a commissioner of such the authority.  Each such 
commissioner to be first appointed may be appointed at or after 
the time of the adoption of the resolution declaring the need 
for such multi-county the authority or declaring the need for 
the inclusion of such the political subdivision in the area of 
operation of such multi-county the authority. 
     In the case of a multi-county authority comprising only two 
or three political subdivisions, the commissioners appointed by 
the appointing authorities of the two participating political 
subdivisions shall each appoint one additional commissioner, and 
his successors, whose term of office shall be as herein provided 
for a commissioner of a multi-county authority.  If the area of 
operation of such multi-county number of participants in the 
authority is increased to more than three due to the subsequent 
addition to the multi-county authority of one or more political 
subdivisions, the appointment made by the appointments of 
additional commissioners under the foregoing provisions 
provision shall be vacated.  
     When the area of operation of a multi-county authority is 
increased to include an additional political subdivision or 
subdivisions as provided above, the appointing authority of each 
such additional political subdivision shall thereupon appoint 
one additional person as a commissioner or, if appropriate, two 
commissioners of the multi-county authority.  The appointing 
authority of each political subdivision shall appoint the 
successors of the commissioner appointed by it.  The 
commissioners of a multi-county authority shall be appointed for 
terms of five years except that all vacancies shall be filled 
for the unexpired terms. 
    Sec. 2.  [MARSHALL HOUSING AND REDEVELOPMENT AUTHORITY.] 
    Notwithstanding the limitations of the number of housing 
and redevelopment commissioners provided by Minnesota Statutes, 
section 462.425, subdivisions 5 and 6, all the members of the 
governing body of the city of Marshall may serve as 
commissioners of the Marshall housing and redevelopment 
authority at the same time.  
    Sec. 3.  [MARSHALL HOUSING COMMISSION CREATED.] 
    There is hereby created the public housing commission of 
the city of Marshall to administer all federal funded housing 
programs authorized by the United States Housing Act of 1937. 
The commission shall consist of five commissioners who shall be 
residents of the city.  The commissioner shall be appointed by 
the mayor, with the approval of the governing body.  Those 
initially appointed shall be appointed for terms of one, two, 
three, four, and five years, respectively.  Thereafter all 
commissioners shall be appointed for five-year terms.  Each 
vacancy in an unexpired term shall be filled in the same manner 
in which the original appointment was made.  
    Sec. 4.  [POWERS AND DUTIES.] 
    Except as provided section 5, the public housing commission 
shall have the powers necessary to carry out the purposes of 
Minnesota Statutes, section 462.415 to 462.581 and to provide 
and manage housing facilities and services for persons of low 
and moderate income, including the power:  
    (1) To sue and be sued; to have perpetual succession; and 
to make, amend and repeal rules not inconsistent with law or 
city ordinance.  
    (2) To employ necessary officers, agents and employees, 
both permanent and temporary, to designate their qualifications, 
duties and compensation, and to accept transfer of housing 
employees from the housing and redevelopment authority of the 
city of Marshall.  
    (3) To lease, construct, reconstruct, purchase, repair, 
maintain, administer, and operate existing and future public 
housing facilities, and programs providing housing and services 
to persons of low and moderate income.  
     (4) The commission shall succeed to and have all the 
rights, duties, titles and obligations acquired or incurred 
prior to the effective date of this act by the housing and 
redevelopment authority of the city of Marshall relating to the 
provisions for and administration of the housing program 
undertaken by that authority authorized by the United States 
Housing Act of 1937.  Specifically, all contracts, debts, 
obligations, affecting employees transferred from the housing 
and redevelopment authority of the city of Marshall prior to the 
effective date of this act relating to the authority's housing 
program shall be assumed and performed by the public housing 
commission and shall not be impaired by the adoption of sections 
3 to 5. 
    Sec. 5.  [LIMITATIONS.] 
     Notwithstanding the provisions of any other law, the 
commission shall not have the power: 
     (1) To levy and collect taxes or special assessments with 
respect to any existing or future public housing. 
     (2) To make any final determination, by rule or otherwise, 
or to expend any funds or incur any obligations with respect to 
or for the purpose of any construction, reconstruction, 
purchase, site selection, site acquisition, clearance and 
preparation, or determination of need for public housing without 
approval by the city council.  
    (3) To enact any rule or regulation, perform any act, 
expend any funds or incur any obligation inconsistent with law 
or city ordinance.  
    Sec. 6.  [LOCAL APPROVAL.] 
    Sections 2 to 5 take effect the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Marshall. 
    Approved June 9, 1983