Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 177-S.F.No. 904 
           An act relating to local government; granting the 
          cities of Red Wing and Hastings the authority to 
          establish a port authority; authorizing each port 
          authority to exercise the power of a municipal housing 
          and redevelopment authority; authorizing the cities to 
          impose restrictions and limitations upon the powers 
          and procedures of the port authority; permitting each 
          city to choose the name of the port authority; 
          providing for removal of port authority commissioners; 
          requiring local approval. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [PORT AUTHORITY.] 
    The city of Red Wing and the city of Hastings may, by 
adoption of an enabling resolution in compliance with the 
procedural requirements of section 3, each establish a port 
authority commission that, subject to the provisions of section 
2, has the same powers as a port authority established under 
Minnesota Statutes, section 458.09, or other law, and a housing 
and redevelopment authority established under Minnesota 
Statutes, chapter 462, or other law, and shall constitute an 
"agency" that may administer one or more municipal development 
districts under Minnesota Statutes, section 472A.10.  If a city 
establishes a port authority commission under this section, that 
city shall exercise all the powers relating to a port authority 
granted to any city by Minnesota Statutes, chapter 458, or other 
law, and all powers relating to a housing and redevelopment 
authority granted to any city by Minnesota Statutes, chapter 
462, or other law. 
    Sec. 2.  [LIMITATION OF POWERS.] 
    (a) The enabling resolution may impose the following 
limitations upon the actions of the port authority: 
    (1) that the port authority shall not exercise any 
specified powers contained in Minnesota Statutes, chapters 458 
and 462, or that the port authority shall not exercise any 
powers without the prior approval of the city council; 
    (2) that, except when previously pledged by the port 
authority, the city council may, by resolution, require the port 
authority to transfer any portion of the reserves generated by 
activities of the port authority which the city council 
determines is not necessary for the successful operation of the 
port authority, to the city general fund, to be used for any 
general purpose of the city; 
    (3) that the sale of all bonds or obligations issued by the 
port authority be approved by the city council before issuance; 
    (4) that the port authority follow the budget process for 
city departments as provided by the city and as implemented by 
the city council and mayor; 
    (5) that all official actions of the port authority must be 
consistent with the adopted comprehensive plan of the city, and 
any official controls implementing the comprehensive plan; 
    (6) that the port authority submit to the city council for 
approval by resolution any proposed project as defined in 
Minnesota Statutes, section 273.73, subdivision 8; 
    (7) that the port authority submit all planned activities 
for influencing the action of any other governmental agency, 
subdivision, or body to the city council for approval; 
    (8) that the port authority submit its administrative 
structure and management practices to the city council for 
approval; and 
    (9) any other limitation or control established by the city 
council by the enabling resolution. 
    (b) The enabling resolution may be modified at any time, 
subject to clause (e), and provided that any modification is 
made in accordance with the procedural requirements of section 3.
    (c) Without limiting the right of the port authority to 
petition the city council at any time, each year, within 60 days 
of the anniversary date of the initial adoption of the enabling 
resolution, the port authority shall submit to the city council 
a report stating whether and how the enabling resolution should 
be modified.  Within 30 days of receipt of the recommendation, 
the city council shall review the enabling resolution, consider 
the recommendations of the port authority, and make any 
modification it considers appropriate; provided that any 
modification shall be made in accordance with the procedural 
requirements of section 3. 
    (d) A determination by the city council that the 
limitations imposed under this section have been complied with 
by the port authority shall be conclusive. 
    (e) Limitations imposed under this section must not be 
applied in a manner which impairs the security of any bonds 
issued or contracts executed prior to the imposition of the 
limitation.  The city council shall not modify any limitations 
in effect at the time any bonds or obligations are issued or 
contracts executed to the detriment of the holder of the bonds 
or obligations or any contracting party. 
    Sec. 3.  [PROCEDURAL REQUIREMENT.] 
    (a) The creation of a port authority by the city of Red 
Wing or the city of Hastings must be by written resolution known 
as the enabling resolution.  Prior to adoption of the enabling 
resolution, the city council shall conduct a public hearing.  
Notice of the time and place of hearing, a statement of the 
purpose of the hearing, and a summary of the resolution must be 
published in a newspaper of general circulation within the city 
once a week for two consecutive weeks.  The first publication 
must appear not more than 30 days from the date of the public 
hearing. 
    (b) All modifications to the enabling resolution must be by 
written resolution and must be adopted after notice is given and 
a public hearing conducted as required for the original adoption 
of the enabling resolution. 
    Sec. 4.  [NAME.] 
    Notwithstanding Minnesota Statutes, section 458.09, 
subdivision 1, or other law, the city may choose the name of the 
commission. 
    Sec. 5.  [REMOVAL OF COMMISSIONERS FOR CAUSE.] 
    A commissioner of the port authority may be removed by the 
city council for inefficiency, neglect of duty, or misconduct in 
office.  A commissioner shall be removed only after a hearing.  
A copy of the charges must be given to the commissioner at least 
ten days before the hearing.  The commissioner must be given an 
opportunity to be heard in person or by counsel at the hearing.  
When written charges have been submitted against a commissioner, 
the city council may temporarily suspend the commissioner.  If 
the city council finds that those charges have not been 
substantiated, the commissioner shall be immediately 
reinstated.  If a commissioner is removed, a record of the 
proceedings, together with the charges and findings, shall be 
filed in the office of the city clerk. 
    Sec. 6.  [LOCAL APPROVAL.] 
    This act is effective for the city of Red Wing the day 
after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the governing body of the city of Red Wing. 
    This act is effective for the city of Hastings the day 
after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the governing body of the city of Hastings. 
    Approved May 21, 1985