Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 710-S.F.No. 1618 
           An act relating to armories; increasing the limit on 
          bonded indebtedness; amending Minnesota Statutes 1986, 
          section 193.143. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 193.143, is 
amended to read:  
    193.143 [STATE ARMORY BUILDING COMMISSION, POWERS.] 
    Such corporation, subject to the conditions and limitations 
prescribed in sections 193.141 to 193.149, shall possess all the 
powers of a body corporate necessary and convenient to 
accomplish the objectives and perform the duties prescribed by 
sections 193.141 to 193.149, including the following, which 
shall not be construed as a limitation upon the general powers 
hereby conferred: 
    (1) To acquire by lease, purchase, gift or condemnation 
proceedings all necessary right, title and interest in and to 
the lands required for a site for a new armory and all other 
real or personal property required for the purposes contemplated 
by the military code and to hold and dispose of the same, 
subject to the conditions and limitations herein prescribed; 
provided that any such real or personal property or interest 
therein may be so acquired or accepted subject to any condition 
which may be imposed thereon by the grantor or donor and agreed 
to by such corporation not inconsistent with the proper use of 
such property by the state for armory or military purposes as 
herein provided. 
    (2) To exercise the right of eminent domain in the manner 
provided by chapter 117, for the purpose of acquiring any 
property which such corporation is herein authorized to acquire 
by condemnation; provided, that the corporation may take 
possession of any such property so to be acquired at any time 
after the filing of the petition describing the same in 
condemnation proceedings; provided further, that this shall not 
preclude the corporation from abandoning the condemnation of any 
such property in any case where possession thereof has not been 
taken. 
    (3) To construct and equip new armories as authorized 
herein; to pay therefor out of the funds obtained as hereinafter 
provided and to hold, manage, and dispose of such armory, 
equipment, and site as hereinafter provided.  The total amount 
of bonds issued on account of such armories shall not exceed the 
amount of the cost thereof; provided also, that the total bonded 
indebtedness of the commission shall not at any time exceed the 
aggregate sum of $4,500,000 $7,000,000. 
    (4) To sue and be sued. 
    (5) To contract and be contracted with in any matter 
connected with any purpose or activity within the powers of such 
corporations as herein specified; provided, that no officer or 
member of such corporation shall be personally interested, 
directly or indirectly, in any contract in which such 
corporation is interested. 
    (6) To employ any and all professional and nonprofessional 
services and all agents, employees, workers and servants 
necessary and proper for the purposes and activities of such 
corporation as authorized or contemplated herein and to pay for 
the same out of any portion of the income of the corporation 
available for such purposes or activities.  The officers and 
members of such corporation shall not receive any compensation 
therefrom, but may receive their reasonable and necessary 
expenses incurred in connection with the performance of their 
duties; provided however, that whenever the duties of any member 
of the commission require full time and attention the commission 
may compensate the member therefor at such rates as it may 
determine. 
    (7) To borrow money and issue bonds for the purposes and in 
the manner and within the limitations herein specified, and to 
pledge any and all property and income of such corporation 
acquired or received as herein provided to secure the payment of 
such bonds, subject to the provisions and limitations herein 
prescribed, and to redeem any such bonds if so provided therein 
or in the mortgage or trust deed accompanying the same. 
    (8) To use for the following purposes any available moneys 
received by such corporation from any source as herein provided 
in excess of those required for the payment of the cost of such 
armory and for the payment of any bonds issued by the 
corporation and interest thereon according to the terms of such 
bonds or of any mortgage or trust deed accompanying the same: 
    (a) To pay the necessary incidental expenses of carrying on 
the business and activities of the corporation as herein 
authorized; 
    (b) To pay the cost of operating, maintaining, repairing, 
and improving such new armories; 
    (c) If any further excess moneys remain, to purchase upon 
the open market at or above or below the face or par value 
thereof any bonds issued by the corporation as herein 
authorized; provided, that any bonds so purchased shall 
thereupon be canceled. 
    (9) To adopt and use a corporate seal. 
    (10) To adopt all needful bylaws and rules for the conduct 
of business and affairs of such corporation and for the 
management and use of all armories while under the ownership and 
control of such corporation as herein provided, not inconsistent 
with the use of such armory for armory or military purposes. 
    (11) Such corporation shall issue no stock. 
    (12) No officer or member of such corporation shall have 
any personal share or interest in any funds or property of the 
corporation or be subject to any personal liability by reason of 
any liability of the corporation. 
    (13) The Minnesota state armory building commission created 
under section 193.142 shall keep all moneys and credits received 
by it as a single fund, to be designated as the "Minnesota state 
armory building commission fund," with separate accounts for 
each armory; and the commission may make transfers of moneys 
from funds appertaining to any armory under its control for use 
for any other such armory; provided such transfers shall be made 
only from moneys on hand, from time to time, in excess of the 
amounts required to meet payments of interest or principal on 
bonds or other obligations appertaining to the armory to which 
such funds pertain and only when necessary to pay expenses of 
operation, maintenance and debt service of such other armory; 
provided further, no such transfer of any moneys paid for the 
support of any armory by the municipality in which such armory 
is situated shall be made by the commission. 
    (14) The corporation created under section 193.142 may 
designate one or more state or national banks as depositories of 
its funds, and may provide, upon such conditions as the 
corporation may determine, that the treasurer of the corporation 
shall be exempt from personal liability for loss of funds 
deposited in any such depository due to the insolvency or other 
acts or omissions of such depository. 
    (15) The governor is empowered to apply for grants of 
money, equipment and materials which may be made available to 
the states by the federal government for leasing, building and 
equipping armories for the use of the military forces of the 
state which are reserve components of the armed forces of the 
United States, whenever the governor is satisfied that the 
conditions under which such grants are offered by the federal 
government, are for the best interests of the state and are not 
inconsistent with the laws of the state relating to armories, 
and to accept such grants in the name of the state.  The 
Minnesota state armory building commission is designated as the 
agency of the state to receive such grants and to use them for 
armory purposes as prescribed in this chapter, and by federal 
laws, and regulations not inconsistent therewith. 
     Sec. 2. [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Approved May 4, 1988