Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 177-S.F.No. 1164 
           An act relating to local government; permitting the 
          city of Biwabik and the town of White to establish a 
          joint east range economic development authority.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CITY OF BIWABIK, TOWN OF WHITE; ESTABLISHMENT 
OF ECONOMIC DEVELOPMENT AUTHORITY.] 
    A public body corporate and politic, to be known as the 
joint east range economic development authority, is created.  
The authority has all of the powers and duties of an economic 
development authority under Minnesota Statutes, sections 469.091 
to 469.108, except as otherwise provided in this act.  For the 
purposes of sections 1 to 4, "authority" means the joint east 
range economic development authority.  For the purposes of 
applying Minnesota Statutes, sections 469.091 to 469.108, to the 
authority, the city of Biwabik and the town of White each have 
all of the powers and duties of a city, and the White town board 
and the Biwabik city council each have all of the powers and 
duties of a city council, except for bond issuance and tax levy 
purposes as otherwise provided in this act.  The authority may 
exercise all of the powers of an economic development authority, 
including those contained in Minnesota Statutes, section 469.101.
    Sec. 2.  [AREA OF OPERATION.] 
    The area of operation of the authority shall include the 
territory of the city of Biwabik and the town of White.  The 
Biwabik city council must approve any project as defined in 
Minnesota Statutes, section 469.174, subdivision 8, and any 
economic development district as defined in Minnesota Statutes, 
section 469.101, if the project or economic development district 
includes real property within the boundaries of the city of 
Biwabik or includes real property owned by the city of Biwabik.  
The White town board must approve any project as defined in 
Minnesota Statutes, section 469.174, subdivision 8, and any 
economic development district as defined in Minnesota Statutes, 
section 469.101, if the project or economic development district 
includes real property within the boundaries of the town of 
White or includes real property owned by the town of White.  
    Sec. 3.  [COMMISSIONERS.] 
    Subdivision 1.  [APPOINTMENT, TERMS, VACANCIES.] The 
authority shall consist of seven commissioners, three to be 
appointed by the White town board and three by the Biwabik city 
council.  The seventh commissioner shall be appointed by joint 
agreement of a majority of the White town board and a majority 
of the Biwabik city council; the jointly appointed commissioner 
shall serve an initial term of six years.  Those initially 
appointed by the city council shall serve terms of one, three, 
and five years.  Those initially appointed by the town board 
shall serve terms of two, four, and six years.  Thereafter, 
commissioners shall be appointed for six-year terms, except as 
otherwise provided in this subdivision.  Vacancies during a term 
shall be filled for the unexpired term, in the manner in which 
the original appointment was made.  Town of White board members 
and Biwabik city council members may serve as commissioners for 
terms that coincide with the terms of their respective elected 
offices.  
    Subd. 2.  [COMPENSATION, REIMBURSEMENT, REMOVAL.] A 
commissioner appointed by the White town board shall be 
compensated, reimbursed, and may be removed for cause by the 
town board in the manner provided in Minnesota Statutes, section 
469.095.  A commissioner appointed by the Biwabik city council 
shall be compensated, reimbursed, and may be removed for cause 
by the Biwabik city council in the manner provided in Minnesota 
Statutes, section 469.095.  A commissioner appointed jointly by 
the city council and town board may be removed for cause only by 
action of a majority of the city council and a majority of the 
town board.  The city council and town board shall each pay 
one-half of that commissioner's reimbursements and compensation. 
    Sec. 4.  [GENERAL OBLIGATION BONDS.] 
    Subdivision 1.  [ISSUANCE.] The authority may issue general 
obligation bonds as provided in Minnesota Statutes, section 
469.102.  If the bonds are secured by a pledge of the full faith 
and credit of the town of White and are not secured by a pledge 
of the full faith and credit of the city of Biwabik, then for 
the purposes of applying section 469.102 to the issuance of the 
bonds by the authority, the town of White has all the powers and 
duties of a city and the White town board has all of the powers 
and duties of a city council.  If the bonds are secured by a 
pledge of the full faith and credit of the city of Biwabik and 
are not secured by a pledge of the full faith and credit of the 
town of White, then for the purposes of applying section 469.102 
to the issuance of the bonds by the authority, the city of 
Biwabik has all of the powers and duties of a city and the 
Biwabik city council has all of the powers and duties of a city 
council.  If the bonds are secured by a pledge of the full faith 
and credit of the city of Biwabik and the town of White, then 
for the purposes of applying section 469.102 to the issuance of 
the bonds by the authority, the town of White has all of the 
powers and duties of a city and the White town board has all of 
the powers and duties of a city council, and the city of Biwabik 
has all of the powers and duties of a city and the Biwabik city 
council has all of the powers and duties of a city council.  The 
issuance of general obligation bonds secured by a pledge of the 
full faith and credit of the city of Biwabik and the town of 
White must be approved by a two-thirds majority of the White 
town board and must be approved by a two-thirds majority of the 
Biwabik city council.  
    Subd. 2.  [NET DEBT.] If the White town board and the 
Biwabik city council authorize the issuance of general 
obligation bonds by the authority which are secured by the full 
faith and credit of the city of Biwabik and the town of White, 
the bonds shall be divided between the city and the town in the 
proportion that the total assessed valuation of each bears to 
the total assessed valuation of both for the purpose of applying 
the limitation on net debt under chapter 475. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day after compliance by 
the town board of the town of White and the governing body of 
the city of Biwabik with Minnesota Statutes, section 645.021, 
subdivision 3. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 5:05 p.m.