Key: (1) language to be deleted (2) new language
CHAPTER 112-H.F.No. 565
An act relating to metropolitan area housing;
authorizing the metropolitan council to operate a
federal section 8 housing program within the
metropolitan area pursuant to joint exercise of powers
agreements; amending Minnesota Statutes 1994, section
473.195, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 473.195,
subdivision 1, is amended to read:
Subdivision 1. In addition to, and not in limitation of,
all other powers invested in it by law, the council, and the
members thereof, shall have, throughout the metropolitan area,
the same functions, rights, powers, duties, privileges,
immunities and limitations as are provided for housing and
redevelopment authorities created for municipalities, and for
the commissioners of such authorities. The provisions of
sections 469.001 to 469.047 and of all other laws relating to
housing and redevelopment authorities shall be applicable to the
council when functioning as an authority, except as herein
provided or as clearly indicated otherwise from the context of
such laws. Section 469.003 shall have no application to the
council nor to any municipality or county within which the
council undertakes a project. Any municipality or county, and
the governing bodies of any municipality or county, within and
for which the council undertakes a project shall have all the
powers, authority and obligations granted to municipalities and
counties by the provisions of sections 469.001 to 469.047 and
all other laws relating to housing and redevelopment
authorities. The council may plan and propose projects within
the boundaries of any municipality, and may otherwise exercise
the powers of an authority at any time; provided, however, that
the council shall not implement any housing project, housing
development project, redevelopment project or urban renewal
project within the boundaries of any municipality or county
without the prior approval of the governing body of the
municipality or county in which any such project is to be
located; and provided further that the council shall not propose
any project to the governing body of a municipality or county
having an active authority created pursuant to section 469.003,
or pursuant to special legislation, without first submitting the
proposed project to the municipal or county authority for its
review and recommendations; and provided further that as to any
project proposed by the council and approved by the municipality
or county, the council shall not undertake the project if within
60 days after it has been proposed, the municipality or county
agrees to undertake the project. Notwithstanding section
469.012, subdivision 3, the council may plan and administer a
section 8 program in the metropolitan area without the approval
of the governing body of the local governmental unit or housing
and redevelopment authority in whose jurisdiction the program is
operated. The council shall not operate a section 8 program in
the jurisdiction of a local governmental unit or housing and
redevelopment authority in the metropolitan area which was
operating its own section 8 program under a separate annual
contributions contract with the Department of Housing and Urban
Development on January 1, 1990, provided that the council may
continue to operate or administer a section 8 program within
such jurisdictions until the council completes an orderly
transfer of its section 8 program responsibilities in such
jurisdictions under the provisions of section 471.59, or any
other appropriate law providing for joint or cooperative action
between governmental units. For purposes of this subdivision,
"section 8 program" has the meaning given it in section 469.002,
subdivision 24. For the purposes of this subdivision, "annual
contributions contract" has the meaning given it in United
States Code, title 42, section 1437f, and implementing federal
regulations. All plans and projects of the council shall be
consistent with the comprehensive development guide.
Sec. 2. [APPLICATION.]
Section 1 applies to the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective the day following final
enactment.
Presented to the governor May 2, 1995
Signed by the governor May 3, 1995, 10:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes