2007 Minnesota Statutes

469.005 AREA OF OPERATION.
    Subdivision 1. County and multicounty authorities. The area of operation of a county
authority shall include all of the county for which it is created, and in case of a multicounty
authority, it shall include all of the political subdivisions for which the multicounty authority is
created; provided, that a county authority or a multicounty authority shall not undertake any
project within the boundaries of any city which has not empowered the authority to function
therein as provided in section 469.004 unless a resolution has been adopted by the governing body
of the city, and by any authority which has been established in the city, declaring that there is a
need for the county or multicounty authority to exercise its powers in the city. A resolution is not
required for the operation of a Section 8 program or a public housing scattered site project.
    Subd. 2. Multicounty authorities; increase or decrease. The area of operation of a
multicounty authority shall be increased to include one or more additional political subdivisions
not already within a multicounty authority if the governing body of the additional political
subdivision makes the findings required by section 469.004 and if the political subdivisions then
included in the area of operation of the multicounty authority and the commissioners of the
multicounty authority adopt a resolution declaring that the multicounty authority would be a
more effective, efficient or economical administrative unit to carry out the purposes of sections
469.001 to 469.047 if the area of operation of the multicounty authority were increased to include
the additional political subdivision.
The area of operation of a multicounty authority may be decreased to exclude one or more
political subdivisions from the area if the governing body of each of the political subdivisions in
the area and the commissioners of the multicounty authority each adopt a resolution declaring
that there is a need for excluding the political subdivision from the area. No such action may be
taken if the multicounty authority has outstanding any bonds involving a housing project in the
political subdivision to be excluded unless all holders of the bonds consent in writing to the
action. If the action decreases the area of operation of the multicounty authority to only one
political subdivision, the authority shall become a housing and redevelopment authority for that
county or city in the same manner as though the authority were initially created by and authorized
to exercise its powers in that county or city, and the commissioners of that authority shall be
appointed as provided for the appointment of commissioners of a housing and redevelopment
authority created for a county or a city.
The governing body of each of the political subdivisions in the area of operation of the
multicounty authority and the commissioners of the multicounty authority shall adopt a resolution
declaring that there is a need for excluding a political subdivision from the area if:
(1) each governing body of the political subdivisions to remain in the area of operation of
the multicounty authority and the commissioners of the multicounty authority find that, because
of facts arising or determined subsequent to the time when the area first included the political
subdivision to be excluded, the multicounty authority would be a more effective, efficient or
economical administrative unit for the purposes of sections 469.001 to 469.047 if the political
subdivision were excluded from the area; and
(2) the governing body of the political subdivision to be excluded and the commissioners
of the multicounty authority each find that, because of those changed facts, the purposes of
sections 469.001 to 469.047 could be carried out more efficiently or economically in the political
subdivision if the area of operation of the multicounty authority did not include the political
subdivision.
    Subd. 3. Public hearing; notice; publication; resolution. The governing body of a political
subdivision shall not adopt any resolution authorized by this section and section 469.004 unless a
public hearing has been held. The clerk of the political subdivision shall give notice of the time,
place, and purpose of the public hearing not less than ten days nor more than 30 days prior to
the day on which the hearing is to be held, in a manner appropriate to inform the public. Upon
the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents
of the political subdivision and to all other interested persons.
    Subd. 4. Continuation of active city authorities. Active city authorities established on or
before June 30, 1971, will continue to function and operate under the provisions of sections
469.001 to 469.047. An "active city authority" means an authority that (1) has been legally
formulated and a resolution for which has been filed with the commissioner of employment and
economic development and (2) has an active program or proof of an application for a public
housing or redevelopment program received by the federal government on or before June 30, 1971.
History: 1987 c 291 s 5; 1987 c 312 art 1 s 26 subd 2; 1990 c 532 s 5; 1990 c 612 s 8; 1993
c 320 s 1; 2004 c 206 s 52