Loading...
HomeMy WebLinkAbout20080915 - VIII-C-2CITY OF HASTINGS VIII-C-2 DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY WITHIN THE CITY OF HASTINGS, MINNESOTA Dated September 15, 2008 Council Member adoption: introduced the following Resolution and moved its BE IT RESOLVED by the City Council of the City of Hastings, Minnesota (the "City"), as follows: SECTION 1: BACKGROUND: FINDINGS 1.1 The City is authorized by Minnesota Statutes, Chapter 469 (Act) to establish a municipal economic development authority to coordinate and administer economic and redevelopment plans and programs of the City. 1.2 The City Council has determined that the encouragement and the financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. 1.3 The City Council has determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an economic development authority as authorized by the Act. 1.4 The City Council has, in accordance with the Act, provided public notice and conducted a public hearing on September i 5, 2008, concerning the establishment of an economic development authority, at which all persons wishing to be heard expressed their views. SECTION Z: ENABLING RESOLUTION 2.1 The City Council hereby establishes an economic development authority within the City to be named the "Hastings Economic Development and Redevelopment Authority" (the "EDA"). The EDA will come into existence and begin to exercise powers on January i, 2009. 2.2 The EDA's governing body shall consist of a total of seven (7) commissioners, two (2) of which shall be members of the City Council All commissioners shall be appointed by the Mayor with the approval of the City Council. Those initially appointed shall be for terms of one, two, three, four and five years, respectively, and two members for six years. Thereafter all commissioners shall be appointed for six year terms. A member may serve two consecutive terms or 12 years whichever comes first. A vacancy is created whenever a commissioner who is a sitting council member leaves the council. A vacancy for this or another reason must be filled for the balance of the unexpired term, in the manner in which the original appointment was made. The City Council may set the terms of the commissioners who are members of the City Council to coincide with their terms of office as members of the City Council. 2.3 The EDA has all powers and duties that ma.y be granted to an economic development authority set forth in Section 469.090 to 469.108 of the Act and any other law, except as limited by this resolution. 2.4 The following limits apply to the EDA and its operation: a. The sale of bonds or other obligations of the EDA must be approved by the City Council. b. The EDA must follow the budget process in accordance with City policies, ordinances and resolutions. The EDA will be treated as a component of the City for financial reporting purposes and the financial management of the EDA will be performed by the City's Finance Department. c. Development and redevelopment actions of the EDA must be in conformance with the City's comprehensive plan and all other controls implementing the comprehensive plan. d. The EDA must submit its plans for development and redevelopment to the City Council in accordance with City planning procedures and law e. The administrative structure and management practices of the EDA must be approved by the City Council £ The EDA must obtain City Council approval for acquisition of property for economic development purposes through the use of the powers of eminent domain. g. The EDA must submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval 2.4 As provided in the Act, the City Council intends that nothing in this resolution nor any EDA activities are to be construed to impair the obligations ofthe City or the City's housing and redevelopment authority under any contracts nor to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation previously issued by the City or the City's housing and redevelopment authority. SECTION 3: IlVIPLEMENTATION 3.1 The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this resolution. 3.2 The Mayor, City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents required to give full effect to this resolution. 3.3 Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose any new or different limitations on the EDA as authorized by this Act. Council Member made a second to the foregoing resolution and upon being put to a vote, the following Council Members voted in favor of said Resolution: Ayes: Nays: Absent: Whereupon the Mayor declared the Resolution duly adopted by the Hastings City Council. ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee, City Clerk CERTIFICATION Melanie Mesko Lee, City Clerk of the City of Hastings does hereby certify the foregoing resolution is a true and correct copy of the Resolution that was duly adopted at a regular meeting of the City Council of the City of Hastings held September 15, 2008. Melanie Mesko Lee, City Clerk (seal)