HF 1182

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to counties; authorizing county economic 
  1.3             development authorities; proposing coding for new law 
  1.4             in Minnesota Statutes, chapter 469. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [469.1082] [COUNTY ECONOMIC DEVELOPMENT 
  1.7   AUTHORITIES.] 
  1.8      Subdivision 1.  [PRELIMINARY COUNTY FINDINGS AND 
  1.9   DECLARATION.] There may be created in each county in this state, 
  1.10  excluding those counties in which a county economic development 
  1.11  authority has been created or authorized by special act, an 
  1.12  economic development authority of that county, hereinafter 
  1.13  referred to as "county authority."  No county authority shall 
  1.14  transact any business or exercise any powers until authority to 
  1.15  function in the county is granted by the county governing body 
  1.16  by adopting an enabling resolution.  The governing body shall 
  1.17  consider the need for a county authority to function on the 
  1.18  governing body's own motion asserting that there is need for a 
  1.19  county authority to function in the county and requesting that 
  1.20  the governing body so declare.  The governing body shall adopt a 
  1.21  resolution declaring that there is need for a county authority 
  1.22  to function in the county if it makes the findings required in 
  1.23  section 469.093, subdivision 1. 
  1.24     Subd. 2.  [FINDINGS.] The governing body shall make that 
  1.25  declaration if it finds: 
  2.1      (1) that substandard, slum, deteriorated, unused, or 
  2.2   inappropriately used areas exist in the political subdivisions 
  2.3   which cannot be developed without government assistance; and 
  2.4      (2) that a county authority would be an effective, 
  2.5   efficient, or economical administrative unit of the political 
  2.6   subdivision to carry out the purposes of sections 469.090 to 
  2.7   469.109 in the political subdivision. 
  2.8      Subd. 3.  [SUFFICIENCY AND CONCLUSIVENESS OF 
  2.9   RESOLUTION.] When the resolution becomes finally effective, it 
  2.10  shall be deemed sufficient and conclusive for all purposes if it 
  2.11  declares there is need for a county authority and finds in 
  2.12  substantially the terms provided in subdivision 2 that the 
  2.13  conditions described in it exist. 
  2.14     Subd. 4.  [FUNCTION OF AUTHORITY.] A county economic 
  2.15  development authority shall serve, program, develop, and manage 
  2.16  all economic development programs and redevelopment programs 
  2.17  related to the purposes outlined in sections 469.090 to 469.109 
  2.18  under its jurisdiction. 
  2.19     Sec. 2.  [469.1083] [AREA OF OPERATION.] 
  2.20     Subdivision 1.  [COUNTY AUTHORITY.] The area of operation 
  2.21  of a county authority shall include all of the county for which 
  2.22  it is created and all of the political subdivisions for which 
  2.23  the county authority is created, provided that a county 
  2.24  authority may not undertake any project within two miles of the 
  2.25  boundaries of any city which has not empowered the county 
  2.26  authority to function within two miles or less of the city as 
  2.27  provided in sections 469.090 to 469.109 unless a resolution has 
  2.28  been adopted by the governing body of the city, and by any 
  2.29  authority which has been established in the city, declaring that 
  2.30  there is a need for the county authority to exercise its powers 
  2.31  in the city.  The empowering resolution may limit the scope, 
  2.32  type, and number of projects the county authority is allowed to 
  2.33  undertake within two miles of the city.  The governing body of 
  2.34  the city may later adopt a resolution revoking the county 
  2.35  authority's authorization to function within two miles of the 
  2.36  city, provided that the revoking resolution contains provisions 
  3.1   to ensure that ongoing projects are not harmed or disrupted.  
  3.2      Subd. 2.  [PUBLIC HEARING; NOTICE; PUBLICATION; 
  3.3   RESOLUTION.] The governing body of a political subdivision shall 
  3.4   not adopt any resolution authorized by this section and section 
  3.5   469.1082 unless a public hearing has been held.  The clerk of 
  3.6   the political subdivision shall give notice of the time, place, 
  3.7   and purpose of the public hearing not less than ten days nor 
  3.8   more than 30 days prior to the day the hearing is to be held, in 
  3.9   a manner appropriate to inform the public.  On the date fixed 
  3.10  for the public hearing, an opportunity to be heard shall be 
  3.11  granted to all residents of the political subdivision and to all 
  3.12  other interested persons. 
  3.13     Sec. 3.  [469.1084] [APPOINTMENT, QUALIFICATIONS, AND 
  3.14  TENURE OF COUNTY COMMISSIONERS.] 
  3.15     When the governing body of a county adopts an enabling 
  3.16  resolution under section 469.091, the governing body shall 
  3.17  appoint seven persons, two of whom must be members of the 
  3.18  governing body as commissioners of the county authority.  The 
  3.19  membership of the commission shall reflect an areawide 
  3.20  distribution on a representative basis and shall be appointed by 
  3.21  the county commission chair, with the approval of the county 
  3.22  commissioners.  The commissioners who are first appointed shall 
  3.23  be designated to serve for terms of one, two, three, four, and 
  3.24  five years respectively, with two serving six-year terms, from 
  3.25  the date of their appointment.  Thereafter commissioners shall 
  3.26  be appointed for a term of office of six years, except that all 
  3.27  vacancies shall be filled for the unexpired term.  Persons may 
  3.28  be appointed as commissioners if they reside within the 
  3.29  boundaries of the county, and are otherwise eligible under 
  3.30  sections 469.094 to 469.109. 
  3.31     Sec. 4.  [469.1085] [POWERS OF COUNTY AUTHORITIES.] 
  3.32     A county authority and its commissioners shall, within the 
  3.33  area of operation of the authority, have the same functions, 
  3.34  rights, powers, privileges, immunities, and limitations granted 
  3.35  to city economic development authorities under sections 469.090 
  3.36  to 469.109 or other law, including the power to levy a tax as a 
  4.1   special taxing jurisdiction upon approval of the county board of 
  4.2   commissioners.  The provisions of law applicable to economic 
  4.3   development authorities for cities and their commissioners shall 
  4.4   be applicable to county authorities and their commissioners, 
  4.5   except as clearly indicated otherwise. 
  4.6      Sec. 5.  [469.1086] [TRANSFER OF AUTHORITY.] 
  4.7      Upon concurrence with the applicable county or multicounty 
  4.8   housing and redevelopment authority, the county board may, by 
  4.9   ordinance, divide the economic development, housing, and 
  4.10  redevelopment powers granted under sections 469.001 to 469.047 
  4.11  and 469.090 to 469.109 between the county economic development 
  4.12  authority and any other county development authority or county 
  4.13  development commission established under statute or county 
  4.14  charter for economic development, housing, or redevelopment.  
  4.15  The county board may, by ordinance, confer all of the powers of 
  4.16  an economic development authority on a county or multicounty 
  4.17  housing and redevelopment authority.  This authority shall serve 
  4.18  as the county authority. 
  4.19     Sec. 6.  [EFFECTIVE DATE.] 
  4.20     Sections 1 to 5 are effective July 1, 1999.