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City of Mountain Iron, Minnesota



Resolution 18-04 Creation of EDA

RESOLUTION NUMBER 18-04

ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF MOUNTAIN IRON

BE IT RESOLVED BY THE CITY COUNCIL OF MOUNTAIN IRON, MINNESOTA, as follows:

Section 1. Findings.

1.01 The City of Mountain Iron (the “City”) is authorized generally by Minnesota Statutes Chapter 469 (“the Act”) and specifically by Minnesota Statutes �469.091 to establish an Economic Development Authority pursuant to the provisions of Minnesota Statutes �469.090 to �469.108.

1.02 The City desires to encourage, attract, promote and develop economically sound industry and commence within the City for the prevention and reduction of unemployment of its citizens.

1.03 The encouragement and financial support of economic development and redevelopment within the City is vital to the orderly development and financial health of the city, and is in the best interests of the health, safety, prosperity and welfare of the citizens of the city.

1.04 The City Council finds the accomplishment of the foregoing purposes and ends which are in the best interests of and vital to the citizens of the City can be best accomplished by the creation of an Economic Development Authority (“EDA”) pursuant to the Act.

1.05 The City Council has, in accordance with Minn. Stat. �469.093, provided public notice and conducted a public hearing on April 19, 2004 concerning the establishment of and EDA for the City, at which hearing all persons wishing to express their views were given an opportunity to be heard on the proposal to establish an EDA.

Section 2. Enabling Resolution.

2.01 Creation. The Economic Development Authority of the City of Mt. Iron (“the Authority”) is hereby created and established, and hereafter it shall be known as the “Mt. Iron Economic Development Authority.”

2.02 Members; Appointment; Terms. The Authority shall consist of seven (7) members who shall be appointed by the Mayor with the approval of the City Council. Those persons initially appointed shall be appointed for terms of one, two, three, four, and five years, respectively, and two members shall be appointed for six years. Thereafter, all members shall be appointed for six-year terms. At all times, two members of the Authority shall be members of the City Council. It is recommended, but not required, that one of the members of the Authority also be a member of the City Planning and Zoning Board. The term of any member of the Authority who is a City Councilor shall not extend beyond that member�s term of office as a member of the City Council, and a vacancy in the membership of the Authority shall automatically arise and exist when the elected term of office of a City Council member of the Authority ends, or when such person dies, resigns, or is removed from the office of City Councilor.

2.03 Powers and Duties of the Authority. Except as specifically limited by this Resolution, the Authority shall have all of the powers, authority, responsibilities, and duties set forth in the Act, as it may be amended from time to time, and all other applicable laws, including but not limited to the following powers, authority, responsibilities, and duties:

The powers and duties of a Housing and Redevelopment Authority pursuant to �469.001 to �469.047 of the Act;

The powers and duties of a City Council under �469.124 to �469.134, subject to the limitation set forth in Section 1.04(g);

The authority may contract for services of consultants, agents, public accountants, and other persons needed to perform its duties and exercise its powers. 

The Authority may use the services of the City Attorney for its legal needs.

The Authority may purchase the supplies and materials it needs to carry out its duties. 

The Authority may create and define the boundaries of economic development districts as authorized by the Act. 

The Authority may be a limited partner in a partnership whose purpose is consistent with the Authority�s purpose. 

The Authority may issue general obligation bonds and revenue bonds when authorized by the City Council and pledge as security for the bonds the full faith, credit, and resources of the City or such revenues as may be generated by projects undertaken by the Authority.

The Authority may cooperate with or act as agent for the federal or state government or a state public body, or an agency or instrumentality of a government or other public body to carry out the powers granted it by the Act of any other related federal, state or local law in the area of economic development district improvement. 

The Authority may study and analyze community development needs in the City and ways to meet those needs. 

The Authority may join an official, industrial, commercial, or trade association, or other organization concerned with such purposes, hold receptions of officials who may contribute to advancing the City and its community development, and carry out other appropriate public relations activities to promote the City and its community development. 

The Authority may carry out the law on economic development districts to develop and improve the lands in an economic development district to make it suitable and available for community development uses and purposes. In general, with respect to an economic development district, the Authority may use all of the powers given an economic development authority by law. (By means of example and not to limit the powers given to the Authority by law, see those powers listed at MSA 469.101).

2.04 Limitations of Power. The power and actions of the Authority shall be limited as follows:

Except when previously pledged by the Authority, the city council may by resolution require the authority to transfer any portion of the reserves generated by activities of the Authority that the city council determines is not necessary for the successful operation of the Authority to the debt service fund of the city, to be used solely to reduce tax levies for bonded indebtedness of the city;

The sale of all bonds or obligations issued by the Authority must be approved by the city council before issuance;

The authority must follow the budget process for city departments as provided by the city and as implemented by the city council and mayor;

All official actions of the authority must be consistent with the adopted comprehensive plan of the city, and any official controls implementing the comprehensive plan;

The Authority must submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the city council for approval;

The authority must submit its administrative structure and management practices to the city council for approval; 

The Authority may not exercise any specific powers contained in �469.124 to �469.134 without the prior express approval of the City Council;

The Authority must submit its land sale and utility installation policy to the City Council for approval;

The Authority must develop annual goals and plans for development and redevelopment within the City and shall submit those plans to the City Council for its review and approval, and any substantial additions or variations from the annual development plans approved by the Council must be timely submitted to the Council for review and approval;

The Authority shall propose and adopt bylaws to govern its procedures, which bylaws and any amendments thereto which might be adopted from time to time by the Authority, must be approved by the City Council before they shall be effective; and,

Except as expressly otherwise approved by the City Council, the City�s administrative, managerial, and personnel practices, rules, and policies shall apply to the Authority and its employees.

2.05 No Impairment of Existing Obligations. As provided for in �469.092, nothing herein nor any activities of the Authority shall be construed to impair the existing obligations of the City or its Housing and Redevelopment Authority under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City or its Housing and Redevelopment Authority.

2.06 Obligations. The Authority must fulfill all of the obligations set forth at �469.100 of the Act.

Section 3. Implementation. 

3.01 Officers Authorized to Act. The Mayor, City Council, City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution.

3.02 Reservation of Authority to Amend. The City Council reserves the authority to adopt such ordinances and further resolutions as are required or may permitted by the Act to give full effect to this resolution, and to modify this resolution (and the authority granted and limitations set forth herein) as it may from time to time deem appropriate or necessary. Nothing herein is intended or shall be construed to prevent the City Council from modifying this enabling resolution to impose new or different limitations upon the Authority as authorized by the Act or to grant additional powers to the Authority as authorized by the Act.

3.03 Severability. If any section, subsection, or part of this Resolution shall be held unconstitutional or void, the remaining provisions shall nonetheless remain in full force and effect.

3.04 Effective Date. This Resolution shall take effect immediately upon its adoption.

DULY ADOPTED BY THE CITY COUNCIL THIS 19th DAY OF APRIL, 2004.

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