[HISTORY: Adopted by the Council of the City
of Breckenridge as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-21-1986 by Ord. No. 396]
There is hereby created in the City a Port Authority
which, subject to the provisions of this enabling ordinance, shall
have all the powers, duties and responsibilities of any port authority
created pursuant to the Act or other law, a housing and redevelopment
authority created pursuant to the Housing Act or other law and which
shall constitute an "agency" pursuant to the Development Act. It shall
be the role and responsibility of such Port Authority to carry out
economic and industrial development and redevelopment within the City
in accordance with such general policies as may from time to time
be established by the Council and Mayor.
As used in this article, the following terms
shall have the meanings indicated:
The City of Breckenridge Port Authority.
The City of Breckenridge, Minnesota.
The duly elected governing body of the City.
The City Development District Act, Minnesota Statutes, Chapter
469.
Laws of Minnesota, 1985, Chapter 205, authorizing the City
of Breckenridge to create a Port Authority.
This article of the Code of the City of Breckenridge adopted
by the Council establishing the Breckenridge Port Authority pursuant
to the Enabling Act.
Certain acts of Congress which limit the aggregate amount
of obligations of a specified type which may be issued within the
City, as further defined in § 474A.02, of the Industrial
Bond Act and as may from time to time be defined in other state laws.
The Municipal Housing and Redevelopment Act, Minnesota Statutes,
Chapter 462.
The Municipal Housing Program Act, Minnesota Statutes, Chapter
469.
The Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474A and 469.
The Port Authorities Act, Minnesota Statutes, Chapter 469.048
et seq.
The City of Breckenridge.
An outline for the development or redevelopment of a geographic
area of Authority concentration which contains a statement of objectives
for improvement of the area as well as a description of public facilities
to be constructed, an estimated schedule of the open space to be created,
the environmental controls to be applied, the property to be publicly
acquired and the condition under which the authority shall exercise
the right of eminent domain, if any, the proposed reuse of private
property and the general standards of development. Said plan shall
be sufficiently complete to constitute a development program pursuant
to § 469.001, et seq. of the Economic Development Act.
A financial budget containing the sources and uses of public
funds to be expended in carrying out the public costs associated with
a project plan or project area plan. In the event any or all such
public costs are to be paid with tax increment, the project budget
shall constitutes a tax increment financing plan as described in § 273.74
of the Tax Increment Act.
A description of the development or redevelopment of property,
including an estimated schedule, the property to be publicly acquired
and the condition under which the authority will exercise its right
of eminent domain, if any, a description of the public facilities
to be constructed and the proposed reuse of private property.
The Minnesota Tax Increment Financing Act, Minnesota Statutes,
§ 469.174 et seq.
The authority shall be a public body politic
and corporate and a political subdivision of the State of Minnesota.
It shall not be considered a department of the City nor shall the
City be liable for its obligations, unless assumed by the City in
writing. Its relationship to the Council and Mayor shall be governed
by the Enabling Act, this article and the various statutes under which
it operates, including the Port Act, the Housing Act, the Development
Act, the Industrial Bond Act, the Housing Bond Act and the Tax Increment
Act, provided that in the event there is a conflict between the terms
of this article and any such statute, this article shall control and
in the event there is a conflict between the Port Act and any such
statutes, the Port Act shall control; provided, further, that a statute
granting authority shall not be deemed to be in conflict with a statute
that grants less or no such authority.
The Port Authority created by the Enabling Act
and this article shall be known legally as the "Breckenridge Port
Authority."
The powers of the Authority shall be vested
in the Commissioners thereof in office at any time, a majority of
whom shall constitute a quorum for all purposes. Such Commissioners
shall be seven in number, shall be residents of the Port District,
shall be appointed by the Mayor with the approval and consent of the
Council and shall serve six-year terms. No fewer than two Commissioners
shall be members of the Council. A vacancy is created when such Council
member ends Council membership, and such vacancy shall be filled by
the Mayor, with approval and consent of the Council, for the balance
of the term.
The Commissioners of the Authority shall elect
officers as provided in § 469.051 of the Port Act.
The Mayor or his or her designee shall be the
Executive Director of the Authority. Subject to the approval of the
City Council and consistent with City personnel policies and bargaining
contracts, the Mayor or his or her designee shall be empowered to
hire such employees, agents and consultants as deemed proper and as
further provided in the Port Act. The Mayor or his or her designee
shall have the following powers and duties:
A.
To see that all resolutions, rules, regulations or
orders of the Authority are enforced.
B.
Subject to the approval of the City Council and consistent
with City personnel policies appoint and remove all subordinate officers
and regular employees of the Authority.
C.
To present to the Authority plans, studies and reports
prepared for Authority purposes and recommend to the Commissioners
for adoption such measures as deemed necessary to enforce or carry
out the powers and duties of the Authority or the efficient administration
of the affairs of the Authority.
D.
To recommend to the Commissioners for adoption such
rules and regulations as deemed necessary for the efficient operation
of the Authority's functions.
E.
To perform such other duties as may be prescribed
by the Commissioners.
F.
To keep the Commissioners fully advised as to the
Authority's financial condition, prepare and submit to the Commissioners
the annual budget and provide such other financial information as
requested.
A.
At least once annually by April 1, the Authority shall
appear at a regularly scheduled Council meeting and report to the
Council, Mayor and members of the public regarding the operational
status of the Authority. Such report shall comply with § 469.055,
Subdivision 2, of the Port Act and shall include a description of
current and proposed projects as well as general development goals
for the City.
B.
The Authority shall be responsible for all filings
and reports required by various statutes under which it operates.
Copies of all such reports shall be provided to the Council and Mayor
and shall be available to members of the public unless otherwise permitted
or required by law.
[Amended 2-7-2000 by Ord. No. 440]
A.
The accounting, maintenance of books and records,
establishment and maintenance of funds and accounts, investment of
cash surpluses, disbursement of moneys and other necessary financial
matters of the Authority shall be the responsibility of the City Administrator
or his/her designee. Direction and control over the City Administrator
or his/her designee with respect to such Authority financial matters
shall reside in the Commissioners and the Authority Executive Director;
provided, however, that Authority accounting, investment, fund maintenance
and disbursement shall be consistent with City procedures. Any conflict
between the Authority or its Executive Director with respect to the
appropriate interpretation of this subsection shall be brought to
the attention of the City Personnel Committee and ultimately resolved
by the City Council.
[Amended 5-7-2018 by Ord.
No. 499]
B.
On or before the first of September of each year,
the Authority shall submit its annual budget to the City Finance Committee
in a form prescribed by the City Administrator or his/her designee.
Such budget shall include a detailed written estimate of the amount
of money that the Authority expects to need from the City for Authority
business during the next fiscal year and shall otherwise comply with
§ 469.053, Subdivision 2, of the Port Act. The Council may
impose such conditions upon the issuance of obligations by the City
for the purpose of funding said Authority budget as it may determine.
The City Administrator or his/her designee shall submit such budget
to the City Finance Committee for review and inclusion as part of
the City budgetary process. The Commissioners and staff of the Authority
shall appear before the Council as requested to explain and discuss
the content of the proposed Authority budget. Upon approval of such
budget, the Authority shall not exceed total budgeted expenditures
without approval of corresponding budget amendments by the Council;
provided, however, that this provision shall not preclude the Authority
from unilaterally making such line-item changes as it deems appropriate.
[Amended 5-7-2018 by Ord.
No. 499]
C.
The fiscal year of the Authority shall be the same
as that of the City.
A.
The Authority may exercise all of the powers contained
in the Port Act, provided that:
(1)
Before establishing the boundaries of and undertaking
public activities with respect to an Industrial Development District,
as defined in § 469.058 of the Port Act, the Authority shall
submit a project area plan and project budget to the Council for approval.
Such project area plan shall be submitted to the Planning Commission
of the City for its review and comment regarding the consistency of
said plan with the City's Comprehensive Plan. Consideration by the
Council shall be made at a public hearing upon at least 10 days' published
notice in the official newspaper of the City. The Council may impose
such conditions upon its approval as it determines.
(2)
Before undertaking public activities with the Port
District, but outside an Industrial Development District, the Authority
shall submit a project plan and project budget to the Council for
approval. Consideration by the Council shall be made at public hearing
upon at least 10 days' published notice in the official newspaper
of the City. The Council may impose such conditions upon its approval
as it determines.
(3)
The Authority shall not issue obligations under the
Port Act which are subject to a Federal Limitation Act without the
prior approval of the Council.
B.
The Authority may exercise all of the powers contained
in the Housing Act, provided that:
(1)
Before establishing the boundaries of and undertaking
public activities with respect to an Industrial Development District,
as defined in § 469.058 of the Port Act, the Agency shall
submit a project area plan and project budget to the Council for approval.
Such project area plan shall be submitted to the Planning Commission
of the City for its review and comment regarding the consistency of
said plan with the City's Comprehensive Plan. Consideration by the
Council shall be made at a public hearing upon 10 days' published
notice in the official newspaper of the City. The Council may impose
such conditions upon its approval as it determines.
(2)
Before undertaking public activities outside of a
redevelopment project, the Authority shall submit a project plan and
project budget to the Council for approval. Consideration by the Council
shall be made at a public hearing upon 10 days' published notice in
the official newspaper of the City and in a newspaper of general circulation
within the City. The Council may impose such conditions upon its approval
as it determines.
(3)
The Authority shall not issue obligations under the
Housing Act without the prior approval of the Council.
C.
The Authority is hereby appointed Administrator of
the City of Breckenridge Development Districts Numbers 1, 2, 3 and
4 previously established by the Council. Pursuant to the Development
Act, the Authority shall have the following powers:
(1)
To acquire property or easements through negotiation.
(2)
To enter into operating contracts on behalf of the
City for operation of any of the facilities authorized to be constructed
under the terms of the Development Act.
(3)
To lease space to private individuals or corporations
within the buildings constructed under the terms of the Development
Act.
(4)
To lease or sell land and to lease or sell air rights
over structures constructed under the terms of the Development Act.
(5)
To enter into contracts for construction of the several
facilities or portion thereof authorized under the Development Act.
(6)
Contract with the Housing and Redevelopment Authority
of the City of Breckenridge for the administration of any or all of
the provisions of the Development Act.
(7)
Certify to the Council for acquisition through eminent
domain of property that cannot be acquired by negotiation, but is
required for implementation of the development program.
(8)
Certify to the Council the amount of funds, if any,
which must be raised through sale of bonds to finance the program
for development districts.
(9)
Apply for grants from the United States of America.
(10)
Apply for grants from other sources.
D.
The Authority may exercise all of the powers of a
redevelopment agency contained in the Industrial Bond Act; provided,
however, that obligations which are subject to a Federal Limitation
Act shall not be issued without prior approval of the Council.
E.
The Authority may exercise all of the powers of a
City contained in the Housing Finance Act, provided that authorized
to do so by ordinance of the Council pursuant to § 462C.02,
Subdivision 6, of the Housing Finance Act and provided further that
obligations which are subject to a Federal Limitation Act shall not
be issued without the prior approval of the Council.
F.
The Authority may exercise all of the powers of an
Authority contained in the Tax Increment Act, provided that obligations
which are subject to a Federal Limitation Act shall not be issued
without the prior approval of the Council.
G.
The Authority may exercise such power as may be contained
in other laws applicable to port authorities or housing and redevelopment
authorities not specifically described herein.
