City of Breckenridge, MN
Wilkin County
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[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:
AUTHORITY
The City of Breckenridge Port Authority.
CITY
The City of Breckenridge, Minnesota.
COUNCIL
The duly elected governing body of the City.
DEVELOPMENT ACT
The City Development District Act, Minnesota Statutes, Chapter 469.
ENABLING ACT
Laws of Minnesota, 1985, Chapter 205, authorizing the City of Breckenridge to create a Port Authority.
ENABLING ORDINANCE
This article of the Code of the City of Breckenridge adopted by the Council establishing the Breckenridge Port Authority pursuant to the Enabling Act.
FEDERAL LIMITATION 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.
HOUSING ACT
The Municipal Housing and Redevelopment Act, Minnesota Statutes, Chapter 462.
HOUSING BOND ACT
The Municipal Housing Program Act, Minnesota Statutes, Chapter 469.
INDUSTRIAL BOND ACT
The Municipal Industrial Development Act, Minnesota Statutes, Chapter 474A and 469.
PORT ACT
The Port Authorities Act, Minnesota Statutes, Chapter 469.048 et seq.
PORT DISTRICT
The City of Breckenridge.
PROJECT AREA PLAN
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.
PROJECT BUDGET
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.
PROJECT PLAN
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.
TAX INCREMENT ACT
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.