City Council Ordinance 469AOgDI1~TANCE N0.469A
CE RELATING TO THE DIVISIONOO SING POWERS
ORDINAN DEVELOPMENT AND H
EN THE ECONOMIC DEVELOPMENT AUTHORIT
DEVELOPMENT, RE NT AUTHORTTY~
BET~'~'E
p~ND THE HOUSING IAND ODEE T T LE II, CHAPTER 3
AMENDING C
THE CITY OF MONTICELLO DOES ORDA~~
Section 1. Rene=ers• It is hereby determined that'
Sections 469.001 to 469.047 and predecessor
(a) pursuant to Minnesota 1Ste ablished the Housing and Redevelopment Authority in
statutes ("H~ Act"), the City pre~ous f r the purpose of carrying out housing and redevelopment
and for the City of Mang cello (H~ )
activities in the C tY~ °°EDA Act"), the City
Sections 469.090 to 469.1081 ( «EDA") by
(b) pursuant to Minnesota Statutes, ment Authority ( Title II,
of Monticello Economic Deve~amance"), codified as
Council established the roved April 10, 1989 (the "Enabling
Ordinance No. 172, app
Chapter 3 of the City Code; and
the City approved an amended of ttiesC t Codeband
(c) on October 22, 2007,
n intended to supersede the original provisions of Title II, Chapter
Resolutio subdivision 1 to
Minnesota Statutes, Section 469.094,
(d) the City is authorized d elopment, and housing powers between EDA and the
divide the economic development, re
HRA; and
ermined a need to allocate all development, redevelopment an
(e) the City has det lari that the EDA is governed by the terms of the Enabling
housing powers to the EDA, and to c fY
Resolution. this ordinance or the
po~,~,~s Allocated to EDA. Except as limited by
Section 2. ended from time to time, the City allocates to the EDA all
Enabling Resolution, as either maybe am
of the following powers:
ers of an economic development authority under the EDA Act.
(a) all pow Act.
ers of a housing and redevelopment authority under the HRA
(b) all pow
f a ci under Minnesota Statutes, Section 469.124 to 469.134.
(c) all powers o tY esota Statutes,
enc under Minn
Act or the EDA Act, and all powers
(d) all powers and duties of a redevelopment ag ota Statutes, Sections
Sections 469.152 to 469.165 for a purpose in the Ham' ose in Minnes
and duties in the HRA Act and the EDA Act for a purp
469.152 to 469.165.
315923v1 biNI (vIN190"130
(e) the authority to issue bonds in accordance with the EDA Act and the HRA
Act.
(fj the authority to levy special benefit taxes in accordance with Section
469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment
costs (as defined in the HRA Act), subject to approval by the City Council in accordance
with Section 469.033, subdivision 6.
(g) all powers under Minnesota Statutes, Sections 469.474 to 469.179, subject to
all approvals required by the City under those provisions.
(h) any other powers related to development, redevelopment or housing
authorized under Minnesota Statutes, to the extent such allocation to the EDA is consistent
with such statutes.
Section 3. No Powers Allocated to HRA. The City allocates no powers to the HRA, it
being the intent of this ordinance that all development, redevelopment and housing powers under
law be allocated to the EDA.
Section 4. Powers Retained by City. Notwithstanding anything to the contrary herein,
the City retains the powers of a city under Minnesota Statutes, Sections 469.124 to 469.134, which
powers the City may exercise concurrently with the EDA. Nothing in this ordinance is intended to
limit or affect powers, rights, duties or obligations that are specifically assigned to the City under the
Enabling Resolution, the EDA Act, the HRA Act, or any other law.
Section 5. Amendment. Nothing in this ordinance is intended to limit or prevent the
City from (a) modifying this ordinance to revise the respective powers of the HRA and the EDA, or
(b) modifying the Enabling Resolution to impose new or different limitations on EDA as authorized
by the EDA Act.
Section 6. Codification. Title II, Chapter 3 of the City Code is replaced in its entirety
by this ordinance.
Section 7. Effective Date. This ordinance is in effect upon its publication in accordance
with law.
Offered By: Brian Stumpf
Seconded By: Wayne Mayer
Roll Call: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski voted in
favor thereof and none voted against.
Date of Passage: December 10, 2007
Mayor
2~:~.-~
City i ' ator
315923v1 MNIMN190-130 2