City Council Ordinance 469A (2)ORDINANCE NO. 469A
ORDINANCE RELATING TO THE DIVISION OF ECONOMIC
DEVELOPMENT, REDEVELOPMENT AND HOUSING POWERS
BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY
AND THE HOUSING AND REDEVELOPMENT AUTHORITY;
AMENDING CITY CODE, TITLE II, CHAPTER 3
THE CITY OF MONTICELLO DOES ORDAIN:
Section 1. Recitals. It is hereby determined that:
(a) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and predecessor
statutes ("HRA Act"), the City previously established the Housing and Redevelopment Authority in
and for the City of Monticello ("HRA") for the purpose of carrying out housing and redevelopment
activities in the City; and
(b) pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("EDA Act"), the City
Council established the City of Monticello Economic Development Authority ("EDA") by
Ordinance No. 172, approved April 10, 1989 (the "Enabling Ordinance"), codified as Title II,
Chapter 3 of the City Code; and
(c) on October 22, 2007, the City approved an amended and restated Enabling
Resolution intended to supersede the original provisions of Title II, Chapter 3 of the City Code; and
(d) the City is authorized by Minnesota Statutes, Section 469.094, subdivision 1 to
divide the economic development, redevelopment, and housing powers between EDA and the
HRA; and
(e) the City has determined a need to allocate all development, redevelopment and
housing powers to the EDA, and to clarify that the EDA is governed by the terms of the Enabling
Resolution.
Section 2. Powers Allocated to EDA. Except as limited by this ordinance or the
Enabling Resolution, as either may be amended from time to time, the City allocates to the EDA all
of the following powers:
(a) all powers of an economic development authority under the EDA Act.
(b) all powers of a housing and redevelopment authority under the HRA Act.
(c) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134.
(d) all powers and duties of a redevelopment agency under Minnesota Statutes,
Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers
and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections
469.152 to 469.165.
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(e) the authority to issue bonds in accordance with the EDA Act and the HRA
Act.
(f) 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
City i 's rator
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Mayor