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HomeMy WebLinkAbout2004.07.19 RESO 2004-0055RESOLUTION 2004-55 RESOLUTION MODIFYING AN ENABLING RESOLUTION ADOPTED JUNE 151,1998 RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF HUGO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA (THE "CITY") AS FOLLOWS: Section 1. Background and Findings. 1.01. ' The City is authorized by Minnesota Statutes, Chapter 469 (the "Act') and specifically Section 469.091, to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs of the City of Hugo. 1.02. The City has found and determined that it is in best interests to establish an economic development authority in order to preserve and create jobs, and to promote the general welfare of the people of the City. 1.03. The City has found and determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an economic development authority as authorized by the Act. 1.04. The City Council has provided public notice in accordance with the Act and conducted a public hearing on June 15, 1998, concerning the establishing of an Economic Development Authority at which hearing all persons desiring to express their views were heard. 1.05. The City Council on June 15, 1998 adopted an enabling resolution which established an Economic Development Authority of the City of Hugo (the "EDA"). 1.06. The City Council desires to modify the enabling resolution which is permitted by the Act after notice is given and a public hearing is conducted as required for the original adoption of the enabling resolution. Section 2. Enabling Resolution. 2.01. The EDA shall have all the powers, duties and responsibilities set forth in Sections 469.029 to 469.1082 of the Act and as said Act may be amended from time to time and all other applicable laws, except as limited by this Resolution in Section 3. 2.02. The EDA presently consists of five commissioners who are the members of the City Council. Three of the existing members of the EDA intend to resign at such time as appropriate to cause the EDA to be enlarged to seven commissioners, two of whom shall be City Council members. Upon the adoption of this Resolution the EDA shall consist of a governing body of seven commissioners. Two of the commissioners shall be members of the City Council. All commissioners shall be appointed by the Mayor with the approval of the City Council. Those initially appointed shall be appointed for terns of two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six year terms. A vacancy is created in the membership of the EDA when a City Council member of the EDA ends City Council membership. Section 3. Limits of Powers. 3.01. The EDA shall have all of the powers of the Act except the following limits shall apply to the EDA and its operation: (a) The sale of all bonds or other obligations issued by the EDA shall be first approved by the City Council. (b) The EDA shall follow the budget process for the City Departments as specified by the City Council and in accordance with City policies. (c) Development and redevelopment plans of the EDA shall be consistent with the City Comprehensive Plan and official controls implementing the Comprehensive Plan. (d) The EDA shall obtain approval of its proposed plans for development and redevelopment from the City Council. (e) The administrative structure and management practices and policies of the EDA shall be approved by the City Council. 3.02. This Enabling Resolution may be modified to make any changes as authorized by the Act. 3.03. As provided in the Act it is the intention of the City Council that nothing in this Resolution nor any activities of the EDA shall be construed to impair the obligations of the City under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued at the time any bonds or obligations are issued or contracts executed to the detriment of the holder of the bonds or obligations or any contracting party. Section 4. Implementation. 4.01. The City Council shall from time to time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this Resolution. 4.02. The Mayor, the 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. 4.03. Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different limitations on the EDA as authorized by the Act. The motion for the adoption of the foregoing resolution was made by member Haas and duly seconded by member Granger and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: Granger, Haas, Petryk, Puleo, Miron and the following voted against the same: NONE Whereupon said resolution was declared duly passed and ado this 19m y of July 2004. n, Ma or ATTEST: MaryCreager, City MArk