The City of Wabasha established the Wabasha Port Authority and Development Agency in 2005 by enabling resolution. The enabling resolution set forth the operational structure for the agency. The Authority is comprised of seven members appointed by the City Council and is staffed by the City Administrator, City Clerk and City Planner.
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RESOLUTION ENABLING THE CREATION OF A PORT AUTHORITY OF WABASHA
BE IT RESOLVED by the City Council of the City of Wabasha, Minnesota (City) as follows:
Section 1. Background and Findings
1.01. Minnesota Statutes, Section 469.0855, Subdivision 1, authorizes the City to establish a port authority with the same powers as a port authority established under section 469.049 or other law, and further provides the City of Wabasha shall exercise all the powers relating to the port authority granted to a city by sections 469.048 to 469.068 or other law to coordinate and administer the economic development and redevelopment plans and programs of the City of Wabasha.
1.02 Minnesota Statutes, 469.0855 Subdivision 2, grants to the port authority the same powers as a municipal housing and redevelopment authority established under sections 469.001 to 469.047 of Minnesota Statues or other applicable law.
1.02. It is found and determined by the City Council that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and is in the best interests of the health, safety, prosperity and general welfare of the citizens of the City.
1.03. It is further found and determined that the economic development and redevelopment of the City can be best accomplished by the establishment of a port authority as authorized by the Act.
1.04. The City Council has provided public notice and conducted a public hearing on July 05, 2005 concerning the establishment of a Port Authority at which all persons desiring to express their views were heard.
Section 2. Enabling Resolution
2.01. The Wabasha Port Authority and Development Agency (“Port Authority”) of the City of Wabasha, Minnesota is hereby established, subject to the provisions of this Enabling Resolution. The Port Authority is a public body corporate and politic and a political subdivision of the State of Minnesota.
2.02. The Wabasha Port Authority and Development Agency shall have all powers of a port authority established under Minnesota Statutes, section 469.049 or other law, subject to the limitations contained in this Enabling Resolution as well as the powers and authority granted to a housing and redevelopment authority created pursuant to Minnesota Statues, Sections 469.001 to 469.047, or other law, and which shall constitute an “agency” pursuant to the Development Act sections 469.124 to 469.134, and as said Acts may be amended from time to time and all other applicable laws, except as limited by this resolution.
2.03. It shall be the role and responsibility of the Wabasha Port Authority and Development Agency to carry out economic and industrial development and redevelopment within the City in accordance within such general policies as may be established by the City Council. The Port Authority is hereby appointed Administrator of the City of Wabasha Development Districts in accordance with the Development Act.
2.04 The Port District is the City of Wabasha.
2.05. The Wabasha Port Authority and Development Agency consists 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 the current commissioner’s of the Wabasha EDA as of June 30, 2005 for their remaining terms of one, two, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six year terms. A vacancy shall be created in the membership of the commission when a City Council member of the authority ends council membership.
2.06 The City Administrator shall be an ex-officio member of the Port Authority without the right to vote, make motions, or be counted for purposes of determining a quorum.
Section 3. Limits of Power.
3.01. The following limits shall apply to the Port Authority of City of Wabasha in its operation.
A) Before undertaking public activities with respect to an industrial development district as defined in Minnesota Statutes, section 469.058 of the Port Act, the Port Authority shall submit a Project Plan and Project Budget to the City Council for approval.
Such Project Plan shall be submitted to the Wabasha Planning Commission for its review and comment regarding the consistency of said Plan with the City’s comprehensive plan.
B) Before establishing the boundaries of and undertaking public activities with respect to a redevelopment project, as defined in Minnesota Statues, section 469.002, subd. 14 of the HRA Act, the Port Authority shall submit a Project Plan and Project Budget to the City Council for approval. Such Project Plan shall constitute a “redevelopment plan” pursuant to Minnesota Statues, section 469.002, subd. 16 and section 469.027 of the HRA Act, and be submitted to the Wabasha Planning Commission for its review and comment regarding the consistency of said Plan with the City’s comprehensive plan.
C) The sale of general obligation bonds of the Port Authority must be approved by the City Council, pursuant to Minnesota Statutes, Section 469.060, Subdivision 1.
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 Wabasha Port Authority and Development Agency are to 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 by the City. The City Council shall not modify any limit in effect 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 will from time to time and at the appropriate 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 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 Wabasha Port Authority and Development Agency as authorized by Minnesota Statues.
4.04. This Resolution will take effect July 5, 2005.
4.05. This Resolution may be reviewed, and any recommended changes proposed, one year after and on every subsequent anniversary of its effective date as established in 4.04.
4.06 The accounting, maintenance of books and records, establishment and maintenance of funds and accounts, investment of cash surpluses, disbursement of monies and other necessary financial matters of the Port Authority shall be the responsibility of the City Clerk/Treasurer. Direction of such control over the City Clerk/Treasurer with respect to such Port Authority financial matters shall reside in the Commissioners, provided however, that Port Authority accounting, investment, fund maintenance and disbursement shall be consistent with City procedures.
PASSED AND DULY ADOPTED by the City Council of the City of Wabasha this fifth day of July, 2005.