Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. AUTHORITY. The Austin Port Authority.
B. ENABLING ACT. Laws of Minnesota, 1985, Chapter 206, § 3, authorizing the city to create a port authority.
C. ENABLING SECTION. The ordinance of the Council establishing the Austin Port Authority pursuant to the Enabling Act.
D. 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 public costs are to be paid with tax increment, the PROJECT BUDGET shall constitute a “tax increment financing plan,” as described in M.S. § 273.74 of the Tax Increment Act, as it may be amended from time to time.
E. PROJECT PLAN. An outline for the development or redevelopment of a geographic area or single parcel of Authority activities 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. The plan shall be sufficiently
complete to constitute a “development program,” pursuant to M.S. § 472A.02, Subd. 5 of the Development Act and a “redevelopment plan,” pursuant to M.S. § 462.421, Subd. 15 of the HRA Act, as they may be amended from time to time.
F. THE PORT ACT. The Port Authorities Act, M.S. Chapter 458, as it may be amended from time to time.
G. PORT DISTRICT. The City of Austin.
H. TAX INCREMENT ACT. The Minnesota Tax Increment Financing Act, M.S. §§ 273.01 et seq., as it may be amended from time to time.
Subd. 2. Establishment. There is hereby created, in the city, the Port Authority which, subject to the provisions of this enabling section shall have all of the powers, duties and responsibilities of any port authority created pursuant to the Port Act or other law. It shall be the role and responsibility of the Port Authority to carry out economic and industrial development and redevelopment within the city in accordance within the general policies as may from time to time be established by the Council and Mayor.
Subd. 3. Legal status. The Authority shall be a public body politic and corporate and a political subdivision of the state. 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 enabling section and the various statutes under which it operates; provided that, in the event there is a conflict between the terms of this enabling section and any such statute, the enabling section 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.
Subd. 4. Name. The Port Authority created by the Enabling Act and this enabling section shall be known legally as the Austin Port Authority.
(Ord. 347, Second Series, passed 7-17-95)
Subd. 5. Governing body.
A. 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. Pursuant to M.S. § 458.10, Subd. 1b and 1, as it may be amended from time to time, the Commissioners shall be seven in number, shall be residents of the city and two of whom must be members of the City Council, and shall be appointed and serve as follows:
Seat Number
|
Appointing Number | Term | Status Authority |
Seat Number
|
Appointing Number | Term | Status Authority |
1 | 6 years | Citizen | Mayor |
2 | 6 years | Citizen | Mayor |
3 | 6 years | Citizen | Mayor |
4 | 6 years | Council member | Mayor |
5 | 6 years | Council member | Mayor |
6 | 6 years | Citizen | Mayor |
7 | 6 years | Citizen | Mayor |
B. Appointments by the Mayor shall be subject to the approval and consent of the Council. A vacancy shall be created whenever a Commissioner who is a Council member ends Council membership, in which case the vacancy shall be filled by the Mayor with the approval and consent of the Council, for the balance of the term.
(Ord. 408, Second Series, passed 5-4-98; Am. Ord. 479, Second Series, passed 5-6-02)
Subd. 6. Authority. The Commissioners of the Authority shall be empowered to hire the employees, agents and consultants as they deem proper and as further provided in the Port Act, including the appointment of any Executive Director of the Authority who shall have the following powers and duties:
A. To see that all resolutions, rules, regulations or orders of the Authority are enforced;
B. To 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, 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 keep the Authority fully advised as to its financial condition and to prepare and submit to the Commissioners the annual budget and such other financial information as requested;
E. To recommend to the Commissioners, for adoption, rules and regulations as deemed necessary for the efficient operation of the Authority’s functions;
F. To perform other duties as may be prescribed by the Commissioners;
G. To make necessary purchases and supplies for the operation of the Authority in accordance with state and city regulations (City Code);
H. To establish and maintain a system of filing and indexing records and reports; and
I. To be responsible for the proper maintenance of all Authority property and equipment.
(Ord. 151, Second Series, passed 7-1-87)
Subd. 7. Authority officers. The Commissioners of the Authority shall elect officers as provided in M.S. § 458.11 of the Port Act, as it may be amended from time to time; the City Administrator shall be the Executive Director thereto, the City Recorder shall be the Secretary thereto and the City Attorney shall be the Attorney for the Authority.
(Ord. 408, Second Series, passed 5-4-98)
Subd. 8. Reports.
A. At least once annually by April 1, the Authority shall:
1. Submit its enabling section modification recommendations to the Council; and
2. 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. The report shall comply with M.S. § 458.16, Subd. 2(8) of the Port Act, as it may be amended from time to time, 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 the various statutes under which it operates. Copies of all 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.
Subd. 9. Accounting, budgets and fiscal year.
A. 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 Authority shall be the responsibility of the City Recorder and City Treasurer. Direction of and control over the City Recorder and City Treasurer with respect to the Authority financial matters shall reside in the Commissioners; provided, however, that Authority accounting, investment, fund maintenance and disbursement shall be consistent with city procedures.
B. On or before August 1 of each year the Authority shall submit its annual budget to the City Administrator in a form prescribed by the City Administrator. The 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 M.S. § 458.14, Subd. 2 of the Port Act, as it may be amended from time to time. The Council may impose such conditions upon the issuance of obligations by the city for the purpose of funding the Authority budget as it may determine. The City Administrator shall submit the budget to the Council for review and approval as a 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 the 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.
C. The fiscal year of the Authority shall be the same as that of the city.
Subd. 10. Powers.
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 M.S. § 458.191 of the Port Act, as it may be amended from time to time, the Authority shall submit a project plan and project budget to the Council for approval. The project plan shall be submitted to the Planning Commission of the city for its review and comment regarding the consistency of the plan with the city’s comprehensive plan.
2. Before undertaking public activities within the Port District, but outside an industrial development district, the Authority shall submit a project plan and project budget to the Council for approval.
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.
Subd. 11. Levy. Pursuant to M.S. § 458.14, Subd. 3 of the Port Act, as it may be amended from time to time, the Council may levy a tax in 1988 and annually thereafter for not more than .75 mills times the assessed valuation of taxable property within the city, which said levy shall not be taken into account for purposes of the city’s levy limit and the proceeds of which shall be set aside by the City Recorder and City Treasurer for purposes of the Authority for expenditures by it in accordance with its approved budget.
Subd. 12. Influencing government actions. Neither the Commissioners or the staff of the Authority shall present to Congress, the State Legislature, any federal or state agency or any member thereof, proposals regarding the structure and organization of the Authority or any matter of policy affecting the city generally without the prior approval of the Council. It is the intention of this section that the Authority be prohibited from representing to these or similar governmental entities policy positions which might be in conflict with those held by the Council and Mayor.
Subd. 13. Amendments. The Authority shall not act inconsistently with this enabling section; provided that, a determination by the Council that the limitations imposed by this section have been complied with by the Authority shall be conclusive. Amendments to this section shall be by written ordinance.
(Ord. 151, Second Series, passed 7-1-87) (`80 Code, § 2.32)