(A) Establishment. There is hereby created in the city a port authority which, subject to the provisions of this section, shall have all of the powers, duties and responsibilities of any port authority created pursuant to the Act.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORITY. The Fergus Falls Port Authority.
CITY. The City of Fergus Falls, Minnesota.
COUNCIL. The duly elected governing body of the city.
ENABLING ACT. M.S. § 469.075, as it may be amended from time to time, authorizing the city to create a port authority.
TAX INCREMENT ACT. The state’s Tax Increment Financing Act, M.S. §§ 469.174 through 469.179, as they may be amended from time to time.
THE PORT ACT. The Port Authorities Act, M.S. §§ 469.048 through 469.068, as they may be amended from time to time.
(C) 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 section and the various statutes under which it operates, including the Port Act and the Tax Increment Act; provided that, in the event there is a conflict between the terms of this section and any statute, this section shall control and in the event there is a conflict between the Port Act and any 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 authority.
(D) Name. The Port Authority created by the Enabling Act and this section shall be known legally as the “Fergus Falls Port Authority”.
(E) Governing body. 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. The Authority consists of seven Commissioners, two of whom must be members of the Council. The Commissioners shall be appointed by the Mayor with the approval and consent of the Council and shall serve two-year terms. A vacancy is created if the Council passes a resolution removing a member from office or if a Council member ends Council membership. Vacancies shall be filled by the Mayor with the approval and consent of the Council for the balance of the term. The provisions of the Government Data Practices Act, M.S. Ch. 13, the Open Meeting Law, M.S. Ch. 13D, and the laws relating to Gifts to Local Officials, M.S. § 471.895, as these laws may be amended from time to time, apply to the Port Authority and its members.
(F) Authority officers. The Commissioners of the Authority shall elect officers as provided in § 458.11 of the Port Act.
(G) Authority staff. The Executive Director of the Authority shall be appointed by the Commissioners of the Authority, subject to approval by the Council. The Executive Director and all other Authority staff shall be employees of the city. The City Administrator, after consultation with the Executive Director, shall hire the other employees, agents and consultants as deemed proper to facilitate the needs and requirements of the Port Authority. The Executive Director shall have the following powers and duties:
(1) To see that all resolutions, rules, regulations or orders of the Authority are enforced;
(2) 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;
(3) To recommend to the Commissioners for adoption of rules and regulations as deemed necessary for the efficient operation of the Authority’s functions;
(4) To meet and confer with the City Administrator as required to facilitate and coordinate the objectives of economic development within the city; and
(5) To perform other duties as may be prescribed by the Commissioners.
(H) Reports.
(1) At least once annually by April 1, the Authority shall 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 include a description of current and proposed projects as well as general development goals for the city.
(2) 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.
(I) Account, budget and fiscal year.
(1) The accounting and maintenance of books and records shall be the responsibility of the city. All other financial matters, including the establishment and maintenance of funds and accounts, investment of cash surpluses, disbursement of moneys and other necessary financial matters of the Authority shall be the responsibility of the Authority. Any conflict between the Authority and the city with respect to the appropriate interpretation of this division (I) shall be resolved by the Council.
(2) (a) 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. § 469.053, subd. 1, of the Port Act, as it may be amended from time to time. The Council may impose conditions upon the issuance of obligations by the city for the purpose of funding the Authority budget as it may determine.
(b) 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 line-item changes as it deems appropriate.
(3) The fiscal year of the Authority shall be the same as that of the city.
(J) Powers.
(1) The Authority may exercise all of the powers contained in the Port Act; provided that, the Authority shall not issue obligations to which the full faith and credit of the city are pledged without the prior approval of the Council. In addition, the Authority shall make no commitments regarding or necessitating funding by the city, except to the extent that:
(a) The funding is provided in Authority’s annual budget; or
(b) The Council has approved the commitment.
(2) The prior appointment of the Authority as Administrator of the City Development Districts No. 2, 3, 4 and 5 is hereby repealed. The administration and implementation of Industrial Development District No. 1 shall be pursuant to a joint powers agreement between the city and the Authority.
(3) The Authority may exercise all of the powers of an authority contained in the Tax Increment Act subject to this section and a joint powers agreement between the Authority and the city, if any.
(4) The Authority may exercise powers as may be contained in other laws applicable to port authorities not specifically described herein.
(2002 Code, § 2.75) (Ord. 186, Third Series, effective 5-30-1989; Ord. 52, Fourth Series, effective 5-3-1993; Ord. 73, Seventh Series, effective 9-25-2018)