MINUTES OF THE SPECIAL MEETING
OF THE ORTONVILLE CITY COUNCIL
COUNTY OF BIG STONE, STATE OF MINNESOTA
THURSDAY, FEBRUARY 23, 2006 5:00 P.M.
MATADOR SUPPER CLUB
CALL TO ORDER AND ROLL CALL:
Upon due public notice, Mayor Johnson
called the special meeting of the Ortonville City Council to order at 5:00
P.M. Roll call was taken with the following being present: Mike Dorry,
Nick Anderson, Bob Meyer, John Cunningham with the following absent:
Artie Arndt, Dan Oakes. City staff present: None. Others present:
Burt Nypen, Mel Ehlert. Media present: Julie Gruber.
Cunningham moved and Johnson seconded that the following resolution be
adopted:
RESOLUTION ENABLING THE CREATION OF
THE PORT AUTHORITY OF ORTONVILLE
BE IT RESOLVED by the City Council of
Ortonville, Minnesota (City) as follows:
Section 1.
Background and Findings.
1.01 Minnesota Statutes, Section
469.0856 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 that the City of Ortonville 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 of the City of Ortonville.
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
best be accomplished by the establishment of a port authority as
authorized by the Act.
1.04 The City Council has in
accordance with Minnesota Statute Section 469.093 provided public notice
and conducted a public hearing on February 23, 2006, 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 Ortonville Port Authority
(Port Authority) of the City of Ortonville, 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 Ortonville Port Authority
shall have all powers, duties and responsibilities set forth in Minnesota
Statutes 469.048 to 469.068 or other law, as well as the powers and duties
granted to a redevelopment agency under sections 469.152 to 469.165, for a
purpose in section 469.001 to 469.047, or 469.48 to 469.068, and the Port
Authority may also exercise the powers and duties in section 469.001 to
469.047 and 469.048 to 469.068, for a purpose in sections 469.152 to
469.165, as said Acts may be amended from time to time and all other
applicable laws, except as may be limited by this resolution.
2.03 It shall be the role and
responsibility of the Ortonville Port Authority to carry out economic and
industrial development and redevelopment within the City in accordance
with such general policies as may be established by the City Council. The
Port Authority is hereby appointed Administrator of the City of Ortonville
Development Districts in accordance with the Development Act.
2.04 The Port District is the City of
Ortonville.
2.05 The Ortonville Port Authority 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
approval of the City Council. The first commissioners shall be appointed
for initial terms as follows: one member for a term of one, two, three,
four, and five years, respectively, and two members for terms of six
years. 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 Economic Development
Authority Secretary 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 Ortonville Port Authority in its operation:
A) Before undertaking public
activities with respect to an industrial development, 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 Ortonville Planning Commission for its review and comment regarding
the consistency of said Plan with the City’s comprehensive plan.
B) The sale of general obligation
bonds of the Port Authority must be approved by the City Council, pursuant
to Minnesota Statutes Section 469.102, Subdivision 1.
3.02 This Enabling Resolution may be
modified to make any changes 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 Ortonville Port Authority are to be construed to impair
the obligation 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 affect 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, City
Clerk/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 Ortonville Port Authority as
authorized by Minnesota Statutes.
4.04 This resolution will take effect
on February 23, 2006.
4.05 Without limiting the right of the Port Authority to
petition the City Council at any time, this resolution shall be reviewed
by the Port Authority, and recommended changes proposed, one year after
and on every 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 surplus, disbursement of monies and other necessary
financial matters of the Port Authority shall be the responsibility of the
Economic Development Authority Secretary. Direction of such control over
the Economic Development Authority Secretary with respect to such Port
Authority financial matters shall reside in the Commissioners, provided
however, that Port Authority accounting, investments, fund maintenance and
disbursement shall be consistent with City procedures.
Upon roll call vote the following
voted aye: Cunningham, Johnson, Anderson, Arndt, Meyer, Oakes and the
following voted nay: Dorry.
Resolution 06-037 passed this 23rd
day of February 2006.
APPROVED:
____________________
Blair Johnson
Mayor
ATTEST:
_____________________
Judith M. Roberts
Deputy City Clerk-Administrator
ADJOURNMENT:
Johnson adjourned the February 23rd
special meeting of the Ortonville City Council.
