HomeMy WebLinkAboutOrdinance 1442ORDINANCE NO. 1442
ORDINANCE RELATING TO THE DMSION OF ECONOMIC
DEVELOPMENT, REDEVELOPMENT AND HOUSING POWERS
BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY
AND THE HOUSING AND REDEVELOPMENT AUTHORITY.
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. Recitals. It is hereby determined that:
(a) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and predecessor
statutes ("HRA Act',), the City previously established the Housing and Redevelopment Authority in
and for the City of Columbia Heights ("HRA") for the purpose of carrying out housing and
redevelopment activities in the City.
Co) pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("EDA Act"), the City
Council established the Columbia Heights Economic Development Authority ("CHEDA") by
resolution approved January 8, 1996 (the "Enabling Resolution',), for the purpose of coordinating
and administering the housing, economic development and redevelopment programs for the City.
(c) by resolution approved January 8, 1996, the City transferred the control, authority
and operation of all I-IRA projects to the CHEDA.
(d) by resolution approved January 29, 1996, the HRA approved the transfer of all HRA
contracts, programs and property from the HRA to the CHEDA and CHEDA officials were directed
to execute and deliver quit claim deeds for all real property owned by the HRA to the CHEDA.
(e) quit claim deeds for all real property owned by the HRA were never executed and
delivered to the CHEDA and, therefore, title to those properties remains in the HRA.
(f) the City is authorized by Minnesota Statutes, Section 469.094, subdivision 1 to
divide the economic development, redevelopment, and housing powers between CHEDA and the
HRA.
(g) the City Council has found and determined that the City's overall housing and
redevelopment objectives will be best served if certain housing powers are allocated to the HRA
and redevelopment and economic development powers are allocated to the EDA, as further
described in this ordinance.
Section 2. HRA Powers.
(a) Except as limited by this ordinance as it may be amended from time to time, the HRA
may exercise all the powers under the HRA Act needed in order to carry out programs and projects
for low and moderate income housing including, but not limited to, the following powers:
(i) to own, manage and operate all housing facilities that are operated by
CHEDA as of the effective date of this ordinance.
(ii) to establish and operate housing development projects and housing projects
(as such terms are defined in the HRA Act).
(iii) to accept control and authority over any housing program for low and
moderate income persons that the City or CHEDA delegates to the HRA.
(iv) to levy special benefit taxes in accordance with Section 469.033, subdivision
6 of the HRA Act in order to pay or finance the cost of housing projects and programs for
low and moderate income persons, subject to approval by the City Council in accordance
with Section 469.033, subdivision 6.
(v) to acquire and convey real or personal property or any interest therein by
gift, grant, purchase, exchange, lease, transfer, bequest, devise, or otherwise, and by the
exercise of the power of eminent domain.
(vi)
operation.
to determine the level of low and moderate incomes within its area of
(vii) to issue bonds for any of its corporate purposes and to secure those bonds by
mortgages upon property held or to be held by it or by pledge of its revenues, including
grants or contributions.
(b) The I-IRA may not exercise any powers under Minnesota Statutes, Sections 469.174 to
459.179, or any powers under the HRA Act that relate solely to redevelopment; provided, however,
that nothing in this ordinance will be construed to limit the HRA's powers to carry out any housing
project or housing development project that requires or includes redevelopment or that requires or
includes land uses or facilities reasonably necessary to serve or facilitate the development of
housing for low and moderate persons.
Section 3. EDA Powers
(a) Except as limited by this ordinance or the Enabling Resolution, as either may be
amended from time to time, the EDA may exercise all the powers under the EDA Act, including,
but not limited to, the following:
(i) all powers under the HRA Act other than those allocated to the HRA under
this ordinance.
(ii) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134.
(iii) all powers and duties of a redevelopment agency under Minnesota Statutes,
Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers
and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections
469.152 to 469.165.
(iv) the authority to acquire property, exercise the right of eminent domain; make
contracts for the purpose of redevelopment and economic development; serve as a limited
partner in a partnership whose purpose is consistent with the CHEDA's purpose; buy
supplies and materials needed to carry out development within the EDA Act; and operate
and maintain public parking facilities.
(v) the authority to issue bonds in accordance with the EDA Act and the HRA
Act.
(vi) the authority to levy special benefit taxes in accordance with Section
469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment
costs (as defined in the HRA Act), subject to approval by the City Council in accordance
with Section 469.033, subdivision 6.
(vii) all powers under Minnesota Statutes, Sections 469.474 to 469.179, including
without limitation the power to establish a housing district as defined in Section 469.174,
subdivision 11.
(b) CHEDA may not exercise powers under the HRA Act that are allocated to the HRA
under this ordinance; provided, however, that nothing in this ordinance will be construed to limit
CHEDA's powers to carry out any redevelopment project that includes housing for low and
moderate income persons that is owned and operated by non-governmental parties.
Section 4. Amendment. Nothing in this ordinance is intended to limit or prevent the
City fi.om (a) modifying this ordinance to revise the respective powers of the I-IRA and the CHEDA,
or (b) modifying the Enabling Resolution to impose new or different limitations on CHEDA as
authorized by the EDA Act.
Section 5.
after its passage.
Effective Date. This ordinance is in effect fi.om and after thirty (30) days
First Reading:
Second Reading:
Date of Passage:
September 24, 2001
October 22, 2001
October 22, 2001
Offered By:
Seconded By:
Roll Call:
Williams
Szurek
Aye: Peterson, Szurek, Wyckoff, Williams Nay: Nawrocki
Mayor Ga~ L Peterson
Attest:
('P~tricia Muscovitz, Deputy City ~]~rk
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