97-29 CITY OF CHANHASSEN
CARVER AND HE--PIN COUNTIES, MINNESOTA
Motion By
April 28, 1997 Resolution 97-29
Senn Seconded By Engel
RF_~OLIHXON ENABLING THE CREATION
OF AN ECONOMIC DEVELOPMENT AUTHORITY
IN ~ CITY OF CHANHASSEN, MINNESOTA
BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota:
SECTION 1.
BACKGROUND AND FINDINGS.
1.01 The City is authorized by Minnesota Statutes, Chapter 469 ("the Act") and specifically
Section 469.091, to establish an Economic Development Authority to coordinate and administer
economic development and redevelopment plans and programs of the City of Chanhassen.
1.02 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 in the best interests of the
health, safety, prosperity, and general welfare of the citizens of the City.
1.03 The economic development and redevelopment of the City can best be accomplished by
the establishment of an Economic Development Authority as authorized by the Act.
1.04 The City Council has in accordance with the Act and Section 469.093 provided public
notice and conducted a public hearing on April 28 ,1997, concerning the establishing of
an Economic Development Authority at which hearing ail persons desiring to express their views were
heard.
SECTION 2.
ENABLING RESOL~ON.
2.01 The Economic Development Authority of the City of Chanhassen, Minnesota CEDA")
is hereby established. The EDA is a public body corporate and politic and a political subdivision of
the State of Minnesota.
2.02 Subject to the limitations contained in this Resolution, the EDA is granted the powers
contained in Minnesota Statutes Sections 469.090 to 469.108, and the powers of a housing and
redevelopment authority under Minnesota Statutes Sections 469.001 to 469.047 or other law.
2.03 The EDA consists of a governing body of seven commissioners. Five commissioners shall
be members of the City Council and serve as commissioners of the EDA for terms coinciding with their
terms as members of the City Council. The two commissioners who are not members of the City
Council shall be appointed by the Mayor with the approval of the City Council. One of the
commissioners appointed who is not a member of the City Council shall initially be appointed for a 5-
year term and one shall be appointed for a 6-year term. Thereafter, all commissioners who are not
members of the City Council shall be appointed for 6-year terms.
SECTION 3.
LIMITS OF POWERS.
3.01 The following limits shall apply to the Economic Development Authority and its
operation:
(a)
The sale of all bonds or obligations issued by the EDA shall be first approved by the
City Council;
The EDA shall follow the budget process for City Departments as may be provided by
the City and as implemented by the City Council and Manager.
(c)
All official actions of the EDA must be consistent with the City Comprehensive Plan and
official controls implementing the Comprehensive Plan.
3.02 This enabling Resolution may be modified by the City to make any changes as authorized
by the Act.
3.03 As provided int he Act, it is the intention of the City Council that nothing in this
Resolution nor any activities of the EDA shall 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.
TRANSFER OF AUTHORITY OF CHANHASSEN HOUSING AND
REDEVELOPMENT AUTHORITY.
4.01 Pursuant to the authorization of Minnesota Statutes Section 469.094, the City of
Chanhassen hereby transfers to the Economic Development Authority of the City of Chanhassen
established by this Resolution, all activities, programs, operations, and authority of the existing City
of Chanhassen Housing and Redevelopment Authority ("HRA"), including the transfer of the control,
authority, and operation of any project as defined in Section 469.174, Subd. 8, or any other program
or project authorized by Sections 469.001 to 469.047, or Sections 469.124 to 469.134 located within
the City of Chanhassen. The EDA shall accept the control, authority, and operation of all projects,
programs, or activities of the HRA. The EDA shall exercise all of the powers that the I-IRA could
exercise. This transfer of authority from the HRA to the EDA shall be effective
Aprli 28 , 1997.
4.02 The EDA shall covenant and pledge to perform the terms, conditions, and covenants of
the bond indenture or other agreements executed for the security of any bonds issued by the Chanhassen
Housing and Redevelopment Authority. The EDA shall exercise all of the powers necessary to perform
the terms, conditions, and covenants of any indenture or other agreements executed for the security of
the bonds and shall become obligated on any such bonds by reason of the transfer as provided in this
Resolution.
4.03 All employees, if any, of the HRA as of April 28 ,19 97 , are hereby
transferred to the authority, direction, supervision, and control of the F. DA. The placement of any
employees under this direction, supervision, or control of the F. DA does not affect the rights of any
employees of the previously existing HRA. Any employees of the HRA shall become employees of the
EDA.
SECTION 5.
IMPL~TATION.
5.01 The City Council shall from time to time adopt such ordinances and resolutions as are
required and permitted by the Act to give full effect to this Resolution.
5.02 The Mayor, the City Manager, 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.
PASSED AND DULY ADOPTED by the City Council of the City of Chanhassen this 28th
day of April , 1997.
A~T:
Don Ashworth, Cle-~/Manager
Nancy K. tCfancino, Mayor
YES
Mancino
Berquist
Engel
Senn
NO
Mason
ABSENT
None