264920 WHI7E - CITY � ERK 2s4g20
PINK - FINANCE
CANARY - DEPARTMENT GITY OF SAINT PAIIL F le ci1N0.
BLL1.E - MAYOR
� ncil Resolution
Presented By
Ref To Committee: Date
Out of Committee By Date
RESOLVED, That the Counc il of the City of Saint Pau 1
hereby approves :
"A bill for an act relating to the sale of property
by a port authority; amending Minnesota Statutes
1974, Section 458. 196. ��
and recommends the same to the Ramsey County 5enate and House
delegations .
:a
COUIVCILMEIV Requested by Department of:
Yeas Nays �
Christensen
Hozza � In Favor
Levine
Rcedler B
Sylvester Against Y
Tedesco
President Hunt
Adopted by Council: Date `�N ? 8 ��J Form Approved by City Attorney
Certifie y Council Secretary� BY
By
Appro b Mayor• Date Approved by Mayor for Submission to Council
By -$y
� �� V �
� ' ' ; . 1-21--75 City of S�t. Pau1 Bill No . �
A b i 11 f o r an a c t ����,2�
� relating to the sale of property by a port
authority; and amending Minnesota Statutes
1971� , Section 458. 196 .
i
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESQTA:
Section l . Minnesota Statutes , 19?4, Sec�ion 458 . 196
is amended to read:
458. 196 (SALE OF PROPERTY) Subdivision l. When a
port authority deems it for the best interests of the district
and the people thereof and in furtherance of its general plan
. of port improvement , or industrial development , or both, it
, may sell and convey any property or part thereof owned by it
. • wiLhin u port or industrial district . This section shall not be
limited by other laws pertaining to powers of port au�horities .
Subd. 2 . When selling and conveying real property the
�}�e port authority shall give notice o�f the proposed sale by
a er ublished and of general circulation
publication in a newsp p p
in the county and port district at least ten days before the date
fixed for the hearing thereon. The notice shall describe the real
property to be sold and state that the terms and conditions of
the sale are available for public inspection at the office of
. . the port authority and that at the time and place specified in the
e au�horit will mee� to hear and determine the advis-
notice th Y
ability of the sale . Th�e hearing shall be held not more than
20 days from the publication of notice. At the hearing the
authority shall hear the reasons of any taxpayer in the port
� district for or against the sale .
�
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Subd. 3 • Within 30 days after the hearing, the authority .
shall make its findings and determination on the advisability of
making the sale of real property and enter its determination on
its records . Any taxpayer may appeal the determination of the
authority by filing a notice of appeal with the district court
of the county in which the district is located, and serving the
same upon the secretary of the port authority, within 20 days
of the entry of the determination but no appeal shall be allowed
except on the grounds that the action of the authority was :
.
• arbitrary, capricious , or contrary to law.
' bd. 4 . The terms and conditions of sale of any real
Su
property shall include the use which the bidder will be permitted
to make of it . The authority may require the purchaser to file
security as assurance that the property will be used for that
purpose. In determining the sale terms and conditions the port •
authority may consider the nature of the proposed use and the
relation thereof to the improvement of the harbor, the riverfront
and the city of the first class and the business and the facilities
of the port authority in general. All sales of real or personal
. �roperty shall be made upon such terms and conditions as the port
authority may prescribe . In any case the port authority ma�y place
I
real or personal property on the market for sale upon advertisement
for bids published in the same manner as and simultaneously with
the notice of hearing required in this section for real property
and award the sale in accordance with the bid deemed by it to be
. most favorable having regard to the price and the intended
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use specified, but the port authority shall have the power to -
sell $a�� such properties at private sale at a negotiated price
if such sale is deemed in the public interest by the port
authority and in furtherance of the aims and purposes of
sections 458 . 09 to 458. 1991, and in the case of real property
� after hearing as herein required.
Subd. 5. ��e-���e�ase�-s�a��-w�����-e�e-�ea�-��e�-��e-�a�e
e€-��e-���e�a�e;-�e�a�e-��e-g�a�e���-�e-��s-���e��e�-��e;-e�-��a?�
ee�e�ee-�e��-e�-��e-����e�e�e��a-��e�ee�-�e-�e�e�.e-��-�e-��e�
� �se;-���-��-�e-€a}�s-�e-�e-se;-��e-�a��-a���e����-�a�-ea�ee�-��e
� sa�e-a��-����e-�e-��e-gne�e���-s�a��-�e�e��-�e-�� . The port
authority may provide that if the purchaser of real property
shall, within one year from the date of the purchase , fail to
devote the real property to its intended use, or shall fail
to commence work on the improvements thereon to devote it to �
such use, the port authority may cancel the sale in which ev�nt
title to the real property shall revert to it . Extension of �
. . time to comply ���ith such condition may be granted by the port
authority on good cause shown by the purchaser. The terms of
� sale may contain any other provision by the port authority which
it deems necessary and proper to protect the public interes�. No
purchaser shall transfer title to such real property within one
year without the consent of the port authority.
Subd. 6 . ���-6a�es-�a�e-��-aeea��a�ee-w���-��e-��a��s�e��
o€-��}s-see��e�-s�a��-�a�e The port authority may incorporate� in
the instrument of conveyance of title of real property sold in
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:�ccordance with the provisions of this section the conditions
of sections �{58 . 09 to 458 . 1991 relating to the use of the
land as a covenant running with the lands . Any violation
of such covenant shall result in a right by the authority
to declare a breach of the covenant running with the land
and seek a judicial decree from the district court declaring
a forfeiture and a cancellation of any deed sa given.
' Subd. 7 . No conveyance of real property shall be made
• until the purchaser shall have submitted to the port authority
. ��a�s-a��-s�ee��}ea��e�s-�e�-��e-�e�e�e�r�e��-e�-��ie-��e�e���-s6?�,
� a written statement of intended use and development of the real
property sold, and said g�a�s-a��-s�ee���ea��s�s written statement
shall be approved in writing by the port authority . �ewe�e�;
�e�����-l�e�e}�-s�a��-�e����e=�ke-��ega�a��e�-a�-���a�-��a�s-a�d
sgee�€�ea��e�s-bete�e-�l�e-l�ea���g-e�-��e-sa�e;-�t��ess-se-���ee�e�
�3�-��e-a�t��e����.
�.
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