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265277 WH17E - CITV CLERK Y}�� PINK - FINANCE CO13I1C11 ��. ■/�,� CANARY - DEPARTMENT GITY OF SAINT PALTL File NO. �'4' �� BLUE -MAYOR 4� �- ou cil Resolution Presented By �^- � Ref To Committee: Date Out of Committee By Date RESOLVED� That the Council of the City of Saint Paul hereby approves : '�A bill for an aet relating to the port authority of the city of St. Paul ; setting forth provisions with respect to bonds , sale of property� exemption of port authority property from liens , unlawful detainer actions involving the port authority, and tax increment financing; repealing Extra Session Laws 1971� Chapter 35, Section 8. " and reeommends the same to the Ramsey County Senate and House delegations . COUNCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine 0 Rcedler A gai ns t BY Sylvester Tedesco President Hunt A� 2 �� Form Approved by City Attorne Adopted by Council: Date Certifie sse y Cou il Secretary BY . Appr d by Mayor: D Approved by Mayor for Submission to Council By By tret.isHEO AP 121975 , , ° ' ��V�� � ( A bill for an act relating to the port authority of the city of St. Paul; setting forth provisions with respect to bonds, sale of property, exemption of port authority property from liens, unlawful detainer actions involving the port zuthority, and tax increment financing; repealing Extra Session Laws 1971 , Chapter 35, Section 8 . � BE IT .ENACTED BY THE LEGISLATURE OF THE STATE OF MIN�TESOTA: Section 1. [PORT AUTHORITY OF THE CITY OF ST. PAUL; ADDITIONAL POWERS. ] In addition to the powers granted to and duties imposed upon port authorities by Minnesota Statutes, Chapters 458 and 474 and any other provision of law, and notwith- standing any law to the contrary, the port authority of the city of St. Paul (hereinafter referred to as "the port authority") may exercise the powers granted and shall perform the duties imposed by this act. Sec. 2. [BONDS . ] Subdivision 1 . Any revenue bonds issued by the port authority pursuant to law may be refunded by revenue bonds issued pursuant to Minnesota Statutes , Chapter 458 or 474. Subd. 2. Bonds issued by the port authority pursuant to law shall be executed in such manner as may be determined ' by the port authority. • ` • Sec. 3 . [SALE OF PROPLRTY. ] Subdivision 1 . ������ When the port authority deems it for the best interests of the port district of the port authority (herein- after referred to as "district" or "port 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 within � the port or any industrial district within the port district. . This section shall not be limited by other laws pertaining to powers of port authorities. Subd. 2. When selling and conveying real property the port authority shall give notice of the proposed sale by publication in a newspaper published and of general circulation in Ramsey county and the 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 pla oe specified in the notice the port authority will meet to hear and determine the advisability of the sale. The hearing shall be held not more than 20 days from the publication of notice. At the hearing the port authority shall hear the reasons of �any tax- payer in the port district for or against the sale. Subd. 3 . Within 30 days after the hearing, the port _ authority shall make its findings and determination on the ad- visability of makinq the sale of real property and enter its determination on i�s records . Any taxpayer may appeal the . -2- ������� determination of the port authority by filing a notice of appeal with the district court of Ramsey county, and serving the same upon the secretary of the oort 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 port authority was arbitrary, capricious, or contrary to law. Subd. 4 . The terms and conditions of sale of any real property shall include the use which the bidder will be permitted to make of it. The port autharity may require 4he purchaser to file security as assurance that the prop.erty 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 riverfront and the city of St. Paul and the business and the facilities of the port authority in general. Al1 sales of real or personal property shall be made upon such terms and conditions as the port authority may prescribe. In any case the port authority may place 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 use specified, but the port authority shall have the power to sell such properties at private sale at a negotiated price if such sale� is deemed in the public in- terest by the port autliority and in furtherance of the aims and -3- . ��5��� _ � purposes of Minnesota Statutes , �ections 458 . 09 to 458 . 1991 , and in the case of real property after hearing as herein re- quired. Subd. 5 . The port authority may provide that if the pur- chaser of real property shall , within one year from the date of the purchase, fail to devote the real property to its in- tended 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 event title to the real property shall revert to it. Extension of time to comply with 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 interest. No purchaser shall transfer title to such real property within one year without the consent of the port authority. Subd. 6 . The port authority may incorporate in the instrument of conveyance of title of real property sold in _ accordance with the provisions of this section the conditions of sections 458. 09 to 458. 1991 relating to the use of the Iand 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 anc� seek a judicial decree from the district court declaring a forfeiture and a cancellation of any deed so given. Subd. 7 . No conveyance of real property shall be made by the port authority until the purchaser shall have submitted -4- � to the port authority a written st�itement of inter.ded use �nd . . development of the real property sold, and said writt����e"�nent shall be approved in writing by the port authority. Subd. 8. t10 real property owned by the port authority shall be sold or exchanged nor snall the title thereto be transferred without the unanimous approval of the members of the port authority present and voting when such sale, conveyance, exchange or transfer of real property is authorized, provided that the approval of at least four members of the port authority shall be required. Any member of the port authority may abstain from voting on such sale or exchange of, or transfer of title to such property, or on any other matter, for any reason. Sec. 5 . [PROPERTY EXEMPT FROM LIEN. ] There shall be no right to a lien as provided for in Minnesota Statutes, Chapter 514 , upon property owned by the port authority, or the city of St. Paul, when a contractor ' s bond to secure performance of contracts with such public bodies and to secure payment of laborers and materialmen has been given to the public body, � provided that the penalty of such boncl is equal to or greater than the contract price. Sec. 5. [UNLAWFUL DETAINER ACTIONS. ] In all unlawful � detainer proczedings pursuant to Minnesota Statutes , Chapter 566 , where the landlord is the port authority and the tenant ' is a commercial tenant with respect tothe propert� in question, trial shall be by the court and no party may demand a trial by jury. Such proceedings shall take precedence and priority over any other action bef_ore the court other than similar actions commenced prior to the commencement of said proccedings . 1 -5- , _ . . . 265�`7"� _ . Sec. 6. [TAX INCREMENT FINANCING. ] Subdivision 1 . �. The provisions of this section shall apply to the port authority notwithstanding and in lieu of the provisions of Minnesota Statutes, Section 458.192 , Subdivisions 11 and 12, applicable to port authorities generally. Upon or after the creation by the port authority of an industrial development district under section 458.191, the auditor of Ramsey county shall upon request of the port authority certify the then most recently determined assessed valuation of all or so much of the taxable real pro- perty within the district as is identified by legal description in the request as a tax increment district, other than that por- tion of the valuation which is contributed to an area-wide tax base under Minnesota Statutes, Chapter 473F. The auditor shall certify to the port authority in each year thereafter the amounts and percentages of subsequent increases or decreases in such valuation other than that portion of such increases or decreases which is contributed to an area-wide tax base under Minnesota Statutes, Chapter 473F. The auditor shall compute the mill rates or taxes against such original valuation but shall extend such rates also against any incremental value and remit the resulting tax increment to the port authority in �he same manner as that provided for the computation and remittance of tax increments under section 462. 585 , subdivisions 2 and 3 . The port authority shall segregate tax increments received with respect to any such property located in said tax increment district is a special account on its official books and records. Such . , -6-. _ - . . ��5�"7'7 .� J tax increments shall be remitted to the port authority until the cost of redevelopment of the marginal land within the tax increment district, incZuding interest thereon, has been fully reimbursed from the tax increments. When such full reimbursement has been made, it shall be reported by the port authority to the Ramsey county auditor, who shall thereafter include the entire assessed valuation of the property in the assessed valua- tions upon which tax mill rates are computed and extended and taxes are remitted to all taxing districts. Any part or all of such tax, if so directed by the St. Paul city council, shall be pledged and appropriated for the payemnt of any general obliga- tion bonds of the port authority. Increases in .the value of such property, subsequent to certification of the base for computing the tax increment therefrom, shall not be included in the assessed valuation of any taxing district for the purpose of `computing any debt or levy limitation or the .amount of any states or federal aid to the taxing district, so long as the tax increment therefrom is segregated' under the provisions of this section. Subd. 2. The total acreage of land zoned for industrial � use included in any one tax increment district certified to the Ramsey county auditor by the port authority under subdivision 1 of this section shall not exceed three pereent of the total acreage of the city of St. Paul which is zoned for industrial use at the time of such certification. Upon certification of a new tax increment district the total acreage of land zoned -7- � . ��5�`7`7 . � for industrial use within the district shall not, when added to the total curren-t acreage of the land zoned for industrial use included by the port authority within all tax increment districts for which unrecovered costs remain, exceed ten percent of the total acreage of the city of St. Paul zaned for industrial use. Sec. 7 . [RFPFA.LED. ] Fxtra Sesstion Laws 1971, Chapter 35, Section 8 , is repealed. -8- _ . . . . ,..._..__...._�...,.e..,,,....,.,.._,,......,�,...�>,�..,r�-�...,,w+w.�,..,,�;•.,.-,n,'-.;•.�n.s.o-�'.S!�'?'G»!--�:� ., , -. --. ..;-r:.-.�.-.-�.'__. ..._._--•�---�.. . , ...-.._.- . , . ,�e:,.,.r.,..n..- .. .,. �.�+�.-,+ .�..