253144 ORIGINAL TO CITY CLBRK �
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CITY OF ST. PAUL H�UNCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED� That the Council of the City of Saint_ Paul
hereby approves :
��A bill for an act relating to port authorities ;
amending Minnesota Statutes �96g, Sections
458.09, Subdivision 2; 458 . 16, Subdivisions
3, 4, and 5; 458 . 191, Subdivisions 1 and 2;
458. 192; 458 . i93, Subdivisions 1 and 6;
458. 194, Subdivisions 1 and 3; 458 . 195;
458. 196, Subdivisions 1 and 6; 458 . 197 ;
458. 199; 458. 1991; amending Minnesota
Statutes i96g, Chapter 458 , by adding a
section; repealing Laws 1963, Chapter 254. "
and recommends the same to the Ramsey County Senate and
House delegations .
�ORM APPROVED.
7\ o���.�0-�'6 � �d�..'l�._�,ti,
Asst. Corporation Cou?tisel
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MAR i S 1971
COUNCILMEN Adopted by the Councii 19—
Yeas Nays
� But�er MAR 18 1971
Carlson ve� 19—
Levine � Tn Favor
Meredith
Sprafka � Mayor
A gainst
�e'scv�
Mr. President, McCarty
MAR 2 0 1911
r?UBLISHED ��
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A bill for an act
relating to port authorities ; amending
Minnesota Statutes 1969 , Sections �-158. 09,
Subdivision 2; 458 . 16, Subdivisions 3, � ,
and 5 ; 458 . 1g1, Sub divisions 1 and 2;
�+58 . 192; 458 •193 , Subdivisions 1 and 6 ;
458 . 1g�+ , Subdivisions 1 and 3; �►58 . 195�
�458 , 1g6, Subdivisions 1 and 6 ; 458 . 197;
1}5g , 1gg ; �}58 . 19q1; amending Minnesota
� Statutes 1969 , Chapter �-458 , by adding a
section; repealing Laws 1g63, Chapter 254 .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1.969, Sec�tion 458 .09,
Sub division 2, is amended to read:
Subd. 2 . Any port authority , created and e�isting
pursuant to this section, the membership of which has
been appointed under Minnesota Statutes , Section �l5B .10,
Subdivision l, shall have jurisdiction and shall be
empowered to exercise and apply any and all of its po�rers
and duties , as defined in sections 458. 09 to ���=�99�
�458 .1992, at any place or places within the entire
geographical area included within the boundary limits of
the city of the first class in which said port authority
is located, and said area of operations shall be known
and described as the port di_strict . In addition thereto
such ort authority located in the metropolitan area,
as defined in Minnesota Statutes Section �73c . 02 arid 'che
7 �overning b ody of any other municipality located in su�ch
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metropolitan area may, by agreement, provide for such port
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authority to perform within_any geographic area in the
inunicipality, the legal description of ��rhich shall be deter-
mined by the agreement, any and a1_1 of the functions and
services such port authority may perform z�ithin the port
district; provided that such port authority a,nd the govern-
ing body of the municipality and of the city of the first
class for which the port authority was created jointly find
that such agreement will be of common benefit to the
municipality, the port authority and such city of the first
class in a manner consisten�t with the purposes and objects
of sections �-58. 09 to 458. 1a92. For the purpose of per. form-
ing such functions and services the port authority sha.11 be
empowered to exercise and apply any a.nd all of its po��rers
and duties, as defined in sections ��5�3. 09 to 458. 1992, at
any place or places within such area with the same force
and effect as if such a,rea were located within the port
district, includin� but not limited to the potaer to issue
bonds or notes for the purposes described in and in
accordance with sections �-58. 193 and 458. 1g4, as the case
may be. Such municipality maY f or the purpose of making
and implementing such agreement, exercise and apply, in
t addition to the powers and duties assigned to such a
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� " munici ality by 1at•r or charter, the same powers and duties
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� such city of the firs�; class is authorized to exercise and
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applv under sections 458. 15 and �458.16, arid the sarrie �o��rers
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and �duties such port auth;orlty is auth:orized to exercise
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arid �apply urider "sect�ion �458.�191} . I�ri addztiori such
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municipality may issue general obli.gat;i:on bonds i,n
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accordarice with tYie �rovisions of Miriries�ota Sta�Lu"tes ,
Chapter �175, for any of the purposes for whicFi general
obligation bords may be issued pursuant to Mi�ririesota
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Statutes ,' Sec'tion �-458 . 193 . The power to lease property
which the port authority , in its di�cre�;ion, believes
suitable and proper to be put to use by the port
authority in the execution of �.ts duties and
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responsibilities is r.a� to be deemed limited to said
port dis�rict, but the port authori.ty shall have the power
to lease such property either within or without said port
district for such purpose .
Sec . 2. I�Iinnesota Statutes 1969, Section 458. 16,
Subdivision 3, is amended by deleting said subdivision
and inserting in lieu thereof the following:
_
Subd. 3 . � Any such port author�:ty as is hereby
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created arid existing urider the p�ov�s�ons of secti�ons
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. �185 . 09 to �58• 1992 �ri th:e c�;ty of St . Paul may� plari for�
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acquire by condemnation, purchase oz otherv�ri:se, construct,
�.m�rove? operate, direc�lyT, by lease or other��trzse, and
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mainta�n parks arid otner recreation fac-ilities alo7�g
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� riavigab le rivers and lakes within its port district�,' �on
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lands abutting thereon, and at any other place or
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�laces wi.:thiri the �ort di.strict` arid� sh�a11 establisi2
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regulations c�ontrol�l�i�ng t'�_e use� `o�' such� rzvers , lakes ,
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� �arks , and recreati:on facilities ezther alone as such
�ort author�.�ty a ar in cooperat�on w�ith' `tfie United
States `government or i�s 'agencies , the 'city� of St.
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Paul, the state of T�Tinriesota and any agency or political
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subdivisiori thereof. Such port authority shall not
have police po�,rer except as provided by this subdivision,
nor shall it take larids owned, coritrolled, or used
� the city of St . Paul without conserit of t�e governing
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body thereof; but for all other recrea�iori purposes
the port authority shall have jurisdiction over the
use of all such navigable rivers or lakes and all
such parks and recreatiori facilities . Such port authority
is hereby authorized
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to expend port authority moneys in order to carry out
the powers and purposes set forth in this subdivision
and to issue bonds therefor in accordance with the
provisions of section �58. 193 or 458. 1gL�, as the case
may be.
Sec. 3. Minnesota Statutes lg6g, Section �-58. 16,
Subdivision �, is amerlded to read:
Subd. �-. Any port authority operating under the
provisions hereof and also under the provisions of
Minnesota Statutes, Sections �-58. 1g1 to �+��:��99�
�58. 1992 inclusive shall be authorized to deposit al1
funds and income accruing to it from any source
whatsoever, whether it be the opera�Lion of the said
port au�hority under the provisions of this act or
its operations under Minnesota Statutes, Sections
�+58. 1g to �+�8.-�99� �+58. Zgg2, in a single bank account
in a banking depository autho.rized by law.
Sec. 4. Minnesota Statutes Zg69, Section �58. 16,
Subdivision 5, is amended to read: .
Subd. 5. In furtherance of any of its authorized
purposes any port authority or any seaway port authority
may in its discretion provide for membership in any
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official, industrial, commercial, or trade association,
or any other organization concerned with such purposes,
for receptions of officials or others as may contribute
to the advancement of the port district and any ����s���a�.
economic development therein, and for such other public
relation activities as will promote the same, and such
activities shall be considered a public purpose.
� Sec. 5. The title of Minnesota Statutes Zg69,
Section �-58. 191, is amended to read:
459, 191 ��F��'�g�f�� ECONO�YIIC DEVELOPMENT
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DISTRICTS.7
Sec. 6. Minnesota Statutes 1�6�a Section 458. 191,
Subdivision l, is amended to read:
Subdivision l. The port authority of any port
district created and existing under section �-4�58. 10,
subdivisions 1 or 2 may, after a public hearing thereon
of which at least ten days notice shall be published in
a daily newspaper of general circula�;ion in the port
district, create ����s���a� economic development districts
within the port district and define the boundaries
thereof if it f.inds that the creation of such development
district or districts is proper and desirable in
establishing and developing a system of harbor and river
improvements and ��.d�a���a�:-de�e�e�r�e��s-}�-eae�-�e�=�
�}s��}e� promotin� economic deve].opment in the port
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district.
Sec . 7 . Minnesota Statutes 1g69, Section �458 . 191,
Subdivision 2, is amended to read:
Subd . 2 . It is hereby declared to be the public
policy of the legislature of the state of Minnesota that
it is in the public interest to empower the port authority
to employ the power of eminent domain, and for such port
authority to advance and expend public moneys for the
purposes contained in �a�s-�9��;-6�a��e�-g��- sections
458 .09 to �-158 •1992, and to provide for means by which
marginal area properties may be developed or redeveloped
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in accordance with the legislative policies hereinafter
stated.
(1) A sound development of the economic security
of the peoples of the city of the first class in which
is situated such port authority is dependent upon
proper development and redevelopment of marginal
properties , and the general welfare of the inhabitants
of the port districts in which they exist require the
remedying of such injurious conditions to which
marginal properties are now subject; and �
(2) The development and redevelopment of such
marginal area properties cannot be accomplished by
private enterprise alone without public participation
" and assistance in the acquisition of land and planning
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and in the financing of land assembly in the work of
clearance, development and redevelopment, and in the
making of improvements necessary therefor.
(3 ) To protect and promote sound development and
redevelopment of marginal lands as hereinafter defined,
and the general welfare of the inhabitants of the port
districts in which they exist, to remedying such injurious
� conditions through the ernployment of all appropriate means .
( �4) That whenever the development or redevelopment
of such marginal lands cannot be accomplished by private
enterprise alone, without public participatiBn and
assistance in the acquisition of land and planning and
in financing of land assembly in the work of clearance,
development and redevelopment, and in the making of
improvements necessary therefor, it is in the public
interest to employ the povaer of eminent domain, to
advance and expend public moneys for those purposes,
and to provide for means by which such marginal lands
may be developed or redeveloped.
(5) That the development or redevelopment of such
margi_nal lands and the provision of appropriate
continuing land use constitute public uses and purposes
for tiahich public moneys may be advanced or expended
. and private property acquired, and are governmental
functions and are of state concern in the interest
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of health, safety and welfare of the peoples of the state
of Minnesota and of the communities in which such areas
exist .
(6 ) That the necessity in the public interest for
the provision of ���as-�g�,�;-Gl�a}��e�-���; sec��.ons a�58. 09
to �458 . 1992, is declared to be a matter of legislative
determination.
� Sec . 8 . Minnesota Statutes Zg69 , Section 458. 192,
is amended to read:
�158, 192 [ADDITIONAL pOWERS . ] Subdivision 1. In
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addition to all powers conferred on such port authority
under Minnesota Statutes , Sections �158009 to �{58 . 19,
such port authority, to accomplish the purposes set
f orth in subdivision 1 of section 1-158 . 191, shall have
such additional powers as hereinafter described in
subdivisions 2 through 10 of this section.
Sub d. 2 . It may acquire by lease, purchase, gift,
devise, or condemnation proceedings all necessary right,
title and interest in and to lands and buildings required
for the purposes contemplated in the creation of such
��d�����a� economic development districts and pay therefor
out of funds obtained by it as hereinafter provided, and
hold and dispose of the same subject to the limitations
� and conditions herein prescribed. Title to any such
property acquired by conc�emnation or purchase shall be
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in fee simple, absolute, but any such real or personal
property or interest therein otherwise acquired may be
so acqui red or accepted subject to any condition which
may be imposed thereon by the grantor or donor and agreed
to by the port authority not inconsistent with the
proper use of such property for the purposes herein
provided. Any properties , real or personal, acquired,
owned, leased, controlled, used or occupied by the port
authority for any of the purposes of this section are
declared to be acquired, owned, leased, controlled, used
and occupied for public governm.ental and municipal
purposes and shall be exempt from taxation by the state
or any of its political subdivisions . Such exemption
from taxation applies only when the port authority
holds property for its own �urpose . When property
is sold, this exemption from taxation shall not apply ,
and the property shall be returned for taxation to
the tax rolls . Such port authority shall have the
power to execute options for purchase , sale or lease
of property .
Sub d. 3 . It may exercise the right of eminent domain
in the manner provided by Minnesota Statutes , Chapter 117 ,
or under the provisions of the home rule charter of the
city in which said port authority is located for the
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purpose of acquiring any property which it is authorized
to acquire by condemnation. The fact that the property
so needed has been acquired by the o�aner under eminent
domain or is already devoted to a public use shall not
prevent its acquisition by such port authority by the
exercise of the right of eminent domain, provided that
the acquisition of such sites and property has tYie
approval and ratification of the governing body of the
city in which said port authority is located. The port
authority may take possession of any such property so
to be acquired at any time after the filing of �he
petition describing the same in condemnation proceedingse
It shall rlot be precluded from abandoning the condemnation
of any such property in any case where possession thereof
has not been taken. -
Subd. �# . It may contract and be contracted with in
any matter connected with the purpose of ��������a�
economic development within the powers of the port
authority herein given.
Subd. 5 . It may acquire rights or easements for
terms of years or perpetually to accomplish the purpose
of such }�a�����a�-������e��i economic development .
Subd. 6 . It may purchase all supplies and materials
necessary in carrying out the purposes of this sectione
Subd . 7 . It may accept from the United States of
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America or state of Minnesota or any of their agencies
or any local subdivision of government under the state
of Minnesota, land, moneys or other assistance, �ahether
by gift , loan or othercaise , for the purpose of carrying
out the purposes of ba�6-e�-�9�=�;-�l�a}a�e�-8��; sections
458 .09 to �458 . 1992, and of acquiring and developing
}�������a� economic development districts and facilities
� as contemplated herein.
Subd . 8. Such port authority , in connection with
acquisition of land for and the development of ��������a�
economic development districts , may exercise °all the
powers of governmental subdivisions within the meaning
of Minnesota Statutes , Section 282 .01, and pursuant
thereto shall have all the powers similar to the city
of the first class in which it is located to acquire,
by any means provided by law, lands forfeited for
non-payment of taxes to the state of Minnesota.
Subdo 9 . It is hereby declared that the purposes
of �av�e-�9��;-61�a��e�-���; sections i-158 . 09 to �158 . 1992,
in the pro�ram herein set out for the creation and
development of }����#���a� economic development districts
is in the public interest, and Lo implement the program,
it is essential that tax-forfeited lands , the title to
which has vested in the state of P�Iinnesota, be conveyed
to such port authority for a nominal consideration of
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$1 per tract for use and subsequent resale as found
expedient by such port authority in furtherance of the
purpose of �av�s-�}��;-Sl�a��e�-��� .- Sections 1458. 09 to
�+58 . 1992 .
It is declared that any proposed resale of ���l�s����a�
economic development lands to private parties, or the use
in any manner thereof by such port authority in the way of
� ����s���a� economic development, requires that such port
authority acquire title to all lands within the area of
the }���s���a� economic development district free and
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clear of any possibility of reverter to or right of
re-entry by the state of P�7innesota, for the reasons or
under the circustances set forth in Minnesota Statutes ,
Section 282 .01, Subdivision 1 .
The commissioner of taxation of the state of Minnesota
is authorized and shall convey to any such port authority
parcels of tax-forfeited lands in such ��������a�
economic development district , petition for the conveyance
of which has been made to such commissioner under the
provisior�s of ��.�a�-�9��;-��a��e�-���; Sections 458 . 09
to 458 . 1992, upon payment by such port authority of the
nominal consideration of $1 for each tracL of land so
acquired.
. Any such deed of conveyance shall be upon a form
approved by the� attorney general and shall convey to any
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such port authority an absolute title to such tract or
tracts of land, subject only �o the reservation of
minerals and mineral rights, pursuant to Minnesota
Statutes, Section 282. 12; such deed� of conveyance sha11
not contain any condition or other provision with
reference to the use to which the premises shall be
put, and by such conveyance the state of I�Iinnesota
shall be divested of any and all further right, title,
claim or interest in and to such tracts, subject,
however,' to the mineral reservation hereinabove re�'erred
to. «
Subd. 10. Such port authority shall have the
authority to sell or lease the land held by it for
river, harbor or ��a�s���a� economic developmerzt in
���tts���a� economic development districts . It may, ii' proper
in the public interest, acquire, construct, reconstruct,
improve or extend suitable buildings or structures
upon any land owned by it and, if deemed necessary
for the purposes to be served by such buildings �
and structures, it may install or furnish capital
equipment to be located permanently or used exclusively
on such lands or in such buildings all for the purpose
of leasing or selling the same to private persons in the
further ���t�s����.� economic developmen� of such ���K����a�
economic development district. I� may exercise its authority, herein
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given, to the acquisition, development, sale or lease of
single or multiple tracts of land to be developed,
irrespective of size, l�a���g-��-���-��a�-��e-����ese-e�
�aws-�9��;-Sl�a��e�-���;-��-��e-��d�s���a� for the purpose
of promoting the economic development of the district .
Sec. g . Minnesota Statutes lg6g, Section �158 . 193,
Subdivision 1, is amended to read:
Subdivision 1. In anticipation of the receipt by the
port authority of payments , appropria�;ions , rents and
profits and of income from any other source and for the
purpose o#' securing funds as needed by such port authority
for the payment of the cost of property acquired and for
other purposes as herein authorized, the port authority
is hereby authorized to issue bonds in such principal
amount as shall be authorized by the governing body of
the city of the first class in which such port authority
is situated . Such bonds shall be in such amount and form
and bear interest at such rate as the said governing body
of such city of the first class shall prescribe and shall
be sold by such port authority to the highest bidder
therefor after notice of the time and place for the
receiving of the bids has been published once at least
two weeks prior to the date of receiving bids . Except as
otherwise provided in �a��-�9��;-�l�a�#�e�-8��; Sections
1158 .Og to �15� . 1992, the issuance of the bonds herein
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authorized by such port authority shall be governed by
provisions of Minnesota Statutes, Chapter 475, and such
port authority when issuing such bonds shall be deemed
to be embraced within the meaning of the term "murlicipal
corporation" as said term is used in Minnesota Statutes ,
Chapter �75 • Notwithstanding any provision to the
contrary included within Lhe charter of any such city
. or any general or special law of the state of Minnesota,
such bonds may be issued and sold without submission of
the question thereof to the electors of such city of the
first class, provided, however, that the ord�nance of the
governing b ody of such city authorizing issuance of such
b onds by such port authority shall be subject to any
provisions in the charter of such city pertaining to the
procedure for referendum of ord�_nances enacted by such
governing body . Any such bonds issued by any such port
authority of any such city of the first class shall not
be included in computing the net indebtedness of such cif,y
of the fiz°st class under any applicable law or charter
provision. The receipt and expenditure of any moneys
. received hereunder shall not be included within the
definition of any limitation imposed or per capita taxing
or spending in the charter of any such city of the first
'� class, and such exemption from such limitation shall apply
� to such port authority . The taxing powers granted to
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� cities of the first class in connection with �a�e-�9��;
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8�a��e�-���; Sections �458 .09 to 458 . 1992, in any manner
shall be in addition to all taxing powers now possessed
by them.
Sec . 11 . Minnesota Statutes 1969, Section 458 . 193,
Subdivision 6, is amended to read:
Subd. 6 . Bonds legally issued pursuant to �a��-�9��;
G�a��e�-���; Sections 458 . 09 to �58. 1992, shall be deemed
� authorized as securities within the provisions of Minnesota
Statutes , Section 50 .14, and shall be proper for the
investment therein by any savings bank or trust company,
insurance company, or sinking funds held by �.ny public or
municipal corporation, and may be pledged by any bank or
trust company as security for the deposit of public
moneys therein in lieu of surety bonds . Such b onds shall
be deemed and treated as instrumentalities of a public
governmental agency and as such, exempt from taxation.
Sec , 12 . Minnesota Statutes 1969 , Section 458. 19�4 ,
Subdivision l, is amended to read:
Subdivision l. The authority is hereby authorized
and empowered to provide by resolution for the issuance
at one time , or in series from time to time, of revenue
bonds of the authority for the purpose of providing funds
� for paying the cost of the acquisition of land necessa.ry
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i construction, i'nstallaLion or furnishing of capital
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equipment and operation of any port or ����s���a� econcmic
development facilities , including but not limited to
docks, wharves , warehouses , piers , factories, plants ,
workshops, office buildings and any other port, terminal,
transportation or commercial or industrial �ae}����
facilities within its jurisdiction, or for paying the
cost of any extensions , enlargements or improvements
. of any project under control of the authority . Revenue
bonds issued by the authority may include such amount as
deemed necessary to establish an initial reserve for .
payment of principal and interest of the b onds and to
pay any prem.ium on insurance taken out to secure payinent
of all or part of such princi_pal and interest . Such bonds ,
and any interest coupons to be attached thereto, shall be
executed in such manner as may be dete.rmined by resolution
of the port authority .
Sec . 13 . Minnesota Statutes 1969, Section �-158. 19�1 ,
Subdivision 3, is amended to read:
Subd . 3 . The sale of such revenue bonds issued by
the port authority shall be at public sale pursuant to
section 475060, or in accordance with the procedures set
forth in sections �474 .01 to 47�1 . 13. Such bonds may be sold
in the manner and for the price that the port authority
determines to be for the best interest of the port
authority, b ut no such sale shall be made at a price so low
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as to �e��}�e-��e-�a��e��-e�-��#�e�e��-e�-��e-�e�e�-�eee��e�i
�fie�e�e�-a�-�e�e-�l�a�-e}��-�e�+ee��-�e�-a����;-ee�p�#�e�-����
�e�a��e�-�e-�Y�e-a�se���e-�a��.����-a�-��e-�e��a-��-aeee��a�iee
v���l�-s�a��a��-�ab�es-e€-�e�c�-�a��e�;-e�:e��d��g-��e�-�t�el�
ee�p��a��e�-�l�e-a.�e���-e�-a��-��e���.�-�e-�e-�a��-e�
�e�e�g��e�-e�-a��-�s�d�-���e�-�e-�a���3ti� cause the average
annual rate of interest on the money received therefor to
exceed eight percent ber annum, computed by adding the
amount of �he discount to the total amount of interest
payable on all obligations of the series to their stated
maturity dates . Such bonds may be made callable, and if
so issued may be refunded.
Sec . 13. Minnesota Statutes 1'96g, Sections �+58 . 195�
is amended to read:
�}58 . 195 [ADDITIONAL P0�'ERS . 1 Subdivision l. A
port authority shall have the further potiaer and authority
to cooperate with or act as agent for the federal
government, the state or any state public body or any
agency or instrumentality of the foregoing, to carry out
the purposes of bax��-�9��;-�l�a�#�e�-8��3 sections �158. Og to
�158. 1gg2, or of any other related federal, state or local
legislation operative within the area of river, harbor and
����i����a� economic development district improvement.
Subd . 2 . Such port authority shall have the auth ority
to carry out studies and analyses of the ��������a�
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economic development needs ��aithin its area of operation,
and of ineeting those needs ; to study the desirable patterns
for ��d�s���a� land use and community growth and other
factors affecting ��e-�e�e?_e��e��-o�-�eea�-����s��}a�
economic development within the district and make
the result of these studies available to the public and
industry in general; to eng�ge in research and disseminate
� information on river, harbor and }�������a� economic
development within the port district .
Subd . 3 . Each commissioner, including the chairman,
shall be paid for attending meetings of the port authority,
regular and special , $25 per meeting, the aggr. e�;ate of
such payments to any one commissioner for any one year not
to exceed $600 .
Subd . �4. Such port authority shall have the power
to hire and employ all personnel necessary to carry out
its program and the responsibilities placed upon it by
�a��-�}��;-��a��e�-���; sections 458 . Og to 458. 1992,
including a chief engineer and a general counsel to serve
the engineering and legal needs of such authority , the �
latter to be the chief legal advisor to such authority .
Subd . 5 . Such port authority shall have the power
to accept conveyances of land from all other public
. cor�orations or agencies , commissions or other units of
government , inc'luding the Housing and Redevelopment
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Authority of the City of Saint Paul, the Metropolitan
Council or any agency thereof and the Metropolitan Airports
Commission of the State of Minnesota, if such can be properly
utilized by such port authority in any river, harbor and
����s���a� economic development district, �o carry our the pur-
poses oi' �a�s-�9��3-��a��e�-g�� sections 458. Og to 458. 1gg2.
Subd. 6. It sriall have the pot�Ter in carryin� out
. the pr•ovisions for which said }�.����u�a� economic
development district has been created, to develop and
improve the lands within such ����s���a� economic
development district to make the sarne suital�le and
available for �z���s���a� economic development uses
and purposes; to dredge, bulkhead, fill, grade and pro�ect
such property; to do any and all things necessa�ry after
the acquisition of such property to put the said proper�,y
in such conditi.on as is necessary and expedient to make
it suitable and attractive as a�-��������a� a tract for
�r�dt�s���a� economic development thereon; to execu�e leases
of such lands or property or any part thereof; to establish
local improvement districts within such ����s#���a� economic
development district which may, but need not be,
coextensive with the boundaries thereof and generally to
exercise, with respect to and within such ��c�r�s��}a�
economic development dis�Lricts all the powers now or
hereafter conferred by lati�r upon port authori_ties of cities
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of the first class .
Subd. 7 . A port authority shall have the further
power, after the authorization of bonds pursuant to
section �458 .193 or section 458 • i9�+ , to provide funds
immediately required for the purpose and not exceeding
the amount of such bonds , by effecting temporary loans
upon such terms as it shall by resolutior� determine,
. evidenced by negotiable notes due in not exceeding 12
months from the date thereof, payable to the order of the
lender or to bearer, to be repaid with interest from
the proceeds of such bonds when issued and d�livered to
the purchaser thereof. No such loan shall be obtained
from any commissioner of the poz°t authority or from any
corporation, association, or other institution of which
a port authority commissioner is a stockholder or officer .
Sec . 1�4 . Minnesota Statutes 1969 , Section 458 . 196,
Subdivision l, is amended to read:
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 ����6���a� economic development, or b oth, it may sell
and convey any property or part thereof owned by it within
a port or ��d�����a� economi_c district . This section shall
not be limited by other laws pertaining to powers of port
authorif;ies . � �
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Sec . 15 . Minnesota Statutes 1g69, Section �158. 1g6,
Subdivision 6 , is amended to read:
Subd. 6 . All sales made in accordance vaith the
provisions of this section shall have incorporated in
the instrument of conveyance of title the conditions
of sections �+58 .09 to �+�� .-�g9� 458 • 1992 relating to
the use of the land as a covenant running �1ith the
lands . Any violation of such covenant shall resul�
in a right by the authority to declare a br°each of
the covenant running with the land and seek a judicial .
decree from the district court declarin_g a f�rfeiture
and a cancellation oi any deed so given.
Sece 16 . Minnesota Statutes lg6g , Section �+5�3 . 199,
is amended to read:
458 .197 [ADVANCES OF MONEY BY PORT AU�i'��ORITY . ]
Such port authority is hereby granted the povzer to advance
its general fund momeys or credit, or both, without
interest, to accomplish the objects and p urposes of sections
�+58 , 191 to �+�8;�gg� 458 . 1gg2, which advances shall be
repaid from the sale or lease, or both, of such developed
or redeveloped lands , provided, if the money advanced for
such development or redevelopment was obtained from the
sale of general obligation b onds of the port authority,
then such advances shall bear a rate of interest not less
than the average �,nnual interest rate on general
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obligation bonds of the port auth ority which are outstanding
at the time such advances are made . Nothing herein shall
prevent the port authority from advancing the money so
repaid for the accomplishment of further objects and
purposes authori.zed by such laws, sub ject to repayment in
the same manner . Nothing herein shall af�'ect or impair
the obligation of the port authority to use rentals of
. lands acquired with money so advanced to accumulate and
maintain reserves securing the payment of principal and
interest on revenue bonds issued to finance port or
industrial facilities , when such ren�als shall have
been pledged for this purpose in accordance with
section �58 • 19� • Nothing herein shall require the
reimbursement of advances made for the acquisition of
lands and the construction of facilities for recreation
purposes ��Yhen authorized by law. Nothing contained in .
��e-��e��a�e�s-e�-l����e�a�a-��a���es;-�9��; sections
458 .Og through �+��-�99� �158 . 1992, a�-a�e��e�; shall be
construed as exempting lands leased from the port
authority to a tenant or lessee who is a private
person, association, or corporation from responsibility
or liability fo� payment of assessment;s or taxes levied
� or assessed against such leased pr. operty whenever such
lease expressly provides that the tenant or lessee shall
be liable for taxes or assessments levied or assessed
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against such pro�erty. dur�ng the term of such lease or
any exterision thereof. .
Sec . 17. Minnesata Sta.tutes 1969, Secta.on �+58. 199,
is am�rided to read:
. �58 .199 [CITX OF FIRST CLASS MAY LEVY TAXES FOR
BENEFIT OF PORT AUTHORITY . ] To enable such �ort authority
efficiently and in the publ�c interest to carry out the
aims and purposes of �a��-�9��;-��a��e�-$��; sections
�458 ,09 to 458 . 1992 , in the creation and development of
}�d������.� economic development districts as herein
0
provided, any such city of the first class in which
such port authority has been created and is existing shall
have the power, upon request of such port authority and
in additi.on to all other powers now possessed thereby,
and in addition to and in excess of any limitation upon
the amount it is otherwise permitted by lava to levy as
taxes, to levy taxes for the benefit of and for expenditure
by such port authority, not exceeding in any one year
an amount equal to 35/lOQ of one m�ll upon the dol]_ar o.f
the assessed valuation thereo,f, u�on all the taxable
�roperty in such city, excluding money and credits ; and
any money levied for such purpose shall be paid over by
the cour.ty treasurer to the trea�ux�er o#' the �ort
' au�hori�y .for expenditux�e r�y� it a� �.n its �ud�;ment best
serves the public interest in the carrying on and the
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execution o�' its duties in the creation and development
of such industrial development da.sl:rzcts . The levy herein
provided shall be in addition to that �rovided .for in
I�Iinnesota Statutes , Section �458. 14 . ,
Sec . 18 . Minnesota Statutes 1g69 , Sect�.on �58•1991,
is amerided to read:
�58• 1991 (POWERS AS TO k'ORK, LABOR AND SUPPLIES . ]
� The provisions of Section 15 of Chapter 3�-11, Lati�1s o�' the
State of Minnesota for 1933, shall apply� to all
construction ti�rork and every purchase of equipment,
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supplies, or materials necessary in carrying out the
provisions of �av��-�9��;-��a��e�-��� sectioris �158 . 09 to
�158 . 1992. The powers there granted to, and the duties
imposed upon the board of trustees of the corporation
therein referred to are hereby granted to and imposed
upon the members of any such port authority . The port
authority is hereby given the power and authority to use �
the facilities of the purchasing department of any city
of the .first class in which such �ort authority is created
and existin� in connection with consi;ruction v,Tork and
every purchase of equ�pment, sup�lies or materi.als, .as
such port authority sees �it to use such. fac�.lities .
Sec . 19 . Ma.nnesota Statu�es 1959, Chapter �J58, is
- amended by. adding a section to read;
' [�158. 1922] [REL��TTON TO T�7UNICIPIIL INDUSTRIAL
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DEVELOPMENT ACT.7 Any nort authority created under the
provisions of sections 1;-58. 09 to 458. 1�92 shall be
empowered to exercise a,nd a.pply any and a11 of the
pow�rs and duties assigned to redevelopment agencies
pursuant to Minnesota Statutes, Chapter 1E71I-, in order
to ftarther �.n�T of the bt:r�oses a.nd_oY�,i_ects of sections
1�58. 09 to �I-58. Zgg2. Such port authority shall a1_so
be empowered to exercise and app_ly any and a11 of its
pot�rers and duties set forth in sections ���58. 09 to �5�3, 1.992,
in order to further tY?e purposes and policies set forth
in P�Iinnesota Statutes, Chapter 1i-71I-. The poi�rers and
duties provided for in this section shall be in
addition and supplementa� to all the poti�aers and
duties provided such por� authority under the provisions
of sections ��58. 09 to �J�. 1�91 and lvlinnesota Statutes,
Chapter Ll-74.
Sec. 20. Laws 1g63, Chapter 25�I-, is repealed.
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