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191954ORIGINAL TO CIS CLgRK ' ' 19 1 9" A CITY OF ST. PAUL FILE NCIL NO. OFFICE OF THE CITY CLERK reqQYNCIL RESOLUTION — GENERAL FORM PRESENTED BY t'r%MkA1rrInMFR I)AW RESOLVED, by the Council of the City of Saint Paul that it hereby approves nA BILL FOR AN ACT PROVIDING FOR THE CREATION OF OFF- STREET PARKING AUTHORITIES.IN CITIES OF THE FIRST CLASS, PRESCRIBING THE RIGHTS, POWERS AND DUTIES OF SUCH AUTHORITIES; AUTHORIZING SUCH AUTHORITIES TO ACQUIRE,,CONSTRUCT, IMPROVE, MAINTAIN AND OPERATE OFF- STREET PARKING FACILITIES; CONFERRING THE POWER OF.EMINENT DOMAIN ON SUCH AUTHORITIES, AUTHORIZING SUCH AUTHORITIES TO ISSUE REVENUE BONDS AND EXEMPTING THE PROPERTY OF SUCH AUTHORITIES FROM TAXATION." and recommends the same to the Ramsey County Senate and House delegations. Coy uncil File No. 191954 —By Jose-_ ph ET Dillon, mayor— Resolved, By the Council of the City of Saint Paul that it hereby approves "A'BILL FOR AN ACT PROVIDING FOR THE CREATION OF OFF - STREET PARKING AUTHORITIES IN CITIES OF THE FIRST CLASS, PRESCRIBING THE RIGHTS, POW- ERS AND DUTIES OF SUCH AU -, THORITIES; AUTHORIZING SUCH AUTHORITIES TO ACQUIRE, CON- STRUCT, IMPROVE, MAINTAIN AND OPERATE OFF - STREET PARK- ING FACILITIES; CONFERRING THE POWER OF EMINENT DOMAIN ON SUCH AUTHORITIES, AUTHOR-, IZING SUCH AUTHORITIES TO IS- SUE REVENUE BONDS AND EX -, EMPTING THE PROPERTY OF SUCH! AUTHORITIES FROM TAX- ATION." and recommends the same to the Ram -i sey County Senate and House delega- tions. Adopted by the Council April 21, 1959. Approved April 21, 1959. (April 25, 1959) COUNCILMEN Yeas Nays DeCourcy Holland �Mortinson -,Peterson Rosen w��� ----,Mr. President, Dillon 5M 5.5s clgDo2 APR 21 1959 Adopted by the Council 19— APP, 21 1959 Approved 19 Tn Favor kke_�_� f Mayor J�gainst 5P4_` f417 G) A,,�-� A BILL ! , FOR AN ACT PROVIDING FOR THE CREATION OF OFF- 3Ti€EZ`T PARING AUTHORITIES IN CITIES OF THg FIRST ClalS3 PRESCRIBING THE RIGHTS POVEW AND DUTIES A AUTHORITIEa AUTHORIZIAG SUCH AuTHaIw TO F VC1... COSTRUCT WROVg, MAINTAIN AND OPERATE OFF -STRM PARKING AC ILITIES ; CONFERRING THX POI4E3t OF ZW=T DtOt IN ON SUCH AUTHMTIES AUTHORIZING SUCH AUTHDRITIES TO IB�SUS EEYBNh H`1= AND W3WFTjW THE PRDPERTY OF SUCH AUTHORITIES FRMI TAXATION* BE IT ffiACTZD BY THE LEGISLATURE OF THE STATZ OF MINNESOTA: Section 1. The . governing body of any city of the first class, by ordinance or resolution, may create an off - street parking authority, hereinafter referred to as authority, which shall be a body politic, and a governmental subdivision of the 7 ` 1 rl'. state, but shall riot be imanne from liability by reason thereof. Upon the adoption of a resolution or ordinance creating an authority, the city clerk of the governing body shall forthwith transit a certified copy thereof to the secretary of state, who shall file and record the same in an approyr. ate book in his office. The pwars of an authority shall no', extend beyond the limits of the city creating it. See. 2. The authority shall be for the purpose of pro- viding off- street parking facilities as will meat the parking needs of the unity. Sec. 3. Subdivision 1. The authority shalt consist of a board owPosed of five ambers appointed by the governing body of the city. The beard shall constitute the governing body of the authority. The first members of the board shall be appointed for terms as follows: one for one year, one for taro years, one for three years, one for four years and one for five years. Thereafter as each tern expires the governing body of the city shall'appoint members for a term of five years. The membership of the board shell be restricted to residents of the city. 3ubd. 2. Members shall hold office until their successors have been appointed, and may succeed themselves. A member shall -1- V] receive no compensation for his services, but shall be entitled to the necessary expenses incurred in carrying out his duties. Subd. 3. The members of the board shall select from Ong themselves a chairman and such other officers as they doom necessary. The board may employ a secretary, treasurer, an executive director, its ev legal counsel, technical experts and such other agents, officers and employees as it may require, and may determine the qualifications and fix the compensation of such persons. The treasurer shall be custodian of all funds and moneys of the authority, and shall give such bond as the authority may require for the safekeeping thereof. The authority shall pay all premium on such bond or renewals thereof. Three members of the board shsll constitute a quorum. Members of the board shall not be liable personally on bonus or other obligations of the authority. Sec. 4. The authority small have and may exercise all powers necessary to.earry out its purposees, including but not limited to the following powers or rights: (1) To sue and be mod, and i.mplead and be impleaded in all courts; (2) To adopt and use a corporate seal; (3) To acquire, purchase, hold, lease as lessee, and use any franehise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary to carry out the purpose of the authority and to sell., lease as lessor, transfer or dispose of any pmperty or interest therein as it deems necessary or desirable; (4) To acquire by purchase, lease or *otheraiae, and to construct, improve, saaintain. repair and operate off - street parking facilities; (5) To slake by -laws for the management and regulation of -2- its affairs, subject to approval by the co=cil. All by -latwe adopted by the authority, shall be published as prescribed by lair for the publication of ordinances of the city creating the authority. (6) To appoint officers, agents, and employees, and proscribe their dutiea and fix their compsization; (7) To fix, alter, charge and collect rates and other charges for its facilities at a restsenablo rate to be determined by it, pravided,`h"ever, that such rates and charges shall first be approved by the governing body of the city organizing such authority; (8) To dice contracts, and to execute all instruments necessary in effectuating its purpose; (9) To pledge or otherwise encumber all or any of the revenues or receipts of the anthority as security for any of the obligations of the autherityf (10) To acquire real estate, in fee or sueh lesser estate as may be necessary, by eminent domain proceedings tinder QAPt*r 117 and acts amendatory thereto, provided, however, that no property devoted to a public lase, except public squares or pis, dedicated as sitch by private dedication, nor any property •f a public service company,, nor property used for burial pur- poses or places of public wors+hi.p, nor property whi eh at the effective date of this act is used as a facility for parking of motor vehicles, so long as said proparty is c antimwusly so used and so long as the operation of said facility coWlies with mfting and traffic ordinances of the city, shall be taken under the right of eminent gain; (11) The authority may accept gifts, grants or loses of money or property from the United States, the state, or any person, corporation, or other entity for authority purposes, -3- nay enter into any a�reamt raqaired in connection thereait�h, IMA zm�► hold, use or of soh sMy aa* PrqP*rty in agg a►r nce with the tames of the gift, grit, loam or agreammt relating thereto. . g. ftbdivision I. 2he authority shall have the furthe r per to pro i.dm, )my remintioa, for the imcname, and mle of rope bands of tho authority to pevido fWAD to carry out its des. $abd. 2. the reveme WmAv mh&U b*ar interest at a rate or rates mt em* ding five paroaat gar mumaj, gsycUe semi - y, and AmIl be stated to u tore at such time or times, not a so )G yovxv rma their date,, an w be determined by the t&tharlty. did. 3. =* bads iacmA hereunder shall not be doa=d to constitute a debt of tho city in which the authority is i sA located, nor a pledge of the full faith and eroftt of th* city, but vach his shall be paynle solely fna the rewme or reavly�ts of the authority. All ouch revenue bones mh&U certain on the face thereof a statmerat to the offset that naither the faith msd credit nor the taxing prer of the city is pledged to the paqnmt of the principl of or the intorwt on tmaha bands* fie. 6. $wary rity orgadzed pu can to sections 1 to 10 chall ba tab jaot to the applicable px°avitslons of Ninne eota gtattntea 19". Obaprter 215, and in a&iltlen to exuUmtions by the public axminer, it cW1 have an awvml Mien of its b , aacats and rewrde by a eartified public acemutamt. A "8 of such amt shall be delivered to the soverniAg body of the city orgaaJ oing the authority. Sec. 7. Subdivision 1. All o=struction, reconstruction, repairs or work of any nature mmh by an authority, when the _4- • F V t` entire cost, value or amount thereof, including labor and materials, shall exceed 05000 except reconstruction, repairs or work done by employees of the authority, shall be done only under contract to be entere4i into by the authority with the lowest responsible bidder after ad'yortising for bids for such work for three successive: weeks in a neavmpaper or ether periodical of general circulation in the city where the authority is located, prior to the date such bids are to be received. No contract sh&U be entered into for the con- struction, reconstruction, improvement or reWr of any project "or facility of the authority unless the contractor :shall give Mond with sufficient surety or surstisa, approved by the authorit 1 and in an amount fixed by the authority conditions, upon the faithful pa3rformanee of the contract >;uid the payment of all labor, material or services furnished for the performance of the contract. Subd. 2. All supplies and materials costing $500 or more shall be purchased tram the loweast responsible bidder. Bids for supplies: eaid materials shall be solicited by advertising for woe at least once in a newspaper or periodical in general circulation in the city where the authority is located not less than seven days prior to the �inaati date of submitting bids. Subd. 3. It ahaall be unlawful for asny member of the authority, or officer, agent, or employee thereof to be either directly or indirectly a party to or be in any ,raenner interested in any contract or agreement with the authority. If any con- tract or agmement shall be made in vioi.etion of this subdivision, the agreement or contract a ha ll be void. Any member of the authority, or officer, talent, or employee thereof violating the provisions of this subdivision shsi ?., upon conviction, be guilty of aa, ar.isdeirneanor. Sec. A. The use of the facilities of the authority and -5- the operations of its business shall be subject to rules and regulations adopted by the authority, subject to approval by the governing body of the city. Sec. 9. Every authority may be a party to a joint cooperative project, or undertaking, or enterprise within the scope of its powers, and for such purposes, may act under and be subject to the provisions of Mmesota Statutes 1957, Section 471.59, as now in force or hereafter amended, or any other appropriate law hereafter enacted providing for joint or cooperative action between governmental subdivisions or other public agencies. Sec. 10. The authority shall not be required to pay any taxes or assessments upon any property acquired or used by it for off - street parking facilities, provided that "in lieu of taxes or special assessments the authority may agree to make payments to the city or the county in which it is located. i f -6- 4 V