EDA RES 87-63 ESTABLISHING EDA The City Council for the City of Elk River, Minnesota
Resolution No. 87- 63
ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT •
AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA.
WHEREAS, Minn. Stat. § 469 . 090 et seq. (the Statute)
authorizes the City of Elk River (the City) to establish an
Economic Development Authority pursuant to the procedures and
subject to the restrictions set forth therein; and
WHEREAS, the City Council for the City of Elk River (the
City Council) finds that it is in the best interest of the City
and its residents to establish an Economic Development
Authority pursuant to the Statute.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, Minnesota, as follows :
1 . Establishment of Economic Development Authority.
There is hereby established in the City of Elk River
an Economic Development Authority (hereinafter
referred to as the "Authority" ) , effective upon
passage by the City Council of this resolution.
2 . Commissioners .
a. The members of the City Council of Elk River
shall serve as the Commissioners of the
Authority.
b. The terms of the Commissioners shall coincide
with their term of office as members of the City
Council .
c. Commissioners shall be compensated at the rate of
One Dollar ( $1 .00) for each regular or special
meeting of the Authority attended. In addition,
Commissioners shall be reimbursed for actual
expenses incurred in doing official business of
the Authority.
3 . Officers :
a. The Authority shall annually elect a president, a
vice president, a treasurer, a secretary, and an
assistant treasurer. A Commissioner must not
serve as president and vice president at the same
time. The offices of secretary and assistant
treasurer need not be held by a Commissioner.
•
b. The officers shall have the usual duties and
• powers of their offices, including those set
forth in the Statute.
4 . Bylaws and Rules:
a. The Authority shall adopt bylaws and rules to
govern its procedures and for the transaction of
its business . The records of the Authority shall
be a public records, as provided by law.
b. The Authority shall adopt an official seal.
5 . Employees :
a. The Authority may employ an executive director
and such other employees as it may require, and
determine their duties, qualifications, and
compensation.
b. The Authority may contract for the services of
consultants as needed to perform its duties and
exercise its powers .
c . The Authority shall use the services of the City
attorney as its chief legal advisor.
Al/ d. The Authority may delegate to its agents or
employees such powers or duties as it may deem
proper.
6 . Conflict of Interest:
Except as otherwise provided by law, a Commissioner,
officer, or employee of the Authority must not acquire
any financial interest, direct or indirect, in any
project or in any property included or planned to be
included in any project, nor shall the person have any
financial interest, direct or indirect, in any
contract or proposed contract for materials or
services to be furnished or used in connection with
any project.
7 . Powers :
The Authority shall have all powers conferred upon
Economic Development Authorities by the Statute, as
amended from time to time, including:
•
a. The powers of a housing and redevelopment
authority under Minn. Stat. § 469 . 001 et seq. ;
Sb. The powers of a City under Minn. Stat. S. 469 . 124
et seq. ;
2 .
c . The powers and duties of a redevelopment agency
• under Minn. Stat. SS 469 . 152 et seq. ;
d. The power to create and define the boundaries of
economic development districts, as provided by
law;
e. The power to acquire by lease, purchase, gift,
devise, or condemnation proceedings property
required to create economic development
districts; and to dispose of property acquired,
as provided by the Statute;
f . The power to sign options to purchase, sell, or
lease property;
g. The right of eminent domain, as provided by the
Statute;
h. The power to make contracts for the purpose of
economic development, as provided by the Statute;
i. The authority to be a limited partner in a
partnership whose purposes are consistent with
the Authority' s purpose;
j . The power to acquire rights or an easement for a
term of years, or perpetually, for development of
an economic development district;
k. The power to buy the supplies and materials it
needs to carry out the purposes of the Statute;
1 . The right to receive public property, as provided
by the Statute;
m. The power to sell or lease land held by it for
economic development in economic development
districts;
n. The power to operate and maintain a public
parking facility or other public facility to
promote development in an economic development
district;
o. The right to cooperate with or act as agent for
the federal or state government or other public
body to carry out the Statute;
p. The power to study and analyze economic
development needs in the City and ways to meet
the needs; to study the desirable patterns for
411 land use for economic development and community
growth, and other factors effecting local
3 .
economic development in the City; to make the
• result of the studies available to the public and
to industry in general; to engage in research and
to disseminate information on economic
development within the City;
q. The power to carry out public relations
activities to promote the City and its economic
development, as permitted by the Statute;
r. The right to accept conveyances of land from all
other public agencies , commissions, or other
units of government, if the land can be properly
used by the authority in an economic development
district to carry out the purposes of the
Statute;
s . The power to develop and improve the lands in an
economic development district to make it suitable
and available for economic development uses and
purposes; to fill, grade, and protect the
property and do anything necessary and expedient,
after acquiring the property, to make it suitable
and attractive as a tract for economic
development; and to lease some or all of its
lands or property; and may set up local
improvement districts in all or part of an
economic development district;
t. The power to borrow money in anticipation of
bonds, after bonds have been authorized, as
provided by the Statute;
u. The power to issue general obligation bonds,
pursuant to the procedures set forth in and as
provided by the Statute, and when authorized by
two-thirds ( 2/3 ) majority vote of the City
Council , to:
i . Secure funds needed by the Authority to
pay for acquired property; or
ii . For other purposes as provided in the
statute.
v. The power to issue revenue bonds pursuant to the
procedures set forth in and as authorized by the
Statute;
w. The power to sell or convey property owned by it
within the City or an economic development
district pursuant to the procedure set forth in
4 the Statute, if it determines that the sale or
conveyance is in the best interest of the City or
4 .
district and its people and that the transaction
furthers the Authority' s general plan of economic
development;
x. The power to advance its general fund money or
its credit or both without interest for the
objects and purposes of the Statute, as allowed
by the Statute;
Y. The right to request that the City levy a tax for
the benefit of the Authority, pursuant to the
procedures and as provided for in the Statute.
8 . Existing Projects :
a. The Authority shall have no control nor authority
over any existing economic development or
redevelopment project in the City, unless
specifically so provided by subsequent resolution
of the City Council . If the City Council adopts
a resolution transferring control, authority, and
operation of any existing project to the
Authority, the Authority shall accept control,
authority d operation of the ject;
b. When taking an control of an existing pro project, the
Authority may exercise all of the powers that the
410 governmental unit establishing the project could
exercise with respect to the project and shall
covenant and pledge to perform the terms,
conditions, and covenants of any bond indentures
or other agreements executed with respect to the
project.
9 . Banks and Audits :
a. Every two years the Authority shall name a
national or state bank within the state as a
depository, in the manner provided by the
Statute.
b. The financial statements of the Authority shall
be prepared, audited, filed, and published in the
manner required by the Statute.
10 . Annual Reports :
The Authority shall prepare and submit all annual
reports required by the Statute, including:
a. An annual report stating whether and how this
enabling resolution should be modified;
b. An annual budget;
5 .
c . An annual report giving a detailed account of the
Authority' s activities and its receipts and
expenditures during the preceding year.
11 . Modification of Enabling Resolution:
This enabling resolution, or any part thereof, may be
modified at any time by the City Council, as provided
by the Statute.
The following Resolution was introduced by Councilmember
Schuldt and duly seconded by Councilmember Dobel . The
following voted in favor of the Resolution:
Mayor Gunkel
Councilmember Schuldt
Councilmember Dobel
The following voted against:
The following were absent:
Councilmember Holmgren
Councilmember Tralle
Whereupon the Resolution was adopted:
411 ADOPTED: October 7 , 1987
Estelle Gunkel, Mayor
ATTEST:
Xer7P
Pat Klaers, City Administrator
•
PKB:A06 6 .
sa34 -TL
Form SS-4 Application for Employer Identification Number
(Rev. December 1995) (For use by employers,corporations,partnerships,trusts,estates,churches, EIN M . %
' ' qt a l p
government agencies,certain individuals,and others.See instructions.)
epartment of the Treasury OMB No. 1545-0003
internal Revenue Service ► Keep a copy for your records.
1 CNam1 Name of applicant(Legal name)(See instructions.) f J,� N
C. \ \v� t 4.0 r•0 iM.� L��v'2.A a '��,+ A u..4\De t
- 2 Trade name of business(if different from name on line 1) 3 Executor,trustee, "care of" name
co
co
rn q Y\G E. I r e c..-4-or
c 4a Mailing address(street address)(room, apt.,or suite no.) 5a Business address(if different from address on lines 4a and 4b)
a
\ L $ D '0J∎V C.•,ALAJ
0
o 4b City, state, and ZIP code 5b City, state, and ZIP code
m
E. f-\\.. :v- - c V\'f\ 5b3-So
w 6 County and state where principal business is located
co
cu t.vVpL rY%e. Ccu.Vt.. lr \ ■NiNe SC:1h%.
a 7 Name of principal officer,general partner. ratitor,owner, or trustor—SSN required(See instructions.) •
8a Type of entity(Check only one box.)(See instructions.) ❑ Estate(SSN of decedent) •
❑ Sole proprietor(SSN) ❑ Plan administrator-SSN
❑ Partnership ❑ Personal service corp. ❑ Other corporation(specify) ■
❑ REMIC ❑ Limited liability co. ❑ Trust ❑ Farmers'cooperative
14 State/local government ❑ National Guard ❑ Federal Govemment/military ❑ Church or church-controlled organization
❑Other nonprofit organization (specify) ■ (enter GEN if applicable)
❑ Other(specify) ►
8b If a corporation, name the state or foreign country State Foreign country
Of applicable)where incorporated
9 Reason for applying(Check only one box.) 14 Banking purpose(specify) ►—2tu1\cA. •=SS4-LS
❑Started new business(specify) 110. • ❑ Changed type of organization(specify) •
III ❑ Hired employees ❑ Purchased going business
❑ Created a trust(specify) ►
❑Created a pension plan(specify type) ► ❑ Other(specify) ►
10 Date business started or acquired(Mo.,day,year)(See instructions.) 11 Closing Closing month of accounting year(See instructions.)
` ,P GR WOAD..
12 First date wages or annuities were paid or will be paid(Mo.,day,year). Note:If applicant is a withholding agent, enter date income will first
be paid to nonresident alien. (Mo., day,year) ■
13 Highest number of employees expected in the next 12 months. Note: If the applicant does Nonagricultural Agricultural Household
not expect to have any employees during the period, enter-0-. (See instructions.) . . . ■ o D , b
14 Principal activity(See instructions.) ■ C–,c,v4,,,y�rwDan:E „ i.I., 9,M 1 c...--"3 a,v L.(0.1MtW.*
15 Is the principal business activity manufacturing? ❑ Yes No
If"Yes." principal product and raw material used ►
16 To whom are most of the products or services sold? Please check the appropriate box. ❑ Business(wholesale)
❑ Public(retail) ❑ Other(specify) ► ❑ N/A
17a Has the applicant ever applied for an identification number for this or any other business'? ❑ Yes R No
Note:If"Yes,"please complete lines 17b and 17c.
17b If you checked "Yes"on line 17a,give applicant's legal name and trade name shown on prior application,if different from line 1 or 2 above.
Legal name ► Trade name ■
17c Approximate date when and city and state where the application was filed. Enter previous employer identification number if known.
Approximate date when filed(Mo.,day,year) City and state where filed Previous EIN
Under penalties of perjury.I declare that I have examined this application.and to the best of my knowledge and belief.it is true.correct.and complete. Business telephone number(include area code)
` AQI4 \ 4-(LiI- 7ydd•
b r'). J d�(1 San v + 4' i n a. Ac--e. ' ■r.e. c�lrnr 'Fax teleph ne number(include rea code)
Name and title(Please type or print clearly.) • (0 I a,) 441- 15••
Signature •- LeA O+4 J 1� Date ► ,�42 (41 c u
Note:Do not write below this line. For official use only.
Please leave Geo. Ind. Class Size Reason for applying , .
blank •
For Paperwork Reduction Act Notice,see page 4. Cat.No.16055N Form SS-4 (Rev. 12-95)
2/5/96