HomeMy WebLinkAboutOrdinance Dissolving HRA and Granting CDA-HRA Powers - 8-9-2022OTTER TAIL COUNTY ORDINANCE
DISSOLVING THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
OTTER TAIL COUNTY, MINNESOTA, AND GRANTING HOUSING AND REDEVELOPMENT AUTHORITY POWERS TO THE OTTER TAIL COUNTY COMMUNITY DEVELOPMENT AGENCY
WHEREAS, on July 11, 1972, following a duly noticed public hearing, the Board of
Commissioners ("Board") of Otter Tail County, Minnesota ("County") adopted a resolution declaring the need for a housing and redevelopment authority within the County (the "Declaration of Need Resolution");
WHEREAS, on August 9, 1972, the Board of the County adopted a resolution (the
"Appointment Resolution") approving the appointment of Commissioners of the Housing and Redevelopment Authority in and for Otter Tail County (the "HRA"); WHEREAS, on August 31, 1972, the Board of Commissioners of the HRA met and
adopted Resolution No. 1 organizing the HRA, and authorizing it to transact business and exercise
its powers pursuant to Minnesota law (the "Organizing Resolution"); WHEREAS, on December 18, 2018, following a duly noticed public hearing, the Board of the County adopted Resolution No. 2018-83 (the "CDA Enabling Resolution") establishing the
Otter Tail County Economic Development Authority to be known as the Otter Tail County
Community Development Agency ("CDA"); WHEREAS, also on December 18, 2018, following a duly noticed public hearing, the Board of the County adopted Resolution No. 2018-84 adopting the "Otter Tail County Economic
Development Authority and Otter Tail County Housing and Redevelopment Authority Powers
Ordinance", and on August 13, 2019, the Board of the County adopted the "Otter Tail County Ordinance Establishing Powers of the County EDA and County HRA" (together, the "Division of Powers Resolution and Ordinance");
WHEREAS, in order to achieve certain efficiencies in the administration of housing,
economic development, and redevelopment programs within, and for the residents of the County, the HRA and the CDA have proposed that: (i) the HRA transfer all of its assets, and assign all of its obligations to the CDA; (ii) the County grant the CDA the full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition
to its already existing powers of an economic development authority, under Minnesota Statutes,
Sections 469.090 through 469.1082; and (iii) the County dissolve the HRA, all prior to January 1, 2024 (collectively, the "Proposal"); NOW THEREFORE, the Board of Commissioners of Otter Tail County, Minnesota, does
ordain that:
SECTION 1. TITLE. This Ordinance shall be known as the Otter Tail County Housing and Redevelopment Authority Dissolution and Otter Tail County CDA Powers Ordinance.
SECTION 2. EFFECTIVE DATE. If the Conditions Precedent (as defined in Section 3
hereof) have been satisfied on or prior to December 31, 2023 at 11:59 p.m. (the "Effective Date"),
this Ordinance shall take effect on the Effective Date. If the Conditions Precedent have not been satisfied on or prior to the Effective Date, this Ordinance shall not take effect. SECTION 3. DISSOLUTION OF HRA. The County hereby dissolves the HRA effective
as of the Effective Date, subject to the satisfaction of the following conditions precedent (the
"Conditions Precedent"): a. The HRA and the CDA must perform all obligations under the Asset and Liability Transfer Agreement, by and between the HRA and the CDA (the "Agreement"),
and the Agreement must remain in effect from execution to, and as of, the Effective Date;
b. The County must submit a certified copy of this ordinance to the Commissioner of the Department of Employment and Economic Development of the State of Minnesota;
c. The CDA must take all necessary steps and actions to ensure that it has the
administrative capacity to administer certain U.S. Department of Housing and Urban
Development ("HUD") programs (the "HUD Programs"), and to provide continuity to the HUD Programs as currently administered by the HRA;
d. The HRA and the CDA must prepare and deliver a letter of agreement to, and the request to process, the Proposal, to the local HUD field office;
e. The HRA and the CDA must authorize and approve its officials, together
with any of the HRA or CDA's consultants or legal counsel, to take all other necessary steps required by HUD for the Proposal, including but not limited to, those requirements as contained within HUD Notice PIH 2018-12 and HUD Notice PIH 2014-24.
f. Any and all subsequent approvals of the County, the HRA, or the CDA,
either required or advised to be taken related to the Proposal must occur; and
g. All other federal and state law requirements, including but not limited to, those contained in Minnesota Statutes, Section 469.033, subdivision 7, must be met.
SECTION 4. CDA POWERS. Effective as of the Effective Date, subject to the satisfaction of the Conditions Precedent, the County repeals the Division of Powers Resolution and Ordinance
and replaces the same with this Ordinance; and, effective as of January 1, 2024 at 12:00 a.m.,
subject to the satisfaction of the Conditions Precedent, the County grants the CDA the full powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469.090 through 469.1082.
SECTION 5. EFFECT ON PRIOR ORDINANCES AND RESOLUTIONS. All other prior ordinances and resolutions of the County regarding the HRA or the granting of powers of a
housing and redevelopment authority under Minnesota Statutes, Sections 469.001 through 469.047, including but not limited to the Declaration of Need Resolution, shall remain in full force
and effect, and shall apply to the CDA as of January 1, 2024 at 12:00 a.m.; provided, however, in
the event that any provision of such ordinance or resolution is in conflict with any provision of this Ordinance, the provisions of this Ordinance shall control. Adopted by the Otter Tail County Board of Commissioners on August 9, 2022.