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<br />5 <br />4859-6924-4449\6 <br />resolution must indicate whether three, five, or seven commissioners will constitute the EDA. <br />(Minn. Stat. § 469.095, Subd. 1). <br />Without limiting the right of the EDA to petition the City Council at any time, each year, within <br />60 days of the anniversary date of the first adoption of the enabling resolution, the EDA shall <br />submit to the City Council a report stating whether and how the enabling resolution should be <br />modified. Within 30 days of receiving the recommendation, the City Council shall review the <br />enabling resolution, consider the recommendations of the EDA, and make any modifications it <br />considers appropriate. (Minn. Stat. § 469.092, Subd. 3). <br />All modifications to the enabling resolution must be by written resolution and must be adopted <br />after notice is given and a public hearing is conducted as required for the original adoption of the <br />enabling resolution. (Minn. Stat. § 469.093, Subd. 2). <br />An EDA is a public body corporate and politic as well as a political subdivision of the State of <br />Minnesota with the right to sue or be sued in its own name. An EDA carries out an essential <br />governmental function when it exercises its powers, but it is not immune from liability because of <br />this. (Minn. Stat. § 469.091, Subd. 2).