HomeMy WebLinkAboutEDA By-Laws BY-LAWS OF THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
1. The Authority
Section 1.1. Name of the Authority. The name of the Authority shall be
the Lino Lakes Economic Development Authority (hereinafter, the "Authority"),
and its governing body shall be called the Board of Commissioners (hereinafter, the
"Board").
Section 1.2. Office. The principal office of the Authority shall be at City
Hall, 1189 Main Street, Lino Lakes, Minnesota.
Section 1.3. Seal. The Authority shall have an official seal.
2. Organization
Section 2.1. Officers. The officers of the Authority shall consist of a
President, a Vice President, a Secretary, a Treasurer and an Assistant Treasurer.
The President, the Vice President, and the Treasurer shall be members of the Board
and shall be elected annually, and no Commissioner may serve as President and
Vice President at the same time. The offices of Secretary and Assistant Treasurer
need not be held by a Commissioner.
Section 2.2. President. The President shall preside at all meetings of the
Board.
Section 2.3. Vice President. The Vice President shall preside at any
meeting of the Board in the absence of the President and may exercise all powers
and perform all responsibilities of the President if the President cannot exercise or
perform the same due to absence or other inability.
Section 2.4. President Pro Tem. In the event of the absence or inability of
the President and the Vice President at any meeting, the Board may appoint any
remaining Commissioner as President Pro Tem to preside at such meeting.
Section 2.5. Treasurer. The Treasurer shall receive and be responsible for
Authority money, shall disburse authority money by check only, keep an account of
all Authority receipts and disbursements and the nature and purpose relating
thereto, shall file the Authority's financial statement with its secretary at least
once a year as set by the Authority, and be responsible for the acts of the assistant
treasurer.
Section 2.G. Assistant Treasurer. The Assistant Treasurer shall have all
the powers and duties of the Treasurer if the Treasurer is absent or disabled.
Section 2.7. Secretary. The Secretary shall keep or cause to be kept
minutes of all meetings of the Board and shall maintain or cause to be maintained
,all records of the Authority. The Secretary shall also have such additional duties
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and responsibilities as the Board may from time to time and by resolution
prescribe.
Section 2.8. Executive Director. The Executive Director shall be
designated from time to time by the Authority, shall be the chief appointed
executive officer of the Authority, and shall have such additional responsibilities
and authority as the Board may from time to time by resolution prescribe. The
Executive Director shall serve at the pleasure of the Board.
3. Procedures of Board of Commissioners
Section 3.1. Annual Meeting. The annual meeting of the Board shall be
held at 6:00 p.m. on the third Monday of the month of
January in each year.
Section 3.2. Regular Meetings. The Board shall hold regular meetings on
the XM third Monday of each month, commencing at
6:00 P.M. o'clock p.m., C.T., or at other time as the Board may
determine.
Section 3.3. Special Meetings. Special meetings if the Board may be
called by the President or, in the event of the President's absence or inability, by
the Vice President at any time, upon three days prior notice to all Commissioners
and the Executive Director. Upon the same notice, special meetings of the Board
may also be called by any two Commissioners. The Executive Director shall post
notice of any special meeting in the principal office of the Authority no less than
three days prior to such special meeting.
Section 3.4. Quorum. A quorum of the five member Board shall consist of
three Commissioners. In the absence of a quorum, no official action may be taken
by, on behalf of, or in the name of the Board or the Authority.
Section 3.5. Adoption of Resolutions. Resolutions of the Board shall be
deemed adopted if approved by not less than a simple majority of all
Commissioners present. Resolutions may but need not be read aloud prior to vote
taken thereon and may but need not be executed after passage.
Section 3.6. Rules of Order. The meetings of the Board shall be governed
by the most recent edition of Robert's Rules of Order.
4. Miscellaneous
Section 4.1. Fiscal Year. The fiscal year of the Authority shall be the
same as the City's fiscal year.
Section 4.2. Treasurer's Bond. The Treasurer shall give bond to the state
conditioned for the faithful discharge of official duties. The bond must be
approved as to form and surety by the Authority and filed with the Secretary and
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11. There is attached hereto as Exhibit "A" a list of municipal development
districts created by the Council pursuant to Minnesota Statutes Sections
460.124 through 469.134 and tax increment districts created by the Council
pursuant to Minnesota Statutes Sections 469.174 through 469.179, or its
predecessors, the control, authority and operation of which are hereby
transferred to the EDA. The EDA shall accept the transfer of these
projects and districts and shall pledge to perform the terms, conditions and
covenants of all agreements outstanding with respect thereto.
12. There is attached hereto as Exhibit "B" a list of certain real estate located
within the above-described districts which the Council conveys to the EDA
by this resolution and by separate deed. Such property shall be accepted and
used by the EDA in accordance with the EDA Act.
13. There is attached hereto as Exhibit "C" a list of litigation currently pending
with respect to the districts transferred to the EDA pursuant to paragraph
11 and property transferred to the EDA pursuant to paragraph 12.
14. There is attached hereto as Exhibit "D" a list of funds and accounts
currently existing in the City which are hereby redesignated in the name of
the EDA and transferred to the ownership and control of the EDA to be used
in accordance with prior agreements and covenants of the Council and the
EDA Act.
15. There is attached hereto as Exhibit "E" a list of agreements respecting the
transferred districts and projects, the City's interests in which are hereby
assigned to the EDA and the terms, conditions and covenants of which shall
be performed by the EDA.
16. City officials and staff are hereby authorized and directed to execute such
deeds, assignments, requisitions, directives and agreements as may be
necessary and appropriate to carry out the terms, conditions and intensions
of this enabling resolution.
17. The EDA may request the City to levy a tax up to the maximum tax for the
benefit of the EDA as specifically set forth in Section 469.107 of the EDA
Act.
18. Nothing shall prevent the City from modifying this enabling resolution to
impose limits on the powers of the EDA or provide for other matters as
authorized in the EDA Act or other law.
19. This resolution shall become effective when the EDA holds its first meeting
and accepts the transfers herein described.
20. Notwithstanding any provision herein to the contrary, the authority granted
to the EDA pursuant to paragraph 2 above shall not be exercised until the
EDA has established an advisory board which shall be comprised of all of the
members of the City's Economic Development Commission.
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by which the.Authority may be bound shall be executed by the President and/or the
Executive Director or by such other Commissioners or Officers of the Authority as
the Board may by resolution prescribe.
Section 4.12. Amendment of By Laws. These By-Laws may be amended by
the Board by majority vote of all the Commissioners, provided that any such
proposed amendment shall first have been delivered to each Commissioner at least
five days prior to the meeting at which such amendment is considered.
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