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4.0. HRSR 10-14-1996 ELK RIVER HOUSING AND REDEVELOPMENT AUTHORITY 0 MEMORANDUM TO Housing and Redevelopment Authority F OM: Paul T. Steinman, Director of Economic Development DATE: October 9, 1996 SUBJECT: Modifications to HRA Bylaws Attached to this memo is a copy of the modified HRA bylaws. Such modifications are noted with revision markings indicating what is proposed to be deleted or added to these bylaws. City Attorney David Sellergren has completed a review of the proposed modifications and agrees that they are all in compliance with the current state statutes governing HRA's. This item is for discussion only at this time and will be requested to be • formally acted upon at the HRA's next scheduled meeting which is proposed to be Monday, November 25, 1996, from 5-6 p.m. eda\hra\disbylaw.doc III P.O. Box 490 • 13065 Orono Parkway• Elk River, MN 55330-1743 • (612) 441-7420 • Fax (612) 441-7425 Equal Opportunity Housing and Equal Opportunity Employment BYLAWS OF • THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER PREAMBLE The Housing and Redevelopment Authority in and for the City of Elk River was created by an act of the Legislature of the State of Minnesota entitled the "Municipal Housing and Redevelopment Act," Minnesota Statutes, Sections 462.411 - 462.712. On the 21st day of July, 1980, the City Council of the City of Elk River adopted a resolution in accordance with the findings required by Minnesota Statutes, Section 462.425, Subd. 2. ARTICLE 1. AUTHORITY 1.1) Name - The legal name of the Authority is "The Housing and Redevelopment Authority in and for the City of Elk River." 1.2) Office - The principal office of the Authority shall be.the city offices of • the City of Elk Rivera unless otherwise determined by resolution of the Authority. ARTICLE 2. MEETINGS 2.1) Annual Meeting - The annual meeting of the Authority shall be held at the principal office of the Authority on the second Tuesday fourth Monday of January at 75:00 p.m., or such other location as designated in the notice of the annual meeting: 2.2) Notice of Annual Meeting - Notice shall be published in the official newspaper of the Authority and delivered to each Commissioner of the Authority and each member of the governing body of the City, not less than ten (10) days in advance of such meeting. It shall be the responsibility of the Secretary, or the Administrator if one is appeint-e&Executive Director to give this notice. 2.3) Quorum - There shall be a quorum to conduct business at the annual • meeting. If a quorum is not present, the Secretary Executive Director shall establish a date for a new annual meeting and cause notice to be given as provided in Section 2.2 of this Article. 2.4) Order of Business at the Annual Meeting - The annual meeting of the . Authority, and so far as possible all other meetings of the Authority, shall be conducted in accordance with Robert's Rules of Order Revised. The suggested order of business at the annual meeting shall be the following: 1. Roll call. 2. Confirmation and recognition of new commissioners. 3. Election of officers and establishment of their terms. 4. Designation of committee assignments to Commissioners. 5. Determination of new committees and assignments of Commissioners. 6. Consideration of staff assignments. 7. Approval of official newspaper. 8. Approval of official depository. • 9. Reading of financial condition by Chair. g Y 10. Reading of status of each existing project by Chair. 11. Designation of place of meeting during the remainder of calendar year. 12. Determination of dates of meeting during the remainder of calendar year. 13. Discussion of any modifications or amendments to the "Municipal Housing and Redevelopment Act." 14. Discussion of Bylaws and any suggested amendments. 2.5) Regular Meetings and Order of Business at Regular Meetings - Regular meetings shall be held by the Authority at such fixed time and place as determined by the Authority at its annual meeting and on the, fourth Monday of each month at 5:00 p.m. at the principal office of the Authority and shall be open to the public..__No separate notice need be • given for regualr meetings held at the time and place designated by resolution of the Authority. If a quorum of the City Council is to be present, a public hearing notice must be published in accordance with 2 Section 2.2. The suggested order of business at regular meetings shall • be the following: 1. Roll call. 2. Opening format. 3. Approval of minutes. 4. Financial matters. 5. Old business. 6. Current business. 7. Hearings and resolutions. 8. Project considerations. 9. New business. 10. Close. 2.6) Special Meetings - Special meetings of the Authority shall be called by the I , . .. . , . ... . ,:, Executive Director at any time upon written request of any Commissioner. Written nNotice of special meetings shall be given in accordance with the provisions of Section 2.2 hereof. to each commissioner a minimum of 72 hours in advance of such meeting. Published notice shall be required only if a quorum of the City Council is to be present. ARTICLE 3. OFFICERS 3.1) Officers - The officers of the Authority shall consist of a Chair, a Vice Chair, a Secretary and such other officers as shall from time to time be duly selected and appointed. 3.2) Chair - The Chair, who shall be selected from among the Commissioners, shall preside at all meetings of the Commissioners and shall have general charge of and control over the affairs of the Authority subject to the approval of the Commissioners. • 3.3) Vice Chair - The Vice Chair, who shall be selected from among the Commissioners, shall preside at all meetings of the Commissioners in 3 the absence of the Chair and shall perform such duties as may be • assigned by the Commissioners. In case of death, retirement, or disability of the Chair, the Vice Chair shall perform and be vested with all the duties and powers of the Chair. 3.4) Administrator in the event the Authority desires to create the collected by the Commissioners, may be appointed to serve as the Administrator of the Authority. The Administrator shall be required for work to be accomplished by the Authority. The Administrator shall have complete responsibility for administration of the affairs of the Authority pursuant to policies and directives established by the Commissioners. 3.4) Secretary - The Secretary, who shall be selected from among the Commissioners, shall be responsible for the taking and preparation of minutes of each meeting of the Authority. Further,the Secretary shall be responsible for maintaining any appropriate files as deemed necessary by the Commissioners. including files of the minutes, publications of meetings,. and meeting agendas. The Secretary shall also perform such functions as may be deemed necessary by the Chair. (Amendment adopted 11th day of May, 1994.) • 3.5) : minutes of€ach meeting of the Authority. Further, the Secretary shall . . 3.5) Executive Director - The Authority shall appoint an Executive Director and such other staff. permanent and temporary, that it deems necessary to carry out the business of the Authority. The Executive Director shall have the duties and responsibilities delegated by these by-laws and as assigned by the Authority. (Amendment adopted 11th day of May. 1994.). • 4 ARTICLE 4. • QUORUM AND VOTING 4.1) Quorum - A majority of the Commissioners in office at any time shall constitute a quorum for all purposes. In the case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting from time to time, without notice or other announcement at the meeting, until the requisite number of Commissioners is present, and business which might have been transacted at the meeting which was adjourned may be transacted at such reconvened meeting. 4.2) Voting - In addition to a quorum being required for each meeting of the Authority in order to transact business, a majority of all of the Commissioners shall be required to approve any matter before the Commissioners. ARTICLE 5. FINANCE AND CONTRACTS 4110 5.1) Fiscal Year - The calendar year shall be the fiscal year of the Authority for general and administrative purposes; provided, however, that other fiscal years may be established by resolution as required or desirable for specific purposes or undertakings of the Authority. 5.2) Budget - The following budgetary proceedings shall apply to the transaction of business by the Authority: (01) A budget shall be prepared by the Administrator, and if there is no Administrator, by a budget Committee appointed by the Chair. Executive Director. This budget shall be presented to the Commissioners of the Authority for consideration in September of each year. (02) The budget shall include estimated revenues and the source of revenues, the costs of the projects for the ensuing year, and the estimated costs for staff personnel, as well as the general administrative and overhead costs estimated for the ensuing year, and a proposed levy. (03) After full consideration of the budget, the Commissioners of the Authority shall approve it and the Chair of the Authority shall submit the budget to the City Council not later than the first day of October of each year. 5 • ARTICLE 6. SCOPE OF POWERS AND DUTIES 6.1) Contracts and Procurement (01) All construction work and work of demolition and clearing, contracts for services or for repairs, maintenance and replacements, and every purchase of equipment, supplies or materials and contracts therefor shall be in accordance with the procurement policies, if any, established by resolution of the Authority. (02) Approval of Contract by Attorney - Except for the purchase of expendable office supplies, no contract shall be made by the Authority through any officer or employee except in writing approved as to form by the attorney for the Authority. (03) Execution of Contracts - Unless otherwise directed by the Authority or required by the State or Federal agencies furnishing funds to the Authority, all contracts shall be executed on behalf of the Authority by any two of the officers of the Authority..-, or one officer of the Authority and the Executive Director. • 6.3) Disbursements (01) Federal Funds - All funds received from the Government of the United States or any of its agencies shall be disbursed and accounted for in accordance with the regulations or requirements from time to time made by the Federal agencies furnishing said funds to the Authority. (02) Official Depository - All monies received by the Authority from any source whatsoever shall be deposited in approved bank accounts of the Authority and shall be disbursed only by check, except that petty cash funds not exceeding at any time One Hundred Dollars ($100) may be maintained by the Authority. (03) Checks - All checks drawn on bank accounts of the Authority shall indicate the fund and, in the case of a project, the project to be charged. All checks shall be signed by the two designated Commissioners of the Authority..-, or one officer of the Authority and the Executive Director. • 66 ARTICLE 7. AMENDMENTS These Bylaws may be amended at any regular meeting of the Authority provided that notice of such proposed amendment shall be given to each Commissioner by registered or certified mail ten (10) days prior to such meeting. Amendment of the Bylaws shall be in accordance with procedural and voting requirements established by these Bylaws or by resolution of the Authority. Amended this 28th day of April, 1986. Adopted this day of , 1996. Commissioner Commissioner • Commissioner Commissioner Commissioner Attorney David C. Sellergren • 7