4.5. HRSR 04-02-2018Request for Action
To Item Number
Housing and Redevelopment Authority 4.5
Agenda Section Meeting Date Prepared by
Consent April 2, 2018 Amanda Othoudt, EDD
Item Description Reviewed by
Bylaws Amendments Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the resolution approving amending the HRA bylaws.
Background/Discussion
During their annual meeting on February 5, 2018, the HRA reviewed suggested changes and updates to
the HRA Bylaws.
At their March 5, 2018, meeting, the HRA reviewed the changes to the bylaws and requested that staff
prepare a resolution of approval for formal action in April.
Financial Impact
N/A
Attachments
Resolution
HRA Bylaws (clean and redlined)
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF ELK RIVER, MINNESOTA
RESOLUTION NO. _______________
RESOLUTION APPROVING AMENDMENT OF BYLAWS
WHEREAS, the Board of Commissioners (the “Board”) of the Housing and Redevelopment
Authority in and for the City of Elk River, Minnesota (the “Authority”) has considered proposed
amendments to its Bylaws; and
WHEREAS, the Board has determined that it is reasonable, expedient and in the best
interest of the public and City of Elk River (the “City”) to amend the Bylaws of the Authority; and
WHEREAS, Article 8 of the Bylaws provides for amendments to the Bylaws by majority
vote of the Board at any regular or special meeting of the Authority, provided that a copy of the
proposed amendment has been delivered to each Commissioner at least 10 days prior to the meeting
at which such amendment is considered; and
WHEREAS, the amended Bylaws proposed by this Resolution were delivered to each
Commissioner at least 10 days prior to the date hereof.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing
and Redevelopment Authority in and for the City of Elk River, Minnesota as follows:
1. The Authority’s Bylaws are amended in the form attached to this Resolution.
2. The Board hereby approves the amended Bylaws.
3. The amended Bylaws are effective upon adoption of this Resolution.
Approved by the Board of Commissioners of the Housing and Redevelopment Authority in
and for the City of Elk River this 2nd day of April, 2018.
President
ATTEST:
Executive Director
518777v1 GAF EL185-13
Bylaws
Housing and Redevelopment Authority
in and for
the City of Elk River, Minnesota
Preamble
The Housing and Redevelopment Authority in and for the City of Elk River (the “Authority”) 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. The bylaws of the Elk River Housing and
Redevelopment Authority dated as of April 28, 1986, are hereby repealed. The bylaws dated
November 25, 1996, are hereby adopted and shall govern from this day forward, as amended as
provided herein.
Article 1
Authority and Commissioners
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
River, unless otherwise determined by resolution of the Authority.
1.3) Commissioners – The Board of Commissioners of the Authority shall consist of 5 members.
Commissioners shall be appointed in accordance with Minnesota Statutes, Section 469.003,
subdivision 6, as amended.
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 first Monday of February at 5:30 p.m., or such other location as
designated in the notice of the annual meeting. Any annual meeting falling upon a holiday
shall be held on the next business day at the same time and location.
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 Executive Director to give this notice.
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2.3) Quorum - There shall be a quorum to conduct business at the annual meeting. If a quorum
is not present, the 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. Election of officers and establishment of their terms.
3. Designation of committee assignments to Commissioners.
4. Determination of new committees and assignments of Commissioners.
2.5) Regular Meetings and Order of Business at Regular Meetings - Regular meetings shall be
held by the Authority on the first Monday of each month at 5:30 p.m. at the principal office
of the Authority, unless otherwise designated, and shall be open to the public. Any regular
meeting falling upon a holiday shall be held on the next regular business day at the same time
and location. No separate notice need be given for regular meetings. The suggested order
of business at regular meetings shall be the following:
1. Call meeting to order
2. Pledge of Allegiance
3. Consider Agenda
4. Consent Agenda
A. Minutes
B. Check Register
C. Balance Sheet
D. Revenue and Expenditures Report
5. Open Forum
6. Public Hearings
7. General Business
8. Worksession
9. Adjournment
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2.6) Special Meetings - Special meetings of the Authority shall be called by the Executive
Director at any time upon written request of any Commissioner. Notice of special meetings
shall be given to each commissioner a minimum of 72 hours in advance of such meeting.
2.7) Attendance Policy - The City Council has adopted an Attendance Policy applicable to all
Commissioners. The City Council may amend the Attendance Policy from time to time. At
all times, Commissioners shall comply with the Attendance Policy then in effect on file with
the Executive Director. Failure to comply with the Attendance Policy may result in removal
from the Board of Commissioners in accordance with the Attendance Policy.
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 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) Secretary - The Secretary, who shall be selected from among the Commissioners, shall be
responsible for reviewing the minutes of each meeting of the Authority. The Secretary shall
also perform such functions as may be deemed necessary by the Chair.
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.
3.6) Election or Appointment; Vacancies. The Chair, Vice Chair, and Secretary shall be elected by
the Commissioners at the annual meeting, and shall hold such office until his/her successor
is elected. Should the office of Chair become vacant, the Vice Chair shall become the Chair.
Should the office of Vice Chair and Secretary become vacant, the Authority shall appoint a
successor from its membership at the next regular meeting, and such appointment shall be
for the unexpired term of the said office.
Article 4
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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, 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
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 Executive Director. This budget shall be
presented to the Commissioners of the Authority for consideration in August 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 tenth day of September of each year.
Article 6
Scope of Powers and Duties
6.1) Contracts and Procurement
(01) Approval of Contract by Attorney – Contracts of the Authority shall be in writing
and, except when deemed unnecessary by the Authority or the Executive Director, shall be
approved as to form by the attorney for the Authority.
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(02) Execution of Contracts - Unless otherwise directed by the Authority, required by law
or required by State or Federal agencies furnishing funds to the Authority, all purchasing
contracts of the Authority shall be executed on behalf of the Authority as provided by the
Purchasing Policy set forth in the Financial Management Policies of the City of Elk River, as
amended from time to time. Non-purchasing contracts and other instruments of the
Authority shall be executed by the Chair, or other officer if the Chair is unavailable, and the
executive director, or the executive director’s delegate.
6.2) 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 One Hundred Dollars
($100) at any time 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.
6.3) Ongoing Duties. The Authority shall evaluate and consider staff assignments, the status of
existing Authority projects, any modifications or amendments to the “Municipal Housing
and Redevelopment Act” and suggested amendments and changes to the Authority’s bylaws
from time to time as needed.
6.4) Official Newspaper. The official newspaper of the Authority shall be the official newspaper
of the City of Elk River, unless otherwise determined by resolution of the Authority.
6.5) Official Depository. The official depository of the Authority shall be the official depository
of the City of Elk River, unless otherwise determined by resolution of the Authority.
Article 7
7.1) Advisory Committees
(01) The Authority shall maintain, at their discretion, volunteer advisory committees
which will act in an advisory capacity to the Authority.
(02) The advisory committees will include without limitation:
(a) A joint EDA/HRA Finance Committee which shall consist of (i) two HRA
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Commissioners appointed by the HRA, (ii) two EDA Commissioners appointed by
the EDA, and (iii) five members of the Elk River community consisting of two
members of the banking profession, one member of the legal profession, one
member of the real estate profession and one member of the community at large
each of whom shall be approved, as needed, by the then-existing members of the
Finance Committee to fill any open seat consistent with foregoing community
categories;
(03) All members of the advisory committees will be approved by the Authority.
(04) The responsibility of the advisory committees shall be to advise and assist the
Authority and to work with the executive director of the Authority and the economic
development coordinator of the city on assignments if needed.
Article 8
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 hand, registered, or certified mail a
minimum of 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.
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516013v5 JSB EL185-13516013v5 JSB EL185-13
Adopted this ___ day of ________, 201__.
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________ ______________________________
Commissioner Attorney
Amendments to Original 1980 Bylaws (attached):
Bylaws adopted April 28, 1986
May 11, 1994 – Delete Section 3.4 and Section 3.5 of Article 3; rewritten
Bylaws adopted November 25, 1996
January 5, 2004 – Delete Section 2.1 and 2.5 of Article 2; rewritten
January 3, 2005 – Amend Section 2.1 and Section 2.5, regarding meeting dates falling on
holidays
January 2, 2007 – Amend Section 2.1 and Section 2.5 of Article 2, change meeting times to
5:30pm
August 5, 2013 – Delete Section 6.1; Section 6.1 and 6.2 rewritten, regarding contracts
February 2, 2015 – Amend Sections 2.1, 2.5, 2.6, and Article 7 regarding annual meeting,
public hearing, and amendment processing.
May 2, 2016 – Amend Article 3, Section (3.4) Secretary, position description.
June 5, 2017 – Amend Article 7, Section (7.1) Advisory Committees - A joint EDA/HRA
Finance Committee
April 2, 2018 – Add Sections 1.3, 2.7, 3.6, 5.3, 6.4 and 6.5; revise Articles 2.4 and 2.5; various
minor revisions
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Bylaws
Housing and Redevelopment Authority
in and for
the City of Elk River, Minnesota
Preamble
The Housing and Redevelopment Authority in and for the City of Elk River (the “Authority”) 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. The bylaws of the Elk River Housing and
Redevelopment Authority dated as of April 28, 1986, are hereby repealed. The bylaws dated
November 25, 1996, are hereby adopted and shall govern from this day forward, as amended as
provided herein.
Article 1
Authority and Commissioners
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
River, unless otherwise determined by resolution of the Authority.
1.3) Commissioners – The Board of Commissioners of the Authority shall consist of 5 members.
Commissioners shall be appointed in accordance with Minnesota Statutes, Section 469.003,
subdivision 6, as amended.
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 first Monday of February at 5:30 p.m., or such other location as
designated in the notice of the annual meeting. Any annual meeting falling upon a holiday
shall be held on the next business day at the same time and location.
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 Executive Director to give this notice.
s:\\eda\\hra\\bylaws.doc
2.3) Quorum - There shall be a quorum to conduct business at the annual meeting. If a quorum
is not present, the 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. Election of officers and establishment of their terms.
3. Designation of committee assignments to Commissioners.
4. Determination of new committees and assignments of Commissioners.
2.5) Regular Meetings and Order of Business at Regular Meetings - Regular meetings shall be
held by the Authority on the first Monday of each month at 5:30 p.m. at the principal office
of the Authority, unless otherwise designated, and shall be open to the public. Any regular
meeting falling upon a holiday shall be held on the next regular business day at the same time
and location. No separate notice need be given for regular meetings. The suggested order
of business at regular meetings shall be the following:
1. Call meeting to order
2. Pledge of Allegiance
3. Consider Agenda
4. Consent Agenda
A. Minutes
B. Check Register
C. Balance Sheet
D. Revenue and Expenditures Report
5. Open Forum
6. Public Hearings
7. General Business
8. Worksession
9. Adjournment
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516013v5 JSB EL185-13
2.6) Special Meetings - Special meetings of the Authority shall be called by the Executive
Director at any time upon written request of any Commissioner. Notice of special meetings
shall be given to each commissioner a minimum of 72 hours in advance of such meeting.
2.7) Attendance Policy - The City Council has adopted an Attendance Policy applicable to all
Commissioners. The City Council may amend the Attendance Policy from time to time. At
all times, Commissioners shall comply with the Attendance Policy then in effect on file with
the Executive Director. Failure to comply with the Attendance Policy may result in removal
from the Board of Commissioners in accordance with the Attendance Policy.
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 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) Secretary - The Secretary, who shall be selected from among the Commissioners, shall be
responsible for reviewing the minutes of each meeting of the Authority. The Secretary shall
also perform such functions as may be deemed necessary by the Chair.
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.
3.6) Election or Appointment; Vacancies. The Chair, Vice Chair, and Secretary shall be elected by
the Commissioners at the annual meeting, and shall hold such office until his/her successor
is elected. Should the office of Chair become vacant, the Vice Chair shall become the Chair.
Should the office of Vice Chair and Secretary become vacant, the Authority shall appoint a
successor from its membership at the next regular meeting, and such appointment shall be
for the unexpired term of the said office.
Article 4
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516013v5 JSB EL185-13
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, 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
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 Executive Director. This budget shall be
presented to the Commissioners of the Authority for consideration in August 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 tenth day of September of each year.
Article 6
Scope of Powers and Duties
6.1) Contracts and Procurement
(01) Approval of Contract by Attorney – Contracts of the Authority shall be in writing
and, except when deemed unnecessary by the Authority or the Executive Director, shall be
approved as to form by the attorney for the Authority.
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516013v5 JSB EL185-13
(02) Execution of Contracts - Unless otherwise directed by the Authority, required by law
or required by State or Federal agencies furnishing funds to the Authority, all purchasing
contracts of the Authority shall be executed on behalf of the Authority as provided by the
Purchasing Policy set forth in the Financial Management Policies of the City of Elk River, as
amended from time to time. Non-purchasing contracts and other instruments of the
Authority shall be executed by the Chair, or other officer if the Chair is unavailable, and the
executive director, or the executive director’s delegate.
6.2) 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 One Hundred Dollars
($100) at any time 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.
6.3) Ongoing Duties. The Authority shall evaluate and consider staff assignments, the status of
existing Authority projects, any modifications or amendments to the “Municipal Housing
and Redevelopment Act” and suggested amendments and changes to the Authority’s bylaws
from time to time as needed.
6.4) Official Newspaper. The official newspaper of the Authority shall be the official newspaper
of the City of Elk River, unless otherwise determined by resolution of the Authority.
6.5) Official Depository. The official depository of the Authority shall be the official depository
of the City of Elk River, unless otherwise determined by resolution of the Authority.
Article 7
7.1) Advisory Committees
(01) The Authority shall maintain, at their discretion, volunteer advisory committees
which will act in an advisory capacity to the Authority.
(02) The advisory committees will include without limitation:
(a) A joint EDA/HRA Finance Committee which shall consist of (i) two HRA
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516013v5 JSB EL185-13
Commissioners appointed by the HRA, (ii) two EDA Commissioners appointed by
the EDA, and (iii) five members of the Elk River community consisting of two
members of the banking profession, one member of the legal profession, one
member of the real estate profession and one member of the community at large
each of whom shall be approved, as needed, by the then-existing members of the
Finance Committee to fill any open seat consistent with foregoing community
categories;
(03) All members of the advisory committees will be approved by the Authority.
(04) The responsibility of the advisory committees shall be to advise and assist the
Authority and to work with the executive director of the Authority and the economic
development coordinator of the city on assignments if needed.
Article 8
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 hand, registered, or certified mail a
minimum of 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.
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516013v5 JSB EL185-13
Adopted this ___ day of ________, 201__.
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________
Commissioner
____________________________________ ______________________________
Commissioner Attorney
Amendments to Original 1980 Bylaws (attached):
Bylaws adopted April 28, 1986
May 11, 1994 – Delete Section 3.4 and Section 3.5 of Article 3; rewritten
Bylaws adopted November 25, 1996
January 5, 2004 – Delete Section 2.1 and 2.5 of Article 2; rewritten
January 3, 2005 – Amend Section 2.1 and Section 2.5, regarding meeting dates falling on
holidays
January 2, 2007 – Amend Section 2.1 and Section 2.5 of Article 2, change meeting times to
5:30pm
August 5, 2013 – Delete Section 6.1; Section 6.1 and 6.2 rewritten, regarding contracts
February 2, 2015 – Amend Sections 2.1, 2.5, 2.6, and Article 7 regarding annual meeting,
public hearing, and amendment processing.
May 2, 2016 – Amend Article 3, Section (3.4) Secretary, position description.
June 5, 2017 – Amend Article 7, Section (7.1) Advisory Committees - A joint EDA/HRA
Finance Committee
April 2, 2018 – Add Sections 1.3, 2.7, 3.6, 5.3, 6.4 and 6.5; revise Articles 2.4 and 2.5; various
minor revisions
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516013v5 JSB EL185-13