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EDA RESOLUTION 13-05 DATED 07-15-2013 RESOLUTION NO. 13-5 A RESOLUTION OF THE COMMISSIONERS OF THE CITY OF ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY AMENDING THE BYLAWS OF THE AUTHORITY WITH RESPECT TO THE PURCHASING POLICIES OF THE AUTHORITY WHEREAS, Section 5.1 of the Bylaws of the Economic Development Authority for the City of Elk River ("Bylaws") provides that the Bylaws may be amended at any meeting provided that notice of such proposed amendment shall be given to each Commissioner and each member of the governing body of the City prior to such meeting; and WHEREAS, the Commissioners of the Authority have determined it is necessary to amend Section 4.4 of the Bylaws to make the Contracting and Procurement policies of the Authority consistent with state law and the Financial Management Policies of the City of Elk River;and WHEREAS, notice of the meeting at which this amendment of the Bylaws is approved has been given to each Commissioner and each member of the governing body of the City prior to such meeting. NOW, THEREFORE, the Commissioners of the Economic Development Authority for the City of Elk River make the following amendments to the Bylaws: Section 3.1(01) of the Bylaws shall be amended to read as follows: (01) President — The President, 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. The President shall sign or as authorized by the Authority. Section 4.4(02) of the Bylaws shall be amended to read as follows: (02) 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 - - - :.. -- - - - . .., . - - - - employee except in writing approved as to form by the attorney for the Authority. Section 4.4(03) of the Bylaws shall be amended to read as follows: (03) Execution of Contracts —Unless otherwise directed by the Authority, required by law or required by the State or Federal agencies furnishing funds to the Authority, all purchasing contracts of the Authority shall be executed on behalf of the Authority by any two of the officers 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 President, or other officer if the President is unavailable, and the executive director, or the executive director's delegee. All checks issued by the Authority shall be signed by the Treasurer and one other officer, as provided in Minnesota Statutes, Section 469.096, Subd. 8. Passed and adopted this Lc- day of t)(-t y , 2013. Dan Tveite,President A'1"1'EST: Brian Beeman,xecutive Director 682486.DOCX 2