INFORMATION #2 EDSR 08-11-2008lNF®RM~lTION
.t~ver
MEMORANDUM
TO: Economic Development Authority
FROM: Annie Deckert, Economic Development Assistant
DATE: August 1 I, 2008
SUBJECT: Sherburne County Economic Development Authority
BACKGROUND
On April I I, 2006, the Sherburne County Board of Commissioners passed a resolution to
create an Economic Development Structure Task Force was established to explore and
recommend the type of entity appropriate to serve as the county's economic development
service provider. The task force met several times and recommended to the county that
the Economic Development Authority is the most effective and efficient structure to provide
the necessary economic development for Sherburne County. On September 12, 2006, the
board of commissioners accepted the recommendation, and directed staff to develop the
Bylaws and Enabling resolution for the SCEDA. The articles and bylaws have been reviewed
by all communities; Zimmerman and St. Cloud have chosen not to be a part of the SCEDA.
DISCUSSION/ACTION
On August 5, 2008, the Sherburne County Board of Commissioners approved the resolution
enabling the creation of an Economic Development Authority with the removal of the
following provision:
Section 2. Limitations on Powers
(~ the E.D.A. may not levy without the approval of the county board
The Commissioners also approved the Bylaws. The SCEDA will be formed of 9 members, 2
of those 9 being county commissioners. All actions of the SCDA must be consistent with all
Cities' comprehensive plans and all projects must be approved first by the City or Township
before the SCEDA. The SCEDA will act as a recommending body to the Sherburne County
Board.
More information will be made available to the EDA as staff receives it.
ATTACHMENTS
• Sherburne County Economic Development Authority Enabling Resolution and Bylaws
SHERBURNE COUNTY ~ I 1 .1' ~ ~~
~_
REQUEST FOR BOARD ACTION
Requested Board Date: August 5, 2008 Originating Department:
Administrator
Flexibility: ^ YES ^ NO
Agenda Item: Consideration of Economic Presenter
Development Authority Enabling Resolution and Brian Bensen, Administrator and Janna King,
Bylaws Economic Develo ment Services
Estimated Time:
^ Consent Agenda ^ 5 Min. ^15 Min.
^ 30 Min. ^ 45 Min. ^ I Hour
Board Action Requested:
^ lnformation/Review ^ Motion to approve... ^ Motion to deny... ^ Other ^ Budget Change
(Please word the motion below as you would like it to appear in the minutes.)
Resolution enabling the creation of an Economic Development Authority in Sherburne County, and to
approve the Bylaws of the Economic Development Authority for Sherburne County (on file in the
Administrator's Department) as presented.
Background: (Attach additional pages if needed)
Su ortin Documents: ^ Attached ^ Non
Department Head Signature/Date: ~~ '% 31 ,~~-
Administrator's Department Signature/Date:
BOARD ACTION ^ Approved as Requested ^ Denied ^ Tabled ^ Accepted Report
^ Other
Date of Action•
Comments:
County Administrator's Signature/Date:
n. v-~urviivLri 1 H V'V1Ur1JV(tTA. W YlJ
Sherburne County Board of Commissioners
Resolution enabling the creation of an
Economic Development Authority
in the County of Sherburne, State of Minnesota.
WHEREAS, Minnesota Statues Section 469.1082 authorizes a County to form a county
economic development authority if the County receives a recommendation to do so from a
committee formed, pursuant to Minnesota Statutes Section 469.1082, Subdivision 2, to
recommend options for a county economic development service provider;
WHEREAS., it was found and determined by the .Sherburne County Board of
Commissioners that the encouragement and financial support of economic development and
redevelopment in Sherburne County (the "County") is vital to the orderly development of the
County, contributes to continued growth and diversification of the tax base, increases
employment opportunities, and is in the best interests of the health, safety, prosperity, and
general welfare of the citizens of Sherburne County;
WHEREAS, on April 11, 2006, the Sherburne County Board of Commissioners passed
Resolution Number 041106-AD-1089 which created a committee, pursuant to Minnesota
Statutes Section 469.1082, Subdivision 2, to explore and recommend the type of entity
appropriate to serve as the Sherburne County economic development service provider;
WHEREAS, pursuant to the aforementioned Resolution, the Sherburne County
Economic Development Structure Task Force ("Task Force") was created, met on June 2t, July
l 3, July 27, and August ) 0, 2006; and presented its findings and recommendations to the
Sherburne County Board of Commissioners in a written report entitled Report to the Sherburne
County Board of Commissioners From the Economic Development Structure Task Force
("Report");
WHEREAS, the Task Force, in its report, concluded that an Economic Development
Authority ("E.D.A." or "Authority") is the most effective and efficient structure to provide the
necessary economic development for Sherburne County;
WHEREAS, at the conclusion of a public hearing held on September 12, 2006, the
Sherburne County Board of Commissioners accepted the Report of the Task Force, adopted its
recommendation, and directed County Staff to develop the Bylaws and Enabling Resolution for
the Sherburne County Economic Development authority;
Belt Therefore Resolved by the Sherburne County Board of Commissioners as follows:
Section 1. Enabling Resolution.
1.O1 The Sherburne County Economic Development Authority (E.D.A.)
is hereby established and created.
1.02 The E.D.A. is a Public body corporate and politic, and is a political
subdivision of the State of Minnesota.
06/118 Sherburne C'ounq~ E.D.A. Ennbling Resolution Pnge l of 7
] .03 The Sherburne County Economic Development Authority shall
have all the powers, duties and responsibilities as set forth in
Minnesota Statutes Sections 469.090 to 469.108] , or as may be
amended from time to time, and all other applicable laws, except
as limited by this Resolution. These powers include, without
limitation:
(a). To use all powers granted to it, from any source, to carry
out its purposes.
(b). To create and define the boundaries of an Economic
Development District.
(c). To enter into joint powers agreements to carry out its
purposes.
(d). Acquire, by purchase, lease, gift, devise, or condemnation,
the needed right, title and interest in real property. Property so
acquired shall be owned, leased, controlled, used, or occupied by
the Authority for public governmental purposes and is exempt
from taxation by the State of Minnesota or its political
subdivisions.
(e). Accept land, money, or other assistance, whether by gift,
loan, or otherwise, in any form, from the federal government, the
State government, or any political subdivision of the State, or any
agency thereof.
(~. Sign options to purchase, sell, or lease property
(g). Sell, or otherwise dispose of, property acquired.
(h). Make contracts for the purpose of economic development.
(i). Become a limited partner in a partnership, or become a
member of any other organization, whose purpose is consistent
with and will further the economic development goals of the
Authority.
(j). Purchase the supplies and materials it needs.
(k). Contract to retained specialized professional services
needed to perform its duties and exercise its powers, in areas
including, but not limited to, economic development, engineering,
architecture, real estate, marketing, and law.
06/2/8 Sherburne County E.D.A Ennbling Resohaion Page 1 oJ7
(1). Research, assemble, and disseminate demographic data and
information pertaining to real estate, economic information,
commercial, and industrial activities within Sherbume County.
(m). Undertake outreach and marketing activities in an effort to
encourage and attract commercial and industrial development in
Sherburne County
Section 2. Limitations on Powers.
2.01 The following limits shall apply to the Sherburne County
Economic Development Authority and its operations:
(a). Bylaws of the E.D.A. must be approved by the Sherburne
County Board of Commissioners.
(b). The E.D.A. shall submit its budget to the Sherburne County
Board annually, at a time specified by the County Administrator,
and shall follow the budget process for all County Departments.
(c). The E.D.A. budget must include a detailed, written estimate
of the amount of monies the E.D.A. expects to require from the
County to conduct Authority business during the subsequent fiscal
year.
(d). The fiscal year of the E.D.A. shall be the same fiscal year
as the County.
(e). The E.D.A. annual operating budget and plan must be
approved by the Sherburne County Board.
(f). The E.D.A. may not levy without the approval of the
Sherburne County Board.
(g). The E.D.A. may not issue bonds without the approval of
the Sherburne County Board.
(h). The actions of the E.D.A. must be consistent with the
Sherburne County Comprehensive Plan and the comprehensive
plan of a city or township in which any EDA development project
is located .
(i). All development plans must be approved by the Sherburne
County Board prior to implementation.
(j). Development projects undertaken by the E.D.A. or in
which the E.D.A. participates financially must also be approved
061718 .Sherburne (~ounty E.D.A. Ennbling Resolurion Pnge 3 oJ7
by a majority vote of the governing board of the city or township
in which the project is located.
Section 3. E.D.A. Board Appointments and Terms of Office.
3.O1 The E.D.A. governing body shall be a Board consisting of nine
Members.
3.02 Two of the members of the E.D.A. Board shall be members of the
Sherburne County Board of Commissioners.
3.03 All E.D.A. Board Members shall be appointed by the E.D.A.
Board Chair, and all Board Members shall be approved by the
Sherburne County Board of Commissioners.
3.04 All E.D.A. Board Members shall either be residents of, or own or
manage a commercial or industrial enterprise at least partially
located within, Sherburne County_ The E.D.A. Board shall include
representation from Townships and incorporated municipalities
located within Sherburne County.
3.05 All E.D.A. Board Members shall initially be appointed for terms of
two, three, four, five, and six years, respectively. Thereafter, all
Board Members shall be appointed for six year terms. Any Board
Member who also serves as an elected public official shall be
appointed to a term commensurate with their term in office.
3.06 Any vacancy in the E.D.A. Board created by the resignation or
removal of any Board Member shall be filled, for the balance of
the unexpired term, by appointment from the E.D.A. Board Chair.
This appointment shall also be approved by the Sherburne County
Board of Commissioners.
Section 4. Removal of E.D.A. Board Members.
4.O1 An E.D.A. Board Member shall automatically be dismissed and
removed for missing, without justifiable excuse, three consecutive
meetings or the majority of Board meetings in any given calendar
year.
4.02 An E.D.A. Board Member may be removed by the Sherburne
County Board for inefficiency, neglect of duty, or misconduct in
office. A Board Member may only be removed after a public
hearing conducted before the Sherburne County Board. A copy of
the allegations must be presented to the Board Member at least ten
(] 0) days before the hearing. The Board Member must be given an
opportunity to be heard, and present witnesses and evidence, at the
public hearing. If a Board Member is removed, a record of the
06/1/8 Sherburne C~ounry- E D.A Ennbling Resol~~rion Pnge 4 oJ7
proceedings, along with the charges and written findings, shall be
filed with the Office of the County Administrator.
4.03 Any Board Member may be removed by a majority vote of the
Sherburne County Board of Commissioners.
Section 5. Conflict of lnterest.
S.OI Except as authorized by Minnesota Statutes Section 471.88, a
Board Member, officer, or employee of the Sherburne County
E.D.A. shall not possess or acquire any financial interest, direct or
indirect, in any project or in any property, included or planned to
be included, in any project; nor shall the person have any financial
interest, direct or indirect, in any -contract or proposed contract for
materials or services to be furnished or used in connection with
any project.
5.02 Any Board Member, officer, or employee who has or may have an
actual or perceived conflict of interest in any project or contract for
services in support of any project shall immediately report the
conflict of interest to the full E.D.A. Board. Failure to disclose any
conflict of interest shall constitute misconduct.
5.03 Any Board Member with a conflict of interest in any project, or in
any contract for services in support of any project, is required to
abstain from voting on all actions of the E.D.A. in connection with
the project.
Section 6. Financial Reports.
b.01 The E.D.A. Board shall prepare and approve monthly financial
reports, which shall include all income, expenditures, and claims of
the Authority.
6.02 The E.D.A. must submit an annual financial statement to the
Sherburne County Board of Commissioners, due on or before the
l S' day of the month of June of each and every year.
6.03 The financial reports and statements of the E.D.A. must be
prepared, audited, filed, and published or posted, in the manner
required for the financial statements of all other County
departments.
6.04 The financial reports and statements of the E.D.A. are subject to
audit by the Sherburne County Auditor and / or the Minnesota
State Auditor.
06/2/8 Sherb~erne County E.D.A. Ennbling Resohu~o^ Pnge S oj7
Section 7. Staffing.
7.O1 The Authority may use the County's purchasing resources in
connection with construction work, or to purchase equipment,
supplies and materials.
7.02 The County may furnish offices, meeting rooms, structures, space,
supplies; or stenographic, clerical, engineering, or other services or
assistance to the Authority.
7.03 The Authority shall receive staff support from the Office of the
County Administrator, as well as the Office of the Sherburne
County Auditor /Treasurer.
7.04 The Authority may use the services of the Sherburne County
Attorney's Office.
Section 8. Modification and Amendment.
8.01 This Enabling Resolution may be modified by the Sherburne
County Board of Commissioners from time to time as deemed
appropriate or necessary, or to make any changes authorized by
law.
8.02 As part of its annual report, the E.D.A. Board shall report to the
Sherburne County Board of Commissioners as to whether any
changes or modifications are requested to either the Authority's
By-Laws or this Enabling Resolution.
Section 9. Affect Upon Other Obligations.
9.01 It is the intention of the Sherburne County Board of
Commissioners that nothing in this Resolution, nor any activity of
the Sherburne County E.D.A.; be construed to impair the
obligations of the County under any of its contracts or to affect in
any detrimental manner the rights and privileges of a holder of any
bond or other obligation heretofore issued by Sherburne County.
The Sherburne County Board of Commissioners shall not modify
any limit in effect at the time any bonds or obligations are issued
or contracts executed to the detriment of the holder of the bonds or
obligations of any contracting party.
Section l0. Implementation.
06/1 /k Sherbtu'ne County' E.D.A. Ennbling Rvcoh~~ion Pnge 6 of 7
10.0] The Sherburne County hoard of Commissioners may, from time to
time as necessary, adopt such ordinances and resolutions as are
required and permitted by law to give full effect to this Resolution.
10.02 The County administrator, and County staff, are authorized and
directed to take the actions and execute the delivery of documents
necessary to give full effect to this Resolution.
Pursuant to MN Stat. 375B.06, this resolution shall be published in the official county newspaper for three
consecutive weeks and become effective 30 days after initial publication.
On , 2008, Commissioner moved the adoption of the above
resolution; Commissioner .seconded the motion to adopt said resolution, and
thereupon the same was put to a vote with the following result:
Commissioner Riebel voted aye_ naye_
Commissioner Engstrom voted aye_ naye_
Commissioner voted aye_ naye_
Commissioner Leonard voted aye_ naye_
Commissioner Schmiesing voted aye_ naye_
Attested to:
Brian J. Bensen
Sherburne County Administrator
Obl1l8 Sherburne County E.D.A. Ennbling Resolution Page 7 oJ7
BYLAWS
OF
THE ECONOMIC DEVELOPMENT AUTHORITY
FOR THE COUNTY OF SHERBURNE,
STATE OF MINNESOTA
PRF. A1ViR1 .F
The Sherburne County Economic Development Authority (the "E.D.A." or "Authority") was
created by Resolution No. ,adopted by the Sherburne County Board of Commissioners
(the County Board"), on the _ day of 200_ (the "Enabling Resolution"), as
authorized by Minnesota Statutes Sections 469.090 - 469. ] 082. The purpose of the Authority is
to serve as an Economic Development Authority pursuant to Minnesota Statutes and its affairs
shall include, but not be limited to, encouraging and promoting commercial and industrial
growth and development in the County of Sherburne.
ARTICLE 1.
AUTHORITY
1.1 Name -The legal name of the .Authority is "The Sherburne County Economic
Development Authority."
] .2 Office -The principal office of the Authority shall be the County Offices of the County
of Sherburne (the "County"), located in the Sherbume County Government Center,
unless otherwise determined by resolution of the Authority.
1.3 Enabling Authority -The Authority shall exist and operate under the supervision of the
County of Sherburne, Minnesota in accordance with Minnesota Statutes. Sections
469.090 through 469.1082 as amended and revised (the "Statute") and the Enabling
Resolution, as may be amended from time to time.
1.4 General Powers and Duties -The Authority shall be a public body corporate and politic
and shall have all the powers necessary or convenient to carry out the purposes of an
economic development authority, including the powers granted by the Statute, as limited
by the Resolution and as may be further limited or expanded by future resolutions
adopted by the County Board.
`.\
].5' Intent and Objectives - It is the intention of the County Board that the Sherburne
County E.D.A. complement the economic development activities of Municipalities and
Townships within Sherbume County by collaborating, coordinating, expanding, and
enhancing these efforts; as opposed to regulating, duplicating or interfering with the
economic development activities undertaken by the Townships and Municipalities.
0611/8 Sherburne County' E.D.A. Bvlm+'r Pnge / oJ8
It is the intention of the County Board to act in an equitable manner and support the
development of business and industrial parks and quality employment opportunities
throughout the county.
ARTICLE 2.
MEETINGS
2.1 Open to the Public -All meetings of the Authority shall be open to the Public and are
governed by the Minnesota Open Meeting Law, Minnesota Statutes Chapter 13 D et. seg.
For purposes of this Section, a "meeting" is defined as the gathering of a majority or
more Officers or Board Members during which Authority business is discussed.
2.2 uorum - A majority of the Board Members in office at any time shall constitute a
quorum for all purposes. There shall be a quorum to conduct business at all meetings of
the Authority. If a quorum is not present for the Annual Meeting those present shall
adjourn the meeting and the Board Chair shall establish a date for a new annual meeting
and cause notice to be given as provided in Section 2.5(b). of this Article. If a quorum is
not present at any regular or special meeting of the Authority, those present shall adjourn
the meeting to the next regular meeting, unless a special meeting is called before the next
regular meeting.
2.3 Rules of Order -All meetings of the Authority shall be conducted in accordance with
Robert 's Rules of Order, Revised.
2.4 Voting - in addition to a quorum being required for each meeting of the Authority in
order to transact business, a majority of all Board Members present shall be required to
approve any matter before the E.D.A. Board.
2.5 Annual Meeting -
a. Time and Place -The Annual Meeting of the Authority shall be held on the fourth
Tuesday of the month of January, at a time as designated, at the principal office of
the Authority, or at such other location designated in the Notice of Annual
Meeting.
b. Notice -Notice of the Annual Meeting shall be published in the official
newspaper of the Authority not less than ten (l0) days in advance of such meeting
and shall be delivered to each Board Member of the Authority and each
Commissioner of the County Board. It shall be the responsibility of the Board
Chair to give this notice. The Authority may use the official newspaper of the
County as and for its official newspaper for al] purposes.
c. Order of Business -The suggested order of business at the Annual Meeting shall
be the following:
0611 /8 Sherburne C'ounry E.D.A. Bylnw's Pnge 1 of 8
i. Roll call;
ii. Confirmation and recognition of new Commissioners;
iii. Election of officers and establishment of their terms;
iv. Appointment of the Executive Director;
v. Designation of committee assignments to Commissioners;
vi. Determination of new committees and assignments of Commissioners;
vii. Consideration of staff assignments;
viii. Approval of official newspaper;
ix. Approval of official depository;
x. Reports by various officers and subcommittees;
xi. Designation of place of meeting during the remainder of calendar year;
xii. Determination of dates of meeting during the remainder of calendar year;
xiii. Discussion of any modifications or amendments to the Statute or the
Enabling Resolution; and
xiv. Discussion of Bylaws and any suggested amendments.
2.6 Regular Meeting -
a. Time and Place -Regular meetings shall be held by the Authority at such time
and place as determined by the Authority at its Annual Meeting, unless the
Authority by subsequent resolution establishes a different time and place for
regular meetings.
b. Notice - No separate notice need be given for regular meetings held at the time
and place designated by Resolution of the Authority.
c. Order of Business -The suggested order of business at regular meetings shall be
the following:
i. Roll call;
ii. Opening format;
iii. Approval of minutes;
iv. Financial matters;
v. Old business;
vi. Consent business;
vii. Hearings and resolutions;
viii. Project considerations;
ix. New business; and
x. Close.
2.7 Special MeetinQS - Special meetings of the Authority shall be called by the Board Chair
at any time, either in his or her discretion or upon written request of any Board Member.
A special meeting may also be called by the Board Chair. Notice of Special Meetings
shall be given to each Board Member and to each Commissioner of the County Board,
and shall be posted at the Authority's principal office.
0617!8 Sherburne County E.D A Bydnws Pnge 3 oJ8
2.8 Participation -Board Members and County Board Commissioners may participate in any
regular or special meeting by telephonic conference, inter-active .television, or other
methods as approved in advance by the Board Chair.
2.9 Alternates -Each Board Member shall designate an alternate person who may appear at
all Regular and Special Meetings in place of the Board Member, if the Board Member is
unable to appear or participate. All alternates shall be approved by the majority vote of
the E.D.A. Board.
ARTICLE 3.
OFFICERS AND STAFF
3.l Officers -The officers of the Authority shall consist of a Board Chair, aVice-Chair, a
Treasurer, a Secretary, and an Assistant Treasurer. The Authority shall elect the Chair,
Vice-Chair, Treasurer, and Secretary annually. The offices of Chair and Vice-Chair may
not be held by the same Commissioner concurrently.
a. Chair -The Board Chair shalt initially be appointed by the Sherburne County
Board for a one year term. Thereafter, the Board Chair shall be selected by the
majority vote of Board Members from among the Board Members, and as
approved by the majority vote of the County Board. The Board Chair shall
preside at all meetings of the Board Members, and shall have general charge of
and control over the affairs of the Authority subject to the approval of the Board
Members. The Board Chair shall sign or countersign all certificates, contracts,
and other instruments of the Authority as authorized by the Authority.
b. Vice-Chair -The Vice-Chair, who shall be selected by the majority vote of
Board Members from among the Board Members, shall preside at all meetings of
the Board in the absence of the Board Chair and shall perform such duties as may
be assigned to him by the Board Members. In case of death, retirement,
resignation, or disability of the Board Chair, the Vice-Chair shall perform and be
vested with all the duties and powers of the Board Chair.
c. Treasurer -The Treasurer, who shall be selected by the majority vote of Board
Members from among the Board Members, shall receive and is responsible for
Authority monies and for acts of the Assistant Treasurer. The Treasurer shall
disburse Authority money by check only, and keep an account of the source of all
receipts and the nature, purpose, and authority of all disbursements. The
Treasurer shall prepare and file all required financial reports. The Treasurer shall
provide a bond as required by law.
d. Secretary -The Secretary shall be responsible for taking and preparing minutes of
each meeting of the Authority. Further, the Secretary shall be responsible for
maintaining any appropriate files as deemed necessary by the Board Members,
061118 Sherburne County E.D.A. Bylnws Pnge a oJ8
including but not limited to files of the minutes, publications of meeting notices,
and meeting agenda. The Secretary shall also perform such functions as may be
deemed necessary by the Board Chair.
e. Assistant Treasurer -The Assistant Treasurer shall have the powers and duties of
the Treasurer if the Treasurer is absent, unavailable, or disabled.
3.2 Absentee - In the case of the absence or inability to act of any Officer of the Authority or
of any person authorized by these Bylaws to act in place of the Officer, the E.D.A. Board
may from time to time delegate the powers or duties of such Officer to any other Officer
or any Board Member whom it may select.
3.3 Vacancies -Vacancies in office arising from any cause will be filled by the Authority in
the manner prescribed in the Enabling Resolution.
3.4 Staff -The Authority may appoint an Executive Director and such other staff as it deems
necessary to carry out the business of the Authority, and may determine their duties,
qualifications, and compensation.
a. The Executive Director shall have the duties and responsibilities as assigned by
the E.D.A. Board, as approved by the Sherburne County Board of
Commissioners.
b. The Authority may .delegate to its staff, employees, or agents such powers or
duties as it may deem proper.
3.5 Consultants -The Authority may contract for the services of consultants as needed to
perform its duties and exercise its powers.
a. The fees, if any, of all contracted agents or consultants of the Authority shall be
fixed by the E.D.A. Board.
b. The Authority may use the services of the County Attorney as its chief legal
advisor.
ARTICLE 4. {
FINANCE, INSURANCE AND CONTRACTS
4.] Fiscal Year -The fiscal year of the Authority shall be the same as the fiscal year of the
County.
4.2 Budget -The following budgetary proceedings shall apply to the transaction of business
by the Authority:
06!2/8 Sherburne C`ounll F_ D.A. Bylnx's Pnge S oJ8
a. A budget shall be prepared by the Treasurer in accordance with the Statute. The
Treasurer shall present the budget to the Board Members of the Authority for
consideration each year at such time as established by the Authority.
b. The budget shall include estimated revenues, the sources of all revenues, an
estimate of the amount of money needed from the County, the costs of projects
for the ensuing year, the estimated costs for staff personnel, the purposes to which
money on hand is fo be applied, as well as the. general administrative and
overhead costs estimated for the ensuing year, and any proposed levy.
c. After full consideration of the budget, the Board Members shat) approve it, and
the President of the Authority shall submit the budget to the Sherburne County
Board of Commissioners.
4.3 Financial Statements -Financial statements of the Authority must be prepared, presented,
.approved, and filed in accordance with all relevant statutes as amended or revised. By
June l of each year, the Treasurer shall file a detailed financial statement with the
Secretary of the Authority covering the financial operations of the Authority during the
twelve (l2) month period ending on December 31 of the previous calendar_year.
4.4 Auditor -The Authority may use the Sherburne County Auditor /Treasurer's Office for
auditing all financial statements, .and for providing staff assistance to the Treasurer for
accounting and reporting.
4.5 Contracts and Procurement -
a. 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 therefore shall be in accordance with the
Statute and procurement policies, if any, established by resolution of the
Authority.
b. 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.
c. 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 (2) of the Officers of the
Authority, including the Board Chair.
4.6 Disbursements -
a. 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
06/118 Sherburne ('ounq- E.D.A. Bylnws Pnge 6 of 8
regulations or requirements from time to time made by the Federal agencies
furnishing said funds to the Authority.
b. Official Depository - The Authority may use the designated County financial
institution for all financial deposits. All monies of the Authority shall be
deposited in the name of the Authority in official County depositories in
accordance with Minnesota Statutes. Monies shall be disbursed only by check,
signed by persons designated by the Authority, except that petty cash funds not
exceeding, at any time, One Hundred Dollars ($ l00) may be maintained by the
Authority.
c. Checks - A11 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 Treasurer and one (l) other Officer named by the Authority by
resolution.
4.7 Records -The books and records of the Authority shall be kept at the principal office of
the Authority.
4.8 Insurance -The Authority, as a separate legal entity, shall purchase and maintain at all
times a liability insurance policy in an amount sufficient, under all reasonable standards,
to adequately insure and protect the Authority from all claims and liabilities arising from
the execution of its appointed. duties and responsibilities. The Policy will name the
Authority as the primary insured and the County of Sherburne, and its officers, agents
and employees, as additional insureds. Proof of liability insurance must be presented to
the Sherburne County Board of Commissioners as part of the Authority's annual financial
statement.
ARTICLE 5.
AMENDMENTS
5.1 Amendments -These Bylaws may be amended at any meeting of the Authority provided
that notice of such proposed amendments shall be given to each Board Member and each
County Board Commissioner prior to such meeting. Amendment of the Bylaws shall be
in accordance with the procedural and voting requirements established by these Bylaws
or by resolution of the Authority.
5.2 Existing Projects -The Authority shall have neither control nor authority over any
existing economic development or redevelopment project in the County unless
specifically so provided by resolution of the Sherburne County Board of Commissioners.
If the County Board adopts a resolution transferring control, authority and operation of
any existing project to the Authority, the Authority shall accept control, authority, and
operation of the project. When taking control of an existing project the Authority may
exercise all of the powers that the govenvnental unit established in the project could
exercise with respect to the project and shall covenant and pledge to perform the terms,
06/7/8 Sherburne (rn~nri• F_ D A Bylnws Pnge 7 oJ8
conditions, and covenants of any bond indentures or other agreements executed with
respect to the project.
5.3 Advisory Committees -The Authority may create and maintain, in its discretion,
volunteer advisory committees which will act in an advisory capacity to the Authority.
a. All members of the advisory committees will be appointed by the Authority.
b. Membership of any advisory committee does not need to be comprised
exclusively of members of the E.D.A. Board.
c. The responsibility of the advisory committee shall be to advise and assist the
Authority and to work with the Board Chair of the Authority and the economic
development coordinator of the County on assignments, if needed.
Adopted this day of , 200
Name, Board Chair
Name, Vice-Chair
Name, Treasurer
Name, Secretary
Name, Assistant Treasurer
Name, Assistant Sherburne County Attorney
061118 Sherburne (~oun~q E-D.A. Bylnws Pnge 8 of 8
February 13, 2008
Sherburne County
Calculations of Economic Development Levies with
Pay 2008 Taxable Market Values and Maximum .01813% Rate
Taxable Market Value Lew EstimatPc
Sherburne Coun 8,358,744,640 $1,515,440
Ci of Becker 926,449,400 $167,965
Ci of Bi Lake 768,546,300 $139,337
Ci of Clear Lake 42,210,100 $7,653
Ci of Elk River 2,200,817,140 $399,008
Ci of E. St. Cloud 260,263,900 $47,186
Ci of Princeton 47,330,900 $8,581
Ci of Zimmerman 348,674,300 $63,215
Rate for Economic Development comes from the DOR web site report and M.S. 469.107
Taxable Market Value is from the 2007 Assessment Abstract of Real 8 Personal Property
dated 1/30/08 and it is the amount on line it 1034 =Taxable Mkt Val R 8 P Property
C:\DOCUME-1\BENSEN-1.SHE\LOCALS-1\Temp\2008 EDA Levy Est Calculations for County and Cities