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Resolution No. 04-18-23-03 EDA enabling resolution amendmentCITY OF SCANDIA RESOLUTION NO. 04-18-23-03 AMENDED AND RESTATED RESOLUTION, AMENDING RESOLUTION 05- 21-13-01 ENABLING THE ESTABLISHMENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SCANDIA, MINNESOTA, PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.090 THROUGH 469.1082, AS AMENDED BE 1T RESOLVED by the City Council (the "Council") of the City of Scandia, Minnesota (the City"), as follows: Section 1. Recitals. 1.01. The City is authorized pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the `'Act") to establish an economic development authority for the City and the Council desires to do so in order to promote certain economic, commercial, housing and industrial development and redevelopment goals and objectives. 1.02. The Council hereby finds that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and is in the best interests of the health, safety, prosperity and general welfare of the residents of the City. 1.03. After the City caused notice of a public hearing on the establishment of an economic development authority to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal was held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so, the City adopted Resolution No. 05-21-13-01, dated May 21, 2013, enabling the establishment of the economic development authority of the City of Scandia, Minnesota, pursuant to Minnesota Statutes, Section 469.090 through 469.1082, as amended. 1.04. On the current proposal to amend and restate enabling Resolution No. 05-21-13-01, amending section 2.02 of the enabling resolution, to designate that the economic development authority for the City be governed by a five -member Board of Commissioners, all of whom would be members of the City Council of the City of Scandia, the City has caused notice of a public hearing to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal has been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so. Section 2. Establishment of Economic Development Authority. 2.01. Pursuant to the Act, the Council establishes an economic development authority for the City to be known as the Economic Development Authority of the City of Scandia, Minnesota (the EDA"). 2.02. The EDA shall be governed by a board of commissioners consisting of five members, all of whom shall be members of the Council. The terms of the Council Members serving as EDA commissioners shall coincide with their respective terms of office as members of the Council. Each commissioner of the EDA shall cease to be a commissioner effective immediately when such person is no longer a member of the Council, and a successor commissioner shall be appointed pursuant to the Act to serve the remainder of the applicable term (if any) so vacated. Section 3. Powers. 3.01. The EDA shall have all powers given to an economic development authority pursuant to the Act, as the same may be amended or supplemented from time to time, including the powers of a housing and redevelopment authority contained in Minnesota Statutes, Sections 469.001 through 469.047, as amended, and the powers of a city under Minnesota Statutes, Sections 469.124 through 469.134, as amended. 3.02. The sale of all general obligation or revenue bonds of the EDA must be approved by the Council before such bonds or obligations are issued. 3.03. The EDA shall follow the budget process for City departments as provided by the City and as implemented by the Council. 3.04. All actions of the EDA must be consistent with the adopted comprehensive plan of the City and any official controls implementing the comprehensive plan. 3.05. The general budget of the EDA must be transmitted and approved by the Council at the same time as the City's general budget. 3.06. Notwithstanding Section 469.101, Subdivision 4 of the Act, the EDA may not take or attempt to take any property within the City by eminent domain without the prior approval of the Council. 3.07 As a means of more clearly setting forth its powers and rules of procedure, at its initial organizational meeting the EDA shall adopt a set of By -Laws, which shall, among other things, establish the general policy duties and provide for the appointment of the President, Vice -President, Treasurer, Assistant Treasurer, and Secretary. The initial By -Laws and subsequent amendments thereto must also be approved by a majority vote of the Council. Adopted by the Scandia City Council this 18t' day of April, 2023. n Christine Maefsky, Mayo ATTEST: 2! Kyle Morell, City Administrator