HomeMy WebLinkAbout97-96 - ADMIN Resolution - City Council - 1997/07/21RESOLUTION NO
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RESOLUTION APPROVING THE CREATION OF
SPECIAL SERVICE DISTRICT NO. 2 ADVISORY BOARD
AND APPROVING THE BY-LAWS RELATING THERETO
WHEREAS, on May 19, 1997, the City Council adopted Ordinance No. 2093-97
authorizing the creation of Special Service District No. 2, and
WHEREAS, Minnesota Statutes Section 428A.07 enables the City Council to create an
Advisory Board for the purpose of providing general oversight and advisement on activities and
matters involving special service districts, and
WHEREAS, Section 8 of City Ordinance 2093-97 enables the City Council to create an
Advisory Board for the purpose of providing general oversight and advisement on activities and
matters involving the district
NOW THEREFORE BE IT RESOLVED that the City Council authorizes the creation of
the Advisory Board for Special Service District No. 2, approves the By-laws relating thereto,
attached as Exhibit A, and appoints the following property owners within Special Service District
#2 to the Advisory Board:
Sanders M. Ackerberg
John Crouch
Alvin Miller
Lyndly Opitz
David J Payne
J G (Jack) Rossman, Jr
Don Wenner
ATTEST
Ci y Clerk
Reviewed by administration
City Manager
9407 RES 11
4201 Excelsior Boulevard
3924 Excelsior Boulevard
3947 Excelsior Boulevard
4320 Excelsior Boulevard
3912 Excelsior Boulevard
3900 Excelsior Boulevard
4308 Excelsior Boulevard
Adopted by the City Council July 21, 1997
DRAFT
BYLAWS
OF 111
SPECIAL SERVICE DISTRICT NO. 2
ADVISORY BOARD
ARTICLE I
General Provisions
1 1) The City Council for the City of St. Louis Park has appointed an advisory board
(the "Advisory Board") for the Excelsior Boulevard Special Service District #2 (the "District")
in accordance with Minn. Stat., 428A.07. The function of the Advisory Board is to advise the
City Council on issues relating to the construction, maintenance and operation of improvements
and the furnishing of special services within the Distnct In addition, the Advisory Board may
make recommendations to the City Council based upon input received from owners, occupants
and users of property located within the District and subject to a service charge. The Advisory
Board shall have the opportunity to review and comment upon any proposal brought before the
City Council to provide services or impose service charges within the District
1 2) The Advisory Board is established by resolution passed by the City Council
pursuant to Minnesota Statute. The City Council, at its discretion, may pass a resolution
terminating or suspending the Advisory Board and at its sole discretion, may remove members of
the Advisory Board with or without cause.
ARTICLE II
Advisors
2.1) Number, Term of Office The Special Service District #2 Advisory Board shall
consist of a maximum of nine (9) members who are appointed by the City Council. The City may
appoint one additional non-voting member to the Advisory Board to act as a liaison between the
City and the Advisory Board. Advisors shall serve two year terms, which terms shall run to the
31st of December of the second full year of service and may be renewed or continued until a
successor is appointed.
2.2) Voting. At all meetings of the Advisory Board, Advisors shall be entitled to vote
in person or by written proxy, Each Advisor shall be entitled to one (1) vote on all motions.
Except as otherwise required by the Bylaws, all elections and all questions should be decided by a
majority vote of the number of Advisors entitled to vote and represented at the meeting.
2.3) Quorum. The presence of a majority of the Advisory Board shall constitute a
quorum for the transaction of business, provided, however, that if any vacancies exist by reason of
death, resignation, or otherwise, a majority of the remaining Advisors constitutes a quorum The
acts of a majonty of the Advisors present at the meeting at which a quorum is present shall be the
acts of the Advisory Board, except in such cases where a larger number is required by these
Bylaws. The submission of a written, signed proxy shall constitute attendance by the advisor
submitting such proxy
2.4) Annual Meeting. An annual meeting of the Advisory Board shall be held in
January of each calendar year on a date and at a reasonable time and place designated by the
Advisory Board. The secretary shall prepare and mail notices of all annual meetings to the
Advisory Board members and all Owners at least thirty (30) days in advance of such meeting.
2.5) Regular Meeting. Regular meetings of the Advisory Board shall be held at the
time and place as may be fixed by resolution adopted by a majority of the Advisory Board. The
secretary shall prepare and mail notices of all regular meetings to the Advisory Board members
and all Owners at least ten (10) days in advance of such meeting.
2.6) Special Meetings. Special meetings of the Advisory Board may be called by the
President as a matter of discretion. A special meeting shall be called by the President following
the written request of at least four members of the Advisory Board, and when so requested, shall
be held within thirty (30) days but not less than 24 hours following the date of the request. The
President shall notify the Secretary of a special meeting and the Secretary shall prepare and mail
notices as required by these Bylaws.
2.7) Notice of Meetings Notice of the date, time and place of each meeting of the
Advisory Board shall be mailed to each Advisor and Owner within the time period specified in
these Bylaws. The notice shall include an agenda for the meeting.
2.8) Compensation. Advisory Board members shall receive no compensation from the
Advisory Board or the City
2.9) Special Committees. The President may appoint such special committees as may
be recommended by the Advisory Board. The committees are subject at all times to the direction
of the Advisory Board Committee members need not be members of the Advisory Board.
Special committees may be dissolved by a majority vote of the advisory board.
ARTICLE III
Officers
3.1) Election. Term of Office. At its first meeting of each calendar year, the Advisory
Board shall elect from its membership a President, Vice President, Secretary and Treasurer.
Officers shall hold office for one year or until their successors are elected, provided, however, that
any officer may be removed with cause by the affirmative vote of a majority of the Advisory
Board present at a regular or special meeting
3 2) President The President shall preside at all meetings, appoint committees, and
perform such other duties as may be ordered by the Advisory Board All other officers shall be
subject to the direction and authority of the President.
3 3) Vice President. The Vice President shall have such powers and perform such
duties as may be prescribed by the Advisory Board In the event the office of the President
becomes vacant, the Vice President shall succeed to the President's powers and duties
3.4) Secretary The Secretary shall record the minutes of all meetings of the Advisory
Board. The Secretary shall give proper notice of all meetings of the Advisory Board
3.5) Treasurer The Treasurer shall keep and review financial records for the Advisory
Board, if any, and perform all other duties prescribed by the Advisory Board.
3 6) Vacancies. If there is a vacancy among the officers of the Advisory Board, such
vacancy shall be filled by the majority vote of the remaining members of the Advisory Board.
ARTICLE IV
Waiver of Notices
4 1) Whenever any notice is required to be given by these Bylaws, a waiver in writing,
signed by the persons or persons entitled to said notice, whether before, at, or after the time
stated therein, shall be deemed equivalent to any notice required. Attendance by an Advisor at a
meeting of the Advisory Board is a waiver of notice of that meeting.
ARTICLE V
Amendments
5 1) Upon the vote by a two-thirds majority of the Advisory Board, the Advisory
Board may recommend .to the City Council that it pass a resolution altering, amending or
repealing these Bylaws No alteration or amendment of these Bylaws shall be effective until the
City Council approves the same by resolution duly adopted. The Council may also, on its own
initiative, pass a resolution altering or amending the by-laws
9004 GEN72