09-25-2017 Council Packet - Laserfiche WebLink

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In addition, the Board shall be responsible for preparing and presenting for the following year at its Annual Meeting a (i) budget for the financial requirements of the CBLID and (ii) proposed levy sufficient to meet such requirements including the proposed distribution of such levy among the Property Owners.5 The proposed levy information shall include the recommended method to assess properties in the CBLID.6 The proposed levy must be approved, or amended and approved, by an affirmative vote of the majority of the Directors at the Annual Meeting.? The levy approved by the Board at the Annual Meeting must in turn be submitted to the City Council for approval.$ Section 2. Eligibility9 All directors (Directors) of the Board must be Property Owners. A majority of the Directors also must be residents of the CBLID. Section 3. Number and Termlo The Board shall consist of seven (7) Directors. Except for the original Directors appointed by the City Council, of which four (4) Directors shall serve three-year (3) terms and three (3) Directors shall serve two-year (2) terms, each Director shall serve a two-year (2) term. The terms shall be staggered and shall run from annual meeting to annual meeting. Section 4. Nominations and Election 1. The initial Directors shall be appointed by the City Council." 2. All subsequent Directors shall be elected by an affirmative vote of the majority of the Property Owners present and entitled to vote at the Annual Meeting, including absentee ballots of the same physically received by the CBLID by 4pm on the date immediately preceding the Annual Meeting.12 3. Annually, Property Owners desiring to stand for election to the Board as a Director shall file with the Secretary of the CBLID, (or the Secretary's designee for receipt of said filings), on or before June 1, a "Declaration of Candidacy for Director." A Property Owner who so files shall be added to the slate of candidates for the Board at the following Annual Meeting. Section S. Vacancies 5 See the Resolution. 6 See Article IX Section 1 of the St. Alban's Agreement. 7 See the Resolution. 8 Minn. Stat. S. 10313.555 provides that the "county board" (interpreted to include the City Council) has authority to impose a levy and there is no authority for delegating this action to a LID board of directors. Accordingly, the City Council must approve the levy. 9 See the Resolution. See also Minn. Stat. S. 10313.51 Subd. 1. 10 See the Resolution. 11 See the Resolution. 12 See the Resolution. See also Minn. Stat. S. 10313.571 Subd. 3(b). See also Article VII Section 2 of the St. Alban's Agreement. 3