§ 26-30. Bylaws.

(a)

General rules by statute, ordinance or resolutions. The community development authority of the village shall be governed and controlled by statute; by all ordinances of the village as they relate to the authority, and as such ordinances as may hereafter be amended and adopted; and by this section. All provisions of statute, ordinances or resolutions, as may be enacted from time to time, shall take precedence over this section to the extent that there may be any conflict.

(b)

General powers and duties. The authority shall exercise all powers conferred by Ordinance No. 580, and perform all duties imposed, by state and ordinance, and shall perform such further and other duties as may properly from time to time be required by the village.

(c)

Officers and their duties.

(1)

Presiding officers. The presiding officer of the authority shall be designated as chairperson and shall be elected annually at the meeting of the authority in May of each and every year. To act in the absence of the chairperson, the authority shall elect a vice-chairperson to preside at the meeting. The presiding officer shall preside at all meetings of the authority and shall have the right to vote and make motions; shall rule on matters of procedure, subject to appeal from such rulings by proper motion; shall conduct the meetings in accordance with these rules; shall have such powers and duties as may be necessary for conduct of orderly meetings; and such other powers and duties as assigned to the chairperson, or as may be assigned to the chairperson. The executive director shall be the village administrator.

(2)

Treasurer. The authority shall annually elect a treasurer from among its members. The treasurer of the authority shall handle and keep a record of financial dealings of the authority. The finance director/treasurer shall serve as co-treasurer of the authority.

(3)

Secretary. The executive director shall serve the authority as its secretary and advisor and shall perform all duties requested by the authority. These duties include handling all correspondence and clerical work of the authority; to keep accurate notes of all matters coming before the authority; to receive and file all communications, applications, requests and any and all documents directed to the authority; to mark each document so received with the official filing stamp of the authority; to publish or mail, as the case may be, all notices and advertisements required by law or as directed by the authority; to prepare and mail to each member of the authority not later than the Friday prior to the meeting, a summary statement of the nature of each item on such agenda and a copy of the minutes of the last meeting. The secretary may utilize such members of the village staff (clerk, engineer, public works director, etc.) as may be made available by the board of trustees through the village administrator to accomplish his tasks.

(d)

Agenda. The executive director shall prepare and notice the agenda with direction from the chairperson.

(e)

Meetings.

(1)

Annual meetings. Annual meetings shall be held at a place designated by the authority at its last annual meeting. Meetings shall commence at 7:00 p.m. on the second Wednesday of May. All meetings shall be held at the village hall. Annual meeting times are subject to change only by majority vote of the members.

(2)

Special meetings. Special meetings may be called by the presiding officer whenever in his judgment such meeting is necessary, and the presiding officer shall call such special meeting whenever he is requested to do so in writing by at least three members of the authority. Notice of such special meetings shall be given by announcement at any regular meeting and by written or telephone notice as provided in this section, to such members not present at such meetings, by written notice mailed not less than 48 hours before the time fixed for such hearing; or by telephone notice not less than 24 hours before the time fixed for such hearing. Any business which could be undertaken at an annual meeting may be conducted at such special meeting.

(3)

Quorum. A quorum for all meetings shall consist of four members and the presiding officer shall be included in such count.

(4)

Order of business. The order of business at all meetings, annual and special, unless varied by a suspension of rules agreed upon by a majority of the authority, shall be as follows:

a.

Call to order.

b.

Public hearings.

c.

Approval of minutes of previous meetings.

d.

Old business.

e.

New business.

f.

Persons desiring to be heard.

g.

Adjournment.

(f)

Voting. Provided a quorum is present and except as otherwise by law or these rules provided, the affirmative vote of a majority of the members present shall be required to decide any matter up for consideration. Disqualification of members to vote if any member shall disqualify himself to vote on any such matter, such member, nevertheless, shall be counted in determining whether a quorum is present, but such disqualification shall not decrease the number of votes required for passage of any motion, resolution or the taking of any other action.

(g)

Public hearings.

(1)

Order of business. The order of business for holding public hearings shall be as follows:

a.

A brief statement by the executive director as to the name of the applicant seeking CDA action, mailing address, the nature of the request, and the manner in which notice of the hearings was given.

b.

Presentation of the applicant of the request including any maps, documents and similar exhibits not previously filed.

c.

Statements of all other persons in favor of granting the request.

d.

Statement in rebuttal by opposing the request.

e.

Statements in rebuttal by the applicant and by other persons favoring the request.

f.

Statements in rebuttal by opposing the request.

g.

Statements and objections by any persons not previously heard but only on matters not previously discussed.

h.

Closing of the hearings or, if necessary, adjournment of the hearing to a fixed future date.

(2)

Conduct of public hearings. The presiding officer shall announce immediately prior to each public hearing that no one will be heard unless identified by name and address. The presiding officer shall briefly explain the order of business. The presiding officer shall have the right prior to the hearing to announce that each person's time has elapsed, or in the event of unnecessary repetition, or if the statement is not material or germane.

(3)

Appearance. All persons desiring to be heard shall be heard, in person or by authorized representative (whose authority is confirmed in writing).

(4)

Withdrawal of application. At any time prior to a motion to grant or refuse a request, application or petition, the applicant may withdraw such request, application or petition and such withdrawal shall not entitle the applicant to a refund of whatever filing or publication fee may previously have been paid.

(h)

Decision. All final decisions by the authority shall be in writing and shall be the form of an order or decisions duly adopted by resolution. All such decisions shall be signed by the presiding officer, attested by the secretary, and shall thereupon be filed with the records of the case. The date on which the written decision is filed shall be deemed the date of filing of the decision. The executive director shall promptly thereafter mail a copy of the decision to the applicant or petitioner or authorized representative.

(i)

Recommendations to the board of trustees. Recommendations shall be reviewed by the board of trustees. Recommendations to the board of trustees may be by resolution or in such other form as the authority deems appropriate and upon adoption of any recommendation, a copy of such recommendation shall be delivered by the secretary to the clerk of the board of trustees. Each such recommendation shall contain a full and complete recital of reasons therefor.

(j)

Amendment of rules. These rules may be amended from time to time upon a concurring vote of a majority of all members of the authority and upon approval of the board of trustees. The general rules of procedure of the authority shall be governed by the latest version of Robert's Rules of Order, Newly Revised, in the possession of the authority where no specific statute, law or ordinance controls.

(Code 1991, § 1.24(1)—(10))