Chapter 2.26
North Pole Department of Economic Development
Sections:
2.26.010 Mission.
2.26.020 Declaration of Necessity.
2.26.030 Creation of North Pole Development Authority.
2.26.040 Board of Directors.
2.26.050 Powers and Duties.
2.26.060 Meetings, Quorum and By–Laws.
2.26.070 Budget and Annual Report.
2.26.080 Outside Assistance.
2.26.090 Compensation.
2.26.100 Severability.
2.26.110 Effective Date.
2.26.010 Mission.
The North Pole Department of Economic Development will provide leadership that recruits and promotes commercial, residential and tourism development in the region.
2.26.020 Declaration of Necessity.
The North Pole City Council hereby finds and declares the need for a regional economic development authority to promote economic development within the City of North Pole and surrounding communities by attracting new business and industry to the region and creating new jobs.
2.26.030 Creation of North Pole Development Authority.
As permitted by Alaska statute is hereby created an economic development authority, which shall be known as the “North Pole Development Authority (NPDA). The NPDA during its start-up shall be an entity of the City of North Pole, the North Pole Department of Economic Development (NPDED). Within 18 months after the adoption of this ordinance the NPDA shall be constituted as Federal Internal Revenue Service designated 501C3 or equivalent entity. When the NPDA obtains 501C3 designation it shall become a separate public body, corporate and politic, exercising necessary public powers, and having all the powers, duties and functions conferred on it by applicable law in the promotion of economic development projects critical to the region.
2.26.040 Board of Directors.
A. Governance. The NPDA shall be governed by a Board of Directors (BOD) that shall consist of a minimum of five, but always an odd number. Until such time as the NPDA becomes a 501C3 the BOD shall serve in an advisory capacity to the mayor.
B. Appointment of Directors. The initial members of the Board of Directors shall be appointed by the Mayor of North Pole and confirmed by the North Pole City Council. The Directors shall have sufficient ability and experience in the fields of economic development.
C. Members of the Board of Directors and Officers
1. Directors. The Board of Directors shall be composed of a minimum of five Directors.
a. One (1) Director shall be a member of the North Pole City Council and shall serve during their term of office as City Council member.
b. The remaining Directors shall reside or have expertise and/or interest in the economic development of the North Pole region.
2. Terms of Office
a. One-half of the initial Directors shall be appointed for term of one year, and;
b. One-half of the initial Directors shall be appointed for a term of two (2) years, and;
e. Thereafter, the terms of Directors who are not North Pole City Council members shall be for two years. A Director who is not a member of the Council shall hold office until his or her successor has been appointed and qualified, unless such Director’s term ends earlier because of his or her change of residence, removal, resignation, incapacity or death.
3. Officers. The NPDA shall annually elect a Chairperson, Vice-Chairperson, and Secretary from among the Directors. Vacancies occurring in the office of Chairperson or Vice-Chairperson shall be filled from among the Directors for the unexpired portion of the term.
4. New Appointments, Vacancies and Reappointment among the Board of Directors
a. After the appointment of the original Directors have been made and confirmed, vacancies occurring during any term shall be filled for the unexpired portion of the term, and new appointments or reappointments of Director shall be made in the same manner in which the original appointments were made.
b. A letter of appointment or reappointment of any Director shall be filed with the City Clerk and shall be conclusive evidence of the due and proper appointment of such Director, if such Director has been duly confirmed as herein provided and has duly taken and filed the official oath before entering upon his or her office.
5. Executive Director.
a. Hiring. Prior to designation of the NPDA as a 501C3, the Mayor shall hire the Executive Director and participate with the Board of Directors in his or her supervision. Upon receipt of 501C3 designation, transfer for hiring, evaluation and firing of the Executive Director shall transfer to the Board of Directors.
b. Executive Director shall not be a member of the NPDA. The Executive Director shall be the chief administrative officer of NPDA and shall direct, manage and supervise the NPDA administrative operations and technical activities, in accordance with the directives of the Board of Directors.
2.26.050 Powers and Duties.
A. The NPDA shall have all powers, duties, and functions permitted by Alaska State Statue pertaining to economic development.
B. Specific action taken related to the activities listed immediately below shall be subject to review and approval by the mayor and/or city council as appropriate:
1. Acquisition of land;
2. Expenditure of funds;
3. Apply for grants, contracts and other sources of funding;
4. Hiring and firing of staff.
2.26.060 Meetings, Quorum and By–Laws.
All meetings of the NPDA shall be held in compliance with the provisions of the open meeting law of the State of Alaska. A majority of Directors shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action may be taken by the NPDA upon the affirmative vote of a majority of the Directors present at any meeting. The NPDA may adopt and from time to time amend or repeal such bylaws or other rules or regulations not inconsistent with the applicable laws and this ordinance, as it deems necessary in the performance of its functions and duties.
2.26.070 Budget and Annual Report.
A. An annual budget shall be prepared by the NPDA and submitted to the mayor and shall be subject to approval by the Board of Directors.
B. The NPDA shall prepare and file with the Mayor of North Pole and Board a report of its activities for the preceding calendar year on or before February 15 of the following year.
2.26.080 Outside Assistance.
The NPDA may seek advice from technical experts as it may require from time to time in the performance of its duties and functions, within the limits of the funds available and its spending authority.
2.26.090 Compensation.
The Directors shall receive no compensation for their services, but may be entitled to reimbursement for their actual and necessary expenses, including travel expenses incurred in the discharge of their duties.
2.26.100 Severability.
In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the North Pole City Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.
2.26.110 Effective date.
This ordinance shall become effective upon passage and publication.