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HomeMy WebLinkAboutResolution-2001-0007 RESOLUTION NO. 07-2001 Senes of 2001 TITLE: A RESOLUTION APPROVING THE BYLAWS OF THE WHEAT RIDGE HOUSING AUTHORITY WHEREAS, the parties referenced in the title of this resolution wish to enter into a Bylaws of the Wheat Ridge Housing Authority, described more fully and set forth in the Bylaws of the Wheat Ridge Housing Authority attached hereto and made a part hereof; and WHEREAS, the parties to the Bylaws of the Wheat Ridge Housing Authority have determined that it is in the best interest of and will promote the health, safety, and welfare of the citizens of the City of Wheat Ridge to execute this Agreement; and WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge requires that all intergovernmental agreements entered into by the City be approved by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows. 1 . That certain Bylaws of the Wheat Ridge Housing Authority between the City of Wheat Ridge, Colorado and the Wheat Ridge Housing Authority, attached hereto and made a part hereof, is hereby approved 2. Jerry DiTullio as Chair of the Wheat Ridge Housing Authority IS authorized to execute said Bylaws of the Wheat Ridge Housing Authority. DONE AND RESOLVED this q ~day of !1P~:{} ,2001 R ATTEST: '~I GED\53027\37340601 BY -LAWS OF THE WHEAT RIDGE HOUSING AUTHORITY ARTICLE I THE AUTHORITY Section 1 Name of Authoritv. The name of the Authority shall be the "Wheat Ridge Housing Authority", hereinafter referred to as the Authority. The Authority shall consist of five (5) Commissioners as provided by Resolution 01-2001, Series 2001, of the Wheat Ridge City Council Section 2. Seal of Authoritv. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority Section 3. Office of Authoritv. The office of the Authority shall be in the municipal-building of the City of Wheat Ridge, Colorado, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 ARTICLE II OFFICERS AND PERSONNEL Section 1. Officers. The officers of the Authority shall be a Chairman, and a Vice Chairman Section 2. Chairman The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds, checks for the payment of money and other instruments made by the Authority. Section 3. Vice Chairman. The Vice Chairman shall perform the duties of the Chairman in the absence of the Chairman from the City or incapacity of the Chairman, and in case of a vacancy in the office of the Chairman, the Vice Chairman shall perform such duties as are imposed on the Chairman until such time as the Authority shall select a new Chairman from among its members. Section 4. Executive Director. Such person also shall act as the Executive Director of the Authority Until otherwise provided, the Wheat Ridge City Manager shall serve as the Executive Director of the Authority. The Authority shall be responsible for and shall pay the City for all time expended by the City employees on Authority matters. The Annual amount to be paid by the Authority shall be mutually agreed upon by the parties to this Agreement at the time of preparation of the annual budget based upon the percentage of time spent by the City employees for Authority related matters. GED\53027\37341303 Section 5 RecordinQ Secretary. The Recording Secretary for the Authority shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority, and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purposes, and shall perform all duties incident to this office He or she shall keep in safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. He or she shall designate in writing some person to perform his or her duties hereunder in his or her absence. Section 6 Additional Duties. The Officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority, or by the By-Laws or the Rules and Regulations of the Authority, or pursuant to any cooperation agreement. Section 7. Appointment of Officers. The Chairman of the Authority shall be appointed by the City Council pursuant to 29-4-205, C RS The Officers of the Authority shall be elected annually by the Authority at the first regular meeting in December and shall assume their duties upon election Officers shall hold office for one year or until their successors are elected and qualified Section 8 Vacancies. Should the office of Vice Chairman become vacant, the Authority shall select a successor from its membership at the next regular meeting to serve for the unexpired term of said office Section 9 Personnel The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Housing Authorities Law of the State of Colorado, and all other laws of the State of Colorado applicable thereto The Authority is further expressly authorized to enter into a cooperation agreement with the City of Wheat Ridge for the provision of any such personnel. ARTICLE III MEETINGS Section 1. ReQular Meetinqs. A regular meeting shall be held at such time and place as may be prescribed by motion adopted by the Authority from time to time. All regular meetings of the Authority shall be advertised in a newspaper of general circulation within the City of Wheat Ridge no less than three days prior to the date of such scheduled meeting. Section 2 Special meetinqs. The Chairman of the Authority may, when he or she deems it expedient, shall upon the written request of two members of the Authority, call a special meeting of the Authority for the purpose of transacting any business designated in the notice thereof. The notice for the special meeting must be delivered GEDI53027\37341303 2 to the business or home address of each member of the Authority at least twenty-four (24) hours prior to the date of such special meeting Such notice shall designate the time and place of the special meeting. Any member may waive notice of any meeting and a member's presence shall constitute waiver of notice of that meeting unless the member's written objection to the transaction of any business at the meeting is filed with the Secretary on the ground that the meeting is unlawfully called or convened At such special meeting no business shall be considered other than as designated in the notice, but if all of the members of the Authority are present at a special meeting, any or all business may be transacted at such special meeting. Section 3. Quorum. The power of the Authority shall be vested in the Commissioners thereof in office from time to time. Three (3) of the Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority upon an affirmative vote of the majority of the Commissioners present. Section 4. Attendance. Three (3) absences from the regular meetings of the Authority within a twelve-month period shall constitute grounds for automatic removal from membership, subject to confirmation of removal by the City Council. Section 5. Order of Business. At the regular meeting of the Authority the following shall be the order of business: (1) Call the meeting to order (2) Roll Call of members. (3) Approval of minutes. (4) Officers Reports. (5) Public forum. (6) Old business (7) New business (8) Other (9) Adjournment and place and time of next meeting A contract with persons outside the Authority, with the United States and other public bodies shall be authorized by written resolution, a copy of which resolution and contract shall be kept with the journal of the proceedings of the Authority Section 6 Manner of Votinq The Commissioners affirmative and negative votes shall be entered upon the minutes of every meeting, except in the case of elections when the vote may be by ballot, and except where there is a unanimous vote. Section 7. Open Meetinqs The Authority shall make no final policy decisions, pass no resolution, adopt no rule or regulation, or take any action approving a contract calling for the payment of money at any meeting which is not open to the general public. GEDI53027\37341303 3 ARTICLE IV AMENDMENTS AND -SUSPENSION OF BY-LAWS Section 1 Amendment of By-Laws These By-Laws of the Authority shall be amended only if there has been a notice of motion duly seconded in the previous meeting. Section 2. Suspension of By-Laws Any requirement of these By-Laws may be waived by a written consent signed by all Commissioners. ARTICLE V MISCELLANEOUS Section 1 Removal from Authority Notwithstanding the removal process described in Section 4 of Article III of these By-Laws, any Commissioner may be removed for any of the grounds enumerated in 29-4-208, C.R.S , subject to the notice and hearing requirements set forth therein Section 2. Uniform Standards for Sales The Authority is authorized to adopt uniform standards for the approval of all sales of real property in the exercise of its duties. This section shall not affect the responsibility of the Authority to approve all purchases of real property by Authority action Section 3 Conflict of Interest. No Commissioner, other officer, or employee of the Authority, nor any immediate member of the family of any Commissioner, officer, or employee shall acquire, nor shall any Commissioner or officer retain any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he or she have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any Commissioner, other officer, or employee of the Authority owns or controls an interest, direct or indirect, in any property to be included or planned to be included in any project, he or she shall immediately disclose the same in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority Acquisition or retention of any such interest or willful failure to disclose any such interest shall constitute misconduct in office Section 4. Written materials. Any written notice or other communication to or from the members may take the form of electronic communication or facsimile; provided, however, that all notices of Authority meetings and other materials posted at the Municipal Building or otherwise shall be posted in hard copy written form. Section 5. Rules of Procedure The Authority shall follow Roberts Rules of Order, Tenth Edition. GED\53027\373413.03 4 ADOPTED this 9th day of April ,2001 \J f\ ~~l~lv:,\ Jerry iTu 0, Chair Whea Ridge Housing Authority GED\53027\373413.03 5