Loading...
HomeMy WebLinkAbout1976-07-06; Carlsbad Redevelopment Agency; Resolution 1-- 2 3 4 5 6 7 8 *9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I EXHIBIT' 1 RESOLUTION NO. 1 A RESOLUTION OF THE CARLSBAD REDEVELOPMENT REDEVELOPMENT AGENCY. AGENCY ADOPTING THE BY-LAWS OF THE CARLSBAD WHEREAS, the City of Carlsbad has established the Carlsbad Redevelopment Agency pursuant to the provisions of the California Community Redevelopment Law; and I WHEREAS, the City Council has declared itself to be the Carlsbad Redevelopment Agency in accordance with that law; and WHEREAS, the Agency desires to establish By-Laws in order to carry into effect the powers, purposes and functions of the Agency ; NOW, THEREFORE,. BE IT RESOLVED, that the By-Laws of the Carlsbad Redevelopment Agency attached here'to as Exhibit "A", and incorporated herein, are hereby approved and adopted. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Redevelopment Agency on the 6th day of July , 1976, by the following vote, to wit: AYES: Directors Fratee, Lewis, Packard, Skotnicki, and NOES: None Casler. ABSENT: None ATTEST: (SEAL) CHAIRPERSON P&C&+ .. -. EXH. -T A TO RESOLUTION NO. 1 CARLSBAD REDEVELOPMENT AGENCY BY-LAWS .. Adopted July 6 I 1976 RESOLUTION NO. 1 TABLE OF CONTENTS ARTICLE I THE AGENCY Section 101 Name of the Agency Section 102 Agency Members Section 103 Agency Seal Section 104 Business Offices of the Agency ARTICLE I1 OFFICERS OF THE AGENCY . Section 201 Designation of Officers Section 202 Terms of Officers Section 203 buties of Officers Section 204 Compensation of Officers ARTICLE I11 EMPLOYEES, AGENTS, AND CONSULTANTS Section 301 Appointment of Employees, Agents, and Consultants Section 302 Compensation of Employees, Agents, and 1 Consultants ARTICLE IV GENERAL Section 401 Authority to Bind Agency Section 402 Contracts, Deeds and Other Documents Section 403 Payment of Money, Notes or Other Indebtedness J .. -- ARTICLE V MEETINGS Section 501 Annual Meetings . Section 502 Regular Meetings Section 503 Special Meetings .. 0 Section 504 Executive Sessions . Section 505 Public Hearings Section 506 Adjourning and Continuing Meetings and Hearings to Other Times or Places Section 507 Meetings to be Open and Public Section 508 Quorum Section 509 Order of Business . ARTICLE VI AMENDMENT OF THE BY-LAWS ii. J -_ - CARLSBAD REDEVELOPMENT AGENCY CARLSBAD, CALIFORNIA BY-LAWS ARTICLE I THE AGENCY '-.+ Section 101: Name of the Agency. The name of the Agency shall be the "CARLSBAD REDEVELOPMENT AGENCY, Carlsbad, California. 'I Section 102: Agency Members, The City Council of the City of Carlsbad has by Ordinance No. 1191 declared there is a need for the Agency and by Ordinance No. 1192 declared itself to be the Agency. The members of the Agency shall be the members of the City Council as that body is constituted and shall remain Agency members only so long as said members remain on the Council. New members of the City Council shal1,automatically become members of the Agency, Section 103: Agency Seal. The seal of the Agency shall be in the form of a circle and shall bear the name'of the Agency and the year of its organization. Section 104: Business Offices of the Agency. The business office of the Agency shall be in such locations in the City of Carlsbad, State of California, as may be selected from time-to- time by resolution or motion of the Agency members. The principal business office of the Agency shall be in the City Hall, 1200 Elm Avenue, Carlsbad, California, unless and until . changed by resolution or motion of the Agency members. ARTICLE I1 OFFICERS OF THE AGENCY Section 201: Designation of Officers. The officers of the Agency shall be the Chairperson, the Vice Chairperson, the Secretary and the Treasurer. The Chairperson and the Vice Chairperson shall be elected from among the members of the Agency. The first Chairperson and Vice Chairperson of the Agency shall be elected at the first Meeting of the Agency. The Executive Director of the Agency shall be the Secretary of the Agency. The City Finance Director shall be the Treasurer of the Agency. , The Agency members may appoint such other officers (permanent, ' acting, or temporary) as may be appropriate. The Agency members may fix and determine the qualifications, duties and compensa- tions of Agency officers. Section 202: Terms of Officers. . 'such offices only as long as they office. Section 203: Duties of Officers. The Agency officers shall hold hold the appropriate City The Chairperson shall preside at the Agency meetings and perform such other duties as are . appropriate, The Vice Chairperson,.in the absence or incapacity of the Chair- person, shall perform the dutires of the Chairperson. Should the office of the Chairperson become vacant, the Vice Chairperson shall perform the duties of the Chairperson until the Agency Members elect a new Chairperson. The Secretary shall keep and maintain records of the Agency and minutes of the Agency meetings. The Secretary shall also keep in safe custody the seal of the Agency. The Secretary shall be authorized to affix the seal to all documents and instruments to be executed for the Agency by vote of the members. The Secretary shall also perform all other duties incident to the office of Secretary. The Treasurer shall supervise the fiscal affairs of the Agency and shall also supervise the care and custody of all monies of the Agency. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions of the Agency to be kept and maintained. The Treasurer shall render to the Members of the Agency, whenever requested, a Treasurer's report of the Agency's transactions and financial condition. The Treasurer shall submit to the members of the Agency significant information and recommendations concerning the fiscal affairs of the Agency. The Treasurer shall also perform all other duties incidental to the office of Treasurer. Section 204: Compensation of Officers. Nembers may receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Members of the Agency may receive such other compensation as the City Council prescribes consistent with state and local law. Other Agency officers shall receive no compensation as Agency officers, other than compensation received for their City employment. - 2. .. ARTICLE I11 EMPLOYEES, AGENTS, AND CONSULTANTS . Section 301: Appointment of Employees, Agents, and Consultants. The City Manager shall be the Executive Director of the .Agency pursuant to a contract between the Agency and the City. The Executive Director is charged with the administration, manage- ment, and general supervision of the business and affairs of the Agency. Services to be rendered to the Agency are to be supplied by City employees pursuant to contract between the Agency and the City. The members of the Agency may from time-to-time establish such positions and select and appoint such agents and consultants, permanent and temporary, as it may require and determine their qualifications, duties and compensation. The Executive Director is authorized to appoint other employees in positions established by the Agency. Section 302: Compensation of Employees, Agents, and Consultants. The Agency members may fix and determine the compensation of all Agency employees, agents, and consultants. City employees who perform services for the Agency shall receive no compensa- tion for Agency services, other than compensation received for their City employment. ARTICLE IV GENERAL Section 401: Authority to Bind Agency. No member, officer, agent or employee of the Agency, without prior authority by a vote of the Agency members, shall have any power or authority to bind the Agency in any manner, to pledge its credits, or to render it , liable for any purpose in any amount. Section 402: Contracts, Deeds and Other Documents. The Agency members shall designate the person or persons to execute on behalf of the Agency all contracts, deeds and other documents and instruments as authorized by the Agency members. Section 403: Payment of Money, Notes or Other Indebtedness. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of or payable to the Agency shall be signed or endorsed by such person or persons and in such a manner as from time-to-time shall be determined by the members of the Agency. 3. .- e. .- ARTICLE V MEETINGS . Section 501: Annual Meetings. The annual meeting of the Agency for election of Chairperson and Vice Chairperson shal1,be held .at 7:OO P.M. on the third Tuesday of April of each year in the Council Chambers of the City. The Agency members may establish another meeting place or postpone the time of the meeting. . Section 502: Regular Meetings. Regular meetings shall be held without notice in the Council Chambers of the City (or in another place established by members of the Agency by amendment of these By-Laws) on the third Tuesday of each month at 7:OO P.M. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding business day at the same hour and location. Section 503: Special Meetings. A special meeting may be called at any time by the Chairperson or upon the written request of two of the members of the Agency by delivering, personally or by mail, written notice to each member and to each person or entity entitled by law to receive such notices. Such notice must be delivered personally or by mail at least 24 hours before the time cf suzh meting as specified in the nztice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Agency members. Such written notice may be dispensed with as to any member who (at or prior to the time the meeting convenes) files with the Secretary of the Agency a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the time it convenes, Section 504: Executive Sessions. Nothing contained in these By-Laws shall be construed to prevent the Agency members from holding executive sessions during a regular or special meeting concerning any matter permitted by law to be consider- ed in an executive session. Section 505: Public Hearings. All public hearings held by the Agency members shall be held during regular or special meetings of the Agency members. Section 506: .Adjourning and Continuing Meetings and Public Hearings to Other Times and Places. The Agency members may continue or adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so continue 4. or adjourn from time-to-time. If all members are absent from any regular meeting or adjourned regular meeting the Secretary or Acting Secretary of the Agency may declare themeefing continued or adjourned to a stated time and place and shall cause a written notice of the continuance or adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of continuance or adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the continuance or adjournment. When a regular, continued, or adjourned regular meeting is continued or adjourned as provided in this section, the resulting continued or adjourned regular meeting is a regular meeting for all purposes. When an order of continuance or adjournment of any meeting fails to state the hour at which the continued or adjourned meeting is . to be held, it shall be held at the hour specified for regular meetings. Any hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance or adjournment be continued, recontinued, adjourned, or re- adjourned to any subsequent meeting in the same manner and to the same extent set forth for the continuance or adjournment of meetings. If any meeting or hearing is continued or adjourned to a time less than 24 hours after the time specified in these By-Laws or in the order or notice of meeting or hearing, a copy of the order or notice of continuance or adjournment, shall be posted immediately following the meeting at which the order or declaration of continuance or adjournment was adopted or made. Section 507: Meetings to be Open and Public. All meetings of a majority or more Agency members to take action or to deliberate concerning Agency business and its conduct shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings except as otherwise permitted by law. Section 508: Quorum. A majority of the members of the Agency shall constitute a quorum for the purpose of conducting its business, exercising its powers, and for all other purposes. A smaller number of Agency members may adjourn a meeting from time-to-time until a quorum is present. If a quorum is present action may be taken b.y the Agency only upon a favorable vote of the majority of the total number of Agency members. 5. , .. - e .. Section 509: Order of Business. The following shall be the general order of business at Agency meetings: . Roll Call. Approval of Minutes. Payment .of Bills, Unfinished Business. New Business. Executive Director's Report. Adjournment. At any meeting, the Agency members, by a vote of a majority of the members, may change the order of business, ARTICLE VI I AMENDMENT OF THE BY-LAWS The By-Laws shall be amencieci only with the approval of at least a majority of the members of the Agency at any Agency meeting, but no amendment shall be adopted unless at least seven days written notice of the general nature thereof has been sent pre- viously to all members of the Agency. APPROVED AND ADOPTED THIS 6th day of July I 1976. ATTEST : f)P#cd% hairperson . 6.