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HomeMy WebLinkAbout1980-02-05; Housing & Redevelopment Commission; Resolution 11. ’ e 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 28 RESOLUTION NO. 1 A RESOLUTION OF THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING BY-LAWS. WHEREAS, the City of Carlsbad has established the C Housing and Redevelopment Commission, pursuant to the pr of the California Health and Safety Code; and WHEREAS, the City Council has declareditself to be 1 Carlsbad Housing and Redevelopment Commission, in accord; with the provisions of such Code; and WHEREAS, the Commission desires to establish By-Law! order to carry into effect the powers, purposes and fund: the Commission; NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Hous: Redevelopment Commission, as follows : 1. That the above recitations are true and correci 2. That the Carlsbad Housing and Redevelopment Cor does hereby approve and adopt the By-Laws of the Carlsbac Housing and Redevelopment Comission, attached hereto as “A”, and incorporated by reference. PASSED, APPROVED AND ADOPTED by the Carlsbad Housinj Redevelopment Commission at a Regular Meeting thereof, hc the 5thday of February, 1980, by the following vote, to AYES: Commissioners Packard, Skotnicki 9 Anear, Lew NOES: None ABSENT: None ./ J”3 <>x#-&.’ &&/& , ~ /’ i J” ATTEST : HAIRPERSON (seal) .-, $ e a EXHIBIT A TO RESOLUTION NO. 1 CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION BY -LAWS Adopted February 5 I 1980 FC3SOLUTION NO. 1 .\ f e TABLE OF CONTENTS ARTICLE I THE COMMISSION Section 101 Name of the commission Section 102 Commission Members Section 103 Commission Seal Section 104 Business Offices of the Commission ARTICLE I1 OFFICERS OF THE COMMISSION Section 201 Designation of Officers Section 202 Terms of Officers Section 203 Duties of Officers Section 204 Compensation of Officers ARTICLE I11 EMPLOYEES, AGENTS, AND CONSULTANTS Section 301 Appointment of Employees, Agents, and Consul Section 302 Compensation of Employees, Agents, and Consultants ARTICLE IV GENERAL Section 401 Authority to Bind Commission Section 402 Contracts, Deeds and Other Documents Section 403 Payment of Money, Notes or Other Indebtednes ., _. 3 e e ARTICLE V, MEETINGS Section 501 Section 502 Section 503 Section 504 Section 505 Section 506 Section 507 Section 508 Regular Meetings Special Meetings Executive Sessions Public Hearings Adjourning Meetings and Continuing Meetings Hearings to Other Times and Places Meetings to be Open and Public Quorum Order of Business ARTICLE VI. AMENDMENT OF THE BY-LAWS -1 s W m CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION CARLSBAD, CALIFORNIA BY-LAWS ARTICLE I. THE COMMISSION Section 101: Name of the Commission. The name of the commi shall be the "Carlsbad Housing and Redevelopment Commission, Carlsbad, California." Section 102: Members. The City Council of the City of Carl has by Ordinance No. 1223 declared there is a need for the Commission and by Ordinance No. 1223 declared itself to be t commission. The members of the commission shall be the memb of the City Council as that body is constituted and shall re commission members only so long as said members remain on th Council. New members of the City Council shall automaticall become members of the commission. Section 103: Seal. The seal of the commission shall be in form of a circle and shall bear the name of the commission a the year of its organization. Section 104: Business Offices. The business office of the commission shall be in such locations in the City of Carlsba State of California, as may be selected from time-to-time by resolution or motion of the commission members. The princip business office of the commission shall be in the City Hall, Elm Avenue, Carlsbad, California, unless and until changed b resolution or motion of the commission members. - ART1 CLE I I OFFICERS Section 201: Designation of Officers. The officers of the commission shall be the Chairperson, the Vice-Chairperson, t Secretary, the Treasurer and the Attorney. The Mayor and Vice-Mayor shall be the Chairperson and Vice-C person of the commission. The Executive Director of the cor shall be the Secretary of the commission. The City Finance Director shall be the Treasurer of the commission, The City Attorney shall be the Attorney of the Commission. I. % a a The commission members may appoint such other officers (permane acting, or temporary) as may be appropriate. The commission members may fix and determine the qualifications, duties and compensations of commission officers. Section 202: Terms of Officers. The commission officers shall hold such offices only as long as they hold the appropri- ate city office. Section 203: Duties of Officers. The Chairperson shall presic at the commission meetings and perform such other duties as are appropriate. The Vice Chairperson, in the absence or incapacity of the Chairperson, shall perform the duties of the Chairperson. Should the office of the Chairperson become vacant, the Vice Chairperson shall perform the dutires of the Chairperson until the members elect a new chairperson. The Secretary shall keep and maintain records of the minutes of the commission meetings. The Secretary shall also keep in safe custody the seal of the commission, The Secretary shall be authorized to affix the seal to all documents and instrumen: to be executed for the commission 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 commis. sion and shall also supervise the care and custody of all monil of the commission. The treasurer shall cause adequate, correc. and regular accounts of the properties, monies and transaction; of the commission to be kept and maintained. The Treasurer shall render to the Members of the commission whenever requestc a Treasurer's report of the commission's transactions and financial condition. The Treasurer shall submit to the member; of the commission significant information and recommendations concerning the fiscal affairs of the commission. The Treasure shall also perform all other duties incidental to the office of Treasurer. The Attorney shall provide legal advice and services to the commission and'to the Executive Director. Section 204: Compensation of Officers. Members may receive tl actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Members of the commission may receive such additional compensation as approve! by the Council and Commission. Other commission officers shal receive no compensation as officers other than compensation received for their City employment unless expressly authorized by the City Council. .- -. L e e ARTICLE I11 EMPLOYEES, AGENTS, AND CONSULTANTS Section 301: Appointment of Employees, Agents, and Consultant5 The City Manager shall be the Executive Director of the Commis! pursuant to a contract between the Commission and the City. TE Executive Director is charged with the administration, managemc and general supervision of the business and affairs of the comission. Services to be rendered to the commission are to commission and the City. The members of the commission may from time-to-time establish such positions and select and appoint such agents and consulta~ permanent and temporary, as it may require and determine their qualifications, duties and compensation. The Executive Direct( is authorized to appoint employees in positions established by the commission. Section 302: Compensation of Employees, Agents, and Consultani The commission members may fix and determine the compensation ( all commission employees, agents, and consultants. City emplo! who perform services for the commission shall receive no compel sation for commission services, other than compensation receivt for their City employment unless expressly authorized by the City Council. be supplied by City employees pursuant to contract between the ARTICLE IV GENERAL Section 401: Authority to Bind. No member, officer, agent or employee of the commission, without prior authority by a vote of the commission members, shall have any power or authority to bind the commission in any manner, to pledge its credits, 0: to render it liable for any purpose in any amount. Section 402: Contracts, Deeds and Other Documents. The membe: shall designate the person or persons to execute on behalf of . commission all contracts, deeds and other documents and instru. ments as authorized by the commission members. Section 403: Payment of Money, Notes or Other Indebtedness. A checks, drafts, or other orders for the payment of money, note; payable to the commission shall be signed or endorsed by such person or persons and in such a manner as from time-to-time sh, be determined by the members of the commission. or other evidence of indebtedness issued in the name of or ., -5 7 e' e ARTICLE V MEETINGS Section 501: Regular Meetings. Regular meetings shall be in another place established by members of the commission by amendment of these By-Laws) on the third Tuesday of each month at 6:OO P.M. unless the same shall ne a legal holiday, in whici event such regular meeting shall be held on the next succeedinc business day at the same hour and location. 1 held without notice in the Council Chambers of the City (or Section 502: Special Feetings. A special meeting may be callec at any time upon the request of the Chairperson or upon the written request of two of the members of the commission by 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 of such meeting as specified in the notice, 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 COmmission manbers. 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 commission 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 a.ctually present at the time it convenes. Section 503: Executive Sessions. Nothing contained in these 1 Laws shall be construed to prevent the commission members from holding executive sessions during a regular or special meeting concerning any matter permitted by law to be considered in an executive session. Section 504: Public Hearings. All public hearings held by the Commission members shall be held during regular or special meetins of the commission members. Section 505: Adjourning and Continuing Meetings and Public Hearings to Other Times and Places. The commission members may continue or adjourn any meeting to a time and place specif in the order of adjournment. Less than a quorum may so contin or adjourn from time-to-time. If all members are absent from any regular meeting or adjourned regualr meeting the Secretary or Acting Secretary of the commission may declare the meeting 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 t continuance or adjournment. When a regular, continued, or adjourned regular meeting is continued or adjourned as provide in this section, the resulting continued or adjourned regular delivering, personally or by mail, written notice to each membc ., rv ' e meeting for all purposes. When an order of continuance or adjournment of any meeting fails to state the hour at which tht continued or adjourned meeting is to be held, it shall be at the hour specified for regular meetings, Any heariny being held, 93: any hearing noticed or ordered to br to any subsquent meeting in the same manner and to the same held at any meeting may by order or notice of continuance or adjournment be continued, recontinued, adjourned, or readjournt ' extent set forth for the continuance or adjournment of meeting; If the 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 tion of continuance or adjournment was adopted or made, immediately following.the meeting at which the order or declari Section 506: Meetings to be Open and Public. All meetings of a maioritv or more commission members to take action or to deligerate concerning commission business and its conduct shal. be open and public to the extent require- by law. All persons shall be permitted to attend any such meetings except as other, wise permitted by law. Section 507: Quorum. A majority of the members of the commiss shall constitute a quorum for the purpose of conducting its business, exercising its powers, and for all other purposes. A smaller number of commission members may adjourn a meeting f time-to-time until a quorum is present. If a quorum is present action may be taken by the commission of commission members. only upon a favorable vote of the majority of the total number Section 508: Order of Business. The following shall be the general order of business at commission meetings: (1) Roll Call. (2) Approval of Minutes. (3) Payment of Bills, (4) Unfinished Business. (5) New Business. (6) Executive Director's Report e (7) Adjournment , At any meeting, the commission members, by a vote of a majorit of the members, may change the order of business, " 'I y: 0 w ARTICLE IV AMENDMENT OF THE BY-LAWS The By-Laws shall be amended only with the approval of at least a majority of the members of the commission at any commission days written notice of the general nature therof has been sent previously to all members of the commission. APPROVED AND ADOPTED THIS 5th day of February r 1980. meeting, but no amendment shall be adopted unless at least sew ATTEST : I 7 I II . I k @ , / /- I I -1 BU&U@ @ff canbfftDrmia OFFICE OF THE SECRETARY OF STATE n- I, MARCH FONG EU, Secretary of State of the State of California, hereby certify! That on the 16th day of November, 1979, pursuant to tl provisions of Section 34116 of the Health and Safety Code of the State of California, relating to Community Develop- ment Commission, there was filed in this office: A certified copy of Ordinance No. 1223, passed and adopted by the City Council of the CITY OF CARLSBAD on November 6, 1979, declaring a need for a Community Development Commission to function in the City of Carlsbad and declaring the City Council to be the Commission.