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HomeMy WebLinkAbout20220246.tiffRESOLUTION RE: APPROVE REVISIONS TO BYLAWS OF THE WELD COUNTY FEDERAL MINERAL LEASE BOARD OF DIRECTORS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with revised bylaws which were adopted by the Weld County Federal Mineral Lease Board of Directors at its meeting on January 10, 2022, and WHEREAS, after review, the Board deems it advisable to approve said revised bylaws, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the attached Revised Bylaws for the Weld County Federal Mineral Lease Board of Directors be, and hereby are, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2022. ATTEST: Weld County Clerk to the Board I uty Clerk to the Board Attorney Date of signature: oif. S/22. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Sc t K. James, Chair EXCUSED Mi reem n, Pro-Tem erry L. Bu EXCUSED teve Moreno Lori Sai Cc: 8occ(KP), CA(B), FL(/o\ 2022-0246 I GT(cPkD) SD0136 '/7122 BYLAWS OF THE WELD COUNTY FEDERAL MINERAL LEASE BOARD OF DIRECTORS I. Organization of Weld County Federal Mineral Lease Board of Directors. A. Membership and Terms. The Weld County Federal Mineral Lease Board of Directors ("District Board") shall consist of three (3) members appointed by a vote of the majority of the Board of County Commissioners of Weld County. Seat One (1) shall be occupied by a Weld County Commissioner, whose initial term expires on January 15, 2013. Seat Two (2) shall be occupied by a member and resident of the Weld County community, whose initial term shall expire on January 15, 2014. Seat Three (3) shall be occupied by a representative of an industry involved in the development, processing, or energy conversion of fuels and minerals, whose initial term shall expire January 15, 2015. The members shall thereafter serve staggered terms three (3) years in length, with each term beginning on January 15. Members may be removed by a vote of the majority of the Board of County Commissioners for official misconduct, incompetence, neglect of duty, or other good cause, after notice and an opportunity to be heard at a public hearing. Vacancies occurring prior to the expiration of a member's term shall be filled by a vote of the majority of the Board of County Commissioners. B. Meetings. The District Board shall meet quarterly at the Southwest Weld County Administration Building, 4209 WCR 24.5, Longmont, Colorado. At its first meeting of the year, the District Board shall adopt a schedule of meetings for that year, and determine if it desires to meet outside of the District at the Weld County Administration Building 1150 O Street, Greeley, Colorado. Notices of each District Board meeting, including the date, time and place, shall be posted at least 24 hours in advance of any such meeting at the District's Official Place of Postings. The President of the District Board may call special meetings of the District Board whenever Board action is necessary before a regularly scheduled meeting may be held. A record shall be kept of all District Board meetings. Such records shall consist of minutes of all District Board deliberations and decisions. A quorum shall consist of three (3) members of the District Board. An affirmative vote of two (2) members shall be necessary to pass any motion. C. Selection of Officers. The District Board shall, at its first meeting of the year, elect from among its members a President and a Secretary. D. Robert's Rules of Order. All matters not governed by these Bylaws shall be governed by the current edition of Robert's Rules of Order Newly Revised. E. Amendment of Bylaws. A recommendation for amendment to these Bylaws may occur at any meeting of the District Board by affirmative majority vote of the District Board. All amendments to these Bylaws must be approved by the Board of County Commissioner in order to be effective. 2022-0246 II. Purpose and Duties of the District Board. A. The District Board shall distribute all of the funding the District receives from the Colorado Department of Local Affairs to areas within the District that are socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under the Federal "Mineral Lands Leasing Act" of February 25, 1920, as amended; however, the District Board may use up to ten percent of the annual funding for any administrative costs of the District; the District Board may reserve all or a portion of the funding for use in subsequent years. B. The District Board may: 1. Enter into contracts and agreements. 2. Acquire real or personal property or an interest in real or personal property. 3. Sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the District's property or assets. 4. Enter into grant or loan agreements. Borrow money as evidenced by revenue bonds, certificates, warrants, notes, and debentures in accordance with the provisions of Part 13 of Section 20 of Title 13, C.R.S., in order to carry out the purposes of the District Board. 6. Adopt an official seal. 7. Distribute funding to an area outside the District boundaries, for purposes consistent with Part 13 of Section 20 of Title 13, C.R.S. 8. Review any reports or studies made and may seek any additional reports or studies it deems necessary regarding the distribution of funding in the District. 9. Cooperate or contract with any other district to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the District and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control. C. The District Board may not: 1. Levy or collect taxes. 2. Use the power of eminent domain. Approved January 10, 2022, by the District Board. Approved January 17, 2022, by the Board of County Commissioners of Weld County. BYLAWS OF THE WELD COUNTY FEDERAL MINERAL LEASE BOARD OF DIRECTORS I. Organization of Weld County Federal Mineral Lease Board of Directors. A. Membership and Terms. The Weld County Federal Mineral Lease Board of Directors ("Bourd of DirectorsDistrict Board") shall consist of three (3) fega aryotifig members and ene (1 t tall -to -be -appointed by a vote of the majority of the Board of County Commissioners of Weld County. The alternate tem to shall attend all meetings and n participate as iv, • otiv.g �s l r v� member is unable to attend. of -the -three �a�e�-a�eg��Qtrr�g��roe�en . Seat One (1) (3) regular voting members shall be occupied by a Weld County Commissioner, whose initial term expires on January 15, 2013. Seat Two (2) shall be occupied by a member and resident of the Weld County community, whose initial term shall expire on January 15, 2014. Seat Three (3) shall be occupied by a representative of an industry involved in the development, processing, or energy conversion of fuels and minerals, whose initial term shall expire January 15, 2015. All terms of the regular voting The members ache alternate —shall thereafter serve staggered terms be et by the Board of County Commissioners with no term being more than two (2) three 3 years in length, with each term berg on January 15. Members may be removed by a vote of the majority of the Board of County Commissioners for official misconduct, incompetence, neglect of duty, or other good cause, after notice and an opportunity to be heard at a public hearing_ All regular voting members and the alternate shall serve during their appointed terms at the pleasure of the Board of County and may be removed at any me by a r:rote of the Commissioners. ' • eity majorityVacancies occurring prior to the expiration of a member's term shall be filled by a vote of the majority of the Board of County Commissioners. B. Meetings. The District Board shall meet quarterly at the Southwest Weld County Administration Building, 4209 WCR 24.5, Longmont, Colorado. At its first meeting of the year, the District Board shall adopt a schedule of meetings for that year, and determine if it desires to meet outside of the District at the Weld County Administration Building 1150 O Street, Greeley, Colorado. Notices of each District Board meeting, including the date, time and place, shall be posted at least 24 hours in advance of any such meeting at the District's Official Place of Postings. The President of the District Board may call special meetings of the District Board whenever Board action is necessary before a regularly scheduled meeting may be held. A record shall be kept of all District Board of Pu' -Heealth--meetings. Such records shall consist of minutes of all District Board deliberations and decisions. A quorum shall consist of three (3) members of the District Board. An affirmative vote of two (2) members shall be necessary to pass any motion. C. Selection of Officers. The District Board shall, at its first meeting of the year, elect from among its members a President and a Secretary. D. Robert's Rules of Order. All matters not governed by these Bylaws shall be governed by the current edition of Robert's Rules of Order Newly Revised. E. Amendment of Bylaws. A recommendation for amendment to these Bylaws may occur 1 at any meeting of the District Board by r of rmati*eaffirmative majority vote ft,�r�ee (3) regular voting member the District Board. All amendments to these Bylaws must be approved by the Board of County Commissioner in order to be effective. II. Purpose and Duties of the District Board. A. The District Board shall, on an annual basis, distribute all of the funding the District receives from the Colorado Department of Local Affairs to areas within the District that are socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under the Federal "Mineral Lands Leasing Act" of February 25, 1920, as amended; however, the District Board of Do i smay use up to ten percent of the annual funding for any administrative costs of the District.-; the District Board may reserve all or a portion of the funding for use in subsequent years. B. The District Board may: 1. Enter into contracts and agreements. 2. Acquire real or personal property or an interest in real or personal property. 3. Sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the District's property or assets. 4. Enter into grant or loan agreements. 5. Borrow money as evidencd by revenue bonds, certificates, warrants, notes, and debentures in accordance with the provisions of Part 13 of Section 20 of Title 13, C.R.S., in order to carry out the purposes of the District Board. 6. Adopt an official seal. 7. Distribute funding to an area outside the District boundaries, for purposes consistent with Part 13 of Section 20 of Title 13, C.R.S. -L8.Review any reports or studies made and may seek any additional reports or studies it deems necessary regarding the distribution of funding in the District. 2.9.Cooperate or contract with any other district to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the District and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special N provisions shall control. C. The District Board may not: 1. Levy or collect taxes. 2. Use the power of eminent domain. Approved Approved County. 3 by the District Board. by the Board of County Commissioners of Weld Hello