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HomeMy WebLinkAbout780313.tiff RESOLUTION NO. 2 RESOLUTION ADOPTING BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO: The the following By-Laws shall be and they are hereby approved and adopted as and for the By-Laws of the Housing Authority of the County of Weld, Colorado: (See attached By-Laws) After discussion of the resolution, Commissioner 0E- i moved that said resolution be finally adopted as introduced and read. The motion was seconded by Commissioner T Ae/nr�.Sc:,/t..' The question being put upon the final adoption of said resolution, the roll was called with the following results : Ayes: O L a 7- i is /24" 1ti 1c'G/t, / t ir1/21.5 /L' Nays: The Chairman declared the motion carried and said resolution finally adopted. •-�"• _ :"�-- ;", fit. /John Dent Ed Dunbar 1. 11 aid Kron IVVV 1 in Thom Alan Wilsono 780313 L f 4 m An.:16 . O =j 5O c) BY—LAWS OF THE HOUSING AUTHORITY OF THE °COUNTY OF WELD, COLORADO T- v n CD a : o ARTICLE I - THE AUTHORITY m C N A 9 N I Section 1 . Name of Authority. The name of the Authori sha�T —'�— be "Housing Authority of the County of Weld, Colorado. " Section 2. Seal of Authority . 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 Authority. The Office of the Authority shall be at such place in the County of Weld, State of Colorado , as the Authority may from time to time designate by resolution. ARTICLE II - OFFICERS 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 meet- ings and public hearings of the Authority, and shall decide all points of order of procedure according to the latest edition of Roberts Rules of Order. Except as otherwise authorized by resolu- tion of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. Section 3. Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death 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. -1- BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -2- Section 4 . Secretary. The Secretary shall be the Executive Director of the Authority and, as such, shall have general supervi- sion over the administration of its business and affairs, subject to the direction of the Authority. At each meeting he shall submit such recommendations and information as he may consider proper con- cerning the business , affairs and policies of the Authority. He shall be appointed by the Board of the Housing Authority. He shall be charged with the management of the housing projects of the Autho- rity. The Secretary shall keep the records of the Authority, shall act as secretary of 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 purpose. .. He 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 shall have the care and custody of all funds of the Autho- rity and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select . The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall be countersigned by the Chairman. He shall keep regular books of accounts showing receipts and expenditures BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -3- and shall render to the Authority, at each regular meeting (or more often when requested) , an account of his transactions and also of the financial condition of the Authority. He shall give such bond for the faithful performance of his duties as the Authority may designate. The compensation of the Secretary shall be determined by the Authority. A member of the Board may be selected to act as tempo- rary Secretary. Said Board Member shall serve without compensation except for the payment of necessary expenses incurred during the performance of his duties as temporary Secretary Section 5. 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 the by-laws or rules and regulations of the Authority. Section 6. Election or Appointment . The Chairman and Vice- Chairman shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Secretary shall be appointed by the Authority. Any person appointed to fill the office of Secretary or any vacancy therein, shall have such term as the Authority fixes , but no Commissioner of the Authority shall be eligible to this office except as a tempo- rary appointee. BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -4- Section 7. Vacancies. Should the office of Chairman or Vice- Chairman become vacant , the Authority shall elect a successor from its membership at the next regular meeting , and such election shall be for the unexpired term of said office. When the office of Secre- tary becomes vacant , the Authority shall appoint a successor , as aforesaid. Section 8. Additional 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 County Housing Authority Law" of Colorado and all other laws of the State of Colorado applicable thereto. The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the laws of the State of Colorado. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first Wednesday of January at 7: 30 o' clock p.m. , at the regular meeting place of the Authority. In the event such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding secular day. Section 2. Regular Meeting. Regular meetings may be held without notice at such times and places as may from time to time be determined by resolution of the Authority. Section 3. Special Meetings. The Chairman of the Authority may, when he deems it expedient , and shall , upon the written request BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -5- of two members of the Authority, call a special meeting of the Authority for the purpose of transacting any business designated in the call . The Chairman may call a special meeting provided that at least twenty-four (24) hours written or telephone notice is given each member. At such special meeting, no business shall be con- sidered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting . Section 4 . Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conduct- ing 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 a vote of a majority of the Commissioners present . Section 5. Order of Business. At the regular meetings of the Authority , the following may be the order of business : 1 . Call to Order 2. Roll Call 3. Reading and approval of the minutes of the previous meeting 4. Bills and communications 5. Report of the Secretary 6. Reports of Committees 7. Unfinished business 8. New business 9. Adjournment All resolutions shall be in writing and shall be copied in the official minute book of journal of the proceedings of the Authority. BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -6- Section 6. Manner of Voting. The voting on all questions coming before the Authority may be by roll call and shall be by roll call vote if any one member of the Board requests that the vote be taken by roll call. The ayes and nays shall be entered upon the minutes of such meeting by names, except on the election of officers which may be by ballot . ARTICLE IV - COMMITTEES The Housing Authority may establish such committees as it deems advisable and assign each committee and member(s) specific duties or functions. The Chairman shall designate the members of each committee and shall name the Chairman of each committee. The Chairman of the Authority shall fill vacancies on committees as they are created. No member of the Authority shall be required to serve on more than two committees. ARTICLE V - HOUSING PROJECTS-PLANNING CRITERIA The Housing Authority should, when planning housing projects, consider the goals and objectives described in the Comprehensive Land Use Plans of Weld County and the incorporated cities and towns of Weld County. The property on which any Housing Authority housing project is to be located must be within the corporate boundaries of Weld County BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -7- and such property must have affixed thereto a zoning district classi- fication of the County or of an incorporated City or Town which permits the proposed project use. The plans for any proposed housing project shall be in compli- ance with appropriate zoning and subdivision regulations of Weld County and of any incorporated City or Town, if such project will be located within the corporate limits of such City or Town. The proposed project plans shall be reviewed and analyzed by the Housing Authority to determine necessary off-site capital im- provements including, but not limited to, streets, curbs, gutters, sidewalks, utility easements , water and sewer lines and traffic control devices. Such review shall include analysis and comments offered by any incorporated City, Town, and School District which may be affected by the project . Such analysis is for the purpose of determining the impact of the housing development upon other municipal services and facilities. The determination of which parties shall bear the cost of any required off-site improvements shall be set forth in an agreement between all parties in interest prior to the beginning of construction of said housing projects. ARTICLE VI - INDEMNIFICATION OF BOARD MEMBERS The Housing Authority Board Members shall be liable for their actions and the actions of their agents only to such an extent and subject to such conditions as are provided in the Colorado Revised Statutes 1973 , as amended, 24-10-101 et seq. In case of a lawsuit BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO -8- against any one Board member, Board members , or employees, the Housing Authority shall execute a contract with the member , members, or employees listed as defendants in the lawsuit . Said contract shall stipulate that the Housing Authority shall pay the costs for legal defense of the members of the Board or its employees and the Housing Authority shall pay for any judgement against said indivi- duals as long as the Board members and employees named in the law- suit had acted within the scope of their authority. ARTICLE VII - AMENDMENTS Amendments to By-Laws. The by-laws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or a special meeting , but no such amend- ment shall be adopted unless at least seven days written notice thereof has been previously given to all of the members of the Authority. Hello