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HomeMy WebLinkAboutContract 1826 AMENDED AND RESTATED BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA JANUAaY, 200S Section 1. Section 2. Section 3. Section 4. Section 1. Section 2. ARTICLE I THE AUTHORITY Name of Authority. The name of the Authority shall be the "Housing and Redevelopment Authority of Columbia Heights, Minnesota." Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Office of the Authority; Place of Meeting. The office of the Authority shall be at such place in the City of Columbia Heights, Minnesota as the Authority may from time to time determine by resolution. Regular and special meetings of the Board of Commissioners shall be open to the public and shall be held at such place in the City as the Authority may from time to time determine by resolution. Powers of the Authori _ty. The Authority, by and in its corporate name, shall have and exercise all powers, fimctions rights and privileges pursuant to City Ordinance No. 1442 (Allocation Ordinance), and such portion of the powers described in Minnesota Statutes 469.001 to 469.047 as are allocated to the Authority under the Allocation Ordinance. ARTICLE II COMMISSIONERS Authority. The business and affairs of the Authority shall be managed by or under the authority of the Board of Commissioners, except as otherwise permitted by statute. Number, Qualification and Term of Office. There shall be six Commissioners appointed by the Mayor of Columbia Heights and approved by the City Council. All Commissioners must be at least 18 years of age and must reside in the City of Columbia Heights. At least one Commissioner shall be a member of the Columbia Heights City Council. In accordance with Minnesota Statutes, Section 469.003, subdivision 5, at least one Commissioner shall be a "resident board member" as defined in Code of Federal Regulations, title 24, part 974 (HUD Regulations). Any Commissioner who is a City Council member shall serve a term equal to the Commissioner's City Council term. All other Commissioners shall serve a term of five years. SJB-208489v 1 CL162-22 Section 3. Section 4. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Vacancies. Vacancies on the Board of Commissioners occurring by reason of death, resignation, removal or disqualification shall be filled for the unexpired term by the Mayor in accordance with the procedures and criteria set forth in Article II, Section 2. Removal. For inefficiency or neglect of duty, or misconduct in office, a Commissioner may be removed fi.om office by the City Council in accordance with Minnesota Statutes, Section 469.010. ARTICLE III OFFICERS Officers. The officers of the Authority shall be elected fi.om among the Commissioners and shall consist of a Chair, Vice-Chair, and a Secretary-Treasurer. A Commissioner shall not hold more than one of the above named offices at the same time. Chair. The Chair shall preside at all meetings of the Board of. Commissioners if present. Except as other~vise authorized by resolution of the Board of Commissioners, the Chair shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the Chair shall submit such recommendations and information as considered proper concerning the business, affairs and policies of the Authority. Vice Chair. The Vice-Chair shall perf,orm the duties of the Chair in the absence or incapacity of'the Chair; and in case of resignation or death of the Chair, the Vice-Chair shall perform such duties as are imposed on the Chair until such t/me as the Board of Commissioners shall select a new Chair. Secretary-Treasurer. The Secretary-Treasurer shall perform the duties of the office of Secretary-Treasurer and shall preside at all meetings of the Board of Commissioners in the absence of the Chair and Vice-Chair. The Secretary-Treasurer may delegate the responsibility for recording the Minutes of the Board of Commissioner meetings to the Executive Director or to the Authority Office Secretary as is determined appropriate by the Secretary-Treasurer. Execution of Instruments. All deeds, contracts, Promissory notes, bonds and instruments of every kind, authorized by the Board of Commissioners shall be signed by the Chair on behalf, of the Authority as well as the Executive Director, and shall be executed in the name of the Authority. 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. Election or Appointment. The Chair, Vice-Chair, Secretary-Treasurer shall be elected annually fi.om among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. SJB-208489vl CL162-22 Section 8. Vacancies. Should the office of Chair, Vice-Chair, or Secretary-Treasurer become vacant, the Board of Commissioners shall elect a successor from its members at the next regular meeting, and such election shall be for the unexpired term of said office. ARTICLE IV EXECUTIVE DIRECTOR The Columbia Heights City Manager is the Executive Director of the Authority. The Executive Director shall have general supervision over the administration of the Authority's business and affairs, subject to the direction of the Board of Commissioners. As assistant to the Secretary, the Executive Director shall insure that proper records of the Authority are maintained. The Executive Director (or his designee) shall act as Secretary of the meeting of the Board of Commissioners and shall keep a record of the proceedings in a journal of proceedings to be kept for such purposes (the Minutes of the proceedings are to be signed by the recorder plus the Authority Commissioner acting as Chair at the meeting). The Executive Director shall perform all duties incident to the Executive Director position as may be assigned by the position description as approved by the Board of Commissioners. ARTICLE V ADDITIONAL PERSONNEL Section 1. Deputy Executive Director. The Columbia Heights Community Development Director is the Deputy Executive Director and performs such duties and services as specified by the Executive Director, subject to direction of the Authority. In the absence or incapacity of the Executive Director, the Deputy Executive Director may sign contracts, deeds and other instruments made by the Authority. Section 2. Other Personnel. The Board of Commissioners may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Allocation Ordinance and the relevant portions of Minnesota Statutes, Sections 469.001 to 469.047. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Board of Commissioners subject to the laws of the State of Minnesota. The Board of Commissioners may also use the services of staff provided by the City as agreed to between the Authority and the City from time to time. ARTICLE VI MEETINGS Section 1. Regular Meetings. Meetings shall be held on a quarterly basis without notice at the regular meeting place (Park-view Villa) on the Fourth, Tuesday in the months of January, April, July and October at 7:00 P.M., unless the same is a legal Holiday, in which event said meeting shall be held on the next succeeding secular day. In the event the date/time/meeting place of a particular meeting must be changed, the Executive Director may make such change deemed necessary by notifying all Commissioners of the revised meeting time and date in accordance with the procedures for a special meeting. SJB-208489vl CL162-22 Section 2. Special Meetings. Special meetings of the Board of Commissioners may be called by the Chair, two members of the Board of Commissioners, or the Executive Director for the purpose of transacting any business designated in the call. The call (including location of meeting) for a special meeting must be delivered to Commissioners at least two days before the meeting, and notice of the meeting must be posted in flue Authority's offices at least three days before the meeting. At a special meeting no business may be considered other than as designated in the call, except that if all the members of the Authority are present at a special meeting, any business may be transacted at such special meeting by unanimous vote. ARTICLE VII QUORUM Four Commissioners 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 fi:om time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board of Commissioners upon a vote of a majority of the Commissioners present. ARTICLE VIII ORDER OF BUSINESS Section 1. Order of Business. At the regular meetings of the Board of Commissions the following shall be the Order of Business: 1. Roll Call 2. Approval of Minutes of the previous meeting. 3. Management Report. 4. Consent 5. All other items. 6. Adjournment Upon direction of the Chair, or the motion by two members of the Board of Commissioners, any resolution shall be in writing and shall be copied in the journal of the proceedings of the Board of Commissioners. ARTICLE IX MANNER OF VOTING The voting on all questions coming before the Board of Commissioners shall be by the Chair calling for yeas and nays on the questions and shall be entered upon the Minutes of each meeting. The Chair and all members of the Board of Commissioners at every meeting of said Board of Commissioners shall be entitled to a vote. In the event that any Commissioners shall have a personal interest of any kind in a matter then before the Board of Commissioners, the Commissioners shall disclose his/her interest and be disqualified fi:om voting upon the matter, and the Secretary shall so record in the Minutes that no vote was cast by said Commissioner. SJB-208489vl CL162-22 ARTICLE X AMENDMENTS The By-Laws of the Board of Commissioners shall be amended by Resolution only with the approval of at least a majority of the Commissioners in office at any time. These B/v-Laws were amended as the By-Laws of the Authority by the Board of Commissioners on ~c-~,'~ day of/~? ,~,~,,,~wj~ ., ,2005. Cheryl Bakken,'"Community Development Secretary SJB-208489vl CL162-22