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RESOLUTION: LRA 2005-2
SUBJECT: A resolution amending the Bylaws of the Lakewood Reinvestment Authority
RECOMMENDATION: Approval
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Bylaws Lakewood Reinvestment Authority (LRA) of the state that the General Counsel of the Authority must be the City Attorney. LRA requires counsel with specific expertise in urban renewal law that may not be within the scope of expertise offered by the General Council selected by the City for expertise in municipal matters. Therefore, the Bylaws should be amended to give the LRA Director the power to select General Counsel independent of the City's contracted Attorney.
The Bylaws state that the LRA Annual meeting is to be held in the month of January. The LRA Board does not always have substantial need to meet in January. Therefore, the Bylaws should be amended to allow that the first meeting of the LRA within a given Calendar year of the should be considered to be the LRA Annual meeting regardless of the month in which it is held.
The Bylaws state that the Director of the LRA shall at all times be the Director of Community Planning & Development. The Bylaws give the Executive Director supervisory powers over LRA staffing. At this time the Executive Director has designated the Deputy Director of Community Planning & Development as the Director of LRA. Therefore, the Bylaws should be amended to allow the Executive Director to assign the position of Director.
RESOLUTION ADOPTION DATE: February 28, 2005
ORIGINATED BY: Rebecca P. Clark, LRA Director
STAFF PERSON RESPONSIBLE: Rebecca P. Clark, LRA Director, 303-987-7525
DOCUMENTS ATTACHED: Resolution LRA 2005-2
Exhibit 1: Bylaws of the Lakewood Reinvestment Authority
SUBMITTED BY:
Rebecca P. Clark, LRA Director
REVIEWED BY:
Michael J. Rock, Executive Director
LRA 2005-2
A RESOLUTION
AMENDING THE BY-LAWS OF THE LAKEWOOD REINVESTMENT AUTHORITY
WHEREAS, The Lakewood Reinvestment Authority adopted Bylaws on January 12, 1998 and adopted amended Bylaws on June 24, 2002; and
WHEREAS, it is necessary to designate the Authority's General Counsel, to provide flexibility in the scheduling of the annual meeting, and to provide flexibility in the appointment of Director.
NOW THEREFORE, BE IT RESOLVED by the Lakewood Reinvestment Authority of the City of Lakewood, Colorado, that:
SECTION 1: The Board of Commissioners of the Lakewood Reinvestment Authority hereby adopts the Bylaws of the Lakewood Reinvestment Authority as amended, attached hereto as Exhibit 1.
INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the Board of Commissioners of the Lakewood Reinvestment Authority on February 28, 2005, at 9:01 p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Stephen A. Burkholder, Chair
ATTEST:
Michael J. Rock, Executive Director
BYLAWS OF THE LAKEWOOD REINVESTMENT AUTHORITY
ARTICLE I.
Name
Section 1. Name. The urban renewal authority of the City of Lakewood, created pursuant to Colorado Revised Statutes Part 1 of Title 31, Article 25, shall be known as the Lakewood Reinvestment Authority (hereinafter "Authority").
ARTICLE II.
Officers
Section 1. Officers. The officers of the Authority shall be the Chair, the Vice Chair, The Secretary/Executive Director, the Treasurer, and the Director.
Section 2. Chair. The Chair of the Authority shall at all times be the Mayor of the City of Lakewood.
Section 3. Vice Chair. The Vice Chair of the Authority shall at all times be a member of the Lakewood City Council elected by majority vote of the Board of Commissioners of the Authority at the annual meeting or such other regular meeting of the Board of Commissioners.
Section 4. Secretary/Executive Director. The Secretary of the Authority shall at all times serve as the Executive Director of the Authority. The Secretary/Executive Director shall at all times be the City Manager of the City of Lakewood. The Secretary/Executive Director shall:
1. Attest to any resolutions or bylaws adopted by the Authority.
2. Shall execute all deeds, conveyances, deeds of trust, and bonds under seal of the Authority.
3. Shall be the chief executive officer of the Authority and shall exercise supervision over the business of the Authority and of those members of the City Staff as may be assigned to Authority business.
4. Shall perform all duties, which may from time to time be assigned to the Executive Director by the Board of Commissioners of the Authority.
Section 5. Clerk. The Clerk of the Authority shall at all times be the City Clerk of the City of Lakewood. The Clerk shall:
1. Keep correct and complete minutes of the proceedings of the Board of Commissioners and any committees of the Authority.
2. Give all notices required by law.
3. Attest to all contracts, deeds, and other documents of the Authority.
4. Perform such other duties as directed by the Executive Director.
Section 6. Treasurer. The Treasurer of the Authority shall at all times be the Director of Finance of the City of Lakewood. The Treasurer shall:
1. Have charge and custody of, and be responsible for, all funds and securities of the Authority.
2. Keep or cause to be kept correct and complete books and records of account.
3. Receive and give receipts for moneys due and payable to the Authority from any source whatsoever.
4. Render financial statements upon request of the Board of Directors of the Authority.
5. Sign all contracts of the Authority.
6. Perform all duties incident to the Office of Treasurer and perform such other duties as may be assigned by the Executive Director.
Section 7. Director. The Director shall be an employee of the Department of Community Planning and Development of the City of Lakewood designated by the Executive Director. The Director shall:
1. Supervise City Staff as may be assigned to Authority business.
2. Perform such other duties as directed by the Executive Director.
3. Shall sign all contracts and other documents of the Authority.
Section 8. General Counsel. The General Counsel of the Authority shall be a reputable firm with experience in the field of urban renewal and land use law to be selected by the Board of Commissioners. The General Counsel shall provide legal advice to the Board of Commissioners of the Authority and shall provide such other legal representation as directed by the Board of Commissioners of the Authority.
ARTICLE III
Meetings
Section 1. Annual and Regular Meetings. The Annual Meeting of the Board of Commissioners of the Authority shall be held in the month of January or at some other time as determined by the Board of Commissioners. The Board of Commissioners shall hold such other regular meetings at such time or times, as the Chair may determine.
Section 2. Place of Meetings. The meetings of the Board of Commissioners and any committee of the Board of Commissioners shall be held at the Lakewood Municipal Center or such other place, as the Board of Commissioners shall determine.
Section 3. Notice of Meetings. Notice of meetings shall be given as required in Colorado Open Meetings Law, Revised Statutes SS24-6-401 and 402, which requires posting of the notice of the time and place of the meeting and posting of an agenda for the meeting at least twenty-four (24) hours prior to the holding of the meeting in the Lakewood Municipal Center.
Section 4. Quorum and Manner of Acting. A majority of the Board of Commissioners shall constitute a quorum for the transaction of business at the annual or other regular meeting of the Board of Commissioners. The act of a majority of those Commissioners present at the meeting shall be the act of the Board of Commissioners on all matters.
Section 5. Robert's Rules of Order. Meetings of the Board of Commissioners shall be conducted in conformity with Robert's Rules of Order, as revised from time to time.
Adopted this ____ day of February, 2004.
Stephen A. Burkholder, Chair
ATTEST:
Michael J. Rock, Secretary/Executive Director
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