HomeMy WebLinkAbout1981-127-09/01/1981-APPROVING THE BYLAWS OF THE DOWNTOWN DEVELOPMENT AUTHORITY RESOLUTION 81-127
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE BYLAWS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY
WHEREAS, on April 21, 1981, the Council of the City of Fort Collins
passed on second reading Ordinance No 46, 1981, establishing the Downtown
Development Authority, and
WHEREAS, on August 24, 1981, the Fort Collins Downtown Development
Authority considered and approved proposed Bylaws for the Downtown De-
velopment Authority, and
WHEREAS, the Downtown Development Authority has recommended that City
Council adopt and approve said Bylaws, and
WHEREAS, the Council of the City of Fort Collins has reviewed and
desires to approve the proposed Bylaws of the Downtown Development Au-
thority
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the Bylaws of the Downtown Development Authority be and they
hereby are adopted and approved
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins this 1st day of September, 1981
— i,lt�la
Mayor
ATTEST
City Clerk
BYLAWS OF DOWNTOWN DEVELOPMENT AUTHORITY
OF FORT COLLINS, COLORADO
ARTICLE 1 000
GENERAL
Section 1 000 Establishment On April 21, 1981, the Council of the City
of Fort Collins passed on second reading Ordinance No 46, 1981 , of
the City of Fort Collins, establishing a Downtown Development Authority
known as the "Fort Collins, Colorado, Downtown Development Authority"
Section 1 200 Purpose The purpose of the Authority is to aid in the
development and remove pment of property within the district and the City
to the extent permitted by law
Section 1 300 Powers The Authority shall have all powers of Part 8 of
Article 25 of TitTe-73l, Colorado Revised Statutes, 1973, and all addi-
tional and supplemental powers necessary or convenient to carry out and
effectuate the purposes and provisions of said Part 8
Section 1 400 Seal The Authority shall have a seal which shall be
circular in form and shall have inscribed thereon the name of the Author-
ity, the words, "State of Colorado and City of Fort Collins" and the word
"SEAL"
ARTICLE 2 000
MEMBERSHIP
Section 2 100 General The Authority shall consist of boardmembers who
shall be appointed -Fy—the Fort Collins City Council in accordance with
§31-25-805, CRS 1973, as amended, and each boardmember so appointed shall
be qualified as required by such statute At no time shall there be more
than eleven or less than five boardmembers In the event any boardmember
after appointment does not meet the statutory qualifications for board-
members, his position shall be deemed vacated and the City Council shall
appoint a new boardmember for the remainder of the term
Section 2 200 Boardmembers The number and terms of boardmembers
shall be determined by resolution of the Fort Collins, Colorado, City
Council in accordance with §31-25-805 and §31-25-806, CRS 1973, as amended
Section 2 220 Terms Except for initial appointments, each boardmember
shall be appointeator a term of four years (except any member who is a
member of the governing body) Initial boardmembers have been appointed
for staggered terms as follows
2 boardmembers for terms expiring 6/30/82
2 boardmembers for terms expiring 6/30/83
2 boardmembers for terms expiring 6/30/84
4 boardmembers for terms expiring 6/30/85
A boardmember representing the Fort Collins City Council shall serve at
the pleasure of the governing body
Section 2 230 Compensation All members, including the Chairman, shall
serve without compensation but may be reimbursed for actual and necessary
expenses incurred on behalf of the Authority
Section 2 300 Vacancies In the event of one or more vacancies or
expiration of any one or more boardmembers' terms, the Authority may at a
regular or specially called board of directors meeting, by a majority vote
of qualified boardmembers present, nominate replacement boardmembers
for consideration by the Fort Collins City Council In the event a board-
members's term has expired, the Board may nominate him for an additional
term or nominate a replacement The Fort Collins City Council is not
obligated to appoint boardmembers nominated by the Authority and may
appoint boardmembers of their own selection However, should the City
Council fail to extend the term of or replace any existing boardmember
nominated by the Authority for term extension, such boardmember shall
continue to serve as a boardmember of the Authority until a successor has
been appointed and qualified
ARTICLE 3 000
OFFICERS AND COMMITTEES
Section 3 100 Chairman The Chairman shall preside at all meetings of
the Authority except as otherwise authorized by the Authority The Chair-
man shall sign all contracts, deeds and other instruments made by the
Authority At each meeting the Chairman shall submit such recommendations
and information as he may consider proper concerning the business affairs
and policies of the Authority
Section 3 110 Election On April 27, 1981, the Board elected,
by majority vote a T airman who shall serve until the first
regularly scheduled meeting of the Board in July of 1982 In
July of 1982 and each year thereafter, a Chairman shall be
elected from the boardmembers to preside at the meetings of the
Board The Chairman shall have full power to vote on any issue
except as otherwise provided herein The Chairman shall serve
until election of the new Chairman at the first regular meeting
the following July, at which time the Chairman may be renominated
or a new Chairman may be elected
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Section 3 200 Vice Chairman The Vice Chairman shall perform the duties
of the Chairman in the a Bence or incapacity of the Chairman 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 The Vice Chairman shall be elected
from the boardmembers in the same manner and at the same time as the
Chairman
Section 3 300 Treasurer The Treasurer shall keep, or cause to be kept,
the financial records of the Authority and shall approve all vouchers for
the authorized expenditure of funds of the Authority, provided that the
Authority by majority vote of its members voting thereon may delegate such
responsibility to the Director of the Authority The Board may require a
bond from the Treasurer or waive such requirement
Section 3 400 Secretary The Secretary shall maintain, or cause to be
maintained, custody of official Seal and of all records, documents or
other papers not required to be maintained by the Treasurer The Secretary
shall attend all meetings of the Board and keep a record of all its pro-
ceedings, file minutes of all regular or special meetings with the Clerk of
the City of Fort Collins and shall perform such other duties as may be
delegated by the Board The Secretary shall have the power to affix
the Authority's Seal to and attest all contracts and instruments to be
executed by the Authority
Section 3 500 Election of the Treasurer and Secretary, Assistants The
Treasurer and Secretary shall e elected rom the boardmembers in the same
manner and at the same time as the Chairman The Board shall have the
authority to authorize positions for Assistant Treasurer and Assistant
Secretary who shall perform such functions as authorized by the Board
Salaries for such positions shall be set by the Board
Section 3 600 Director Pursuant to the requirements of 31-25-815, CRS
1973, a Director shall be employed for the Downtown Development Authority
Section 3 610 Appointment The Director shall be appointed by
the Board and sha serve at the pleasure of the Board Compen-
sation to be paid to the Director shall be established by the
Board
Section 3 620 Responsibility The Director shall be the chief
executive officer of the Authority and shall have supervision
over, and be responsible for, the performance of the functions of
the Authority Notwithstanding other items within these Bylaws,
the Director may expend funds for normal and necessary expenses
provided that the Treasurer also signs vouchers The Director
shall also provide periodic financial statements and reports to
the Board as required
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Section 3 630 Staff The Authority may, by majority vote,
authorize the Director to hire subordinate staff In such event,
the Director shall be responsible for supervising such staff and
providing reports to the Board Subordinate staff shall serve
under the direction of the Director
Section 3 640 Bond The Board may require a bond from the
Director or by reso-T—ution waive the bond requirement
Section 3 650 Preparation of Budget The Director shall
annually prepare a Budget and submit it to the Board for its
approval in accordance with applicable State statutes The
budget shall indicate the amount of compensation to be paid staff
and the amounts to be devoted to specific Authority projects
Section 3 700 Additional Duties All officers shall perform additional
duties as directed by the Board
Section 3 800 Committees The Board may establish committees to investi-
gate and report to the Authority or to perform such other duties as the
Authority may decide Such committees shall be headed by a boardmember and
shall consist of such other persons as a majority of the Authority may
appoint
ARTICLE 4 000
MEETINGS
Section 4 100 Regular Meetings Regular business meeting dates shall be
determined by the Board by motion Regular meetings may be recessed
and continued to any other date
Section 4 110 Absence In the event of an unexcused absence of a
boardmember for three consecutive regular meetings, a letter may be written
by the Director, at the direction of the Board, to the Fort Collins City
Council requesting removal of that boardmember pursuant to these rules
Section 4 200 Special Meetings Special meetings of the Authority may be
called by the Authority Chairman or by three boardmembers at a convenient
place and time, provided not less than a quorum of all boardmembers are in
attendance and written notice has been given to each boardmember at least
two days in advance of such meeting stating the time and location within
the City of Fort Collins at which the meeting is to be held Consent to
such special meeting or attendance at such meeting by a boardmember shall
be deemed a waiver of the notice requirement for such boardmember
Section 4 300 Open Meetin s All meetings and records of the Board or
any committee thereofs a e open to the public except for portions of
such meetings and records dealing with personnel matters, negotiations for
acquisition or financing of real property acquisitions, or privileged
meetings with counsel for the Authority
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Section 4 400 Quorum The quorum necessary to conduct all regular
business shall be a majority of all regular boardmembers
Section 4 500 Vo�tinq All regular business matters shall be decided by
majority of the board members present and voting unless otherwise provided
for in these bylaws
Section 4 600 Rules of Order All meetings shall be conducted under the
most recent edition o "Roberts ' Rules of Order" , revised, except as
otherwise provided by these By-Laws and Statute 31-25-801, et seq , CRS
1973, as amended from time to time
ARTICLE 5 000
CONTRACTS, FINANCE
Section 5 100 Contracts The Board may authorize by resolution the
Chairman or Director to enter into any contract or execute any instrument
in the name of and on behalf of the Authority, and such authority may be
general or confined to specific instances
Section 5 200 Annual Budget Each year the Board shall consider and
approve a budget base upon that submitted by the Director
Section 5 300 Finance All funds will be deposited and disbursed in
accordance with the applicable statutes of the State of Colorado and with
actions of the Board of Directors that may from time to time be taken
Section 5 400 Property The Authority may hold property in its name
as directed by reso —uTion of the Board and as permitted by §31-25-801 et
seq , CRS 1973, as amended
ARTICLE 6 000
AMENDMENTS
Section 6 100 Amendments The Bylaws of the Authority may be amended at
any regular or special meeting by a two-thirds vote of the Board, subject
to final approval of such amendments by the Fort Collins City Council
No such amendment shall be adopted unless at least two days' written notice
thereof has been previously given to all members of the Authority All
amendments to these Bylaws shall be filed in the office of the Clerk of
the City of Fort Collins
ARTICLE 7 000
INDEMNIFICATION
Section 7 100 Indemnification Any of the Authority's officers, direc-
tors and other employees may be indemnified or reimbursed by the Authority
for reasonable expenses ( including but not limited to attorneys' fees,
judgments and payments of settlement) actually incurred in connection
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with any action, suit or proceeding, civil or criminal , actual or threaten-
ed, to which he or they may be made a party by reason of his being or
having been, or by reason of any actual or alleged acts performed or
omitted to be performed in connection with his being or having been a
boardmember, officer or employee of the Authority, provided, however, that
no person shall be so indemnified or reimbursed in relation to any matter
in such action, suit or proceeding as to which he shall finally be adjudged
to have been guilty of or liable for gross negligence or willful misconduct
or criminal acts in the performance of his duties to the Authority,
provided further that no person shall be so indemnified or reimbursed in
relations to any matters in such action, suit or proceeding which has been
made the subject of a compromise settlement except with the approval of a
court of competent jurisdiction or the Board of Directors of the Authority
acting by vote of the directors, not parties to the same or substantially
the same action, suit or proceeding constituting a majority of the whole
number of the boardmembers The foregoing right of indemnification or
reimbursement shall not be exclusive of other rights to which such person,
his heirs, executors or administrators may be entitled as a matter of
law
Section 7 200 Insurance The Authority may, upon the affirmative vote of
the majority of its Board of Directors, purchase insurance for the purpose
of indemnifying its boardmembers, officers and other employees to the
extent that such indemnification is allowed in Section 7 100
ARTICLE 8 000
APPROVAL OF BYLAWS
Section 8 100 Approval These Bylaws, upon approval by a two-thirds
vote of the members of—the Board, and upon the approval of the Fort
Collins City Council , shall be filed with the City Clerk
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