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RDA Resolution 1983-002 RESOLUTION NO. RA-83-2 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING BY-LAWS FOR THE LA QUINTA REDEVELOPMENT AGENCY AND APPOINTING OFFICERS WEJEREAS, the City Council of the City of La Quinta has organized itself as the La Quinta Redevelopment Agency; and WHEREAS, it is necessary for the Agency to establish by-laws for the conduct of its business; and WHEREAS, it is necessary to appoint the officers established in the by-laws. NOW, THEREFORE, the La Quinta Redevelopment Agency does resolve as follows: Section 1. The By-Laws" of the La Quinta Redevelopment Agency," in the form attached to this resolution, and incorporated herein by reference, are hereby adopted. Section 2. The officers of the Agency, other than the Chairman and Vice-Chairman, as Set forth in the By-Laws, are appointed to be as follows: Executive Director: City Manager General Counsel: City Attorney Special Counsel: Stradling, Yocca, Carison & Rauth, A Professional Corporation Section 3. Other officers of the Agency, appointed by the Executive Director, as set forth in the By-Laws are as follows: Assistant to the Executive Director: Assistant to the City Manager Secretary: City Manager Finance Officer: City Manager ADOPTED this 16th day of August, 1983, by the following vote: AYES: Agency Members Allen, Henderson and Chairman Baier. NOES: None. ABSENT: Agency Members Cox and Wolfj CHAIRMAN ATTEST: SECRETARY' BIB] 11-04-1996-U01 03:58:50PM-U01 RDARES-U02 83-U02 02-U02 RESOLUTION NO. RA B3-2 BY-LAWS OF THE LA QUINT IEDEVEWPMENT ANCY ARICLE I THE AGENCY Section 1. Name of Agency The official name of the Agency shall be the La Quinta Redevelornerit Agency. Section 2. Seal of Agency The seal of the Agency shall be in the form of a circle and shall bear the name of the Agency and the year of its organization. Section 3. Office of Agency and Place of eting The office of the Agency shall be at the City Hall, 78-105 Calle Estado, La Quinta, California, but the Agency may hold its meetings at any place in the City of La Quinta, California, which the Agency may frn time to time designate by resolution. Section 4. Powers The powers of the Agency shall be vested in the mers thereof then in office, who reserve unto themselves the right to delegate by resolutions such powers as appropriate and permissi- ble by law. Section 5. rd)ers The members of the Agency shall be the members of the City Council of the City of La Quinta. ArICr II OFFI Section 1. Officers The officers of the Agency shall be a Chairman and a Vice-Chairman. Other officials acting as its staff shall be an Executive Director, an assistant to the Executive Director, a Finance Officer, a Special Counsel, and a Secretary. Section 2. Chairman The Chairman of the Agency shall be the Myor of the City of La Quinta 6]cted as provided by statute. He or he shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency or the provisions of these By-Laws, the Chairman shall sign all contracts, deeds, and other instnirnents made by the Agency. At each meeting, the Chairman shall sukt such recommendations and information as he may consider proper concerning the business, affairs, and policies of the Agency. Section 3. Vicehairaan The Vicehairman shall be the Mayor Pro Inpore of the City of La Quinta elected as provided by statute. He or she shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall perform such duties BIB] 11-04-1996-U01 03:58:50PM-U01 RDARES-U02 83-U02 02-U02 RESOLUTION NO. RA 83-2 as are inposed on the Chairaan until such time as the Agency shall elect a new Chairman. In the absence of the Chairman and Vice Chairman, the Agency Members shall elect a present as temporary Chairman for the purpose of conducting meetings and performing the duties of the Chairman. Section 4. Executive Director The Executive Director shall be appointed by the Agency and shall serve at the pleasure of the Agency. The Executive Director shall have general supervision over administration of the Agency business and its affairs subject to the direction of the Agency. He shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. cept as otherwise authorized by resolution of the Agency, all such orders and checks shall be countersigned by the Chairman and Vicehainnari. Any two Signatures shall be original, and the third may be facsimile. Section Assistant to the Executive Director The Assistant to the Executive Director shall be appointed by the Executive Director. The Deputy Executive Director shall assist in the general supervision and administration of Agency business and its affairs, subject to the direction of the Executive Director and the Agency. Section 6. Finance Officer The Finance Officer shall be appointed by the Executive Director. The Finance Officer shall have the care and custody of all funds of the Agency and shall deposit the same in the nam of the Agency in such bank or banks as the Agency may select. The Finance Officer shall keep regular books of account, showing receipts and expenditures and shall render to the Agency at each regular meeting, or more often when requested, an account of his transactions and also the financial conditions of the Agency. He shall give such bond for faithful performance of his cuties as the Agency may determine. Section 7. Special Counsel Special Counsel shall be appointed by the Agency and shall serve at the pleasure of the Agency. The Special Counsel shall be the chief legal officer of the Agency and shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds, and all other legal papers for the Agency. He shall give his advice or opinion in writing to the Chairman or Qther Agency officers whenever required to do so. He shall attend to all suits and other matters to which the Agency is a part of in which the Agency may be legally interested and do such other things pertaining to his office as the Agency may require of him. Section 8. Secretary The Secretary shall be appointed by the Executive Director. The Secretary shall keep the records of the Agency, shall act as secretary at meetings of the Agency and shall record all votes and keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such puppose and shall perform all duties incident to his office. The Secretary shall maintain a record of all official proceedings of the City Council of the City of La Quinta relevant to the Agency and its redevelopment program(s). In the absence 2- BIB] 11-04-1996-U01 03:58:50PM-U01 RDARES-U02 83-U02 02-U02 RESOLUION NO. RA 83-2 of the Secretary, the Executive Director shall appoint a member of the staff to act as Secretary. Section 9. Additional Duties The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or the By-Laws or rules and regulations of the Agency. Section 10. Election or Appointment of Chairman and Vicehairaan Except as provided in Section 11, the Chairman and ViceChairman shall be appointed in a manner consistent with the selection of the Mayor and Mayor Pro Tem. Section 11. Vacancies Should the offices of Chairman or Vice- Chairman beocce vacant, the Agency shall elect a successor fr its membership at the next regular ting, and such election shall be for the unexpired term of said office. Should any office other than Chairman or ViceChairman become vacant, the Agency shall appoint a successor within a reasonable time or by resolution determine that such office shall reaain vacant for a definite or indefinite period of time. Section 12. Cperisation The Mebbers of the Agency shall receive such compensation as the City Council prescribes, but said cpensation shall not ecceed $30.00 per riber for each meeting of the Agency attended by the nber. No nber shall receive compensation for attending more than four meetings of the Agency during any calendar month. In addition, members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Section 13. Additional Personnel The Agency may fran time to time appoint or nploy such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by the California unity Redevelopment Law, as amended, and all other laws of the State of California applicable thereto. The selection, duties and c(npensation of such personnel shall be determined by the Agency subject to the laws of the State of California. AICLE III MEETINGS Section 1. Annual meeting The annual meeting of the Agency shall be held on the 1st Thesday of July at 7:30 p.m. in the Council Chambers at City Hall, La Quinta, California. In the event such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding business day. Section 2. Regular Meetings Regular meetings shall be held without official notice on the 1st and 3rd Thesday of each nth at 7:30 p.m. in the Council Chambers at City Hall, La Quinta, California. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next succeeding business day. 3- BIB] 11-04-1996-U01 03:58:50PM-U01 RDARES-U02 83-U02 02-U02 RESOLUTION NO. RA 83-2 Section 3. Special meetings The Chairnan of the Agency may, when he deems it expedient, and shall, upon the written request of two members of the Agency, call a special meeting of the Agency for the pur- pose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the 13brown Act, Coverrinent Code Section 54950 et At such special meeting, no business shall be considered other than as designated in the call. Section 4. QuOrun Three Mbers of the Agency shall 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 from tine to tine until a quorum is obtained. Every official act of the Agency shall be adopted by a majority vote. A majority vote' shall mean a majority of all members present when a quorum is present. Section 5. Order of Business At the regular meetings of the Agecy the following shall be the order of business: Call to Order Roll Call Hearings Consent Calendar Approval of Minutes Business Session Adj ourrment All resolutions shall be in writing and designated by nurber, reference to which shall be inscribed in the minutes and an approved copy filed in the official book of resolutions of the Agency. Section 6. Manner of Voting The voting on formal resolutions, matters to any federal, state county, or city agency, and on such other matters as may be requested by a majority of the Agency ribers, shall be by roll call, and the ayes and noes and members present not voting shall be entered upon the minutes of such meeting, except on the election of officers which may be by ballot. Section 7. Parliamentary Procedure Unless a different procedure is established by resolution of the Agency, or set forth in these By-Laws, the rules of parliamentary procedure set forth in Robert 5 Rules of Order Revised shall govern all meetings of the Agency. ARTI Iv AMEES Section 1. Amendments to By-Laws The By-Laws of the Agency may be amended by the Agency at any regular or special meeting by majority vote. ARIC1 V CFLICTS SectiOn 1. Conflicts Conflicts shall be determined and governed by a Conflict of Interest Code to be adopted by the Agency and approved by the City Council. 4- BIB] 11-04-1996-U01 03:58:50PM-U01 RDARES-U02 83-U02 02-U02