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HA Resolution 2014-001 HA Bylaws & Rules Amended & RestatedRESOLUTION NO. HA 2014 - 001 A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPT AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR MEETINGS, RELATED FUNCTIONS, AND ACTIVITIES WHEREAS, the City Council of the City of La Quinta ("City Council" or "City," as applicable) established the La Quinta Housing Authority (the "Housing Authority") in 2009 to function in the City of La Quinta in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 at seq.); and WHEREAS, pursuant to Section 34311(a) of the California Health and Safety Code, the Housing Authority may adopt bylaws and regulations to carry into effect the powers and purposes of the Housing Authority; and WHEREAS, by Resolution No. HA 2012-002 adopted January 17, 2012, the City Council elected to have all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the La Quinta Redevelopment Agency transferred to the La Quinta Housing Authority pursuant to Health & Safety Code Section 34176(b)(2); and WHEREAS, the Authority desires to adopt amended and restated _b lvus'a and rules of procedure for the general operation of the Authority and cQAduot%:gf, its meetings, which shall supersede previous resolutions addressing these matter NOW, THEREFORE, BE IT RESOLVED by the Governing;Board of the. La Quinta Housing Authority as follows: SECTION 1. The Amended and Restated Bylaws and Rules of Procedure of the La Quinta Housing Authority, a copy of which is attached hereto as Exhibit "A" and incorporated herein are hereby approved. SECTION 2. The Housing Authority Chairperson and Executive Director are authorized and directed to take such actions and execute such documents as may be necessary to implement and affect this Resolution and the Bylaws on behalf of the Housing Authority. SECTION 3. The Secretary shall certify to the adoption of this Resolution. Resolution No. HA 2014-001 Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 2 of 7 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Housing Authority held on this 151h day of April 2014, by the following vote: AYES: Authority Members Adolph, Evans, Franklin, Osborne, Chair Henderson NOES: None ABSENT: None ABSTAIN: None TERRY HMDERSON, Chairperson La Quint§ gousing Authority ATTEST: '<U A/1 L SUSAN„MAYSELS, S66retary LgS infa',"0*ng Authority AMOVED:A'1§40 FORM: M.KATHERINE JEN$fa1V, Authority Counsel La Quinta Housing Authority Resolution No. HA 0144-001 Amended & Re tat Bylaws & Rules of Procedure Adopted: April 15, 014 Page 3 of 7 EXHIBIT A AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE OF THE LA QUINTA HOUSING AUTHORITY SECTION 1. CITY COUNCIL RULES OF PROCEDURE INCORPORATED Except as provided otherwise herein, all the provisions of the Rules of Procedure for City Council Meetings and Related Functions and Activities shall apply to the La Quinta Housing Authority and are hereby incorporated by reference as currently written and as amended from time to time. SECTION 2. NAME OF AUTHORITY. The official name of the City of La Quinta Housing Authority shall be the "La Quinta Housing Authority" (herein referred to as "Authority"). SECTION 3. 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. SECTION 4. OFFICE OF AUTHORITY AND PLACE OF MEETING. The office and regular place of meeting of the Authority shall be at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The Authority may hold its meetings at such other locations as the Authority may from time to time designate by resolution, in the order of adjournment, or notice of call of any special meeting. SECTION 5. REGULAR MEETINGS Regular meetings of the Authority shall be held on the third Tuesday of January, April, July and October at the time designated in the Rules of Procedure for Council Meetings and Related Functions and Activities, as it currently exists or as it is amended in the future. In the event a day of meeting falls on a legal holiday, said meeting shall be held on the next business day. SECTION 6. POWERS. The Authority shall be vested with all the rights, powers, duties, privileges, and immunities established by the California Housing Authorities Law (Health and Safety Code Sections 34200, et seq.) (the "Housing Authorities Law") which powers shall be vested in the board members thereof then in office, who reserve unto themselves the right to delegate such powers as are appropriate and Resolution No. HA 2014-001 Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 4 of 7 permissible by law. SECTION 7. BOARD MEMBERS. 1 Notwithstanding that the Housing Authorities Law describes the' members of the Authority as "commissioners," to avoid confusing the, members of the Authority with the members of the La Quinta Housing Commission, the members of the Authority shall be referred to as "board members." Nothing in these Bylaws and Rules of Procedure or in any other document of the Housing Authority shall be intended to bestow greater authority on the members of the Authority than is otherwise permitted or required by the Housing Authorities Law. The board members of the Authority shall be the members of the La Quinta City Council SECTION 8. OFFICERS AND OFFICIALS The officers of the Authority shall be a Chairperson and a Vice -Chairperson. Other officials acting as its staff shall be an Executive Director, a Finance Officer, a General Counsel, a Secretary, and such other officials as the board members of the Authority may determine. Subject to the provisions of these Bylaws and Rules of Procedure, the board members shall set the selection, duties, and compensation of such officials. Whenever an officer of the City is designated an officer of the Authority, the assistants and deputies of such officer from time to time shad also be, ex officio, officers of the Authority; and whenever a power is granted to, or a duty imposed upon, such officer, the power may be exercised, or the duty performed, by such assistant or deputy. SECTION 9. CHAIRPERSON Chairpersons and the Vice -Chairpersons shall be selected by the board members from among the board members at the first meeting held after December 30, or as soon thereafter as possible. The Mayor may not be selected as the Chairperson. The Chairperson of the Authority shall preside at all meetings of the Authority. SECTION 10. VICE -CHAIRPERSON The Vice -Chairperson shall perform the duties of the Chairperson in the absence, incapacity, resignation, or death of the Chairperson until such time as the Chairperson returns or a new Chairperson takes office. SECTION 11. ABSENCES In the absence of the Chairperson and Vice -Chairperson, the board members shall elect a board member present as temporary Chairperson for the purpose of conducting meetings and performing the duties of the Chairperson. Resolution No. HA 2014-001 Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 5 of 7 SECTION 12. EXECUTIVE DIRECTOR The Executive Director shall be the person acting as the City Manager of the City of La Quinta. The Executive Director shall have general supervision over administration of the Authority business and its affairs, subject to the direction of the board members. SECTION 13. FINANCE OFFICER The Finance Officer shall be the person acting as the Finance Director/ Treasurer of the City of La Quinta. The Finance Officer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Finance Officer shall sign all checks, drafts, or orders for the payment of money, notes, or other indebtedness and shall pay out and disburse such monies under the direction of the Authority. The Finance Officer shall keep regular books of account, showing receipts and expenditures and shall render to the Authority at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Authority. SECTION 14. GENERAL COUNSEL The General Counsel shall be the person acting as the City Attorney of the City of La Quinta. The General Counsel shall be the chief legal officer of the Authority and shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds, and all other legal papers for the Authority. The General Counsel shall give his/her advice or opinion in writing to the Chairperson or other Authority officers and officials whenever required to do so. The General Counsel shall attend to all suits and other matters to which the Authority is a party or in which the Authority may be legally interested and do such other things pertaining to the office as the Authority may require. SECTION 15. SECRETARY. The Secretary shall be the person acting as the City Clerk of the City of La Quinta. The Secretary shall keep the records of the Authority, shall act as secretary at meetings of the Authority, shall record all votes, keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Secretary shall maintain a record of all official proceedings of the Authority and its programs. SECTION 16. ADDITIONAL DUTIES. The officers and officials of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or by these Bylaws and Rules of Procedure. Resolution No. HA 2014-001 Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 6 of 7 SECTION 17. PERSONNEL The ordinances, resolutions, rules, and regulations of the City governing its personnel shall also govern the personnel of the Authority. SECTION 18. VACANCIES. Where an office of the Authority becomes vacant and these Bylaws and Rules of Procedure specify that the person serving in that office is the person holding a designated position with the City, the office shall remain vacant until a person is appointed to the City position, unless the board members make a temporary appointment until such position is filled. In all other cases, when an office becomes vacant, the board members shall appoint a successor within a reasonable period or by an affirmative vote of the majority, determine that such position shall remain vacant for a definite or indefinite period. No board member shall be eligible for any office of the Authority other than Chairperson and Vice - Chairperson. SECTION 19. COMPENSATION No board member shall be employed by the Authority during his/her tenure of office. The board members shall receive such per diem compensation as the Authority shall determine, but said compensation shall not exceed $ 50.00 per board member for each meeting of the Authority attended by the board member. No board member shall receive compensation for attending more than four meetings of the Authority during any calendar month. In addition, board members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. SECTION 20. ADDITIONAL PERSONNEL AGENTS AND CONSULTANTS The Authority may from time to time appoint or employ such personnel, agents, and consultants, as it deems necessary to exercise its powers, duties, and functions. The Authority may utilize the services of City employees as authorized by the City. In addition, the'Authority may retain such agents and consultants, permanent and temporary, as it may require. The selection, duties, and compensation of such personnel, agents, and consultants shall be determined by the Authority subject to the laws of the State of California. SECTION 21. PAYMENT OF MONEY, NOTES, AND OTHER INDEBTEDNESS All checks, drafts or other orders for the payment of money, notes, or other evidence of indebtedness issued in the name of or payable to the Authority require the signature of any two of the following persons: the Chairperson, Vice - Chairperson, Authority Executive Director, and the Authority Finance Officer. Resolution No. HA 2014-001 Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 7 of 7 SECTION 22. PURCHASING Except as otherwise specified herein or as established by resolution of the board members, the Authority shall comply with all ordinances, resolutions, rules and regulations of the City in purchasing and contracting for supplies, services, and equipment. SECTION 23. PROPERTY The acquisition and disposition of real property shall be governed by the Housing Authorities Law and the rules and regulations adopted by the Authority not inconsistent therewith. SECTION 24. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional.