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HomeMy WebLinkAbout3030 Amending Ordinance 3018 - Establishing Interim PDA Board of Directors/Charter and BylawsOrdinance No. 3030 Page 1 of 1 Ordinance No. 3030 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 3018 TO PROVIDE FOR AN INTERIM BOARD OF DIRECTORS OF THE CITY OF PORT TOWNSEND PUBLIC DEVELOPMENT AUTHORITY AND APPROVING A CHARTER AND BYLAWS WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council authorized in Ordinance 3018 (passed September 9, 2009) the creation of the City of Port Townsend Public Development Authority (PDA) as a public corporation and separate legal entity to perform any lawful public purpose or public function as therein authorized; and WHEREAS, the Council determines it appropriate to authorize appointment of an interim board of directors for the PDA to facilitate the start up of the PDA and assist in furthering the ongoing, collaborative, work between State Parks (Fort Worden), Centrum, and the City and others, pending appointment of a regular board. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Amendment to PDA Enabling Ordinance and Charter. Ordinance 3018 establishing the City of Port Townsend Public Development Authority, and the Charter of the City of Port Townsend Public Development Authority adopted by Ordinance 3018, are hereby amended to read as follows (text in strikeout is deleted, text in underline is added): See attached Exhibit A SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a special meeting thereof, held this twenty-fifth day of January 2010. Michelle Sandoval, Mayor Attest: ~.~ ~, Pamela Kolacy, MMC, City Cler Approved a~s to Form: John P. Watts, City Attorney Exhibit A -Ordinance 3030 Page 1 of 2 A. From Ordinance 3018 ARTICLE VII Section 6: Board of Directors; Officers. A board consisting of not less than five (5) and up to nine (9)seven members (the `Board") is hereby established to govern the affairs of the Authority. The Board Members shall be appointed and serve their terms as provided in the Charter. All corporate powers of the Authority shall be exercised by or under the authority of the Board; and the business, property and affairs of the authority shall be managed under the supervision of the Board, except as may be otherwise provided by law, this Enabling Ordinance (as it may be amended from time to time), or in the Charter. The Board shall have two or more officers as provided in the Charter. The officers. shall manage the daily affairs and operations of the Authority. The same person shall not serve as both the chairperson of the Authority and the officer responsible for the custody of funds and maintenance of accounts and finances. Any officer responsible for accounts and finances shall file with the Authority a fidelity bond in an amount determined by the Authority to be adequate and appropriate and may hold the office only as long as such a bond continues in effect. The chairperson shall be the agent of the Authority for service of process. The Authority may, by resolution, designate other agents to receive or initiate process. B. From Charter adopted by Ordinance 3018 ARTICLE VII ORGANIZATION OF AUTHORITY Portion Section 1. Board of Directors. The management of all Authority affairs shall reside in a Board of Directors. The Board shall be composed of not less than five (5) and up to nine ))see=`aen-f~ members. All appointments to the Board shall be made by the City Mayor and confirmed by the City Council. Members should be civic or business leaders with experience relevant to the purpose of the Authority in such fields as finance, corporate management, real estate development, law, technology, or construction management. Members are not required to be residents of the City. No member of the Authority Board of Directors may be an official or employee of the City nor hold any City_elected office during his or her term on the Board. A City Councilor may be appointed as a Colulcil liaison to the Board. Exhibit A - Ordinance 3030 Page 2 of 2 Section 2. Tenure of Board Members. Board Members shall be appointed for three-year terms, except as provided herein for the initial Board Members. Except as otherwise provided herein, all Board Members shall continue to serve on the Board until a successor is appointed and confirmed in the same manner as the initial appointments. The City Council shall divide the initial Board Members into four classes, one class with one (1) member who shall serve an initial one- year term, one class with two (2) members who shall serve an initial two-year term; one class with two (2) members who shall serve an initial three-year term; and one class with two (2) members who shall serve an initial four-year term. At the anniversary date of selection, the term of the initial Board Member with aone-year term shall expire, provided that he or she shall continue in office until his or her successor is appointed by the City Mayor and confirmed by the City Council. Successors shall serve three-year terms. This procedure shall continue annually as to successive classes of Board Members with expiring terms so that at the expiration of the term of appointment, a new class of Board Members shall take office, provided that each person so selected shall hold office for the three-year term for which he or she is selected and until his or her successor shall have been selected. There shall be no restriction on Board Members serving successive terms. In making appointments, the City Council may establish an expiration date of all members' terms to a date it deems convenient, for example, December 31. Notwithstanding the above, initial appointments of Board Members may be for a term not to exceed. six months, and terminate earlier when an initial appointment is replaced by a Board Member who is appointed for tern of years as set forth above. Nothing prevents a Board Member. who is appointed to an initial appointment from being re-appointed for an additional limited term or from subsequently being appointed for a term of years. Exhibit A -Ordinance 3030 Page 1 of 2 A. From Ordinance 3018 ARTICLE VII Section 6: Board of Directors; Officers. A board consisting of not less than seven and up to nine members (the "Board") is hereby established to govern the affairs of the Authority. The Board Members shall be appointed and serve their terms as provided in the Charter. All corporate powers of the Authority shall be exercised by or under the authority of the Board; and the business, property and affairs of the authority shall be managed under the supervision of the Board, except as may be otherwise provided by law, this Enabling Ordinance (as it may be amended from time to time), or in the Charter. The Board shall have two or more officers as provided in the Charter. The officers shall manage the daily affairs and operations of the Authority. The same person shall not serve as both the chairperson of the Authority and the officer responsible for the custody of funds and maintenance of accounts and finances. Any officer responsible for accounts and finances shall file with the Authority a fidelity bond in an amount determined by the Authority to be adequate and appropriate and may hold the office only as long as such a bond continues in effect. The chairperson shall be the agent of the Authority for service of process. The Authority may, by resolution, designate other agents to receive or initiate process. B. From Charter adopted by Ordinance 3018 ARTICLE VII ORGANIZATION OF AUTHORITY Portion Section 1. Board of Directors. The management of all Authority affairs shall reside in a Board of Directors. The Board shall be composed of not less than seven (7) and into nine (9) members. All appointments to the Board shall be made by the City Mayor and confirmed by the City Council. Members should be civic or business leaders with experience relevant to the purpose of the Authority in such fields as finance, corporate management, real estate development, law, technology, or construction management. Members are not required to be residents of the City. No member of the Authority Board of Directors may be an official or employee of the City nor hold any City_elected office during his or her term on the Board. A City Councilor may be appointed as a Council liaison to the Board. Exhibit A -Ordinance 3030 Page 2 of 2 Section 2. Tenure of Board Members. Board Members shall be appointed for three-year terms, except as provided herein for the initial Board Members. Except as otherwise provided herein, all Board Members shall continue to serve on the Board until a successor is appointed and confirmed in the same manner as the initial appointments. The City Council shall divide the initial Board Members into four classes, one class with one (1) member who shall serve an initial one- year term, one class with two (2) members who shall serve an initial two-year term; one class with two (2) members who shall serve an initial three-year term; and one class with two (2) members who shall serve an initial four-year term. At the anniversary date of selection, the term of the initial Board Member with aone-year term shall expire, provided that he or she shall continue in office until his or her successor is appointed by the City Mayor and confirmed by the City Council. Successors shall serve three-year terms. This procedure shall continue annually as to successive classes of Board Members with expiring terms so that at the expiration of the term of appointment, a new class of Board Members shall take office, provided that each person so selected shall hold office for the three-year term for which he or she is selected and until his or her successor shall have been selected. There shall be no restriction on Board Members serving successive terms. In making appointments, the City Council may establish an expiration date of all members' terms to a date it deems convenient, for example, December 31. Notwithstanding the above, initial appointments of Board Members shall. be for a term not to exceed. six months, and. terminate earlier when an initial appointment is replaced by a Board Member who is appointed for term of years as set forth above. Nothing_prevents a Board Member who is appointed to an initial appointment from bein re-a pointed for an additional limited term or from subsequently being_appointed for a term of years.