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HomeMy WebLinkAboutIGA amendments~. 1"\ Ä~ eYtdf) .~ l?ç +Æ,t-l 12- 20 -07 :r July 25, 2000 and the Third Amended and Restated Intergovernmental Agreement of October 28, 2002, effective on the date first stated above, to read as follows: I. MUTI-JRISDIClIONAL HOUSING AUTORITY - PURPOSE. The Aspenlitk County Housing Authority (hereinafer referred to as "Authority") has been established as a ,multi-jursdictional housing authority for the purse of assisting the City and County, upon request by either par, in effecting the plang, fiancing, acquisition, constrction, development, reconstrction or repair, matenance, maagement and operation of housing projects pursuant to a multi- jursdictional plan to provide residential facilties and dwellng accommodations at renta or sale prices within the means of famlies or persons of low, moderate and middle income who are employed in the City or the County, who reside or need to reside in the City or County, and who have identifiable needs for afordable housing; e.g., limited incomes, senior citizens and disabled persons, as defied by the Authority in published guidelines. The Authority shall be a political subdivision and a public corporation of the State of Colorado, separate from the City and County, and shall be a validly created and existig political subdivision and public corpration of the State of Colorado. It shall have the duties, privileges, immunities, rights, liabilties, and disabilties of a public body politic and corprate. The provisions of Arcles i 0.5 (the "Public Deposit Protection Act") and 47 (the "Savings and Loan Association Public Deposit Protection Act") of Title 11, Colorado Revised Statutes, shal apply to monies of the Authority. The Authority shall have any and all powers, duties, rights and obligations as such are set fort herein and subject to the terms and conditions of this Agreement. In order to faciltate management oversight and to provide additional resources to the Authority, the Authority shall delegate to the City certin administative fuctions as more fuly described herein. II. BOAR OF DlREClORS: A. Number, Manner of Appointmnt, Qualifcations, Etc.: The Board shall consist of five (5) Directors (hereinafer referred to as "Directors"), and one (1) alternte, serving staggered terms to be appointed as follows: 1. Two Directors shall be appointed by the Board of County Commssioners. 2. Two Directors shall be appointed by the City CounciL. 3. One Director and one alternate shall be appointed jointly by the Boar of County Commssioners and the City CounciL. 4. No Director shall be a member of the Boar of County Commssioners, the City Council, or an employee of the City, County, or Page 2 Authority. All Directors and the Alternate Director shall be residents of Pitkin County. 5. As soon as reasonable afr the effective date of ths Amended Agrement, the City Council and Board of County Commssioners shall appoint initial Directors as set fort above for the followig initial terms: One Director appointed by County: One Director appointed by City: One Dirctor appointed by County: One Director appointe by City: One Joint Director: One joint alternate Director: 4 years 4 years 3 years 3 years 3 year 3 years 6. The term of each Director and the Alternate Director following the intial term shall be for a period of two years. Notwithstading the term set fort herein, Directors and the Alternate Director shall continue to serve as Directors unti such time as a successor has been appointed. 7. Directors appointed by the City Council may be removed at the sole discretion of the City CounciL. Directors appointed by the County Commissioners may be removed at the sole discretion of the County Commssioners. The Jointly appointed Director and the Alternate Director may be removed at the sole discretion of either the City Council or County Commssioners. Upon the removal of a Director or Alternate Director, a replacement shall be appointed by the respective governental entity(ies) that originally appointed the Director for the unexpired term of the removed Dirctor or Alternte Director. B. Officers: The. offcers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secreta. 1. Chair. The Chair shall preside at all meetings of the Authority. At each meetig, the Char shall submit such recommendations and informtion as she or he may consider prope concerng the business, afais and policies of the Authority. 2. Vice Chair. The Vice Chai shal perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair shal perform such duties as are imposed on the Chair unti such time as the Authority shall select a new Chair. 3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or incapacity of both the Chai and the Vice Chair. With respect to Page 3 3ff) fcp..o tA hJ ~ (lLcfA--cLli ni 16 - z. f? -,07-. . Intergovernental Agreement, effective on the date first stated above, to read as follows: i. MULTI-JURISDICTIONAL HOUSING AUTHORITY - PURPOSE. The AspenlPitkin County Housing Authority (hereinafter referred to as "Authority") has been established as a multi-jurisdictional housing authority for the purpose of assisting the City and County, upon request by either party l in effecting the planning, finahcing, acquisition, construction, development, reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi- jurisdictional plan to provide residential facilities and dwellng accommodations at rental or sale prices within the means of families or persons of low, moderate and middle income who are employed in the City or the County, who reside or need to reside in the City or County, and who have identifiable needs for affordable housing; e.g., limited incomes, senior citizens and disabled persons, as defined by the Authority in published guidelines. The Authority shall be a political subdivision and a public corporation of the State of Colorado, separate from the City and County, and shall be a validly created and existing political subdivision and public corporation of the State of Colorado. It shall have the duties, privileges, immunities, rights, liabilties, and disabilties of a public body politic and corporate. The provisions of Articles 10.5 (the "Public Deposit Protection Act") and 47 (the "Savings and Loan Association Public Deposit Protection Act") of Title 11, Colorado Revised Statutes, shall apply to monies of the Authority. The Authority shall have any and all powers, duties, rights and obligations as such are set forth herein and subject to the terms and conditions of this Agreement. In order to facilitate management oversight and to provide additional resources to the Authority, the Authority shall delegate to the City certain administrative functions as more fully described herein. II. BOAR OF DIRECTORS: A. Number; Manner of Appointment, Qualifications, Etc.: The Board shall consist of five (5) Directors (hereinafter referred to as "Directors"), and one (1) alternate, serving staggered terms to be appointed as follows: 1. Two Directors shall be appointed by the Board of County Commissioners. 2. Two Directors shall be appointed by the City CounciL. 3. One Director and one alternate shall be appointed jointly by the Board of County Commissioners and the City CounciL. II11II111I11111111 II1II1I11I1 11111111111111111111111111 :;;~~~;;; 1. ..,SILVIP DAVIS PITKIN coumv co R 71.00 0 0.00 Page 2 4. No Director shall be a member of the Board of County Commissioners, the City Council, or an employee of the City, County, or Authority. All Directors and the Alternate Director shall be residents of Pitkin County. 5. As soon as reasonable after the effective date of this Amended Agreement, the City Council and Board of County Commissioners shall appoint initial Directors as set forth above for the following initial terms: One Director appointed by County: One Director appointed by City: One Director appointed by County: One Director appointed by City: One Joint Director: One joint alternate Director: 4 years 4 years 3 years 3 years 3 years 3 years 6. The terms of each Director and the Alternate Director following the initial term shall be for a period of four years. Notwithstanding the terms set forth herein, Directors and the Alternate Director shall continue to serve as Directors until such time as a successor has been appointed. 7. Directors appointed by the City Council may be removed at the sole .discretion of the City CounciL. Directors appointed by the County Commissioners may be removed at the sole discretion of the County Commissioners. The Jointly appointed Director and the Alternate Director may be removed at the sole discretion of either the City Council or County Commissioners. Upon the removal of a Director or Alternate Director, a replacement shall be appointed by the respective governental entity(ies) that originally appointed the Director for the unexpired term of the removed Director or Alternate Director. B.Officers: The officers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secretary . 1. Chair. The Chair shall preside at all meetings of the Authority. At each meeting, the Chair shall submit such recommendations and information as she or he may consider proper concerning the business, affairs and policies of the Authority. 2. Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such time as the Authority shall select a new Chair. 3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or incapacity of both the Chair and the Vice Chair. With respect to Page 3 u.GlGl.. - ~ Gl Glto .. r'Glto o~s o r'~o I' " co I' ~~.. io ~.. Q. ~ l5 Glii ~!! r--0:--¡¡--i!! 0~u=~~~-::-0!! u_ zii ;;=l---oi u-Vl=;=0:ii 0-a-'; ¿-In ,- ~ ."- .~.tJD fv\U~Ji\¿1J f- ~s~W T6-;l q-/3 -q1 n.BOAR OF DIRECTORS: 1. Number; Manner of Appointment, Etc.: The Board shall consist of seven (7) Directors (hereinafter referred to as "Directors"), and two alterntes, serving staggered term to be appointed as follows: a. Thee (3) Directors and one (1) Alternate Direcor shal be appointe by the Board of County Commssioners. b. Thee (3) Directors and one (I) Alternte Director shall be appointe by the City Council. c. One (1) Director shall be apointe jointly by the Board of County Commioners and the City Council. d. One (1) Director shall be a member of the Board of Count Comnssioners to be appointed by the Board of County Commsioners and one (1) Director shl be a member of the City Council to be appointed by the City Council. respectively. on an anual basis, an to serve as such a Direcr unti a succsor ha ben appointed. . The term of office of the members of the Board shall be two (2) yeas, except as otherwise provided in Section II.1.(d) above an except as provided heein with rest to the initi Boad Members. All Directors shal be residents of the County, provided that thee (3) of the Direcrs sha also be residents of the City. Excet for the two (2) Direcrs described in Secon D. L(d) above, the Direcors shal not be members of the Board of County Commssioners or the City Council, and no members shall be employees of the Authority . Excet for the two (2) Directors describ in section D. L(d) above, the inti Board of Directors shal be appointed as follows: Jurisdicton Term County County Joint City Cit 1 yea 2 yea 2 years 2 yea 1 yea Page 6 - 0-HU ~:;i==;-",_w=i~_G~_a: H!!; L!! I- .= . mz=...-.. ._.. ID¡¡_a_I._N=...-IQII-..==,. e:¡¡ .-:!~-;¡..-!!O_. fi -A M.tA--cPLJ i. (lL.sec-kJ :rG--A . Lf-2&-F1 i7":''l'I .:~. 7. _ Authori tv Requirements: To annually recommend to the City and the County for approval, development of, and qualifications for, ownership and rental of low, moderate and middle income housing within the city and the county for the population segments designated herein or identified by the Authority as required by existing agreements andland use regulations. II.BOARD OF DIRECTORS 1. Number; Manner of A~pointment Etc.: The Board shall consist of seven (7) Directors (the "Directors"), serving staggered terms to be appointed as follows: (a) Three (3) Directors shall be appointed by the Board of County Commissioners. (b) Three (3) Directors shall be appointed by theCi ty Council. (c) One (1) Director shall be appointed jointly by the Board of County commissioners and the City Council. (d) One (1) Director shall be a member of the Board of County Commissioners and one (l) Director shall be a member of the City Council to be appointed by theBoard of County Commissioners and the City Council, respectively, on an annual basis, and to serve as such a Director until a successor has been appointed. The term of office of the members of the Board shall be two (2) years,: except as otherwise prov ided in Section II. l. (d) above andexcept"::'. as .. p'tovided herein with respect to the initial Board members. All Directors shall be residents of the County, provided . that three (3) of the Directors shall also be residents of the\~ City. Except for the two (2) Directors described in Section II. l. (d) above, the Directors shall not be members of the Board of County Commissioners or the City Council, and no members shall be employees of the Authority. Except for the two (2) Directors described in Section II. i. (d) above, the initial Board of Directors shall be appointedas follows: -6- Jurisdiction Term (County 1 year ( 2/89-2/90) County 2 years (2/89-2/91)Joint 2 years (2/89-2/91)City 2 years (2/89-2/90)City 1 year ( 2/89-2/91) 2.Officers: The officers of the Authority shall be a Chairman, a vice Chairman, a Treasurer and a Secretary who shall be the Executive Director of the Authority. ( (a) Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman 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. (b) Vice Chairman. The Vice Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman: and 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. (c) Treasurer. The Treasurer shall perform the duties of the Chairman in the absence or incapacity o.f both the Chairman and the Vice Chairman. Either the Treasurer or the Secretary shall sign all orders and'--" checks - for payment of money and shall payout and disburse such moneys under the direction of the Authori ty. The Treasurer shall serve as advisor to theAuthori ty and the Board on financial matters. (d) SecretarY/Executive Director of the Authorit~. The Secretary shall be the Executive Director of the Authority and, as such, shall have general supervision over the administration of the Authority's business and affairs, subj ect to the direction of the Board. The Secretary shall be charged with the management of the housing pröjects of the Authority. The secretary shallkeep the records of the Authority, shall act as secretary of the meetings of the Authority and record all votes, and shall 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 his office. He shall keep in safe custody the seal of -7- ~ .....,. r &-1\ () tz(~ lvio1 1l-2'-11tl~ C.~..~~ ~ , ¡- o"'''.d~~~. '. t.... .... .; ,.~.4 -.Ri~ 14. To appoint a Housin9 Offico Director and prepare an annual budg t for Hosin9 Offico. Tho Housin9 Office Director ahll servo as Secretary to tbe Bord of the City/Couty lIousin9 Authority. BOAR OF 0 I RECTRS Tho Bord of Directors of tho City/County Housin9 Authority ahall consist of five Directors, each to serv a two roar tera, except that two of the initial Directors ahall aerv a on y.ar tera as spoiUed belov, in order to provido sta9CJred toras. Said Directors shall be appointed in the follov1n9 faabioni a. Tw (~I Diretors shall be appointed by the Bord of County COMissioners. b. Tw (2) Directors ahall be appointed by the Aspen City Council. c. One (11 Director shall be appointed jointly by a majority of tho Board of County Corissioners and Aspen City Council. One appointmnt each by the Board of county Comøi..ioners and the Aspen City Council to the initial Board of Directors shall be for a one (iI year term. Thereafter,' all appointmnts ahall be for two year terlll. Said Directors shll be resldcntli of Pitkin County, provided that two (21 of said Directors shall also be residents of the City of Aspen. Further, said Directors shall not be .embers of the Bord of County Comissioners or the Aspen City Council, and they shal¡ not be e¡aloyees of any local housing authority. The i:iiti,il Board of Directors sball be: 1. 2. 3. 4. 5. Tbe Board shall cOlply ",ith the by-laWS of the lIou$inq Authority of Pitkin County adopted on February 24, 1975, ~f record at Boo~ 352 Paqo 693 of the records of the Pitkin County Clerk and Recorder.U83~ Th parties hereby adopt tho budact attached heruto for the p'riod bot"'ccn J~nudry 1 - Dcc~r 11, 1981. In oxpndinq t~e budact the lIous1n9 Director "¡¡hall Insofar aii prilctical, devote t.hc ti8C ~nd ~nies between tho City and County functions aii she",n on - J - I fl- , t f l ~ . i-t j !. t l~i