Chapter 2.30
EAST LEWIS COUNTY PUBLIC DEVELOPMENT AUTHORITY
Sections:
2.30.010 Created - County liability limited.
2.30.060 Effect of issuance of charter.
2.30.080 Organizational meeting.
2.30.010 Created - County liability limited.
(1) As authorized under RCW 35.21.730 through 35.21.755, a public authority is hereby created, with powers and limitations as set forth in its charter and this chapter, to undertake, assist with and otherwise facilitate, promote, or provide for small business and light industrial development, and to perform any other function specified in this chapter and the charter of the authority.
(2) County Liability Limited. The authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the authority shall be satisfied exclusively from the assets and credit of the authority; no creditor or other person shall have any recourse to the assets, credit, or services of the county on account of any debts, obligations, liabilities, acts or omissions of the authority. [Ord. 1157, 1998; Ord. 1149 § 1, 1996]
2.30.020 Name.
The name of the public authority shall be the East Lewis County Public Development Authority. [[Ord. 1157, 1998; Ord. 1149 § 2, 1996]
2.30.030 Definitions.
As used herein, the term:
(1) “Board of directors” or “board” means the governing body vested with the management of the affairs of the public authority.
(2) “Bylaws” means the rules adopted for the regulation or management of the affairs of the public authority and all subsequent amendments thereto.
(3) “Charter” means the articles of organization of the public authority adopted by this chapter and all subsequent amendments thereto.
(4) “Clerk” means the clerk of Lewis County or a person authorized to act on his or her behalf; and in the event of reorganization of the office of clerk, the successor official performing such duties or a person authorized to act on his or her behalf.
(5) “Commissioners” means the board of commissioners of Lewis County.
(6) “County” means Lewis County.
(7) “Director” means a member of the board.
(8) “Public authority” or “authority” means the authority created under this chapter.
(9) “Resolution” means an action of the board with the quorum required in Article VI, Section 6.04 of the charter.
(10) “State” (when used as a noun) means the state of Washington. [Ord. 1157, 1998; Ord. 1149 § 3, 1996]
2.30.040 Powers - Generally.
Except as limited by the state Constitution, state statute, this chapter, or the charter of the public authority, the public authority shall have and may exercise all lawful powers necessary or convenient to effect the purpose for which the public authority is organized and to perform authorized corporate functions, as provided in its charter. [Ord. 1157, 1998; Ord. 1149 § 4, 1996]
2.30.050 Charter.
The charter of the authority, Exhibit A to the ordinance codified in this chapter, is hereby approved. The charter shall be issued in duplicate originals, each bearing the county seal attested by the county clerk. One original shall be filed with the county clerk; a duplicate original shall be provided to the authority. The charter shall be amended only by county ordinance adopted by a majority of the board of commissioners at or after a public hearing held with notice to the public authority and authority directors and affording them a reasonable opportunity to be heard and present testimony. [Ord. 1157, 1998; Ord. 1149 § 5, 1996]
2.30.060 Effect of issuance of charter.
The public authority shall commence its existence upon issuance of its charter. Except as against the state or the county in a procedure to cancel or revoke the charter, delivery of a duplicate original charter shall conclusively establish that the public authority has been established in compliance with the procedures of this chapter. [Ord. 1157, 1998; Ord. 1149 § 6, 1996]
2.30.070 Board of directors.
A board of directors (“the board of directors”) is hereby established to govern the affairs of the public authority. The initial board shall be composed of five members. The board may be increased to nine members by board resolution as provided in the charter. The board may nominate replacement members to the board but the county retains the power of confirmation. The directors shall be appointed and serve their terms as provided in the charter. All corporate powers of the public authority shall be exercised by or under the authority of the board of directors, and the business, property and affairs of the authority shall be managed under the supervision of the board of directors, except as may be provided by law or in the charter. [Ord. 1157, 1998; Ord. 1149 § 7, 1996]
2.30.080 Organizational meeting.
Within 10 days after issuance of the charter, the county commissioners or their designee shall call an organizational meeting of the initial board of directors, giving at least three days advance written notice to each, unless waived in writing. At such meeting, the board shall organize itself, may appoint officers, and select the place of business. [Ord. 1157, 1998; Ord. 1149 § 8, 1996]
2.30.090 Quorum.
At all meetings of the board of directors, a majority of the board of directors then in office shall constitute a quorum. [Ord. 1157, 1998; Ord. 1149 § 9, 1996]
2.30.100 Dissolution.
(1) If the board of county commissioners make an affirmative finding that dissolution is warranted for any reason, the existence of the public authority may be terminated by ordinance adopted by a majority of the county commissioners at or after a public hearing, held with notice to the public authority and authority directors and affording them a reasonable opportunity to be heard and present testimony. Dissolution shall be accomplished as provided in the charter, and shall not take effect until proper provision has been made for disposition of all authority assets.
(2) Upon satisfactory completion of dissolution proceedings, the county clerk shall indicate such dissolution by inscription of “charter canceled” on the original charter of the public authority, on file with the county and, when available, on the duplicate original of the public authority, and the existence of the public authority shall cease. The county clerk shall give notice thereof pursuant to state law and to other persons requested by the public authority in its dissolution statement.
(3) Upon dissolution of the authority or the winding up of its affairs, title to all remaining assets or property of the authority shall vest in the county unless the county commissioners or trustee or court has provided for the transfer of any authority rights, assets or property to a qualified entity or entities which will fulfill the purposes for which the authority was chartered. [Ord. 1157, 1998; Ord. 1149 § 10, 1996]
2.30.110 Construction.
The charter shall be liberally construed so as to effectuate its purposes and the purposes of RCW 35.21.730 to 35.21.755. [Ord. 1157, 1998; Ord. 1149 § 11, 1996]