Presenter
Presented by Mr. Deasy
Title
Ordinance providing for the establishment of a Neighborhood Improvement District, in specific the Western Avenue Neighborhood Improvement District, to be administered by the Allegheny West Civic Council.
Body
WHEREAS, pursuant to the Pennsylvania Neighborhood Improvement District Act (Act 2000-130 or the "Act"), municipal corporations are authorized to designate residential areas as neighborhood improvement districts ("NID"s); and
WHEREAS, the property owners within the boundaries of the Western Avenue Neighborhood Improvement District ("WANID") support the establishment of a NID and the listed streetscape improvements as provided by the Final Plan which is attached to this Ordinance; and
WHEREAS, the Allegheny West Civil Council ("AWCC"), a nonprofit corporation that operates in the designated WANID boundaries, has formally indicated its interest to the City of Pittsburgh ("City") to become the designated Neighborhood Improvement District Management Association ("NIDMA") for the Western Avenue Neighborhood Improvement District ("WANID"); and
WHEREAS, the Act requires the City to notify all affected property owners and allow them time to comment upon the Preliminary Plan during an advertised public hearing and to revise the Final Plan accordingly if required and the City has complied with all timelines required for passage; and
WHEREAS, the property owners within the WANID were given an opportunity to file objections in writing with the clerk for the governing body of the City of Pittsburgh within forty-five (45) days of presentation of the Final Plan; and
WHEREAS, the clerk of the City of Pittsburgh received two objections to the Final Plan and has determined that such number is less than 40% of the property owners within the WANID proposed in the Final Plan who have filed objections either to the designation of AWCC as the NIDMA or to the Final Plan; and
WHEREAS, the Final Plan has therefore been satisfactorily approved by at least sixty percent of the affected property owners within the WANID and is attached hereto; and
WHEREAS, in the case of default in the payment of any installment and interest for a period of ninety (90) days after the payment becomes due, the Act allows the City to assess and enforce penalties as described in Section 2 within this Ordinance; and
WHEREAS, City Council is empowered by the Act to authorize an assessment based on the cost of funding the program on all benefited property owners within the NID.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Council of the City of Pittsburgh hereby establishes the Western Avenue Neighborhood Improvement District and enacts the WANID Final Plan (attached hereto as Exhibit 1 incorporated herein) to be in effect in the subject neighborhoods, as shown on the map attached as Exhibit A to the Final Plan, designates the Allegheny West Civil Council as the Neighborhood Improvement District Management Association and also authorizes the Mayor and the Finance Director to enter into an agreement with the Allegheny West Civic Council ("AWCC") detailing the respective duties and responsibilities of the City and the Allegheny West Civic Council.
Section 2. Claims to secure the assessments shall be entered in the Prothonotary's Office of Allegheny County at the same time and in the same manner of form and shall be collected in the same manner as municipal claims are filed and collected, except the following shall apply:
(a) In the case of default in the payment of any installment and interest for a period of ninety (90) days after the same shall become due, then the entire assessment, with accrued interest and penalties, shall become due and become a lien from the due date of the installment. Interest shall be calculated at the repayment rate of interest, not to exceed 10%, from the date of any default in payment on any installment due, plus an additional 10% shall be added to the amount due and payable for the costs incurred by the City in collection of the entire assessment amount.
(b) Any owner of property, against whom an assessment has been made, may pay the same in full, at any time, with the accrued interest and costs thereon, as specified in Section 2(1)(a) of the Final Plan and such payment shall discharge the lien of such assessment or installments then constituting a lien, and shall also release the claim to any later installments.
Section 3. The Agreement to be entered into between the Mayor and the Finance Director and the AWCC detailing the restrictive duties of the parties after creation of the WANID shall include an indemnity provision indicating that if any claim should arise alleging that the AWCC Board acts or has acted as an agent of the City, the AWCC Board agrees to indemnify, defend and hold the City harmless from all claims, judgments and costs arising out of actions taken by the AWCC Board in furtherance of the services and improvements described herein.
WANID FINAL PLAN
1) Map: Attached hereto as Exhibit "A".
2) Detailed Report from the Municipality:
i) Name: In accordance with the Act of December 20, 2000, P.L. 949, 73 P.S. §831 et seq., an Act of the Legislature of the Commonwealth of Pennsylvania known as the "Neighborhood Improvement District Act", the Western Avenue Neighborhood Improvement District (hereinafter "WANID") is herewith established.
ii) Service Area of the WANID: The boundaries of the WANID are set forth as follows:
All real properties that front on Western Avenue between the Brighton Road intersection and the Allegheny Avenue Intersection; All real properties that front on Galveston Avenue between the Dounton Way intersection and the Maolis Way intersection; And all real properties that front along the eastern half of Allegheny Avenue between the Dounton Way intersection and the Maolis Way intersection.
iii) List of Properties to be Assessed: Attached hereto as Exhibit "B".
iv) Improvements within the WANID and their Estimated Cost: Within the designated WANID, the following improvements (the "Project") shall be constructed at the estimated costs and budget as set forth in (v):
Demolition, Site Preparation & New Construction:
1) The removal of all existing sidewalk pavement, curbs, trees, signage to accommodate new improvements.
2) Provision of brick sidewalks with concrete underlayment and driveway aprons.
3) Provision of full depth concrete curbs and depressed curbs.
4) Replacement of existing curb storm inlets, with new inlets, with related connections.
5) Provision of handicapped accessible curb ramps and crosswalks.
6) Provision of driveway curb cuts (driveway aprons), replacing existing driveway aprons.
7) Installation of parking meters (provided by Pittsburgh Parking Authority).
8) Provision of street / traffic control signage (Parking, bus stop, speed limit, other) and footings.
9) Provision of custom brackets to mount parking meters and / or signage to ornamental light poles (where indicated).
10) Provision of line stripping of parallel parking and all crosswalks.
Landscaping, Lighting & Electrical Installation:
1) Provision of conduit and junction boxes to facilitate future PennDOT and City approved traffic arms (traffic arms to be designed and installed under a future contract).
2) Provision of street trees with grates.
3) Provision of planting beds, with curbed edge and plantings.
4) Provision of (Beech Avenue gas-style) electric ornamental light fixtures ornamental poles, with related underground wiring.
5) Provision of pendant mount (ornamental tear-drop cobra head) lights on ornamental poles, with related underground wiring.
Electrical Line Removal:
1) The removal of all utility service lines from Western Avenue and the relocation of them to Doughton Way and to Maoils Way respectively.
v) Proposed Budget for First Fiscal Year:
|
Demolition & Site Preparation, New Construction, Landscaping, Lighting & Electrical Installation |
$1,013,000.00 |
|
Electrical Line Removal |
$75,000.00 |
|
Architectural & Engineering Inspection |
$31,000.00 |
|
Personnel, Administration & Contingency |
$102,000.00 |
|
Total Estimated Costs of the Improvements |
$1,221,000.00 |
The "First Fiscal Year" will be hereinafter defined as the year commencing on the date the WANID receives total funding for the proposed improvements. However, the first fiscal year must commence by June 30, 2007 or the WANID will automatically terminate.
vi) Proposed Revenue Sources for Financing all Proposed Project Improvements: Currently, two funding sources are known and their respective amounts of funding are listed below. These funding sources are the Allegheny West Civic Council and the Urban Redevelopment Authority. The WANID plans to receive the estimated remainder of the funding from alternative resources such as state grants or private funding. The WANID must receive the estimated remainder of the funding before commencing any Project work. Absent receipt of all funding by June 30, 2007 (with work also commencing by said date) the WANID shall automatically terminate.
1) Sources:
(1) Allegheny West Civic Council Funding: The Allegheny West Civic Council shall advance one-third (1/3) of the total project cost or $407,000.00, not to exceed $450,000.00, to WANID, which shall be directly repaid by assessments. Said loan will have a term of three (3) years and an interest rate not to exceed 10%. The rate is currently estimated to be 7.5%. Terms of this funding as set forth on Exhibit "C-1" attached hereto.
|
Allegheny West Civic Council |
$407,000.00 |
(2) Urban Redevelopment Authority of Pittsburgh ("URA"): In addition to the funding from the Allegheny West Civic Council, the URA, upon receiving Board approval after the creation of the WANID, will supply up to $450,000.00 of the total Project improvement costs as set forth on the Letter attached hereto as Exhibit "C-2." As indicated in its Letter, the URA retains the right to revoke this grant in the event that all Project funds are not in place or the Project has not commenced by June 30, 2007.
|
URA / Main Streets Pittsburgh Public Space Improvements 2005 Funding Award |
$450,000.00 |
(2) Additional Funding: In addition to the listed funding from the Allegheny West Civil Council and the Urban Redevelopment Authority of Pittsburgh, the WANID will be responsible to secure the additional funding resources necessary for the remainder of the estimated costs of the proposed improvements. This funding may be from many potential sources, including but not limited to state grants or private funding. (In any event, this funding will not have to be repaid by the property owners via assessments.) This funding, however, must be secured by June 30, 2007.
2) Repayment: The total amount of repayment to the Allegheny West Civic Council is estimated to be $407,000.00 plus interest, not to exceed 10% and currently estimated to be 7.5%. This repayment amount, or 1/3 of the total construction costs plus interest, if the total construction costs are less than $1,221,00.00, shall be provided by an assessment of all benefited properties located within the WANID, as described in Section 2)ii) above. Said Assessments shall be levied in accordance with the requirements of the Commonwealth of Pennsylvania pursuant to the Neighborhood Improvement District Act referred to in Section 2)i) above. Specifically, the Allegheny West Civic Council loan referred to above in Section vi)1)(1), shall be repaid by the WANID in equal annual installments over a three year period.
(1) Payments to WANID Management Association from Benefited Property Owners: Benefited property owners may elect to pay the assessment in full upon determination of final costs, or extend the assessment period over three (3) years, paying their total assessment, plus interest of 10% in the following manner:
(a) Not less than one-third (1/3) of the total assessment amount within sixty (60) days of determination of the final costs of the Project and the balance in two equal annual installments, the first of which is due one (1) year after the initial assessment bill, plus interest of 10%. The last installment shall be due one (1) year from date of first annual installment. Property owners shall have the right to anticipate any payments hereunder. Said payment shall be applied to pay interest first and then principle amount remaining due.
vii) Estimated Time for Implementation and Completion of All Proposed Project Improvements, Programs and Services: The plan anticipates these improvements (set forth in (iv)) will be completed within one year after receipt of total funding for the Project improvements within the WANID listed in Section iv) above, including funding from the known sources and the sources as yet to be determined.
viii) The Administrative Body which Will Govern and Administer the NID: Pursuant to 73 P.S. §836(b)(2), the Allegheny West Civic Council has formerly indicated its interest in becoming the designated NIDMA as set forth in the letter attached hereto as Exhibit C-1. This group shall be designated as the WANID Management Association for purposes of governing and administering programs, improvements and services within the WANID in the City's Ordinance creating the NID unless 40% or more of the affected property owners within the proposed NID register their disapproval with this designation within 45 days of receipt of the Final Plan.
ix) Powers and Duties of and the Method for Making decisions by the NIDMA: The WANID Management Association will make decisions according to the bylaws of the Allegheny West Civic Council, which are attached hereto as Exhibit "D." In addition, the Allegheny West Merchants Association and the Allegheny West Civic Council shall jointly convene a District Advisory Council to additionally monitor and guide the WANID:
This District Advisory Council shall consist of five members that are property or business owners within the Neighborhood Improvement District who shall be appointed in a manner consistent with the bylaws of the Allegheny West Civic Council. The Board shall include two (2) members from the Allegheny West Civic Council and three (3) members of the Western Avenue Merchants Association.
x) Method of Determining the Assessment Fee to be Levied on Property Owners within the WANID under Section (vii): The amount of principle repayment for the Allegheny West Civic Council loan to be financed by the assessment of all benefited properties is estimated to be $ 407,000.00 plus interest, not to exceed 10% and which is currently estimated to be 7.5%. This amount shall be assessed on all properties within the WANID, in accordance with the following method of assessment:
1) By an assessment upon all benefited properties fronting the Western Avenue between the Brighton Road intersection as set forth in Section 2)ii); and all benefited properties along Galveston Avenue between the Dounton Way intersection and Maolis Way intersection as set forth in Section 2)ii); and all benefited properties along the eastern half of Allegheny Avenue between the Dounton Way intersection and the Maolis Way intersection as set forth in Section 2)ii). Said assessment shall be established by the front-foot method of assessment determined by multiplying total lineal footage of actual improvements to the frontages of all benefited properties in the WANID by the assessed amount per linear foot as set forth below. The frontage corner properties shall not include the curb radius measurement, but shall include the length of property fronting on any or all of Western Avenue, Galveston Avenue, and Allegheny Avenue. The assessed amount shall not exceed $125 per linear foot and the assessed amount shall be proportionately reduced if construction costs are below the budgeted amount specified in Section 2)v).
3) Additions to Plan
i) Specific Duties and Responsibilities of Both the WANID Management Association and the City of Pittsburgh with respect to the WANID
1) The WANID Management Association shall:
(1) Attain funding for the remainder of the total estimated costs. These funds are necessary to commence the proposed improvements and therefore, the continuation of the WANID is contingent upon attaining this funding.
(2) Execute all project contracts, such as construction contracts, which will govern the improvements set forth in Section 2)iv) above.
(3) Oversee completion of project, including but not limited to construction and any improvements set forth in Section 2)iv) above.
(4) Send invoices to all owners of property listed in Section 2)iii) above that are located within the WANID.
(5) Send notices of both delinquencies and requests for lien removal to City.
(6) Collect revenues pursuant to section 2)vi) above.
(7) Submit annual audits:
(a) Submit an audit of all income and expenditures to the Department of Community and Economic Development and the City of Pittsburgh Department of Finance within one hundred twenty (120) days after the end of the fiscal year; and
(b) Submit a report, including financial and programmatic information including a summary of audit findings, to the City of Pittsburgh Department of Finance and to all assessed property owners located within the WANID.
(8) Dedicate and convey all of the Project improvements set forth in Section 2)iv) above to the City of Pittsburgh upon acceptance by City.
2) The City of Pittsburgh shall:
(1) File liens:
(a) Claims to secure the assessments shall be entered in the Prothonotary's Office of Allegheny County
(b) Bills for lien costs shall be sent to the WANID.
(2) Approve the Project Improvement plans for the WANID, including but not limited to the plans for all Project improvements set forth in Section 2)iv above.
(3) Inspect all improvements set forth in Section 2)iv) above after completion thereof.
(4) Accept all improvements set forth in Section 2)iv) above as part of the infrastructure of the City of Pittsburgh upon completion of those improvements to City specifications.
ii) Require a Written Agreement be signed by the City and describing in detail their respective duties and responsibilities: Within ninety (90) days of the passing of the Ordinance creating the WANID, the WANID and City shall enter into a written agreement (the "Agreement") describing in detail the respective duties and responsibilities of the City and the WANID Management Association set forth in Section 3)i) and otherwise herein.
iii) Tax Exempt Properties: Tax-exempt property owners located within the WANID may, and are encouraged to, provide in-kind services or a financial contribution to the WANID Management Association, if not assessed, in lieu of a property assessment fee.
iv) Municipal Programs and Services: For the Agreement referred to in Section 3)ii herein, it is acknowledged that the Agreement shall require the City to maintain the same level of municipal programs and services provided within the WANID before WANID designation as after WANID designation, to the extent that municipal programs and services directly relate to this plan.
v) Sunset Provision: The City has the right to include in the agreement with the WANID Management Association and in the enabling ordinance establishing the WANID a sunset provision of no less than five (5) years for renewal of the agreement. Rather than including a sunset provision per se, the parties have agreed that the City's Ordinance will automatically terminate after three (3) years or after all owners of property, against whom assessments have been made, have paid in full, whichever is sooner. In addition, the parties have agreed that if the WANID does not secure the necessary total funding, including funding from the listed sources and the funding from the additional sources totaling the estimated costs of the proposed improvements, the agreement will automatically terminate on June 30, 2007.
vi) Collection of All Property Assessment Fees: Although it is understood that NIDA permits the WANID to designate that the City will be responsible for the collection of all property assessment fees levied within the WANID if so desired by the WANID Management Association, both parties agree that WANID plans to do all billing for the assessments and to collect property assessment fees according to the following:
1) WANID ACCOUNT: The WANID Management Association is hereby authorized and directed to create and establish an account (i.e. "lock-box") with an approved financial institution for the WANID project. Any and all appropriate funds referred to in Section 2)vi) of this Plan shall be deposited into said lock-box.
vii) Defeating the Establishment of WANID: A negative vote of at least forty percent (40%) of the property owners within the WANID proposed in the final plan will be required to defeat the establishment of the WANID by filing objections with the clerk for the governing body of the City of Pittsburgh within forty-five (45) days of presentation of the final plan where the City of Pittsburgh is inclined to establish the WANID.
Exhibit "A": Map indicating boundaries, by street, of the WANID
Exhibit "B": List of all Properties to be Assessed
Exhibit "C-1" Commitment Letter of Allegheny West Civic Council and Request to be Designated as the NIDMA
Exhibit "C-2": Commitment of the URA
Exhibit "D": Bylaws of Allegheny West Civic Council
ALLEGHENY WEST CIVIC COUNCIL
CONSTITUTION and BYLAWS
In Order to improve effectiveness and to meet the needs of the Allegheny West neighborhood, the Constitution of the Allegheny West Civic Council is hereby amended by replacing Articles I through X with the following Articles I through XI.
In addition, an election will be held at the April 1984 annual meeting of the Allegheny West Civic Council to elect officers and standing committee chairmen as specified in the amended Constitution. Those individuals who are elected at that meeting will serve until December 31, 1984. This term of office shall be considered a partial term of office and shall not be included in the limit of two terms in succession set down by Article V, Section 2. Officers and standing committee chairmen to serve from January 1, 1985 to December 31, 1985 will be elected at the November 1984 Civic Council meeting. Dues for 1984 will remain at $3.00.
ARTICLE I. NAME
The name of the organization shall be the Allegheny West Civic Council.
ARTICLE II. AREA
The Council shall represent the following geographical area in the 22 Ward of the City of Pittsburgh, Pennsylvania. Starting at the intersection of Allegheny Avenue and Ridge Avenue along Allegheny Avenue to the intersection of Allegheny Avenue and Pennsylvania Avenue; along Pennsylvania Avenue to the Pennsylvania Railroad tracks; following the tracks to the intersection of West North Avenue and Brighton Road; along Brighton Road to the intersection of Brighton Road and Ridge Avenue; along Ridge Avenue to the intersection of Ridge Avenue and Bank Street; along Bank Street to the intersection of Bank Street and Marburg Street; south along Marburg Street until it intersects with the extension of Brighton Road; along the extension of Brighton Road until it intersects with the ridge line; along the ridge until it intersects with the extension of Allegheny Avenue; along Allegheny Avenue to the point of origin.
ARTICLE III. PURPOSE
The purpose of the Council is to improve to improve the social and economic climate of the community by:
1. Publicizing the needs and goals of the community;
2. Assuring that vital services, programs, and resources are made available to the community;
3. Providing a forum for discussion of issues affecting the community;
4. Serving as a means of representation for residents, property owners, businesses and organizations in the neighborhood in dealing with city, county, state, and national governments, and other organizations and institutions which have an impact on the community.
In performing its function the Council will receive and administer funds exclusively for scientific, educational, and charitable purposes.
ARTICLE IV. MEMBERSHIP
1. A member in good standing is a person or organization who
Break1
the following two classifications: Individual or Group.
A. Individual membership: Any individual of legal voting a (18) or over, who is a resident and/or property owner in the neighborhood within the area defined by Article II, or is the sole proprietor of a business in the neighborhood, or who is a business partner in the neighborhood. No more than three partners from the same business may be eligible for membership.
B. Group membership: Group memberships may include all recognized organizations in the neighborhood, who are of an educational, social, civic, religious, business, or fraternal nature; and organizations owning property within the neighborhood. Each group member has the privilege of sending to the Council one delegate with voting power certified by the group member. No delegate shall be allowed to represent two or more group members concurrently. In the unavoidable absence of a delegate, a group member may have the privilege of sending an alternate. If the representative of a group member is also an individual member, he or she may only have one vote.
2. Associate membership. Also eligible for individual or group membership are any person, organization or business establishment, located in close proximity to our border, but not within the boundary of Allgheny West set forth in Article II, whose activities would be more closely aligned with those of Allegheny West than to the neighborhood in which they are geographically located. Also eligible would be public official, and representatives of organizations whose activities could affect the welfare of our area. All associate members would require the approval of the Executive Committee. An associate member will have all the rights and privileges of an individual or group member, including the right to te.
ARTICLE V. OFFICERS AND ELECTIONS
1. The officers of the Council shall be President, Vice-President, Treasurer, Recording Secretary, Corresponding Secretary, and Sergeant-at-Arms.
2. Officers and Standing Committee Chairmen (se Article VII) shall be elected at the November annual meeting for a term of one year beginning on January 1 following their election. No officer or chairman shall be eligible to serve in any one office for more than two full terms in succession. Any partial term shall not be considered as a full term.
3. Nominations shall be made by a Nominating Committee of five members, to be elected at the Annual Meeting to serve for one year. This committee shall present a single slate of candidates for the position of officers and standing committee chairmen (see Article VIII) at least one month preceding the annual meeting. Prior agreement and consent to serve in the indicated position if elected shall have been obtained by the Nominating Committee from all persons whose names are submitted. Nominations from the floor may be made, provided that consent and agreement to serve if elected have been obtained prior to or during the meeting.
4. A vacancy occurring in an office before the time of regular elections shall be filled after thirty days notice of such an election to the membership. Election shall proceed by nomination from the floor.
5. Only members in good standing shall be eligible to vote. Only individual members in good standing shall be eligible to become officers or standing committee chairmen in the Council.
6. Voting for officers shall be by secret ballot, except that if there be only one nomination for any office at the close of nominations, voting for that office may be by acclamation.
ARTICLE VI. DUTIES OF OFFICERS
1. The President shall preside at all meetings of the Council and the Executive Committee, and shall be ex-officio member of all committees except the Nominating Committee. He shall appoint special committees, and shall perform all other duties usually pertaining to the office. The President will prepare an annual budget for presentation to the January meeting. The budget must be approved by a majority of the members present at a regular or special membership meeting.
2. The Vice-President shall perform the duties of the President in the absence or inability of that officer to act, and shall assist the President when called upon.
3. The Treasurer shall be responsible for the collection and disbursement of all moneys of the Council, and the payment of all bills, and shall submit a monthly financial statement. His or her records shall be subject to an annual audit. No bills which are not line items in the approved budget for the fiscal year shall be paid without the approval of a majority present at a regular or special membership meeting.
4. The Recording Secretary shall keep a record of all meetings of the Council and the Executive Committee.
5. The Corresponding Secretary shall take care of all correspondence pertaining to the business of the Council.
6. It shall be the duty of the Sergeant-at-Arms to maintain order at the direction of the President. He or she shall be responsible for greeting and seating all guests, and shall insure that all in attendance at regular meetings register their names on the attendance form, and shall establish the presence of a quorum as defined in Article VIII, Section 6.
ARTICLE VII. COMMITTEES
1. The standing committees of the Council are Housing and Planning, Membership, Ways and Means, and Friends of Allegheny West.
2. The Executive Committee shall consist of the officers of the Council and the standing committee chairmen. The President of the previous year's term of office shall be a non-voting member of the committee in an advisory capacity. This committee shall meet at least once a month.
3. The Housing and Planning Committee shall be responsible for the physical planning and housing conditions in Allegheny West. It should be as representative as possible of residential, business, and institutional sectors of the community.
4. The Membership Committee shall be responsible for adding new members to the roll and for maintaining present membership. It is also responsible for maintaining contact with all residents of Allegheny West, both members and non-members of the Civic Council, to keep them informed of neighborhood and Council activities.
The Membership Committee shall be responsible for the monthly publication of the Allegheny West Gazette which shall be distributed throughout Allegheny West.
5. The Ways and Means Committee shall be responsible for all fund raising activities of the Council.
6. The Friends of Allegheny West Committee shall be concerned with bringing to the Council support and services from individuals, from both within and outside of Allegheny West, who are concerned with the human and physical development within the neighborhood.
7. Standing committee chairmen shall select from between two and ten members for their committees within 45 days following their election. No member of the Council may chair more than one standing committee at a time. No officer may chair any standing committee.
8. Additional committees, as needed to carry out the business of the Council, may be appointed by the President. Appointed committee chairmen are not members of the Executive Committee, but may be asked to attend Executive Committee meetings at the discretion of the President.
ARTICLE VIII. DUES AND MEETINGS
1. Council shall hold regular meetings the second Tuesday of every month.
2. Special meetings may be called by the President, or upon petition of fifteen members to the President, provided also that ten days written notice is given to the membership.
3. The Annual Meeting of the Council shall be held in November, and shall count as the regular meeting for that month.
4. Each individual member and designated group member in good standing at the time of voting shall be entitled to one vote, a carrying vote being one over half of those present and eligible to vote.
5. Dues for the following year shall be voted upon by the membership at the November annual meeting. Dues shall be paid in January or voting privileges shall be revoked. Members paying dues after January shall receive voting privileges thirty (30) days after payment of dues. Fiscal year shall begin January 1 and end December 31. Any member joining after the September meeting shall be considered a member in good standing for the present and next fiscal year.
6. A quorum consisting of one more than two-thirds of the average number of members present at the previous three meetings will be required to transact business other than adjournment at a membership meeting.
ARTICLE IX. REMOVAL FROM OFFICE OF OFFICERS
AND STANDING COMMITTEE CHAIRMEN
An officer or standing committee chairman may be impeached and removed from office by a two-thirds vote of those members in attendance at two successive membership meetings. Any other committee chairman may be removed by vote of the majority of the Executive Committee.
ARTICLE X. RULES OF ORDER
Sturgis Rules of Order shall be used in conducting all business of the Council, and in deciding any questions not otherwise provided for herein.
ARTICLE XI. BY-LAWS
Amendments and additions to this constitution may be adopted upon presentation in writing of the proposed change at one regular meeting, and the publication in the Allegheny West Gazette, and a two-thirds vote concurring at the next regular meeting.
Procedures for the conduct of elections
1. The Sergeant-at-Arms is responsible for the orderly operation of the election process whenever a secret ballot is required for a Civic Council election.
2. The Membership Chairman will provide an up-to-date list of members in good standing to the Sergeant-at-Arms at each meeting.
3. Unless a conflict of interest exists with the issue at hand, the Sergeant-at-Arms will act as Chief Judge of Election. Otherwise, the presiding officer will select a Chief Judge of Election.
4. The presiding officer will select no fewer that two Assistant Judges of Election.
5. The Judges of Election will provide an official ballot to each member in good standing whose name appears on the sign-up sheet for the current meeting.
6. The Judges of Election will collect, count, recount and certify the election to the presiding officer who will announce the results.
7. Ballots and associated election materials will be retained by the Chief Judge of Election until the adjournment of the next regularly scheduled Civic Council meeting. If, by that time, there are no requests for preservation of the ballots, they may be destroyed. Otherwise, the ballots and associated election material will be turned over to the Recording Secretary for storage.
8. A two-thirds vote of members voting will be required to override these provisions at a meeting.
Presented 12/9/2004, voted upon 1/13/2004
Article VI: Duties and Officers, Section 4: to read (italicized addition)
The Recording Secretary shall keep a record of all meetings of the Council and the Executive Committee. The Recording Secretary will provide three copies of each record, one for the President, one for the Corresponding Secretary, and one for the Treasurer within ten days of the meeting at which said record was presented and approved by the membership or Executive Committee, as appropriate.