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Section 1: Name of Organization:
The
name of the organization shall be the MESA PARK NEIGHBORHOOD ASSOCIATION,
formerly known as "Mesa Park Civic Association." The organization
shall function and operate as a non-profit organization, and hereinafter
be referred to as the Association.
Section
2: Purpose of the Association
The
purpose of the association is to seek to improve the quality of
life in the neighborhood in such matters as land use, environmental
protection, public services, consumer protection, and other matters
of neighborhood concern.
1.
Inform residents of Mesa Park about issues of general concern to
the neighborhood through newsletters, association meetings, and
other means.
2. Promote community safety through the neighborhood watch program,
the dissemination of information, education and other means.
3. Promote a sense of community through neighborhood activities.
4. Protect and improve Schroeter Park by organizing park clean up
days, cooperate with city departments, and notifying police of suspicious
activities.
5. Encourage the enhancement of property value and esthetics in
the neighborhood.
6. Represent the interests of the neighborhood to relevant governmental
and civic agencies.
Section
1: Membership Qualifications
1.
Membership in the Association shall be open to all residents and
property owners 18 years of age and older within the boundaries
of the Mesa Park neighborhood.
2. Honorary membership may be awarded to persons who have performed
services that tend to further the purpose of the Association. The
election of honorary membership shall be by majority vote of the
membership. Honorary members shall have no vote.
Section 2: Membership Voting
1.
Members of the Association present at any meeting shall be entitled
to one vote on each matter submitted to a vote of the membership.
2. A quorum shall be necessary for the transaction of Association
business. A Quorum be constituted of at least ten members.
3. An affirmative vote of more than fifty percent (50%) of the members
constituting a quorum shall be binding on the Association.
4. To be eligible to vote for Association officers, an individual
must be a member in the Association.
Section
3: Membership Lists
The
membership list and information gathered by the Association is to
be used solely for conducting Association business. This information
will not be released or sold to individuals or organizations for
other uses.
Section 1: Income
The
Association charges no dues or membership fees; however, voluntary
contributions are accepted. Activities to raise funds for Association
use may be held if appropriate.
Section 2: Expenditures
1. The fiscal year of the association shall run from January 1st
to December 31st.
2. The board of directors shall adopt a budget by the end of January
describing the planned expenditures and projected income for the
fiscal year.
3. The budget shall be published in the first newsletter distributed
after adoption of the budget.
4. The board of directors shall accept comments and suggestions
from the general membership for alteration of the budget, but the
final decision with respect to the budget is the sole province of
the board of directors.
5. The approval of the budget by the Board authorizes expenditures
described in the budget.
6. The board of directors may alter the budget at any time during
the calendar year by majority vote of a quorum of board members.
7. Expenditures not included in the budget may be approved by majority
vote of a quorum of board members.
8. Any donation received for which the donor has specified a particular
use, shall be used for the specified purpose or returned to the
donor. Such donations may be accepted or rejected at the discretion
of the President of the Association unless overruled by a majority
of the members of the Board of directors.
ARTICLE
IV: MEMBERSHIP MEETINGS
Section 1: General Membership Meetings
Meetings
of the general membership shall be held a minimum of quarterly,
and a maximum of once a month, as called by the President of the
Association, and/or the Board of Directors.
Section
2: Board Meetings
Meetings
of the Board shall be held at least quarterly.
Section
3: Member Privileges
The
privilege of holding office, introducing motions, participating
in floor debate, and voting shall be limited to members of the Association.
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ARTICLE
V: BOARD OF DIRECTORS
Section 1: Number of Directors
The
Board of Directors shall consist of no less than three members-at-large,
in addition to the officers set forth in this Article.
Section
2: Terms of Office
Board
member-at-large #1 shall serve a one year term. All other directors
shall serve for two year terms that shall be staggered in such a
way that approximately half of the Directors are elected annually
at the fall membership meeting.
Section
3: Eligibility for Board Service:
Only
persons eligible for Association membership shall be qualified to
hold an elected or appointed position.
Section
4: Duties of the Board
The
Board shall manage the affairs of the Association in the interim
between general meetings. The board shall be accountable to the
membership; shall seek the views of those affected by any proposed
policies or reactions before adopting any recommendation on behalf
of the Association; shall strictly comply with these bylaws.
Section
5: Election of Board Members
Board
members shall be elected annually by a vote of the membership at
its annual meeting. The names of all candidates for the board shall
be placed in nomination. Election requires a majority vote of the
membership present.
Section 6: Board Vacancies
The
board may fill any vacancy on the board or a committee by majority
vote of the board in cases involving absences by a board or committee
member from three (3) consecutive meetings. A member appointed to
fill a vacancy shall serve the remainder of the unexpired term and
until his/here successor is elected or appointed.
Section
7: Duties of the Board Members
1. President
The President shall prepare the agendas for all general meetings
and for board meetings, preside at general meetings and at Board
meetings, be an ex-officio member of all committees, and authorize
all expenditures of Association moneys. The president shall appoint
members of committees not elected, subject to approval by a majority
of the board. The President shall authorize all statements made
on behalf of the Association.
2. Vice-president
The Vice-president shall fulfill the duties of the President in
the President's absence, shall serve as parliamentarian of the
Association, and shall perform other duties delegated by the President.
3. Secretary
The secretary shall keep minutes and written records of majority
and minority opinions expressed at all meetings; shall keep a
file copy of all public correspondence of the Association; shall
make records of the Association available for inspection for any
proper purpose at any reasonable time.
4. Treasurer
The Treasurer shall be responsible for Association moneys, including
receipts for newsletter advertising, donations, receipts from
fund raising activities, and payment of Association expenses.
The Treasurer shall keep an accurate record of receipts and expenditures,
shall maintain accounts of the Association, shall notify the president
of all expenditures from Association accounts, and report the
status of all accounts at general meetings.
5. Board Members-at-Large and Committee Chairpersons
Chairpersons of committees shall inform the board and Association
of all activities of their respective committees.
Section
8: Board Meetings
The
board shall meet at least seven days prior to any general or special
membership meeting and at any other time the chairperson may designate.
These meetings shall be open session; however, only board members
shall be entitled to vote. A quorum for board meetings shall be
the number of board members in attendance; decisions shall be made
by majority vote. Directors shall be notified of board meetings
in writing or by telephone in advance. A majority of board members
by signed petition, may call a board, general or special meeting.
Section
9: Emergency Powers of the Board
In such cases where the board is required to provide neighborhood
response before the question is presented to the membership, the board
must indicate to the questioner that this is the case, and shall present
the action taken at a special or general meeting within thirty days,
or within a reasonable time for ratification by the membership where
circumstances dictate.
Section
10: Termination for Nonattendance
Any officer may be removed from office for cause at any meeting by
two-thirds of the board members, providing that notice has been furnished
to the officer and all other board members at least two weeks before
said meeting.
The board shall establish both standing and ad hoc committees as it
deems necessary. Committees shall make recommendations to the board
for board actions. Committees shall not have the power to act on behalf
of the organization without specific authorization from the board.
ARTICLE
VII: CONFLICT OF INTEREST
Section
1: Definition
A conflict
of interest exists for a member or a board member whenever the member
or board member holds a personal financial interest which will be
impacted by the action or inaction by the Association on a proposal
before the membership or board. A personal financial interest shall
include a financial interest held by the member or board member
and/or by members or their immediate family. A personal financial
interest includes an ownership interest above five percent of a
business which will be impacted by the decision of the Association.
Examples of personal financial interest would include: employment
by the Association; ownership of property the use or control of
which is being considered by the Association; or plans to purchase
property the use or control of which is under discussion by the
Association.
Section
2: Declaring the Conflict of Interest
Whenever a member or board member determines that they have a conflict
of interest relating to an item under discussion, they must inform
the body (membership and board) hearing the proposal that the conflict
of interest exists.
Section 3: Abstention from Voting
Members or board members shall not vote on matters in which they have
a conflict of interest.
ARTICLE
VIII: GRIEVANCE PROCEDURES
Section
1: Eligibility to Grieve
A person
or group adversely affected by a decision or policy of the Association
may submit in writing a complaint to any member of the Grievance
Committee.
Section
2: Complaint Receipt
Within
seven days of receipt of the complaint, the committee shall arrange
with the petitioner a mutually acceptable place, day, and hour for
a review of the complaint. Within thirty days of that meeting, the
committee shall submit to the board a written recommendation for
resolving the complaint.
Section
3: Final Resolution
The committee shall attempt to resolve the complaint and shall submit
a report of their recommendation and/or action to the petitioner board,
and membership. If the committee, board, and petitioner cannot reach
agreement, final resolution of the complaint shall be by vote of a
majority of the membership at a general or special meeting.
ARTICLE
IX: PROCEDURE FOR CONSIDERATION OF PROPOSALS
Section
1: Submission of Proposals
Any
person or group, inside or outside the boundaries of the ASSOCIATION
and any city agency may propose in writing items for the consideration
and/or recommendation to the board. The board shall decide whether
proposed items will appear on the agenda of either the board, standing
committee, special committee, general meeting, or special meeting.
Section
2: Notification
The
proponent and members directly affected by such proposals shall
be notified in writing, at least seven days in advance, of the place,
day, and hour that the proposal will be reviewed.
Section
3: Attendance
The
proponent may attend this meeting to make a presentation and answer
questions concerning the proposal.
Section
4: Dissemination
The
Association shall submit recommendations and dissenting views as
recorded from the meeting to the proponent and other appropriate
parties.
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The boundaries of the Mesa Park neighborhood are:
1.
Duval road on the north
2. the fourth house south of Wind River on the south
3. US 183 (Research Blvd) on the west
4. the property behind Red Cloud Drive known as The Quarries to
the railroad tracks on the east.
ARTICLE
XI: PUBLIC MEETINGS AND PUBLIC RECORDS
The
Association shall abide by all Texas Statutes relative to public
meetings and public records. Official action taken by the Association
must be on record or part of the minutes of each meeting. The minutes
shall include a record of attendance and the results of any vote
taken. A summary of dissenting views should be transmitted along
with any recommendations made by the Association to the city.
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ARTICLE
XII: NON-DISCRIMINATION
The
Association shall not discriminate against individuals or groups
on the basis of race, religion, color, sex, sexual orientation,
age, disability, national origin, income, or political affiliation
in any of its policies, recommendations or actions.
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ARTICLE
XIII: ADOPTION AND AMENDMENT OF BYLAWS
All
amendments to these bylaws must be proposed in writing and submitted
to members at least seven days before voting on their adoption may
proceed. Notice of proposal to amend the bylaws, specifying the date,
time, and place for consideration of the proposal, must be provided
to all members at least seven days before voting. Adoption of and
amendments to these bylaws shall require a two-thirds vote by the
members present at the general meeting.
Upon
the dissolution of the Association, no class of member shall have
any right nor shall receive any assets of the Association. The assets
of the Association are permanently dedicated to a tax-exempt propose.
In the event of dissolution, the assets of the Association will
be delivered to a succeeding tax-exempt neighborhood organization
recognized by the City of Austin, Texas. Otherwise, the assets will
be distributed to an organization that is tax-exempt under the provisions
of Section 501(c)(3) or (501(c)(4))of the Internal Revenue Code
of the United States.
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These
sections were moved to this appendix as a temporary measure until
the committees described create a mission statement and set of procedures
for conducting the business for which they were created. This appendix
is not part of the by- laws but provides a means for the Association
to list the committees which it has authorized.
Section
1: Mesa Park Neighborhood Watch
Mesa
Park subdivision is divided into four sections containing a total
of fifty-eight neighborhood watch groups. If the neighborhood needs
to be notified rapidly, the section leaders will be notified by
the President of the Association. The section leaders will, in turn,
call each of the watch group captains in their respective sections.
The watch group captains will notify each household in their watch
group.
Each
neighborhood watch captain will be responsible for informing the
Association President of any incident in their area, setting up
training meetings with the Austin Police Department, and informing
each home in their watch group as appropriate. They will help keep
the watch group informed and follow guidelines set up by the police
department.
Section
2: Park Committee
The
Park Committee shall consist of the Park Committee Chairperson,
the President of the Association, and other members of the Association
who are interested in keeping the park clean and safe. The Park
Committee Chairperson will be the liaison person between the Association
and the Parks and Recreation Department of Austin, Texas. Any problems
or concerns regarding Schroeter Park should be reported to the Park
Committee Chairperson.
Section
3: Others
1. Establish standing committees along with rules and procedures
for those committees.
2. Establish rules for conducting general meetings. Doing so may
avoid unpleasant situations where persons feel they have been ignored
or mistreated.
Considerations:
Standing rules for meetings and committees should not be part of
the bylaws. They could not be altered in a reasonable amount of
time to react to a changing situation.
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APPENDIX
B: HISTORY OF BYLAWS
First
Version
The
first draft of the bylaws was base on the previous set of bylaws
for the association that were used before the association became
inactive and the model bylaws distributed by the City Planning Commission
Neighborhood Empowerment Subcommittee. The draft was written over
a period beginning July 18, 1995 and ending November 8, 1995. The
bylaws were then approved by the membership at a general meeting
on September 29, 1995.
Version
2
The
following change was adopted at the general meeting on September
24, 1996. ARTICLE V: BOARD OF DIRECTORS, Section 2: Terms of Office
was changed to have Board member-at-large #1 serve a one year term.
Version
3
The
following changes were adopted at the meeting of March 25, 1997:
1.
Article X: Boundaries
The western boundary was change from Angus Drive to US 183.
1.
A new section (Section 3) was added to Article II Membership restricting
the use of Association membership lists for Association business
only.
Version
4
The
following changes were adopted at the meeting of February 25, 1998:
1.
Article II, Section 2, item 4.
The requirement that a member of the association have attended two
general meetings to be eligible to vote were dropped. The words
", and have attended two general meetings, effective second
meeting of attendance." were struck from the previous version.
2. Article IV, Section 7, item1
The wording of the section was changed to make it clear that the
only president has the authority to call a general meeting and set
the agenda for such a meeting. In the first sentence, the word "all"
was inserted before "general meetings".
3. Article XIV
Add a second IRS class of tax-exempt organization to which the assets
of the association may be delivered if the association is dissolved.
The words "or (501(c)(4))" were inserted after "(501(c)(3))".
Version
5
The
following changes were adopted at the meeting of April 30, 2002
1. Article III
The
article was expanded to describe the management of income and
expenditures.
2.
Article IV
Fiscal
year specification moved to Article III.
3.
Article V
A
small number of words were changed to make the duties and authorities
of the President and Secretary more precise.
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