[HISTORY: Adopted by the Borough Council of the Borough of
Columbia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-14-2011 by Ord. No. 811]
Pursuant to this article, the Borough of Columbia signifies
its intention to designate a not-for-profit trust to be responsible
for the operation, management, promotion, and preservation of the
Columbia Historic Market House, as a public market, pursuant to the
terms of a lease and management agreement to be negotiated with the
not-for-profit entity and approved by the Borough Council of the Borough
of Columbia (hereafter "Management Agreement").
The name of the not-for-profit trust shall be the "Columbia
Historic Market House Trust."
A.
The Columbia Historic Market House, hereinafter "Market," shall include
the market building, the grounds surrounding the perimeter of the
market building, and any property heretofore acquired by the Columbia
Historic Market House Trust.
B.
The Columbia Historic Market House Trust, hereinafter "Trust," shall
exist for the purpose of assuming day-to-day management responsibilities
for the Market; improving and maintaining operations in a manner that
is consistent with traditional market and historic preservation standards;
and responding to standholder, consumer, and community input on matters
related to Market operations.
C.
In fulfillment of its management role, the Trust will enter into
lease agreements with standholders in accordance with master lease
provisions established by the Columbia Historic Market House Trust
Board of Directors.
A.
The Borough of Columbia shall maintain ownership of the Market building,
and shall maintain control of the streets surrounding Market, including
parking thereon, in accordance with applicable ordinances, laws and
regulations, as they may be amended from time to time. The Management
Agreement between the Borough of Columbia and the Trust shall contain,
among other things, the Borough of Columbia's right to establish
and/or alter the days and hours of operation for Market by resolution,
based on recommendations offered by the Trust.
B.
Upon approval of the Borough Council of the Borough of Columbia,
the Trust may solicit public and private funds to support capital
improvements to the Market as well as any other such fund solicitation
deemed beneficial to the advancement of the Market or its operation.
The power of the Trust shall be exercised through a governing
body to be called the Columbia Historic Market House Trust Board of
Directors, hereinafter "Board."
A.
Initial appointments to the Board shall be in accordance with provisions
established by the Articles of Incorporation of the Trust. Subsequent
nominations and appointment to the Board shall follow guidelines and
nomination procedures established in the organization's bylaws.
Appointment to the Board shall be made based on qualifications, experience,
or representation as defined in the Trust bylaws.
B.
The Board shall be comprised of no more than seven and no fewer than
five members, each of whom shall serve a term of three years; provided,
however, that in making the first appointments to the Board, three
members shall be appointed for terms of three years each, two members
shall be appointed for terms of two years each, and two members shall
be appointed for a term of one year.
C.
Vacancies on the Board of Directors shall be filled in accordance
with provisions established by the organization's bylaws.
D.
No member of the Board shall hold elective office during his/her
term of service on the Board.
E.
After appointment as a Director (as the case may be) and in order
to qualify to serve as a Director of the Trust, each individual shall
execute and abide by a Code of Ethics, that shall include, at a minimum,
a conflicts-of-interest policy that clearly states the procedures
to be followed if a Director's personal or financial interests
may be advanced by an action of the Board.
In furtherance of its legislative purpose, the Board of Directors
of the Trust is herein authorized to employ professional staff who
shall be accountable to the Board for the performance of his/her duties.
Promptly after the adoption of this article, and prior to the
filing of the Articles of Incorporation in the Office of the Secretary
of the State, the Borough of Columbia hereby signifies its intention
to appoint members of said Board from among initial nominations presented
by the Columbia Market Committee of Borough Council.
The substance of the Articles of Incorporation is attached hereto
and made a part hereof.[1]
[1]
Editor's Note: Said Articles of Incorporation are on
file in the Borough offices.
The Solicitor of the Borough of Columbia is hereby authorized
and directed to take all steps necessary in order to consummate the
formation and incorporation of said Trust within 30 days following
adoption of this article.
