GIRDWOOD COMMUNITY ASSOCIATION

RULES AND BYLAWS

Adopted September 13, 1999

Amended January 8, 2005

Amended TBA 2016

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The Girdwood Community Association ("the Association") is a voluntary non-profit, self-governing, unincorporated association formed for the purpose of being formally recognized as the community council for the Girdwood Valley.

Relationship between the Girdwood Community Council (GCC), Girdwood Land Use Committee (LUC), and the Girdwood Board of Supervisors (GBOS) - The Girdwood Board of Supervisors is designated as the Girdwood Community Council 'ex-officio' by the Anchorage Municipal Assembly. Because of this, Girdwood is not recognized as a Community Council District in Municipal Code 2.40.040.D – Establishment of community council districts.

Municipal Code 2.40.035.B states:

“Girdwood recognized; special provision. The municipality recognizes the Girdwood Board of Supervisors as the community council, ex-officio, which serves the Girdwood Community Association/Land Use Committee boundary area depicted on Map 10 located in section 2.40.090.”

The GCC/LUC is a one-person one-vote organization, whereas GBOS business is voted upon by only the 5 board members. In consort with the ideals of community councils being the voice of the people with one-person one-vote, the LUC is designated by the GBOS to be the public hearing process for the GCC. Whenever the LUC is in session, it also serves as the GCC. The LUC/GCC will forward its findings on to the GBOS.

The Association adopts as its operating rules and bylaws the following:

Article 1. Membership. Membership in the Association is open to all persons eighteen (18) years of age or older who are residents, property owners, business owners or designated representatives of a non-profit association or business entity for thirty (30) days or longer in the area defined as the Girdwood Community Association/Land Use Committee boundary area depicted on Map 10 located in Section 2.40.090.

Businesses and nonprofit entities not otherwise represented at the Girdwood Community Association and who meet one of the following criteria may designate one (1) representative to be a voting member of the Girdwood Community Association:

a) The business is a corporation operating through an office or other permanent establishment in Girdwood but without the representation of a director or corporate officer who otherwise meets the membership criteria.

b) The business is a partnership with all partners residing outside the Girdwood area but operating through an office or other permanent establishment in Girdwood.

c) The business is a limited liability company with all member(s) residing outside the Girdwood area but operating through an office or other permanent establishment in Girdwood.

d) The business is a sole proprietorship with the proprietor residing outside the Girdwood area but the business operates through an office or other permanent establishment in Girdwood.

e) The nonprofit entity is a corporation duly qualified under a subsection of IRC 501 and registered in the State of Alaska with all officers and directors residing outside the Girdwood area but operating through an office or other permanent establishment in Girdwood.

f) The nonprofit entity is an association duly organized under Internal Revenue Code and registered in the State of Alaska with all officers and directors residing outside the Girdwood area but operating through an office or other permanent establishment in Girdwood.

Businesses and nonprofit organizations that qualify as described above may designate one (1) representative for the calendar year. The written request must be made January 1 thru 31 of each year or when commencing operations in the Girdwood area. The written request must be delivered to the Land Use Committee Chair and duly recorded by the Land Use Secretary. Designated representatives have one (1) vote on any issue regardless of whether they qualify for Girdwood Community Association membership under other categories.

No membership form or application is required. Girdwood Community Association members may be asked to demonstrate that they meet membership criteria.

Article 2. Dues. There are no dues.

Article 3. Governance. The Association hereby designates the Girdwood Board of Supervisors as the governing body of the Association. The Girdwood Board of Supervisors is authorized to speak on behalf of the Association, and as the community council for the area defined as the Girdwood Community Association/Land Use Committee boundary area depicted on Map 10 located in Section 2.40.090, in accordance with these operating rules and bylaws and the Girdwood Board of Supervisors Rules.

Article 4. Land Use Committee. All land use issues brought to the attention of the Girdwood Board of Supervisors shall be referred to a permanent standing committee of the Girdwood Board of Supervisors called the Land Use Committee. The Land Use Committee shall conduct its affairs pursuant to the attached Land Use Committee Operating Principles and shall report the results of their consideration of any issue to the GBOS.

Article 5. Voting. The vote of the Girdwood Board of Supervisors shall be the official action of the Association.

Issues Needing A Vote – Issues needing a vote (action items) require a minimum of two presentations at two different meetings at least a month apart. At the first meeting the issue will be introduced with as much information as possible and requested. This provides the community with enough time to digest the information and come to the next meeting with an informed opinion prepared for a vote. The second meeting presentation will provide all information necessary to visualize and comprehend the entire nature and scope of the project and any other special requirements. An exception will be an issue of extreme importance of a timely nature beyond the control of the owner/project manager, in which case the rules for second presentation apply.

When the Girdwood Board of Supervisors votes contrary to the recommendations of the Land Use Committee, the procedure to be followed by the Girdwood Community Association, if applicable, will be consistent with the current Girdwood Board of Supervisors Rules and with the current Land Use Committee Operating Principles.

Three possibilities exist regarding agreement between the Girdwood Board of Supervisors and the Land Use Committee:

A. The Girdwood Board of Supervisors votes in accordance with the Land Use Committee recommendations. In this case, all recommendations of the Girdwood Board of Supervisors shall include the official actions of the Land Use Committee without changes. The Girdwood Board of Supervisors may include additional supporting information and comments when sending forth the actions of both groups.

B. The Girdwood Board of Supervisors does not vote in accordance with the Land Use Committee recommendations and the requirement to report forth on the issue is not time restricted. In this case, the Girdwood Board of Supervisors will provide a written explanation of the dissenting GBOS action to the Land Use Committee and will provide any and all additional and/or new information pertinent to the issue being considered, requesting that the Land Use Committee reconsider their action in view of the additional and/or new information. An issue can be sent back to the Land Use Committee one (1) time for reconsideration. The issue in question must appear on the following month’s Land Use Committee agenda. If after reconsideration of additional information by the Land Use Committee agreement is not achieved, the procedure outlined in (C) below will be followed.

C. The Girdwood Board of Supervisors does not vote in accordance with the Land Use Committee recommendations and the requirement to report forth on the issue is time restricted. In this case, the Girdwood Board of Supervisors will provide a written explanation of the dissenting GBOS action to the Land Use Committee, and in sending the recommendations forward, will include the official actions of the Land Use Committee without changes along with the official actions of the Girdwood Board of Supervisors and any relevant comments.

The Girdwood Board of Supervisors may also request an extension of time for advisory comments to be made, in which case the issue of dissent may be referred back to the Land Use Committee as described in (B) above.

In addition, there may be a special meeting of the Girdwood Community Association with a quorum present held within thirty (30) days of the date of any Girdwood Board of Supervisors vote contrary to the recommendation of the Land Use Committee, at which the Girdwood Community Association may override the Girdwood Board of Supervisors vote by an affirmative vote of at least two-thirds (2/3) of those present at the special meeting.

The community’s stated objective is to provide unified statements from the Girdwood community.

Article 6. Annual Meeting. On or about the second Monday of January, the Association shall have its annual meeting. This meeting shall be held immediately prior to the Land Use Committee meeting for the month of January and shall be conducted by the Land Use Committee. Notice of the annual meeting shall be provided either by the GBOS or the Land Use Committee by posting of a notice in at least three (3) public places in the Girdwood Valley at least fourteen (l4) days before the date of the annual meeting. The Association, may, but is not required to, elect a President, Vice-President and Secretary-Treasurer at this meeting. Should the Land Use Committee not conduct the annual meeting, the annual meeting may be conducted by the GBOS immediately prior to its February meeting.

Article 7. Special Meetings. The Association may not call a special meeting unless and until specific notice of such a special meeting, and the matters to be considered at the meeting, is sent by regular mail, using the Federation of Community Councils mailing list, to all persons eligible for membership in the Association. Such notices must be mailed at least fifteen (15) days in advance of the scheduled date of the special meeting.

Notice of Special Meeting and Agenda will be posted at Girdwood locations currently used by the Girdwood Board of Supervisors and Land Use Committee for public noticing.

Article 8. Quorum. At least 70 members, or 20% of the number of persons who voted in Girdwood in the last regular municipal election, whichever is larger, must be present at any annual or special meeting to constitute a quorum.

Article 9. Amendment of Rules and Bylaws. These rules and bylaws may only be amended upon the affirmative vote of two-thirds (2/3) of those present at any annual or special meeting.

Article 10. Severability. If any provision of these bylaws and procedures are found to be contrary to law, the remaining provisions shall remain in force.

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ARTICLES OF ASSOCIATION

GIRDWOOD COMMUNITY ASSOCIATION

The undersigned, all of whom are residents, property owners or business owners within the Girdwood Community Council area identified in the Anchorage Municipal Code hereby agree to associate as a non-profit voluntary self-governing association composed of residents, property owners, business owners, and representatives from non-profit entities located within the above referenced area. This association shall be politically non-partisan.

PURPOSE

The purpose of this association is to provide a direct and continuing means of citizen participation in local affairs and to provide Girdwood residents and property owners, business owners and non-profit representatives a means by which they can work together for expression and discussion of their opinions, needs, and desires in a manner that will have an impact on Girdwood's development and services. The association is also intended to provide governmental agencies a method for receiving opinions regarding the needs, desires and recommendations of community members and to provide local governing bodies including the Anchorage Assembly and the Anchorage Planning and Zoning Commission and the Heritage Land Bank an approved basis for decision making and assignment of priorities for all programs affecting Girdwood.

BYLAWS

The association shall be governed by rules and bylaws which may be amended from time to time as set forth in those rules and bylaws.

ADOPTED this 13th day of September, 1999, at Girdwood, Alaska.

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