BYLAWS OF NORTH FORK MOSQUITO ABATEMENT DISTRICT (Formerly known as the Paonia Mosquito Control District)


On January 14, 1981, by Order of the District Court in and for the County of Delta, State of Colorado, in Civil Action No. 80-CV-102, this special District was declared duly organized as a quasi-municipal corporation and political subdivision of the State of Colorado, as defined by Special District Act, Colorado Revised Statutes, Title 32, Article 1 (1995).  These Bylaws represent the basic statutory procedures governing special districts, but the laws of Colorado are the final authority concerning the powers and requirements affecting said special districts.


ARTICLE I

NAME – BOUNDARIES

Section 1.  The corporate name of this Special District shall be NORTH FORK MOSQUITO ABATEMENT DISTRICT (hereinafter the “District”), and the term of its existence shall be perpetual, subject to the methods of elimination and dissolution in COLO. REV. STAT. §§ 32-1-701 through 32-1-710.

Section 2.  The boundaries of the District, which lie solely within Delta County, Colorado, are as set forth in the attached copy of the January 14, 1981, Delta County District Court Findings and Decree Establishing District, designated herein as Exhibit “A,” and as set forth in the attached copy of the September 26, 1986, Delta County District Court Order for Inclusion Within the North Fork Mosquito Abatement District of Specific Real Property, designated herein as Exhibit “B,” and as set forth in the attached copy of the August 22, 2006 Delta County District Court Order for Inclusion of Lands, designated herein as Exhibit “C”, and as set forth in the attached copy of the November 14, 2006 Delta County District Court Order for Inclusion of Lands, designated herein as Exhibit “D.”


ARTICLE II

PURPOSES – POWERS

Section 1.  The purpose of the District is to promote public health and safety of the residents of the District through the implementation of an Integrated Pest Management (IPM) program directed primarily at reducing populations of potential disease-transmitting mosquitoes and secondarily, if resources are available, nuisance mosquitoes. An Integrated Pest Management program is a systematic, scientific, and economical approach to reducing mosquito populations by use of methods that present the least possible hazard to people, property, and the environment.

IPM is not a single method for reducing pest populations but, rather, a series of pest management evaluations, decisions, and reduction measures. Practicing IPM, requires a four-tiered approach. According to the U.S. Environmental Protection Agency, the four steps include:

Set Action Thresholds:  Before taking any action to reduce mosquito populations, IPM first sets an action threshold, a point at which mosquito populations or environmental conditions indicate that actions to reduce mosquito populations must be taken. Sighting a single, or even a few mosquitoes does not mean action is needed. The level at which mosquitoes will become a health threat is critical to guide future decisions for reducing mosquito populations.

Monitor and Identify Mosquito Populations:  Most insects, weeds, and other living organisms do not require human efforts to reduce their numbers. Many organisms are innocuous, and some are even beneficial. IPM programs work to monitor mosquito  populations in both their larva and adult stages and identify them accurately, so that appropriate decisions to reduce their populations can be made in conjunction with action thresholds when public health is at risk. This monitoring and identification removes the possibility that pesticides will be used when they are not really needed or that the wrong kind of pesticide will be used.

Prevention:  As a first line of preventing mosquito populations, IPM programs work to reduce available breeding habitat to prevent mosquitoes from becoming a public health threat or nuisance. Landowners can reduce or eliminate mosquito breeding habitat through the use of good irrigation and land management practices. Examples include:
Being careful not to over-water lawns, gardens, and fields;
Monitoring fields daily and turning off or moving irrigation as soon as the optimum amount of water has been delivered;
Digging ditches at the bottom of fields to promote runoff and prevent the pooling of water;
Storing under cover anything that can collect water such as flower pots, wheelbarrows, tires, hubcaps, trash cans, and 55-gallon drums; and
Cleaning gutters regularly.

As a second line of preventing adult mosquitoes, IPM works to kill mosquitoes in their larval stage. Standing water may contain mosquito larvae—an early stage of development when immature mosquitoes live in water. Areas of standing water that cannot be prevented by the above methods or have not been prevented due to poor land management practices by the landowner are treated with a larvicide that kills mosquito larvae, preventing them from developing into adult, biting mosquitoes. These control methods are very effective and cost-efficient and present little to no risk to people or the environment.

Examples of a possible third line of prevention is highly targeted, non-hazardous chemicals such as pheromones that can be used to disrupt pest mating or the release of sterile male mosquitoes (only females bite people), also for the purpose of disrupting mating.

Reduction of Adult Mosquitoes:  Once monitoring, identification, and action thresholds indicate that reductions in adult mosquito populations are warranted, and preventive methods are no longer effective or available, IPM programs then evaluate the proper control method both for effectiveness and risk. Effective, less risky pest controls are always chosen first. If further monitoring, identifications, and action thresholds indicate that less risky controls are not working, then additional pest control methods may be employed, such as targeted spraying of adulticides in limited areas. Broadcast spraying of non-specific adulticide may be used only as a last resort because it presents the possibility of serious health risks to humans and is harmful to the environment.

Section 2.  The governing Board of the District (hereinafter the “Board”) shall have the following powers:

a.    To originate, adopt, execute and enforce such methods, plans and procedures as are appropriate to reduce mosquito populations within the boundaries of the District.
b.    To have and use a corporate seal.
c.    To sue and be sued, and be party to suits, actions and proceedings.
d.    Except as limited by statute, to enter into contracts and agreements affecting the affairs of the District, including contracts with other governmental agencies.  Except in cases in which the District will receive aid from a governmental agency or purchase through the state purchasing program, a notice shall be published for bids on all construction contracts for work or material, or both, involving as expense of Twenty-five Thousand ($25,000.00) Dollars or more of public moneys.  The District may reject any and all bids, and if it appears that the District can perform the work or secure material for less than the lowest bid, it may proceed to do so.  No contract for work or material, including a contract for services, regardless of the amount, shall be entered into between the District and a Director of the Board or between the District and the owner of twenty-five percent (25%) or more of the territory within the District unless a notice has been published for bids and such Director or owner submits the lowest responsible and responsive bid.
e.    To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures, and to issue onds, including revenue bonds in accordance with the provisions of COLO. REV. STAT. §§ 32-1-1101 through 32-1-1105, and to invest any moneys of the District in accordance with Part 6 of Article 75 of Title 24, Colorado Revised Statutes.
f.    To acquire, dispose of and encumber real and personal property including, without limitation, rights and interest in property, leases and easements necessary to the functions or the operation of the District; except that the Board shall not pay more than fair market value and reasonable settlement costs for any interest in real property and shall not pay for any interest in real property which must otherwise be dedicated for public use or the District’s use in accordance with any governmental ordinance, regulation or law.
g.    To refund any bonded indebtedness of the District as provided in COLO. REV. STAT. §§ 32-1-1301 through 32-1-1307 or Article 54 or Article 56 or COLO. REV. STAT. Title 11.
h.  To have the management, control and supervision of all the business and affairs of the District, and all construction, installation, operation and maintenance of District improvements therein.
i.    To appoint, hire and retain agents, employees, engineers and attorneys.
j.    To fix and from time to time to increase or decrease fees, rates, tolls, penalties, or charges for services, programs, or facilities furnished by the District.  The Board may pledge such revenue for the payment of any indebtedness of the District.  Until paid, all such fees, rates, tolls, penalties, or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanics’ liens.
k.    To furnish services and facilities without the boundaries of the District and to establish fees, rates, tolls, penalties or charges for such services and facilities.
l.    To accept, on behalf of the District, real or personal property for the use of the District and to accept gifts and conveyances made to the District upon such terms or conditions as the Board may approve.
m.    To adopt, amend and enforce bylaws and rules and regulations not in conflict with the constitution and laws of the State of Colorado for carrying on the business, objects and affairs of the Board and of the District.
n.    To exercise all financial powers enumerated in COLO. REV. STAT. §§ 32-1-1101 through 32-1-11-5, including, but not limited to, power and authority to levy and collect ad valorem taxes on or against all taxable property within the District, pursuant to COLO. REV. STAT. §§ 32-1-1201 through 32-1-1204.


ARTICLE III

DIRECTORS

Section 1.  Term of office.  There shall be five (5) Directors who shall constitute the Governing Board of the District.

Section 2.  Vacancies.  Any vacancy on the board shall be filled by appointment by the remaining Directors, the appointee to serve until the next Regular election, at which time, the vacancy shall be filled by election for any remaining unexpired portion of the term.  If, within sixty days of the occurrence of any vacancy, the Board fails, neglects, or refuses to appoint a Director from the pool of any duly qualified, willing candidates, the Board of County Commissioners of Delta County may appoint a director to fill such vacancy.  The remaining Directors shall not lose their authority to make an appointment to fill any vacancy unless and until the Board of County Commissioners for Delta County actually makes an appointment to fill that vacancy.

The Board of County Commissioners for Delta County shall not make an appointment pursuant to this Section unless it provides thirty days notice of its intention to make such appointment to the remaining members of the Board and the vacancy remains open at the time the Board of County Commissioners makes its appointment.

Section 3.  Oath and Bond of Directors.  Each Director, within thirty (30) days after his election or appointment to fill a vacancy, except for good cause shown, shall appear before an officer authorized to administer oaths and take an oath that he will faithfully perform the duties of this ofice as required by law and will support the constitution of the United States, the constitution of the State of Colorado, and the laws made pursuant thereto.  The oath may be administered by the County Clerk and Recorder for Delta County, by the Clerk of the District Court of Delta County, by any person authorized to administer oaths in the State of Colorado, or by the Chair of the board and shall be filed with the Clerk of the District Court of Delta County and with the Board of County Commissioners for Delta County.

At the time of filing said oath, there shall also be filed for each Director an individual, schedule, or blanket surety bond at the expense of the District, in an amount not less than One Thousand (1,000.00) Dollars each, conditioned upon the faithful performance of his duties as Director.

If any Director fails to take the oath or furnish the requisite bond within the period allowed, his office shall be deemed vacant, and the vacancy thus created shall be filled in the same manner as other vacancies in the office of Director.


ARTICLE IV

OFFICERS

Section 1.  Officers.  After taking oath and filing bonds, the governing Board of the District shall elect one of its members as Chair of the Board and President of the District, one of its members as a Treasurer of the Board and District, and a Secretary who may be a member of the Board.  The Secretary and the Treasurer may be one person, but, if such is the case, he shall be a member of the Board.  Further, the Board may choose one of its members as Vice-Chair of the Board and Vice-President of the District.  Each officer shall serve for a term of one year or until his successor is selected and qualified.  An officer may succeed himself or herself in office.

Section 2.  Duties of the Office.

a.    The Chair shall preside at all meetings of the Board and of the District.  He shall be responsible to the Board during its periods of adjournment for the administration and coordination of the routine affairs of the District, and he shall perform such other duties as are customarily associated with his office.
b.    The Vice-Chair shall exercise all the powers, duties and authority of the Chair during the absence or incapacity of the latter.
c.    The Secretary shall keep in a well-bound book a record of all proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts and resolutions of the District, and these records shall be open to inspection of all electors, as well as to all other interested parties.  The Secretary shall keep the corporate seal and affix it to all documents of the District as required by law and attest to the same with his signature, and perform other duties consistent with his office as the Chair deems necessary.
d.    The Treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the District in permanent records.  He shall file with the Clerk of the District Court of Delta County, Colorado, at the expense of the District, a corporate fidelity bond in an amount not less that Five Thousand ($5,000.00) Dollars, conditioned on the faithful performance of the duties of his office.

Section 3.  Vacancy.  A Director’s office shall be deemed to be vacant upon the occurrence of any one of the following events prior to the expiration of the term of office.

a.    If for any reason a properly qualified person is not elected to a Director’s office by the eligible electors as required at a Regular election;
b.    If a person who was duly elected or appointed fails, neglects, or refuses to subscribe to an oath of office or to furnish the bond in accordance with the provisions of COLO. REV. STAT. § 32-1-901;
c.    If a person who was duly elected or appointed submits a written resignation to the Board;
d.    If the person who was duly elected or appointed ceases to be qualified for the office to which he was elected;
e.    If a person who was duly elected or appointed is convicted of a felony;
f.    If a court of competent jurisdiction voids the election or appointment or removes the Person duly elected or appointed for any cause whatsoever, but only after his right to appeal has been waived or otherwise exhausted;
g.    If the person who was duly elected or appointed fails to attend three consecutive Regular meetings of the Board without the Board having entered upon its minutes an approval for an additional absence or absences; except that such additional absence or absences shall be excused for temporary mental or physical disability or illness; or
h.    If the person who was duly elected or appointed dies during his term of office.

Section 4.  Compensation.  For Directors serving a term of office commencing on or after April 24, 1996, each Director may receive as compensation for the director’s service a sum not in excess of One Thousand Two Hundred Dollars ($1,200.00) per annum, payable not to exceed Seventy-Five Dollars ($75.00) per meeting attended.

No Director shall receive compensation as an employee of the District, other than that provided in this section, and any Director shall disqualify himself from voting on any issue in which the Director has a conflict of interest unless the Director has disclosed such conflict of interest in compliance with COLO. REV. STAT. § 18-8-308.  Reimbursement of actual expenses for Directors shall not be considered compensation.  No Director receiving workers’ compensation benefits awarded in the line of duty as a volunteer firefighter or pension payments to retired firefighters shall be allowed to vote on issues involving the Director’s disability or pension payments.


ARTICLE V

MEETINGS

Section 1.  Time and Place.  Regular meetings of the Board shall be held on a monthly basis from April to October and as needed during the rest of the year at an hour and place designated by the Board by resolution and proper notice. Proper Notice of the time and place designated herein for all Regular meetings of the Board shall be posted in the Hotchkiss and Paonia Town Halls, and the office of the North Fork Annex of the Delta County Clerk and Recorder in Hotchkiss.  Such notices shall remain posted and shall be changed in the event that the time or place of such Regular meetings is changed.

Section 2.  Changes to Meeting Date, Time, and Location.  The provisions in Section 1 of this Article governing the date, time, and location of meetings may be waived only if the proposed change of date, time, and/or location of a meeting of the Board appears on the agenda of a Regular or Special meeting of the Board.

Section 3.  Special Meetings.  Special meetings may be called by any Director by informing the other Directors of the date, time, and place of such Special meeting, and the purpose for which it is called, and by posting notice as provided in Section 1 of this Article at least three (3) days prior to said meeting.

Section 4.  Quorum.  All official business of the Board shall be conducted only during said Regular or Special meetings at which a quorum is present, and all said meetings shall be open to the public.  Three (3) members of the Board shall constitute a quorum at any meeting.

Section 5.  Public Participation.  Any person wishing to present any information, statement, or discussion to the Board shall present the Board with a letter, stating the topic to be discussed, at least three (3) days prior to the meeting so that they can be included on the agenda.  There will be a maximum of ten (10) minutes allotted to each person that has written a letter requesting to be placed on the agenda.  Any person wishing to present any information, statement, or question to the Board who is not on the agenda will be limited to five (5) minutes per person.

Section 6.  Conduct of Meetings.  Robert’s Rules of Parliamentary Procedure shall govern the conduct of all meetings of the Board and of the district and shall be interpreted by a parliamentarian if one is appointed by the Chair.

Section 7.  Special Notice Requirements.  The notice posted pursuant to Section 1 of this Article for any Regular or Special meeting at which the Board intends to make a final determination to issue or refund general obligation indebtedness, to consolidate the District with another special district, to dissolve the District, to file a plan for the adjustment of debt under federal bankruptcy law, or to enter into a private contract with a Director, or not to make a scheduled bond payment, shall set forth such proposed action.


ARTICLE VI

MISCELLANEOUS

Section 1.  Definitions.

The word “Board” as used in these Bylaws shall mean the Board of Directors of the district.
The phrase “eligible elector” as used in these Bylaws shall mean a person who, at the designated time or event, is registered to vote pursuant to the “Uniform Election Code of 1992,” articles 1 to 13 of Title 1, COLO. REV. STAT., and:
Who has been a resident of the special district or the area to be included in the special district for not less than thirty days;
Who, or whose spouse, owns taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district, whether said person resided within the special district or not.
The word “publication: as used in these Bylaws shall be taken to mean printing one time, in one newspaper of general circulation in the District.
Section 2.  Audit.

In accordance with COLO. REV. STAT. § 290-1-604, where neither revenues nor expenditures exceed One Hundred Thousand ($100,000.00) Dollars in any fiscal year commencing on or after January 1, 1998, the District may, with the approval of the state auditor, be exempt from the audit provisions of COLO. REV. STAT. § 29-1-603.
Where revenues or expenditures for any fiscal year commencing on or after January 1, 1998, are at least One Hundred Thousand ($100,000.00) but not more than Three Hundred Thousand ($300,000.00) Dollars the District may, with the approval of the state auditor, be exempt from the audit provisions of COLO. REV. STAT. § 29-1-603.
If the Board claims exemption from the audit requirements pursuant to this section, it shall file an application for exemption from audit.  Any application filed pursuant to subsection (a) of this section shall be prepared by a person skilled in governmental accounting.  Any application filed pursuant to subsection (b) of this section shall be prepared by an independent accountant with knowledge of governmental accounting.  Any application filed pursuant to subsection (c) shall be completed in accordance with regulations issued by the state auditor and shall be personally reviewed, approved, and signed by a majority of the members of the Board.  The application is to be filed with the state auditor within three months after the close of the District’s fiscal year.
The end of the fiscal year of the District shall be the 31st day of December of each year.


ARTICLE VII

Amendments of these Bylaws shall be adopted by the affirming vote of four-fifths (4/5) of the total membership of the Board at a Regular meeting of the Board after the following procedures have been followed in this order:

The proposed amendments to the Bylaws shall be announced at a Regular meeting and made available to the electors of the District for review for at least 30 days by:
placing a copy of the proposed amendments in the Hotchkiss and Paonia public libraries, and the Office of the North Fork Annex of the Delta County Clerk and Recorder in Hotchkiss; and
publishing an announcement in the local paper of record as to their availability;
The proposed amendments shall be presented to the Board for discussion at a Regular meeting;
A public hearing shall be conducted in which the electors of the District have an opportunity to comment on the proposed amendments. This hearing shall not take place on the date of the Regular Board meeting described in paragraph b above; and
A resolution to adopt the proposed amendments to the Bylaws shall not be voted on any earlier than the first Regular meeting following the date of the public hearing.

Approved by the Board of Directors of the North Fork Mosquito Abatement District on this 16th day of March, 2009.


ATTEST:



____________________________            ____________________________
Chair, Board of Directors                        Secretary, Board of Directors    



Bylaws History
Dates Previously Adopted:  

Unknown
June 4, 2006









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