Constitution

COCKERMOUTH AND DISTRICT CIVIC TRUST CONSTITUTION

 

1: NAME

The name of the Society shall be the Cockermouth and District Civic Trust.

The Trust shall be a registered charity and the trustees of the charity shall be as defined in

Clause 7.

2: OBJECTS

The Trust is established for the public benefit for the following purposes:-.

(a)  To protect and preserve and stimulate public interest in the area comprising the town of Cockermouth and its surrounding area which area is hereinafter referred as “the area of benefit”;

(b)   To promote high standards of town planning and architecture in the area of benefit;

(c)  To secure the preservation, conservation, development and improvement of features of general public amenity or historic or public interest in the area of benefit.

In furtherance of the said purposes but not otherwise, the Trust through its Executive Committee shall have the following powers:

(1)   To promote research and to publish the results of such research;

(2)   To act as a coordinating body and to co-operate with the local authority, planning committees, sanitary, drainage and all other local and statutory authorities voluntary organisations, charities and persons having aims similar to those of the Trust;

(3)   To promote or assist in promoting activities through out the area of benefit in furtherance of the cultural and artistic life of the inhabitants thereof;

(4)   To publish papers, reports and other literature;

(5)   To make surveys and prepare maps and plans and collect information in relation to any place, erection or building of beauty or historic interest within the area of benefit;

(6)   To hold meetings, lectures and exhibitions;

(7)   To educate public opinion and to give advice and information;

(8)   To raise funds and to invite and receive contributions from any person or persons whatsoever by way of subscription, donation and otherwise;

(9)   To take and accept gifts of property, whether subject to any special trusts or not;

(10) To sell, let, mortgage, dispose of or turn to account all or any of the property or funds of the Trust as shall be necessary;

(11) To borrow or raise money for the purposes of the Trust on such terms and on such security as the Executive Committee shall think fit, but so that the liability of individual members of the Trust shall in no case extend beyond the amount of their respective annual subscriptions;

(12) To do all such other things as are necessary for the attainment of the said purposes.

3: MEMBERSHIP

Membership shall be opened to all who are interested in actively furthering the purposes of the Trust.  No member shall have, power to vote at any meeting of the Trust if his/her subscription is in arrears at the time. Junior members shall be those aged less than Eighteen years or students undergoing full time educational training at the time their subscription is due; and they shall not be entitled to vote at any meeting of the Trust. The subscriptions of a member joining the Trust in the three months preceding the First day of September in any year shall be regarded as covering membership for the Trust’s year commencing on the First day of September following the date of joining the Trust.

4: SUBSCRIPTIONS

The Subscriptions shall be determined by the Executive Committee from time to time, and shall be payable on or before the First day of September each year. Membership shall lapse if the subscription is unpaid three months after it is due.

5: MEETINGS

An Annual General Meeting shall be held in or about the month of September of each year to receive the Executive Committee report and accounts (approved by an independent examiner if required) in a format required by the Charity Commission, and to elect Officers and Members of the Committee. The Committee shall decide when ordinary meetings of the Trust shall be held and shall give at least fourteen days notice of such meetings to all members. Special General Meetings of the Trust shall be held at the written request of’ members representing not less than 10 per cent of the existing membership of the Trust and whose subscriptions are fully paid up. Twelve members personally present shall constitute a quorum for a meeting of the Trust.

6: OFFICERS

Nominations for the election of officers shall be made at or before the Annual General Meeting. Such nominations shall be supported by a seconder and the consent of the proposed nominee must first have been obtained. The election of Officers shall be completed prior to the election of further Committee Members. The Officers of Trust shall consist of

President

Chairman

Vice-Chairman

Honorary Secretary

Honorary Treasurer

all of whom shall relinquish their office every year and shall be eligible for re-election at the Annual General Meeting. The Executive Committee shall have the power to fill casual vacancies occurring among the Officers of the Trust.

7: THE EXECUTIVE COMMITTEE

The Executive Committee shall be responsible for the management and administration of the Trust. The Executive Committee shall consist of the Officers and not more than eight other members. The Committee shall have power to co-opt further members (who shall attend in an advisory and non-voting capacity). The Officers and members of the Committee shall normally be resident or work in the area of benefit but the Committee shall have the power to co-opt additional members from outside the area of benefit. The President may attend any meeting of the Executive Committee but shall not vote at any such meeting. In the event of equality in the votes cast, the Chairman shall have a second or casting vote. Nominations for election to the Executive Committee shall be made in writing at or before the Annual General Meeting. They must be supported by a seconder and the consent of the proposed nominee must first have been obtained. If the nominations exceed the number of vacancies, a ballot shall take place in such manner as shall be determined. Members of the Executive Committee shall be appointed annually at the Annual General Meeting and take office at the conclusion of that meeting. Outgoing members may be re-appointed. The Executive Committee shall meet not less than six times a year at intervals of not more than three months and the Honorary Secretary shall give all members not less than seven days notice of each meeting. The quorum shall, as near as may be, comprise one third of the members of the Executive Committee. The members of the Executive Committee shall constitute the trustees of the charity for the purposes of the Charity Commission.

8: SUB COMMITTEES

The Executive Committee may constitute such subcommittees from time to time as shall be considered necessary for such purposes as shall be thought fit. The Chairman and Secretary of each sub-committee shall be appointed by the Executive Committee and all actions and proceedings of each sub-committee shall be reported to and be confirmed by the Executive Committee as soon as possible. Members of the Executive Committee may be members of any sub—committee and membership of a sub-committee shall be no bar to appointment to membership of the Executive Committee. Sub-Committees shall be subordinate to the Executive Committee and may be regulated or dissolved by the Executive Committee.

9: EXPENSES OF ADMINISTRATION AND APPLICATION OF FUNDS

The Executive Committee shall, out of the funds of the Trust, pay all proper expenses of administration and management of the Trust. After the payment of the administration and management expenses and the setting aside to reserve of such sums as may be deemed expedient the remaining funds of the Trust shall be applied by the Executive Committee in furtherance of the purposes of the Trust.

10: INVESTMENT

All monies at any time belonging to the Trust and not required for immediate application for its purposes shall be invested by the Executive Committee in or upon such investments, securities or property as it may think fit, subject nevertheless to such authority, approval or consent by the Charity Commissioners as may for the time being be required by law or the special trusts affecting any property in the hands of the Executive Committee.

11: TRUSTEES

Any freehold and leasehold property acquired by the Trust shall and if the Executive Committee so directs any other property belonging to the Trust may be vested in trustees who shall deal with such property as the Executive Committee may from time to time direct. Any trustees shall be at least three in number or a trust corporation. The power of appointment of new trustees shall be vested in the Executive Committee. A trustee need not be a member of the Trust but no person whose membership lapses by virtue of paragraph 3 hereof shall thereafter be qualified to act as a trustee, unless and until reappointed as such by the Executive Committee. The Honorary Secretary shall from time to time notify the trustees in writing of any amendment hereto and the trustees shall not be bound by any such amendments in their duties as trustees unless such notice has been given. The Trust shall be bound to indemnify the trustees against all expenses incurred by the trustees in their duties (including the proper charge of a trustee being a trust corporation) and liability under such indemnity shall be a proper administration expense.

12: AMENDMENTS

This constitution may be amended by a two-thirds majority of members present at an Annual or Special General Meeting of the Trust provided that fourteen days notice of the proposed amendments has been given to all members, and provided that nothing herein contained shall authorize any amendment the effect of which would be to cause the Trust at any time to cease to be a charity in law.

13: NOTICE

Any notice required to be given by these Rules shall be deemed to be duly given if left at or sent by prepaid post, fax or e-mail to the address of that member last notified to the Secretary.

14: WINDING UP

The Trust may be dissolved by a two-third majority of members voting at an Annual General Meeting or Special General Meeting of the Trust confirmed by a simple majority of members voting at a further Special Genera] Meeting held not less than fourteen days after the previous Meeting. If a motion for the dissolution of the Trust is to be proposed at an Annual General Meeting or a Special General Meeting this motion shall be referred to specifically when notice of the meeting is given. In the event of the dissolution of the Trust the available funds of the Trust shall be transferred to such one or more charitable institutions having objects similar or reasonably similar to those herein before declared as shall be chosen by the Executive Committee and approved by the Meeting of the Trust at which the decision to dissolve the Trust is confirmed. On dissolution the Minute Book and other records of the Trust shall be deposited with the Civic Trust.

The Foregoing Constitution was unanimously adopted by Resolution passed at an Annual General Meeting of the Trust held at the Friends Meeting House Cockermouth on Wednesday the 8th day of November 2006.

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