THE CONSTITUTION OF
THE LOWER EXE MOORING ADMINISTRATION COMPANY LTD
1. The Organisation shall be called The Lower Exe Mooring Administration Company Ltd , hereinafter called "LEMA".
2. (a) To regulate the moorings in that part of the River Exe within the jurisdiction of East Devon District Council and such other areas as LEMA shall be given the authority to regulate.
(b) By a system of licensing to ensure that every mooring is laid to such specification and in such a position as LEMA considers to be satisfactory.
(c) To establish from time to time and collect the appropriate charges necessary to finance economically the effective management of the moorings.
(d) To ensure that the rights and interests of all Mooring Licence holders be protected.
(e) To make such Rules and Regulations as are necessary for the proper management of the moorings.
3. Membership of the LEMA Management Committee shall comprise the following representatives:
Mooring Licence Holders being a minimum of 6 and a maximum of 8
East Devon District Council ...2Exeter City Council Navigation Authority ...1
4. (a) Each member of the Management Committee should indicate their willingness to stand for re-election to the Committee for the following year 28 days prior to the Annual General Meeting.
(b) Candidates for election to the Committee (not being Officers of the Management Committee) shall be received by the Secretary at least 10 days prior to the Annual General Meeting in each year. Such nominees must be a current Mooring Licence holder and should be proposed and seconded by two other current Mooring Licence holders. If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a vote of those current Mooring Licence holders present by a show of hands. In the event of a tie the casting vote will remain with the Chairman.
(c) The Management Committee at its first meeting after the Annual General meeting shall elect a Chairman and Vice Chairman, Senior mooring officer and assistant mooring officer and two mooring officers' assistants from amongst the elected Mooring Licence holders.
(d) A Secretary/Treasurer shall be appointed on such terms and conditions and at such fee as the Management Committee shall decide.
(e) A quorum for any meeting of the Management Committee shall be four voting members.
(f) The Management Committee shall be entitled to co-opt up to 4 Mooring Licence holders who in the opinion of the Management Committee can offer specialist knowledge or experience. Co-opted members shall be entitled to vote.
(g) The Secretary shall record Minutes of the proceedings and copies shall be circulated to members.
(h) In addition to the Annual General meeting the Management Committee shall meet as often as the Chairman shall consider to be necessary but not fewer than four times in each year.
5 (a) The Management Committee shall be charged initially with the preparation of such Rules and Regulations as it considers necessary to effect the proper control of the moorings.
(b) The Management Committee shall be charged to see that the said Rules and Regulations are carried out.
ADMINISTRATION AND MEETINGS:
6. (a) The day to day administration of the Management Committee shall be carried out by the Secretary/Treasurer
(b) Further to ensure that the rules and regulations are carried out the Management
Committee may appoint a Mooring Officer or officers on such terms and at such fee as the Management Committee shall decide.
(c) The Management Committee shall call an Annual General Meeting at the beginning of each Licensing year. At least three weeks notice shall be given to each previous years registered mooring owner. The general public shall be entitled to attend but shall not be entitled to vote. Nominations for the Management Committee (duly proposed and seconded) shall be sent to the Secretary at least 10 days before the Annual General Meeting. (see para 4b). A Quorum for the Annual General Meeting shall be at least 10 current Mooring Licence holders from the Lower Exe Mooring Authority Management Committee area.
(d) Any registered Mooring Licence owner who wishes to raise any points for discussion at the Annual General Meeting should put those discussion points in writing to the Secretary for inclusion into the Agenda 10 days prior to the meeting. No other business, other than that on the Agenda, shall be raised or discussed at the Annual General Meeting.
(e) Any items put forward under "Any Other Business" duly proposed and seconded at the Annual General Meeting will be put forward for consideration at the next Committee meeting of the Management Committee
7. (a) The Management Committee shall be financed from licence fees to be levied on Mooring Licence holders of each mooring over which the Management Committee has control.
(b) The amounts of such fees shall be determined each year by the Management Committee.
(c) The Management Committee shall not levy licence fees greater than those calculated to be sufficient to meet essential expenses.
(d) Auditors shall be appointed annually at the Annual General Meeting.
AMENDMENTS TO THE CONSTITUTION:
8. (a) The constitution may be amended by any resolution passed by two thirds majority of all voting members of the Committee present at a meeting of the said Committee called for that purpose and subsequently approved by a simple majority of the Members of the Association present at the Annual General Meeting or Extraordinary General meeting, provided that notice of the meeting, in writing, stating the terms of the resolution to be proposed thereat shall have been sent out to all current Mooring Licence holders at their last known address not less than four weeks before the day of the meeting.
(b) Current Mooring Licence holders wishing to propose an amendment to or an addition to the constitution may do so by submitting a resolution to the Management Committee giving detail of the proposed amendment or addition and signed by not less than 10 current Mooring Licence holders. The Committee will give its decision whether to recommend the adoption of the proposal or not in accordance with Clause 8(a) above and will refer its decision for ratification by the members of the Association at the next Annual General Meeting or at an Extraordinary General Meeting called for that purpose.
9. (a) Each member present at any meeting of the Management Committee shall be entitled to one vote on each proposal put to the meeting. In the event of an equal number of votes being cast for and against the resolution the Chairman or acting Chairman of the meeting shall be entitled to a second or casting vote.
(b) Unless resolved by the Management Committee to the contrary, voting at the Committee or Annual General Meeting shall be by show of hands.
10. The Management Committee shall be dissolved by a resolution or a resolution as amended at the meeting passed by a two-thirds majority of all members of the Management Committee at a meeting of the Management Committee called for that purpose.
11. That at the termination of the Mooring Management Committee and after all debts and liabilities have been settled, the decision as to the destination of any fund/assets held by the committee at that time shall be the decision of the signatories to the Management Agreement currently serving on the Committee.