HomeMy WebLinkAboutCC Resolution 11679 (Lands of Trinity Community Church)RESOLUTION NO. 11679
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING FINAL MAP ENTITLED, "MAP OF LANDS OF TRINITY
COMMUNITY CHURCH", SAN RAFAEL, CALIFORNIA.
WHEREAS, the Planning Commission of the City of San Rafael, State of California, did
on December 9, 2003, in writing, recommend to the City Council of said City the approval of the final
map entitled " Map of Lands of Trinity Community Church " consisting of two (2) sheets hereinafter
referred to; and
WHEREAS, it appears to said City Council and said City Council hereby finds and
determines that said map is in conformity with the requirements of the Subdivision Ordinance Title 15 of
the San Rafael Municipal Code, and that said City Council is satisfied with the plan of the subdivision;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that the final map of said subdivision, approved by the Planning Commission of
said City on December 9, 2003, and entitled, "Map of Lands of Trinity Community Church", be and the
same is hereby approved, and that the City Clerk of said City be and she is hereby authorized and
directed to execute the certificate upon the face of the map of the approval thereof and, upon the filing
with the City Clerk of the agreement and bond (or deposit) with the approval thereof all as required by
Sections 15.02.170, 15.11.050, and 15.11.060 of said Subdivision Ordinance, to transmit said map to the
Clerk of the Board of Supervisors of Marin County.
IT IS FURTHER RESOLVED that that certain agreement entitled, "Subdivision
Improvement Agreement", being the agreement required by Section 15.11.050 of said ordinance, shall,
when executed and filed by and or on behalf of the subdivider and approved by the City Attorney and
City Manager as provided in Section 15.02.170 of said ordinance, be executed on behalf of said City by
the Mayor and City Clerk, and said officers are hereby authorized and instructed to do so:
IT IS FURTHER RESOLVED that upon the execution, filing and approval of said
agreement and bond and the recordation of said final map, all in accordance with the requirements of the
said ordinance appertaining to said agreement and bond and the recordation of said map, and the City
does hereby accept the dedication of the drainage easement on Belle Avenue, designated as D.E on said
map and also remove any one (1) foot non -access strips on any public dedicated right of way adjacent to
this subdivision.
0IGIA k. A
.01
� L�
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a meeting of the Council of said
City held on the 6"' day of December, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCI I, City Clerk
u
J '
66 W
$E� SgaL S V-
'�i
s�9 `W S�eErg
ao 5° stlr�g� 4�5 `-ss
$ W58°•. W
Z S$ss e
O Safi 6a'u E'iE
E
SE 52 {
D
•$ v� O
l `44
°1 Eu
S
fivE
:5s
3 r x
Vyo1
SIN
-° o � .gyp
a�S
io A�
gE fi3
Y�
V
9 o a
cr' )'n
<5y
o O
LLJ
LL, "�sSW o
a
Q 5
W Sic
Lo o3�z
N 6355 _ -
Q S5� -
5'�a
3�6<L
nLa I
4—
W
Q NU
-
�efi5h
Z $�9$°i� 3
€ESA
ci�gi 4� 3 •
� v �S�Wo •,
J '
66 W
$E� SgaL S V-
'�i
s�9 `W S�eErg
ao 5° stlr�g� 4�5 `-ss
$ W58°•. W
Z S$ss e
O Safi 6a'u E'iE
E
SE 52 {
D
gE fi3
Y�
V
9 o a
cr' )'n
<5y
o O
a
W _
"1 fi deg°II
A Z o�
W
A a E 31;
r li
Lu
I
ai „LSo E
k J �
Q NU
E fiYSc
'hP.6E
Z
a � 9
5 S�r�
a6p�. .fiat .uao•-
c -i
BoN
W 'a E9wn� $�
(7 a 5 S a
Oa Fa55s i
a 31.%OE iv
U��� tiI:es b
o O s
in u
,032 01 by fz rz 61, mE "I 0"UPE21 zo mi 11; "S97,
W
D
Z
Q
3nN3Ay
It l000-�
al I
I le
I 1
I ,SOSOZ Iti00,LL815 I
I (D � I
81 F-�o IS
I �
I Je=
I
,SO'SOZ 3.00,LZ81N
I I
I I•
o Im
I I'.
1 $0-50Z 3.00.LZJIIN
I I
I � Eo li
I
,9a'9oL A�,60 LZ9I4'
I Joe I
I I
,50'SOZ N.Oo,luS s
r�' 1
I
nSi Om_ I G
ml J o�^ 3.00.LZ N
I _ 96'Qt a
.,I ,"-L1I 3.00.LZ.GIN
SSyda3ONn 3N
N3aNl� .,
7
gw
h �
A
F
W
h
n
I
gOL9I
M.p
�
q d
let
gIF �8
e
Wa
d
123
a
I
Ury
�9ZB
I
a1 311
�
1
l
3'
y
"MY3
zi
I
. ; g
j�--
ArpiL;yp
C N
R\
ck:
1
L--
S2.V
SSyda3ONn 3N
N3aNl� .,
WOW CE 31 1212 CM NLEnp-y�lllfF2!-2lfwJ\/EI-ZD\EHOf\ 7
0
h �
A
W
h
n
�
q d
let
e
Wa
d
123
a
WOW CE 31 1212 CM NLEnp-y�lllfF2!-2lfwJ\/EI-ZD\EHOf\ 7
CITY OF SAN RAFAEL, CALIFORNIA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of San Rafael
(hereinafter referred to as "City"), and Trinity Community Church of San Rafael, a California
Corporation, ( hereinafter referred to as "Subdivider").
RECITALS:
Subdivider has presented to City for approval a final subdivision map entitled: "Map of Lands of Trinity
Community Church". The map has been filed with the City Engineer of City and will be timely filed with
the City Clerk for presentation to the City Council of the City for its approval, which map is hereby
referred to and incorporated herein.
Subdivider has requested approval of the map prior to the construction and completion of improvements,
including all streets, highways or public ways and public utility facilities which are a part of, or
appurtenant to, the subdivision, hereinafter called 'Subdivision', designated in the map, all in accordance
with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant
to, or outside the limits of Subdivision, which plans and specifications are now on file in the office of the
City Engineer of the City.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 of the San Rafael Municipal Code.
1. Performance of Work
All of .the work and improvements and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work on file in the office of the City
Engineer of City, which said plans and specifications and standards are hereby referred to and adopted
and made a part of this agreement. In case there are not any standard specifications of City for any of
said work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California Department of Transportation. Subdivider will do and perform,
or cause to be done and performed, at Subdivider's own expense, in a good workmanlike manner, and
furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City,
who shall endorse his approval thereon, all of the following work and improvements related to the
Subdivision as shown on the improvements plans and drawings entitled: "Improvement Plans Trinity
Community Church" and subject to the conditions, requirements and recommendations as set forth in the
reports of the City Engineer and Planning Director, which reports shall be incorporated herein by
reference. Further incorporated herein and made a part hereof by reference are the appropriate
resolutions of the Planning Commission and of the City Council approving Subdivider's tentative map.
Subdivider shall also do all work and furnish all materials which, in the opinion of the City Engineer and
on his order, are necessary to complete the improvements in accordance with the plans and specifications
on file as herein before specified, or with any changes required or ordered by said Engineer, which in his
opinion are necessary or required to complete the work.
SUBDIVISION AGREEMENT
(Revised 10/28104)
f,�
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required soils
testing- and investigation during the construction of the improvements.
3. Work Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, approved by the City Engineer and upon which he has
endorsed his approval, and to the satisfaction of the City Engineer.
4. Work Time for Commencement and Performance
City hereby fixes the time for the commencement of said work to be not later than six (6) months after
date of this agreement, and for its completion to be within 360 calendar days from the date when the
map is approved by the City Council. At least fifteen (15) calendar days prior to commencement of work
here under, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for
commencement thereof, so that the City Engineer shall be able to provide services for inspection.
5. Time is of Essence - Extension
Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the
City Council may extend the time for completion of the improvements here under. Any such extension
may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall
be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an
extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and
monuments shown on the map which have been destroyed or damaged, as the case may be. or pay to the
owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason
of any work done here under, whether such property be owned by the United States or any agency
thereof, or the State of California, or any public agency or political subdivision thereof, or by the City or
by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall
be to the satisfaction, and subject to the approval of the City Engineer.
7. Utility Deposits. Provision
Subdivider shall make all deposits legally required by each public utility corporation involved in the
provision of services for the subdivision for the connection of any and all public utilities to be supplied
by such public utility corporation within the subdivision, and shall ensure that utilities are available to
said subdivision prior to final occupancy thereof.
SUBDIVISION AGREEMENT
(Revised 1(1!28/04)
8. Permits. Compliance With Law
Subdivider shall, at Subdivider's expense, obtain all necessary -permits and licenses for the construction
of such improvements, give all necessary notices and pay all fees and taxes required by law.
8.5 Improvement Requirements on Land Not Owned by Subdivider or City
In accordance with Section 66462.5 of the Government Code, the City requires the Subdivider to pay the
cost of acquiring offsite real property interests required in connection with the subdivision, including but
not limited to, appraisal fees, title reports, surveying of land to be acquired, witness fees, attorney fees
and all costs of acquisition whether by settlement with property owners or eminent domain proceedings.
The Subdivider may secure the performance of this provision by separate improvement security subject
to the approval of the City Attorney.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said improvement, or have a competent
foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress,
with authority to act for Subdivider.
10. Inspections
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City to
all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays, Sundays, and
holidays.
The Subdivider shall make cash deposits of such amounts with the City as are determined by the City
Engineer, from time to time, to be necessary to cover such anticipated inspection and engineering costs,
pursuant to Section 15.11.040 of the San Rafael Municipal Code.
When required by the conditions for approval of the Tentative Map, the City may require the work or
improvements or part thereof to be inspected by an outside consultant selected by the City Engineer. The
Subdivider shall be responsible for all fees, costs and expenses for said inspection services.
The inspection of work shall not relieve the Subdivider of any of his obligations to complete the
improvements as prescribed. Defective work shall be made good and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials may have been
previously overlooked and accepted by the City Engineer.
11. Improvement Security (100% of Approved Engineer's Estimate)
Prior to the filing of the application for final map with the City Council, the Subdivider shall present to
and file with the City a surety bond in the sum of Eighty Two Thousand Eight Hundred and Fives Dollars
and No Cents ($82,805.00), issued by a company duly and regularly authorized to do general surety
business in the State of California, conditioned upon the faithful performance of this agreement and by
its terms made to inure to the benefit of the City. The surety on said bond shall be satisfactory to the City
Engineer, and the form of the surety bond shall be satisfactory to the City Attorney.
SUBDIVISION AGREEMENT
(Revised 10!28104)
Liability under said bond shall be released upon satisfactory completion of all work and Public
Improvements and acceptance thereof by the City Engineer pursuant to San Rafael Municipal Code
Section 15.11.150.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above, in
lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City as a
guarantee for the faithful performance of this agreement. The City Treasurer may disburse progress
payments to the Subdivider on his order as the work progresses; provided first that the Subdivider shall
submit a demand for a progress payment together with supporting documentation of the work performed,
and the demand for payment and the amount is approved in writing by the City Engineer of the City. No
progress payment allowable here under shall be made for more than ninety percent (90%) of the value of
any installment of work and not before each installment of work shall have been completed to the
satisfaction of the City Engineer.
In lieu of the surety bond or cash, a letter of credit in the full amount of the required performance bond
may be deposited with City upon condition that the financial institution furnishing the credit pledges to
the City that it has the funds necessary, that the funds are on deposit as guarantee for the Subdivider's
performance under this Agreement, that the said funds are held in trust for the purposes set forth in this
Agreement, and that it shall, upon presentation of a written statement of default of this Agreement by
City, pay City the full face value of the Letter of Credit. Said letter of credit shall not be reduced by the
amount of progress payments and shall only be released within thirty-five (35) days of the filing of the
Notice of Completion of said improvements. The Letter(s) of Credit shall be in a form acceptable and
approved by the City Attorney.
13. Labor and Material Bond (50% of Approved Engineer's Estimate)
The Subdivider shall furnish security in the amount of Forty One Thousand four Hundred and Two
Dollars and Fifty Cents ($41,402.50) securing payment to the contractors, subcontractors, suppliers or
any other persons or entities renting equipment or furnishing labor or materials for the Public
Improvements required to be made by this instrument. The security may be cash, surety bond, or
documentary instrument of credit satisfactory to City. Such security shall be retained by the City for a
period of ninety (90) days following acceptance of the Public Improvements by the City, or for such
other period as may be required or permitted pursuant to the provisions of law governing the release of
labor and material bonds.
In lieu of the surety bond or cash, a letter of credit in the full amount of the required labor and materials
bond may be deposited with City upon condition that the financial institution furnishing the credit
pledges to the City that it has the funds necessary, that the funds are on deposit as guarantee for the
Subdivider's payment of his contractors, subcontractors, suppliers or any other persons or entities renting
equipment or furnishing labor or materials for the improvements, that the said funds are held in trust for
the purposes set forth in this Agreement, and that it shall, upon presentation of a written statement of
default of this Agreement by City, pay City the full face value of the Letter of Credit. Said letter of credit
shall not be reduced by the amount of progress payments and shall only be released within thirty-five
(35) days of the filing of the Notice of Completion of said improvements. The Letter(s) of Credit shall be
in a form acceptable and approved by the City Attorney.
SUBDIVISION AGREEMENT 4
(Revised 10128104)
14. Monumentation Bond
Subdivider shall furnish a bond or cash deposit in the amount of
NOT APPLICABLE
dollars ($ N.A. ) guaranteeing the payment for installation of permanent monumentation.
The monumentation shall be done to the satisfaction of the City Engineer and shall be completed 365
calendar days from the actual date of commencement.
15. Maintenance Bond (10% of the Improvement Cost)
Subdivider shall furnish prior to acceptance of the improvements by the City a maintenance bond in the
amount of Eight Thousand Two Hundred Eighty Dollars and Fifty Cents ($8,280.50) guaranteeing said
Public Improvements for a period of two years from date of acceptance. Said maintenance bond shall be
provided prior to City's issuance of a Certificate of Occupancy for the underlying development project.
In lieu of the surety bond or cash, a letter of credit in the full amount of the required maintenance bond
may be deposited with City upon condition that the financial institution furnishing the credit pledges to
the City that it has the funds necessary, that the funds are on deposit as guarantee for the Subdivider's
performance of required maintenance under this Agreement, that the said funds are held in trust for the
purposes set forth in this Agreement, and that it shall, upon presentation of a written statement of default
of this Agreement by City, pay City the full face value of the Letter of Credit. Said letter of credit shall
not expire less than two years after the Notice of Completion has been filed. The Letter(s) of Credit shall
be in a form acceptable and approved by the City Attorney.
16. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions,
officers, agents, and employees harmless from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property damage which may arise from Subdivider or
Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's contractors,
subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend,
indemnify and hold harmless the City and its elective and appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have
been caused, by reason of any of the aforesaid operations.
A City does not, and shall not, waive any rights against Subdivider which it may have by reason of
the aforesaid hold harmless agreement, because of the acceptance by City of the deposit with
City by Subdivider of any of the insurance policies described in paragraph 18 hereof.
B. The aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations, regardless of whether or not City has prepared, supplied or approved of
plans, specifications, or either, for the subdivision, and regardless of whether or not any
insurance policies shall have been determined to be applicable to any of such damages or claims
for damages.
SUBDIVISION AGREEMENT
(Revised 10'28+04)
C. Subdivider agrees that the use of any and all streets and public improvements herein above
required to be constructed shall be, at all times prior to the final acceptance of the subdivision by
the City, the sole and exclusive risk of the Subdivider. The City may. at its sole option, issue
permission to occupy all or a portion of the improvements prior to Final Acceptance of said
Improvements. The issuance of any permission to occupy such Public Improvements located
within the said subdivision shall not be construed in any manner to be an acceptance and
approval of any or all of said streets and improvements in said subdivision, or that stage of
development of said streets and improvements represented by their conditions at the time of
issuance of said occupancy permit or permits, or any stage of their development reached between
the period commencing with the issuance of any occupancy permit, and the final acceptance of
said subdivision.
17. Protection of Public Safety
The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect and
maintain all necessary barricades, signs and warning devices necessary to ensure public protection. In the
event that City discovers a condition on the site which in its determination constitutes an immediate
danger to public safety, and Subdivider cannot respond at once, City may erect any barriers, signs and
warning devices it deems necessary. In such event, Subdivider shall pay for the labor of City's crews at
the rate of thirty five ($35.00) dollars per hour per man-, plus the cost of any materials used and a
reasonable fee for use of any barricades found necessary. In no event shall Subdivider pay less than one
hour minimum per man assigned if City takes action pursuant to this paragraph.
18. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all
insurance required under this paragraph and such insurance shall have been approved by the City
Attorney as to form and City Manager as to sufficiency, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained and approved. All requirements herein provided
shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
Subdivider and/or his contractors and/or subcontractors shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work here under by the Subdivider, his agents, representatives,
employees, contractors or subcontractors.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence from
CGY 000 1).
2. Insurance Services Office form number CA 0001 (Ed. 1:87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
B. Minimum Limits of Insurance Subdivider shall maintain limits no less than:
1. General Liability: $1,000,000 per
property damage. If Commercial
general aggregate liability is use
separately to this project/location
required occurrence limit.
SUBDIVISION AGREEMENT
(Revised 1&28:04)
occurrence for bodily injury, personal injury and
General Liability Insurance or other form with a
1, either the general aggregate limit shall apply
or the general aggregate limit shall be twice the
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $ 1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured
retentions as respects the City, its officers, officials, employees, and volunteers, or the
Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
1. The City. its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Subdivider; products and completed operations of the Subdivider, premises owned or
used by the Subdivider; or automobiles owned, leased, hired or borrowed by the
Subdivider. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Subdivider's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Subdivider's insurance
required and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Subdivider's insurance shall apply separately to each insured against whom claim is
made or suit is brought except, with respect to the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days' prior to written notice by certified mail, return receipt
requested, has been given.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than 'A".
F. Verification of Coverage
Subdivider shall furnish the City with original endorsements effecting coverage required by this
clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of
all required insurance policies, including endorsements effecting the coverage required by these
specifications.
SUBDIVISION AGREEMENT
(Revised WiH104)
G. Subcontractors
Subdivider shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
19. Title of Improvements
Title to, and ownership of, all improvements within accepted public right of way and public easements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of
such improvements by City, as evidenced by the filing of the Notice of Completion with the County
Recorder.
20. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the n ork performed under this agreement, any
structure or part of any structure furnished or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the
requirements of this agreement or the specifications referred to herein, Subdivider shall without delay
and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Liability under the contracts of surety or guarantee referred to in
paragraphs 11 and 12 of this agreement shall be released upon the completion of all work and public
improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision Map
Act of the State of California. Should Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus
fifteen percent (15%).
21. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents
of City in connection with the performance of Subdivider's obligations under this agreement.
22. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such
diligence as will ensure its completion within the time specified, or any extensions thereof, or fails to
obtain completion of said work within such time. or if Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's insolvency, or if Subdivider,
or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the
provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider
and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
23. Breach of Agreement. Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the
work and improvements herein specified; provided however. that if the surety, within thirty (30) days
after the serving upon it of such notice of breach, does not give City written notice of its intention to take
SUBDIVISION AGREEMENT
(Revised 10/28/04)
over the performance of the contract and does not commence performance City may elect to take over the
work and prosecute the same to completion, by contract or by any other method City may deem
advisable, for the account and at the expense of Subdivider, and in such event, City, without liability for
so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and
other property belonging to Subdivider as may be on the site of the work and necessary therefor. The
Subdivider shall be liable to the City for any excess costs, claims, damages, liability, or expenses of
whatever nature or kind, direct or indirect, including reasonable attorney fees which are directly or
indirectly caused by the execution and enforcement of this agreement.
24. Notices
All notices herein required shall be in writing and delivered in person or sent by registered or certified
mail, postage prepaid. Notices required to be given shall be addressed as follows:
City: Subdivider Insurance Company: n
City of San Rafael S"zipS q GCd (WS t I� M �V- qr-No",
P. O. Box 151560 'Q 19,c] U
San Rafael, Ca. 94915-1560
Attention: Andrew J. Preston (PW Director)
Subdivider: (i '
j6h �
t4tM CwA.L�%4j b.IWCL..
(6-75 GRAO AV6
5a%& (? CA- a14 ab I
A+W1. Z,-�kZ4. )
Surety of Subdivider: l._ -Nt : c C"� <ri• i
j�l v v a 4L-3 C c) Li It Ll It
It is provided that any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
25. Binding of Agreement
This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal
representatives, executors, administrators, successors in office or interest, and assigns.
26. Legal Fees
In the event that legal action is necessary to enforce any provision of this agreement, the prevailing party
shall be entitled to reasonable attorney fees and legal costs.
27. Agreement an Offer Until Accepted by City
It is recognized that this agreement executed by the Subdivider is submitted at the time of application for
approval of the final subdivision map, and prior to approval of said final subdivision map, and prior to
SUBDIVISION AGREEMENT 9
(Revised 10'28104)
E.
approval of said final map by the City Council. Until approval of said final map and execution of this
agreement by City, this agreement shall constitute an offer and may be withdrawn or modified by
Subdivider, but upon such withdrawal, and until an executed agreement acceptable to City is submitted.
the entire application for final map shall be considered withdrawn.
Dated this 6th day of DECEMBER,2004
CITY OF SAN RAFAEL:
By: r
Albert Boro
Mayor
ATTEST:
Je ne M. Leoncini
CITY CLERK
A.
G
City Attorney
APPROVED AS TO CONTENT:
Andrew J. Preston
City Engineer
APPROVED:
City Manager
SUBDIVISION AGREEMENT 10
(Revised 10/28.'04)
SUBIVIDER:
By:
J, r�cSG
Title:
By:
Title: pa�
(If the Subdivider executing this agreement is a
corporation, a certified copy of the By -Laws or
Resolution of the Board of Directors authorizing
officers of said corporation to execute this
agreement shall be annexed hereto. Subdivider's
signature(s) must be Notarized.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
(A( i it ss.
OnkV e-,"' `[i Abba before me, DeA� 5 G H, N I9Per, K4 .Mlle_
Date , i� � �� " Name and Till, of Ricer g ,,"Jane e,, Notary Pub;: -1
personally appeared �1 e�yjjt Ci. NP I- OI _YA�t!_,�n
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
_ subscribed to the within instrument and
1 DENISE M. NIPPER p acknowledged to me that he/she/they executed
p COMM. #1341179 D the same in his/her/their authorized
NOTARYPUBLIC-CALIFORNIA capacity(ies), and that by his/her/their
yr MARIN COUNTY O
My Comm. Expires Jan. 25, 2006 1 signature(s) on the instrument the person(s), or
- - - - - „ „ „ the entity upon behalf of which the person(s)
acted, executed the instrument.
NESS my hand and offici I seal.
kkovwk�'M 1
Signature of Notary Pbblic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 6ube Ark i s Lv e m mk A f(UMeA_�
Document Date: I O 1g,"_ Number of Pages: 10
Signer(s) Other Than Named Above: N ( A
Capacity(ies)Claimed by Signer
Signer's Name:* � Q� C•
ElIndividual gal Si)l Avii I -_` ?. Se e+&1,, S
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representin r Il cbYKA4 /11 C j,l e+,
Top of thumb here
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworlh, CA 913132402 • www.nationalnotary.org Prod No 5907 Reorder: Call Toll -Free 1.000.676.6627
Trinity Community Ch
1 CONSTITUTION AND BYLAWS
2 for
3 TRINITY COMMUNITY CHURCH
Constitution
4
5
6
7 PREAMBLE
8
9
10 WHEREAS, it is the express purpose of Almighty God, our Creator and Heavenly
11 Father, to call out of the world a people confessing Jesus Christ as Lord, who shall
12 constitute the Body or Church of our Lord Jesus Christ, built and established upon the
13 foundation of the Apostles and Prophets, Jesus Christ Himself being the Chief
14 Cornerstone; and
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
WHEREAS, God having ordained that His Universal Church should find its
expression in and through local churches, enjoining them to assemble together for
worship, fellowship, counsel, and instruction in the Bible, the inspired and inerrant Word
of God, and for the work of the ministry, and for the exercise of those spiritual gifts and
offices provided for in the New Testament,
THEREFORE BE IT RESOLVED, that we whose names appear on the local
church roster as of this date do recognize ourselves as a local assembly under the headship
of the Lord Jesus Christ, first organized as such on February 4, 1947, and do affirm
ourselves to be in cooperative fellowship with the General Council of the Assemblies of
God, with headquarters in Springfield, Missouri, and an active member of the Assemblies
of God, Northern California and Nevada District Council, a California corporation, and
do hereby adopt the following Articles of Church Order this nineteenth day of February in
the year of our Lord, 1995, these to supplement the Articles of Incorporation and to
supersede any and all other rules of church order.
Revised: September 26, 2004
1
r
Trinity Community Church Constitution
1 CONSTITUTION
2
4 ARTICLE I - NAME
5
6 The legal name of this church shall be Trinity Community Church of San Rafael.
8
9
10 ARTICLE II - PRINCIPLES
11
12 Section 1: We hold Jesus Christ to be God the Creator in human form, the Word
13 made flesh, who loved the Church and gave Himself for the Church, and is its living Head
14 and Lord in all things. (John 1:1,14; Colossians 1:15-19)
15 Section 2: We hold that the Holy Spirit is the Revealer of all truth and is the direct
16 Agent to and through Christ's Church in fruit, gifts, and ministries. (John 16:13,14;
17 Galatians 5:22,23; 1 Corinthians 12:4-11; Romans 12:1-8; Ephesians 4:7-16)
18 Section 3: We hold that the Word of God, the Bible, is the only inspired, inerrant,
19 infallible, and authoritative truth, and is supreme in all matters governing the local church
20 in keeping with the spirit of Christ.
21 Section 4: We hold it basic that every Christian should love the Lord Jesus Christ
22 above all and should endeavor to keep the unity of the spirit in the bond of peace ... till we
23 all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect
24 man, unto the measure of the stature of the fullness of Christ. (Mark 12:29-31; Ephesians
25 4:1-16)
26 Section 5: We hold as scriptural and fundamental that form of church government
27 which is a voluntary fellowship, the local church being sovereign under Christ.
28
29
30
31 ARTICLE III - PURPOSE
32
33 Section 1: To love, honor, obey, and serve Almighty God, our Creator and Sustainer,
34 the Ruler of the universe, and His Son, the Lord Jesus Christ, and the Holy Spirit, to
35 glorify God in both word and deed, by worship and witness, public and private.
36 Section 2: To honor the Bible, God's eternal, authoritative, inspired, and inerrant
37 Woid through loving obedience,.to give the Spirit of God the freedom to magnify Christ,
38 edify the Church, and draw the world to Christ through the distinctive manifestations of
39 His gifts and: ministries.
40 'Section' -j: - To propagate the Gospel of Jesus Christ among all peoples and establish
41 other churches and training centers by all available means, both here in America and
42 throughout tha.-world, in obedience to the command of the Lord Jesus Christ (Matthew
43 28:1-1-20), ald ir. harmony with the teaching and practice of His servants, the Apostles, to
44 provide training for every believer in effective Biblical evangelism, to promote the
Revised: September 26, 2004
Trinity Community Chu. Constitution
1 involvement of every Christian in the support of a program of world evangelization and
2 missionary endeavors.
3 Section 4: To establish and maintain a place of worship to God, our Heavenly Father
4 and the Lord Jesus Christ, His Son, through the agency and power of the Holy Spirit, to
5 provide Christian fellowship, instruction, counsel, and edification, to provide for a House
6 of Prayer and Intercession, to provide the educational and charitable institutions necessary
7 to fulfill, as God leads, His Biblical mandates.
8
9
10
11 ARTICLE IV - PREROGATIVES
12
13 Section 1: Standards
14 (a) To accept the responsibility to maintain scriptural order in the local church.
15 (b) To have a standard of membership determined by the local church and to
16 discipline, disciple, and care for its members according to its Bylaws and the
17 Scriptures.
18 Section 2: Government - To choose or call its pastor, elect its officers and transact
19 all other business pertaining to its life and conduct as a local church.
20 Section 3: Promotion
21 (a) To promote the evangelization of our community, our district, our nation, and the
22 world by all scriptural means.
23 (b) To establish and maintain such departments and institutions as may be deemed
24 necessary for the propagation of the Gospel, for academic education based on a
25 distinctively Christian world-view, and for the work of the assembly.
26 (c) To promote unity among the Body of Christ, regardless of denominational
27 affiliation.
28 Section 4: Property - To have the right to buy, or otherwise acquire, lease, sell, or
29 otherwise dispose of such property, real, personal and mixed, tangible and intangible, or
30 whatsoever kind as may be useful for the execution of the work and purposes of the local
31 church.
32
33
34
35 ARTICLE V - RELATIONSHIP
36
37 Section 1: Affiliation - While recognizing its inherent right to sovereignty in the
38 conduct of its own affairs, this local church voluntarily enters into full cooperative
39 fellowship with and as a member of THE GENERAL COUNCIL OF THE ASSEMBLIES
40 OF GOD, a Missouri Nonprofit Corporation, Springfield, Missouri, and likewise in
41 fellowship with and as a member of the ASSEMBLIES OF GOD, NORTHERN
42 CALIFORNIA AND NEVADA DISTRICT COUNCIL, INC., a California Corporation,
43 and subject to their superior authority in matters of doctrine and conduct, which
44 corporations are hereinafter referred to as "General Council' and "District Council',
45 respectively, or collectively referred to simply as "Assemblies of God".
Revised: September 26, 2004 3
Trinity Community Church
Constitution
1 Section 2: Privileges, Responsibilities, Representation - This church shall share in
2 privileges and assume responsibilities enjoined by affiliations mentioned above in
3 accordance with the Constitution and By-laws of each the General Council and the
4 District Council, as such regulations are now and may from time to time be amended,
5 including representation at both the General Council and the District Council business
6 sessions through its delegates who have been selected by the membership of this church
7 or its Official Board.
8 Section 3: Ministerial Personnel - In view of the above mentioned affiliations
9 (Section 1), and in the interest of maintaining general unity and harmony, the Lead
10 (Senior) Pastor shall be an ordained minister with the Assemblies of God in good
I 1 standing. Associate or Assistant Pastor(s), and other personnel of the pastor's staff shall
12 be duly credentialed ministers with the same or another recognized organization.
13 Section 4: Organizational Assistance - If at any time this church encounters any
14 internal or external problems which cannot be reasonably and expeditiously resolved by
15 action of the membership or the Official Board, the church shall seek the services and
16 assistance of District Council or General Council upon request of the Pastor, or a majority
17 of the Official Board, or upon petition of the membership. Such petition of the
18 membership shall be in written form, and shall require the signatures of at least twenty
19 percent (20%) of the current active membership of the church, and shall be addressed to
20 District Council, and presented to the District Superintendent of District Council. Such
21 petition shall specifically but briefly recite the details of the matter for which assistance is
22 requested, and particularly describe features of dispute or administrative frustrations.
23 Upon such presentation to the District Council, it shall be deemed to be a petition on
24 behalf of the church, as an initiative of the membership, whereupon the District Council,
25 District Superintendent, or Presbytery should take appropriate action or undertake to
26 provide necessary services as are available.
27 Section 5: District Council Assistance in Church Administration - If at any time
28 the business of this church cannot be adequately undertaken and performed by its
29 administrators through the Official Board, or when a proper Official Board is not
30 available or functioning, the church may, by request of its Official Board or at least 51%
31 of its then current active membership, petition the Presbytery of District Council to serve
32 as the Official Board, to so serve until such time as the Presbytery and the membership of
33 this church agree that the membership should resume full responsibility for its affairs.
34 Neither District Council nor the Presbytery of District Council shall be deemed to assume
35 any personal responsibility or liability for debt or other obligations of the church in taking
36 such action as may be necessary in these instances, unless affirmatively so stated.
37 Section 6: Minimum Number for Viable Membership - If the membership of this
38 sovereign local church falls below twenty (20) in number, the local church shall revert to
39 District Affiliated status until such time as it is able to resume full responsibility for its
40 continuance.
41 Section 7: Dedication and Dissolution- This Corporation is one which does not
42 contemplate pecuniary gain or profit to the members there of, and it is organized solely for
43 non-profit purposes, any and all assets of the Corporation are irrevocably dedicated to
44 religious and charitable purposes and no part of any net earnings or assets shall inure to
45 the benefit of any member or any other individual. Upon the winding up and dissolution
Revised: September 26, 2004
Trinity Community Chu,_ Constitution
1 of this Corporation, after paying or adequately providing for the debts and obligations of
2 the Corporation, the remaining assets shall be distributed to the ASSEMBLIES OF GOD,
3 Northern California and Nevada District Council, Inc., a California non-profit
4 corporation, or in the event that said ASSEMBLIES OF GOD, Northern California and
5 Nevada District Council, Inc., is not then in existence or has not established its tax exempt
6 status under Section 501(c)(3) of the Internal Revenue Code, then said assets shall be
7 distributed to the GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a non-profit
8 corporation with International Headquarters in Springfield, Missouri, or in the event that
9 said GENERAL COUNCIL OF THE ASSEMBLIES OF GOD is not then in existence or
10 has not established its tax exempt status under Section 501(c)(3) of the Internal Revenue
11 Code, then said assets shall be distributed to a non-profit fund, foundation, or corporation
12 which is organized and operated exclusively for religious and charitable purposes in
13 harmony with the purposes of the above named corporations and which has established its
14 tax exempt status under Section 501(c)(3) of the Internal Revenue Code. If this
15 Corporation holds any assets in trust, such assets shall be disposed of in such manner as
16 may be directed by decree of the Superior Court of the county in which this Corporation's
17 principal office is located upon petition thereof by the Attorney General or by any person
18 concerned in the liquidation. (Revised November 26, 1966).
19
20
21
22 ARTICLE VI - TENETS OF FAITH
23
24 This local church shall accept the Holy Scriptures as the revealed will of God, the all -
25 sufficient rule of faith and practice, and for the purpose of maintaining general unity,
26 adopts the Statement of Fundamental Truths approved by the General Council of the
27 Assemblies of God. (Revised 1961 General Council)
28
29 1. The Scriptures Inspired
30 The Scriptures, both the Old and New Testaments, are verbally inspired of God and are
31 the revelation of God to man, the infallible, authoritative rule of faith and conduct.
32 (2 Timothy 3:15-17; 1 Thessalonians 2:13; 2 Peter 1:21)
33
34 2. The One True God
35 The one true God has revealed himself as the eternally self -existent "I AM," the Creator of
36 heaven and earth and the Redeemer of mankind. He has further revealed himself as
37 embodying the principles of relationship and association as Father, Son, and Holy Ghost.
38 (Deuteronomy 6:4; Isaiah 43:10, 11; Matthew 28:19; Luke 3:22)
39
40 THE ADORABLE GODHEAD
41 (a) Terms Defined
42 The terms "Trinity" and "persons", as related to the Godhead, while not found in the
43 Scriptures, are words in harmony with Scripture, whereby we may convey to others our
44 immediate understanding of the doctrine of Christ respecting the Being of God, as
45 distinguished from "gods many and lords many." We therefore may speak with propriety
Revised: September 26, 2004
Trinity Community Church
Constitution
1 of the Lord our God, who is one Lord, as a Trinity or as one Being of three persons, and
2 still be absolutely scriptural. (Matthew 28:19; 2 Corinthians 13:14; John 14:16, 17)
3 (b) Distinction and Relationship in the Godhead
4 Christ taught a distinction of Persons in the Godhead which He expressed in specific
5 terms of relationship, as Father, Son, and Holy Ghost, but that this distinction and
6 relationship, as to its mode, is inscrutable and incomprehensible because unexplained.
7 (Luke 1:35; I Corinthians 1:24; Matthew 11:25-27; 28:19; 2 Corinthians 13:14;
8 1 John 1:3,4)
9 (c) Unitv of the One Beim of Father, Son, and Holy Ghost
10 Accordingly, therefore, there is that in the Son which constitutes Him the Son and not the
I 1 Father, and there is that in the Holy Ghost which constitutes Him the Holy Ghost and not
12 either the Father or the Son. Wherefore the Father is the Begetter, the Son is the
13 Begotten, and the Holy Ghost is the one proceeding from the Father and the Son.
14 Therefore, because these three persons in the Godhead are in a state of unity, there is but
15 one Lord God Almighty and His name one. (John 1:18; 15:26; 17:11, 21; Zechariah 14:9)
16 (d) Identitv and Cooueration in the Godhead
17 The Father, the Son, and the Holy Ghost are never identical as to Person, nor confused as
18 to relation, nor divided in respect to the Godhead; nor opposed as to cooperation. The
19 Son is in the Father and the Father is in the Son, as to relationship. The Son is with the
20 Father and the Father is with the Son, as to fellowship. The Father is not from the Son,
21 but the Son is from the Father, as to authority. The Holy Ghost is from the Father and the
22 Son proceeding, as to nature, relationship, cooperation and authority. Hence, neither
23 Person in the Godhead either exists or works separately or independently of the others.
24 (John 5:17-30, 32, 37; John 8:17, 18)
25 (e) The Title. Lord Jesus Christ
26 The appellation, "Lord Jesus Christ," is a proper name. It is never applied in the New
27 Testament either to the Father or to the Holy Ghost. It, therefore, belongs exclusively to
28 the Son of God. (Romans 1:1-3, 7; 2 John 3)
29 (f) The Lord Jesus Christ, God with us
30 The Lord Jesus Christ, as to His divine and eternal nature, is the proper and only Begotten
31 of the Father, but as to His human nature, He is the proper Son of Man. He is, therefore,
32 acknowledged to be both God and man who because He is God and Man is "Immanuel",
33 God with us. (Matthew 1:23; 1 John 4:2, 10, 14; Revelation 1:13, 17)
34 (g) The Title, Son of God
35 Since the name "Immanuel' embraces both God and man in the one Person, our Lord
36 Jesus Christ, it follows that the title, Son of God, describes His proper deity and the title,
37 Son of Man, His proper humanity. Therefore, the title, Son of God, belongs to the order
38 of eternity, and the title, Son of Man, to the order of time. (Matthew 1:21-23; 2 John 3; 1
39 John 3:8; Hebrews 7:3; 1:1-13)
40 (h) Transgression of the Doctrine of Christ
41 Wherefore, it is a transgression of the Doctrine of Christ to say that Jesus Christ derived
42 the title, Son of God, solely from the fact of the incarnation, or because of His relation to
43 the economy of redemption. Therefore, to deny that the Father is a real and eternal Father,
44 and that the Son is a real and eternal Son, is a denial of the distinction and relationship in
Revised: September 26, 2004 6
Trinity Community Chum..
Constitution
1 the Being of God, a denial of the Father and the Son, and a displacement of the truth that
2 Jesus Christ is come in the flesh. (2 John 9; John 1:1, 2, 14, 18, 29, 49;
3 1 John 2:22, 23; 4:1-5; Hebrews 12:2)
4 (i) Exaltation of Jesus Christ as Lord
5 The Son of God, our Lord Jesus Christ, having by himself purged our sins, sat down on
6 the right hand of the Majesty on high. Angels and principalities and powers having been
7 made subject unto Him, and having been made both Lord and Christ, He sent the Holy
8 Ghost that we, in the name of Jesus, might bow our knees and confess that Jesus Christ is
9 Lord to the glory of God the Father until the end, when the Son shall become subject to
to the Father that God may be all in all. (Hebrews 1:3; 1 Peter 3:22; Acts 2:32-36;
11 Romans 14:11; 1 Corinthians 15:24-28)
12 (j) Equal Honor to the Father and to the Son
13 Wherefore, since the Father has delivered all judgment unto the Son, it is not only the
14 express duty of all in heaven and on earth to bow the knee, but it is an unspeakable joy in
15 the Holy Ghost to ascribe unto the Son all the attributes of Deity, and to give Him all the
16 honor and the glory contained in all the names and titles of the Godhead (except those
17 which express relationship- see paragraphs b, c, and d), and thus honor the Son even as
18 we honor the Father. (John 5:22, 23; 1 Peter 1:8; Revelation 5:6-14; Philippians 2:8, 9;
19 Revelation 7:9, 10; 4:8-11)
20
21 3. The Deitv of the Lord Jesus Christ
22 The Lord Jesus Christ is the eternal Son of God. The Scriptures declare:
23 (a) His virgin birth. (Matthew 1:23; Luke 1:31, 35)
24 (b) His sinless life. (Hebrews 7:26; 1 Peter 2:22)
25 (c) His miracles. (Acts 2:22; 10:38)
26 (d) His substitutionary work on the cross. (1 Corinthians 15:3; 2 Corinthians 5:21)
27 (e) His bodily resurrection from the dead. (Matthew 28:6; Luke 24:39;
28 1 Corinthians 15:4)
29 (f) His exaltation to the right hand of God. (Acts 1:9, 11; 2:33; Philippians 2:9-11;
30 Hebrews 1-3)
31
32 4. The Fall of Man
33 Man was created good and upright for God said, "Let us make man in our image, after our
34 likeness." However, man by voluntary transgression fell and thereby incurred not only
35 physical death but also spiritual death which is separation from God.
36 (Genesis 1:26, 27; 2:17; 3:6; Romans 5:12-19)
37
38 5. The Salvation of Man
39 Man's only hope of redemption is through the shed blood of Jesus Christ, the Son of God.
40 (a) Conditions to Salvation - Salvation is received through repentance toward God
41 and faith toward the Lord Jesus Christ. By the washing of regeneration and renewing of
42 the Holy Ghost, being justified by grace through faith, man becomes an heir of God
43 according to the hope of eternal life.
44 (Luke 24:47; John 3:3; Romans 10:13-15; Ephesians 2:8; Titus 2:11; 3:5-7)
Revised: September 26, 2004
Trinity Community Church
Constitution
1 (b) The Evidences of Salvation - The inward evidence of salvation is the direct
2 witness of the Spirit, (Romans 8:16) The outward evidence to all men is a life of
3 righteousness and true holiness. (Ephesians 4:24; Titus 2:12)
4
5 6. The Ordinances of the Church
6 (a) Baptism in Water - The ordinance of baptism by immersion is commanded in the
7 Scriptures. All who repent and believe on Christ as Savior and Lord are to be baptized.
8 Thus, they declare to the world that they have died with Christ and that they also have
9 been raised with Him to walk in newness of life. (Matthew 28:19; Mark 16:16; Acts
10 10:47,48; Romans 6:4)
11 (b) Holy Communion - The Lord's Supper, consisting of the elements --bread and the
12 fruit of the vine is the symbol expressing our sharing the divine nature of our Lord Jesus
13 Christ (2 Peter 1:4), a memorial of His suffering and death (1 Corinthians 11:26), and a
14 prophecy of His second coming (1 Corinthians 11:26), and is enjoined on all believers
15 "till He come!"
16
17 7. The Baatism in the Holv Ghost
18 All believers are entitled to and should ardently expect and earnestly seek the promise of
19 the Father, the baptism in the Holy Ghost and fire, according to the command of our Lord
20 Jesus Christ. This was the normal experience of all in the early Christian Church. With it
21 comes the enduement of power for life and service, the bestowment of the gifts and their
22 uses in the work of the ministry (Luke 24:49; Acts 1:4, 8; 1 Corinthians 12:1-31). This
23 experience is distinct from and subsequent to the experience of the new birth (Acts 8:12-
24 17; 10:44-46; 11:14-16; 15:7-9). With the baptism in the Holy Ghost come such
25 experiences and an overflowing fullness of the Spirit (John 7:37-39; Acts 4:8), and
26 deepened reverence for God (Acts 2:43; Hebrews 12:28), an intensified consecration to
27 God and dedication to His work (Acts 2:42), and a more active love for Christ, for His
28 Word, and for the lost (Mark 16:20).
29
30 8. The Evidence of the Baptism in the Holv Ghost
31 The Baptism of believers in the Holy Ghost is witnessed by the initial physical sign of
32 speaking with other tongues as the Spirit of God gives them utterance (Acts 2:4). The
33 speaking in tongues in this instance is the same in essence as the gift of tongues
34 (1 Corinthians 12:4-10, 28), but different in purpose and use.
35
36 9. Sanctification
37 Sanctification is an act of separation from that which is evil, and of dedication unto God
38 (Romans 12:1, 2; 1 Thessalonians. 5:23; Hebrews 13:12). The Scriptures teach a life of
39 "holiness without which no man shall see the Lord" (Hebrews 12:14). By the power of
40 the Holy Ghost we are able to obey the command, Be ye holy, for I am holy. (1 Peter
41 1:15-16)
42 Sanctification is realized in the believer by recognizing his identification with Christ in
43 His death and resurrection, and by faith reckoning daily upon the fact of that union, and
44 by offering every faculty continually to the dominion of the Holy Spirit. (Romans 6:1-11,
45 13; 8:1, 2, 13; Galatians 2:20; Philippians 2:12, 13; 1 Peter 1:5)
Revised: September 26, 2004
Trinity Community Chwun Constitution
2 10. The Church and Its Mission
3 The Church is the Body of Christ, the habitation of God through the Spirit, with divine
4 appointments for the fulfillment of her great commission. Each believer, born of the
5 Spirit, is an integral part of the General Assembly and Church of the Firstborn, which are
6 written in heaven. (Ephesians 1:22, 23; 2:22; Hebrews 12:23)
7 Since God's purpose concerning man is to seek and to save that which is lost, to be
8 worshipped by man, and to build a body of believers in the image of His Son, the priority
9 reason -for -being of the Assemblies of God as part of the Church is:
10 (a) To be an agency of God for evangelizing the world.
11 (Acts 1:8; Matthew 28:19, 20; Mark 16:15, 16)
12 (b) To be a corporate body in which man may worship God. (1 Corinthians 12:13)
13 (c) To be a channel of God's purpose to build a body of saints being perfected in the
14 image of His Son. (Ephesians 4:11-16; 1 Corinthians 12:28; 1 Corinthians 14:12)
15 The Assemblies of God exists expressly to give continuing emphasis to this reason -for -
16 being in the New Testament apostolic pattern by teaching and encouraging believers to be
17 baptized in the Holy Spirit. This experience:
18 (a) Enables them to evangelize in the power of the Spirit with accompanying
19 supernatural signs. (Mark 16:15-20; Acts 4:29-31; Hebrews 2:3, 4)
20 (b) Adds a necessary dimension to worshipful relationship with God.
21 (1 Corinthians 2:10-16; 1 Corinthians 12, 13, and 14)
22 (c) Enables them to respond to the full working of the Holy Spirit in expression of
23 fruit and gifts and ministries as in New Testament times for the edifying of the
24 Body of Christ. (Galatians 5:22-26; 1 Corinthians 14:12; Ephesians 4:11, 12;
25 1 Corinthians 12:28; Colossians 1:29)
26
27 11. The Ministry
28 A divinely called and scripturally ordained ministry has been provided by our Lord for the
29 threefold purpose of leading the Church in:
30 (a) Evangelization of the world (Mark 16:15-20),
31 (b) Worship of God (John 4:23, 24),
32 (c) Building a body of saints being perfected in the image of His Son. (Ephesians
33 4:11-16)
34 12. Divine Healing
35 Divine healing is an integral part of the gospel. Deliverance from sickness is provided for
36 in the atonement and is the privilege of all believers. (Isaiah 53:4, 5; Matthew 8:16, 17;
37 James 5:14-16)
38
39 13. The Blessed Hope
40 The resurrection of those who have fallen asleep in Christ and their translation, together
41 with those who are alive and remain unto the coming of the Lord, is the imminent and
42 blessed hope of the church. (1 Thessalonians 4:16, 17; Romans 8:23; Titus 2:13; 1
43 Corinthians 15:51, 52)
44
Revised: September 26, 2004 9
Trinity Community Church
Constitution
1 14. The Millennial Reim of Christ
2 The second coming of Christ includes the rapture of the saints, which is our blessed hope,
3 followed by the visible return of Christ with His saints to reign on the earth for one
4 thousand years. (Zechariah 14;15; Matthew 24:27, 30; Revelation 1:7; 19:11-14; 20:1-6)
5 This millennial reign will bring the salvation of national Israel (Ezekiel 37:21, 22;
6 Zephaniah 3:19, 20; Romans 11:26, 27), and the establishment of universal peace. (Isaiah
7 11:6-9; Psalm 72:3-8; Micah 4:3, 4)
8
9 15. The Final Judgment
10 There will be a final judgment in which the wicked dead will be raised and judged
11 according to their works. Whosoever is not found written in the Book of Life, together
12 with the devil and his angels, the beast and the false prophet, will be consigned to
13 everlasting punishment in the lake which burneth with fire and brimstone, which is the
14 second death. (Matthew 25:46; Mark 9:43-48; Revelation 19:20; 20:11-15; 21:8)
15
16 16. The New Heavens and the New Earth
17 "We, according to His promise, look for new heavens and a new earth wherein dwelleth
18 righteousness" (2 Peter 3:13; Revelation 21, 22).
19
20
21
22 ARTICLE VII - MEMBERSHIP
23
24 Individuals shall be eligible for membership in this local church, who have been born
25 again (John 3:3-7), and who have been baptized by immersion (Matthew 28:19;
26 Colossians 2:12), and who give evidence of a personal living faith in the Lord Jesus
27 Christ, and who voluntarily subscribe to its tenets of faith and agree to be governed by its
28 Constitution and Bylaws as herein set forth.
29
30
31
32 ARTICLE VIII - CHURCH LEADERSHIP
33
34 Section 1: Conventional Terms - The terms pastor, pastoral staff, officer, and
35 deacon are generic and refer to either male or female gender as used in these documents.
36 Section 2: Corporate Officers - Three (3) persons shall serve as the legal officers of
37 this Corporation. The Pastor, by virtue of his office, shall be the President of this
38 Corporation. Two Deacons shall serve, respectively, as the Corporate Secretary and the
39 Corporate Treasurer.
40 Section 3: Deacons - No less than three (3) Deacons shall be chosen by the local
41 church to assist the Pastor in matters pertaining to the well-being of the local church.
42 Section 4: Ministerial Personnel - Any duly credentialed personnel may serve the
43 Pastor as members of the pastoral staff.
44 Section 5: Official Board - The Pastor and the Deacons shall be the Official Board
45 of this local church, with authority to transact the business of the local church according
Revised: September 26, 2004 10
Trinity Community Chum„
Constitution
1 to its Constitution and Bylaws, each member having one vote. No less than four (4)
2 persons shall serve as the Official Board at any time, except in an emergency, with the
3 approval of the local church.
4 Section 6: Departmental Leaders - Departmental leaders may be appointed, as
5 needed, by the Pastor.
6
7
8
9 ARTICLE IX - BUSINESS MEETINGS
10
11 There shall be an Annual Business Meeting of this local church at which time reports
12 shall be given and the election of officers shall take place. There shall also be Trimester
13 Progress Meetings for reports and other business. Special Business Meetings may be
14 called as provided for in Article VII, Section 2(c) of the Bylaws. Due notice of the
15 meetings shall be given as provided for in Article VII, Section 2(d) of the Bylaws.
16
17
18
19 ARTICLE X - FINANCES
20
21 Section 1: The church shall be financed according to Scriptural methods through
22 gifts, donations, tithes and offerings of the members and friends of the church (Malachi.
23 3:10; Matthew. 23:23; Hebrews. 7:4-9), and income and revenue from all other lawful
24 sources.
25 Section 2: The Official Board is empowered to approve the annual operation budget,
26 to review and determine all salaries and benefits, and to have general oversight in all
27 financial matters in every department in behalf of the local church, and to make any
28 adjustments necessary.
29
30
31 ARTICLE XI - AMENDMENTS
32
33 Amendments to this Constitution may be made at any regular or special business meeting
34 of the local church provided the voting members have been properly notified of such
35 purpose on at least three (3) Sundays prior to the business meeting (see Bylaws Article
36 VII, Section 2(d)), and that a copy of the proposed amendment(s) shall have been mailed
37 to the address of each member at least fourteen (14) days prior to the business meeting
38 and that the proposed amendment(s) shall be publicly posted in the local church for at
39 least fourteen (14) days prior to the business meeting. Amendments shall require a two -
40 thirds vote.
41
42
43
Revised: September 26, 2004 11
Trinity Community Church Bylaws
2 BYLAWS
5 ARTICLE I - PARLIAMENTARY LAW
7 In order to expedite the work of the local church and to avoid confusion in its
8 deliberations, the local church shall be governed by Robert's Rules of Order in keeping
9 with the spirit of Christian love and fellowship under the guidance of the Holy Spirit.
10
12 ARTICLE II - MEMBERSHIP
13
14 Section 1: Standard of Membership - The standard of membership of this local
15 church shall be:
16 (a) A clear-cut personal testimony of a "new birth" experience (regeneration by the Spirit
17 of God) (John 1:12-13; John 3:3-7; 1 Peter 1:18-25).
18 (b) Baptism by immersion in water (Matthew 28:19; Colossians 2:12).
19 (c) The express desire to live in the fullness of the Holy Spirit (Acts 2:4; Galatians 5:16,
20 22-26).
21 (d) Evidence of a devoted Christian lifestyle (Romans 6:4; Romans 13:13-14; Ephesians
22 4:17-32; Ephesians 5:1-2; 1 John 1:6-10).
23 (e) Subscription to the Tenets of Faith as set forth in the Constitution, Article VI (Acts
24 2:42).
25 (f) Agreement to be governed by the constituted leadership of this local church and by its
26 Constitution and Bylaws.
27 (g) Covenant to contribute regularly to the support and mission of this local church,
28 personally, spiritually, prayerfully, financially, and faithfully (1 Corinthians 6:1-2; 2
29 Corinthians 9:6-8; Malachi 3:8-12).
30 Section 2: Application and Reception of Members - Mature persons, 18 years of
31 age or older, who have been in attendance at church services for at least three (3) months
32 consecutively, may enroll in a membership inquiry class. Those who complete the class
33 and who satisfy the Standard of Membership (Section 1, above), may apply for
34 membership. Upon completion of the Membership Application Form and a signed
35 Covenant of Membership, the names of applicants shall be presented to the local church
36 by announcement in the weekly bulletin for at least three (3) Sundays, during which time
37 they may be interviewed by the Pastor as necessary. Anyone questioning the applicant's
38 qualifications shall make his concerns known directly to the Pastor. After the
39 announcement period is fulfilled, and with the Pastor's recommendation and the approval
40 of the Official Board, all qualified applicants shall be received into the membership of the
41 local church publicly at any of the regular services.
42 Section 3: Active Membership - Members who consistently satisfy the Standard of
43 Membership (Section 1, above) shall be considered active members, eligible to vote.
44 Exceptions to this rule may be made at the discretion of the Official Board. The pastoral
Revised: September 26, 2004 12
Trinity Community Chui,..�
Bylaws
1 staff and their spouses shall, by virtue of their offices, be voting members of the local
2 church.
3 Section 4: Revision of Membership Status - The Official Board is entrusted with
4 the task of maintaining an official, current roster of the membership, revising the status of
5 members as may become necessary, according to the following definitions and Bylaws
6 Article III.
7 Section 5: Inactive Membership - Members may be declared inactive at any meeting
8 of the Official Board for any of the following reasons:
9 (a) Willfully absenting themselves from the services of the local church without good
10 cause for a period of at least three (3) consecutive months.
11 (b) Permanent relocation out of the area.
12 (c) Ceasing to contribute to the support of the local church.
13 (d) Having been charged with misconduct.
14 (e) Being out of harmony with the teachings and ministries of this local church, its
15 Standard of Membership, or Tenets of Faith.
16 Those becoming inactive members shall lose their voting privileges pending investigation
17 and final decision in their case. (See Bylaws Article III, regarding procedure).
18 Section 6: Associate Membership - Members who live temporarily out of the area
19 due to schooling, job, military service, missionary service, or any other bona fide reason,
20 or are unable, for health reasons, to regularly attend services, and who desire to maintain
21 their membership with this local church, will be designated Associate Members, fully
22 accepted by the church, but without voting privileges.
23 Section 7: Junior Membership - Young people from the age of 12 through 17, who
24 give testimony of faith in Jesus Christ as Lord, having been baptized in water, and who
25 faithfully attend church services, may apply to the Pastor for Junior Membership in the
26 local church. Such membership shall not provide them voting privileges in church
27 business meetings.
28 Section 8: Transfer of Members
29 (a) Members in good standing desiring to be transferred to some other congregation
30 may apply to the Corporate Secretary of the local church for a letter, which shall be
31 granted on the approval of the Pastor and the Official Board, and shall be signed by the
32 Pastor and the Corporate Secretary.
33 (b) Members of other congregations desiring to transfer their membership to this local
34 church shall make application to the Pastor, according to Section 1, above, except that the
35 three-month waiting period is not required, and request or show from their former church a
36 Letter of Transfer, signed by the Pastor and/or Corporate Secretary, recommending their
37 acceptance. The application procedure will otherwise remain the same as in Section 1,
38 above.
39 Section 9: Removal of Membership - The Official Board is authorized to remove
40 from the membership the name of any member who has:
41 (a) Been Inactive for more than six (6) consecutive months.
42 (b) Requested in writing to withdraw their membership.
43 (c) Been received into membership in another local church.
44 (d) Deceased.
Revised: September 26, 2004 13
Trinity Community Church Bylaws
1 ARTICLE III - DISCIPLINE
3 Section 1: All discipline shall be prayerfully administered according to the
4 Scriptures. (Matthew 18:15-17; I Corinthians 5:9-13; II Thessalonians 3:11-15; Romans
5 16:17)
6 Section 2: The Official Board shall be empowered to place on the inactive list those
7 who have disqualified themselves as provided for in Article II, Section 4, of these Bylaws.
8 It shall also have the power to restore to active membership those who in their opinion are
9 not guilty as charged, and those who through repentance and adjustment have attained to
10 the standard of active membership.
11 Section 3: When it has been determined by the Official Board that the name of an
12 active member is to be placed on the inactive list, the member in question shall be notified
13 of the decision in writing by the Corporate Secretary. The Official Board shall recognize
14 its duty to interview and encourage a proper attitude on the part of those under question.
15 It shall proceed carefully to press for final decision in each case. When it has rendered its
16 final decision, the member may appeal the decision of the Official Board to the local
17 church. The decision of the local church shall be final.
18
19
20 ARTICLE IV - QUALIFICATIONS & DUTIES OF CHURCH LEADERS
21
22 Section 1: Qualifications
23 (a) Corporate Officers -
24 (1) Pastor/President - Because the local church recognizes the leadership of the
25 Pastor under the Lord Jesus Christ, and because he is a representative of our local church,
26 he shall be a person of good report, shall so manage his family and his personal affairs,
27 financial and otherwise, so that no discredit shall come to the cause of Christ through his
28 actions. His life and conduct should conform to the following scriptures: 1 Timothy 3:2-
29 7; Titus 1:6-9; 1 Peter 5:2-3. He shall be an ordained minister with the Assemblies of
30 God in good standing.
31 (2) Corporate Secretary & Corporate Treasurer - These corporate officers
32 shall be chosen from among the Deacons who serve on the Official Board.
33 (b) Deacons - Deacons shall be mature persons full of the Holy Spirit, active members
34 of this local church, whose faithfulness shall have been in evidence and whose lives and
35 conduct shall conform to the following scriptures: Acts 6:3; 1 Timothy 3:8-12. They
36 shall be at least thirty (30) years of age, unless this age requirement is waived by the
37 Nominating Committee. Deacons may not also serve as members of the pastoral staff.
38 (c) Pastoral Staff - As a minister of the local church, each must satisfy the Biblical
39 requirements for ministry, evidencing the qualities described in 1 Timothy 3:2-7, and
40 possessing a duly recognized credential for ministry.
41 (d) Department Heads - The heads of the local church's departments of ministry
42 shall be members in good standing of this local church, selected by the Pastor, and
43 approved by the Official Board.
44 Section 2: Duties
45 (a) Corporate Officers -
Revised: September 26, 2004 14
Trinity Community Chu, _.. Bylaws
1 (1) Pastor/President - The Pastor shall be general supervisor of all the activities
2 of the local church. He shall be the President of the Corporation and shall act as chairman
3 of all the business meetings of the local church and the Official Board, and shall, with the
4 Corporate Secretary, sign all official papers for the Corporation. He shall be an ex -officio
5 member of all committees and departments. He shall provide for all the services of the
6 local church and shall arrange for all special meetings giving due regard to the local
7 church. No person shall be invited to speak, preach, or teach in the local church or in any
8 department or ministry of the local church without his approval.
9 (2) Corporate Secretary - The Secretary of the Corporation shall preserve proper
10 records of the membership of the local church, of all the communications and proceedings
11 of the local church, including the Minutes of the annual, regular, and special meetings of
12 the local church, and the records of the proceedings of the Official Board and of all
13 committees. The Secretary of the Corporation shall sign, together with the President of
14 the Corporation, the official and legal documents of the Corporation, and perform any
15 other clerical work necessary to the proper discharge of duties, and shall be the custodian
16 of all legal documents and shall be in charge of the Corporate Seal as long as the person
17 who is serving holds this office. Upon termination of office, all documents, records, and
18 corporate seals pertaining to this office shall be relinquished to the Official Board.
19 (3) Corporate Treasurer - The Treasurer of the Corporation shall be entrusted
20 with all the finances of the local church which are committed to that office, and deposit all
21 funds in a responsible bank, in the name of the local church, and disburse the same by
22 check countersigned by the Pastor, or in an emergency by another member of the Official
23 Board, as directed by the Official Board. The Treasurer of the Corporation shall preserve
24 a proper itemized account of the receipts and disbursements and shall make financial
25 reports to the Pastor as requested, and at the regular business meetings of the local church.
26 The accounts shall be audited annually under the direction of the Official Board. Upon
27 termination of office, all moneys, documents, and records pertaining to this office shall be
28 relinquished to the Official Board.
29 (b) Deacons -
30 (1) All Deacons currently in office shall serve, with the Pastor, as the Official
31 Board of the local church.
32 (2) Deacons shall serve as Trustees of the Corporation and the custodians of all the
33 property of the local church, and shall be responsible for the maintenance and cleanliness
34 of the same and for the comfort of the congregation.
35 (3) Deacons shall act in an advisory capacity to the Pastor in all matters pertaining
36 to the local church in its spiritual life and in the ministry of its ordinances.
37 (4) The Official Board shall act in the examination of applicants for membership
38 and in the administration of discipline in the local church.
39 (5) In the event there is a vacancy in the office of the Pastor (President), the
40 Official Board shall be empowered to provide for their own temporary chairman from
41 their membership in order to transact business for the local church during the interim.
42 (6) The Official Board is hereby limited in its authority to spend moneys or
43 obligate the local church to spend moneys to available funds. In no case, shall any single
44 expenditure exceed $5,000 without prior approval by the local church, except in cases of
Revised: September 26, 2004 15
Trinity Community Church
Bylaws
1 emergency repair or replacement, wherein the Oficial Board may authorize spending up
2 to $10,000.
3 (c) Pastoral Staff - Each member of the pastoral staff is directly responsible to the
4 Pastor for his assignment(s) or portfolio(s). He shall be amenable to and serve at the
5 discretion of the Pastor, performing such duties and carrying such responsibilities as may
6 be assigned by the Pastor.
7 (d) Department Heads - Each department head shall be amenable to and serve at the
8 discretion of the Pastor.
10
11 ARTICLE V - ELECTIONS AND VACANCIES
12
13 Section 1: Corporate Officers
14 (a) The Pastor
15 (1) Selection - The Official Board, acting as a pulpit committee after prayerfully
16 seeking to know the mind of God and carefully choosing the best counsel available, shall
17 select by unanimous vote a scripturally qualified Assemblies of God minister as a
18 nominee to the office of Pastor and present his name for the vote of the local church. Any
19 member of the local church may suggest the name of an Assemblies of God minister to the
20 committee. The counsel of the District Superintendent and the Sectional Presbyter should
21 be considered.
22 (2) Term of Office - The Pastor shall be elected initially for a one-year period. It
23 shall require a two-thirds vote to elect. He shall be elected by secret ballot. His
24 succeeding term of office shall be for an indefinite period
25 (3) Vacancy -
26 (i) If the Pastor has been called for a definite period of time, the tenure of
27 office shall terminate at the end of his term of office, or it may be terminated in the
28 manner provided for under subsection (2) of this Section. It shall require a majority vote
29 by secret ballot to re-elect the Pastor.
30 (ii) If a Pastor ceases to qualify as provided for under Article IV, Section 1, of
31 these Bylaws, or his ministry has ceased to be effective, or if good and sufficient causes
32 exist that render his ministry unacceptable, or if other serious charges are preferred
33 against him, power is vested in the Official Board, after consultation with the District
34 Officiary, to ask for his resignation. If such resignation is refused, the pastorate shall not
35 be considered vacant until the action of the Official Board has been confirmed by a
36 majority vote of the local assembly by secret ballot at a meeting called for that purpose as
37 provided for in Bylaws Article VII, Section 2(c). The meeting should be presided over by
38 a member of the District Officiary. In case of the Pastor's removal from office, a written
39 report of such action signed by two or more of the church officers shall be sent to the
40 District Office. Such a report shall not necessarily affect his ministerial standing.
41 (iii) When a vacancy in the pastorate shall occur, the Official Board shall
42 arrange for speakers until a Pastor shall be chosen as prescribed in Section 1(a)(1) of this
43 Article.
Revised: September 26, 2004 16
Trinity Community Chu.
Bylaws
1 (b) Corporate Secretary and Corporate Treasurer - The Secretary and the
2 Treasurer of the Corporation shall be chosen annually from the membership of the
3 Official Board, or, in the case of a vacancy, as needed.
4 Section 2: Deacons - The members of the Official Board shall be chosen from the
5 membership of the local church.
6 (a) Nomination - Recommendation Cards will be distributed to the membership at
7 least eight (8) weeks prior to the scheduled electoral meeting, indicating the necessary
8 qualities for service, the current list of members, the number of available seats, and the
9 deadline for receiving recommendations. Members may recommend any active member(s)
to in good standing, up to the indicated number of available seats, by entering his or her
11 name on a Recommendation Card and returning the Card to the pastor prior to the
12 indicated deadline. All those receiving recommendation will be given a Candidate
13 Response Form, including a list of necessary qualities and expected duties for the office.
14 After reviewing the Form, each candidate shall indicate his or her willingness to serve by
15 returning the signed Form to the pastor. All who are qualified and willing to serve shall be
16 named as nominees for election.
17 (b) Election and Terms - Deacons shall be elected, according to the indicated number
18 of available seats, from those nominees presented at the electoral business meeting. They
19 shall be elected by secret ballot. It shall require a simple majority vote to elect. Those
20 nominees receiving at least a majority of votes cast, from the highest number downward,
21 shall be considered elected, up to the indicated number of available seats. In the event of a
22 tie for the last remaining seat, a runoff election shall be held for those nominees receiving
23 the tie vote until there is an election by the majority. The primary term of office shall be
24 one (1) year. Deacons may be re-elected to a secondary term of three (3) years, but they
25 may not succeed themselves after serving a secondary term, unless there are no other
26 qualified members of the local church willing to serve. Any such succession shall be for a
27 term of one (1) year.
28 (c) Termination and Vacancy -
29 (1) Termination - Any Deacon's seat may be declared vacant by an act of a
30 majority of the membership of the Official Board at any regular or duly called special
31 meeting of the Official Board. Grounds for such action shall be:
32 (i) Unscriptural conduct.
33 (ii) Departure from the tenets of faith.
34 (iii) Incompetence in office.
35 (iv) Any other good and sufficient cause that render his service unacceptable.
36 Any incumbent under charges shall have an opportunity for a fair and impartial hearing of
37 his case before the local church, if he so desires.
38 (2) Vacancy - The Official Board is empowered to fill, by appointment, any
39 Deacon's seat which may become vacant between the electoral meetings.
40 Section 3: Pastoral Staff - Upon recommendation by the Pastor, and with the
41 approval of the Oficial Board, the need for pastoral staff shall be presented to the local
42 church. A majority vote by the local church shall constitute authorization to seek the
43 needed staff.
Revised: September 26, 2004 17
Trinity Community Church
Bylaws
1 (a) Selection - After review by the Official Board, qualified candidates shall be
2 interviewed and selected by the Pastor. Any compensation for services shall be
3 determined by the Official Board.
4 (b) Termination and Vacancy - After review by the Official Board, any pastoral staff
5 member may be terminated by the Pastor. When the Pastor resigns or is terminated, the
6 members of the pastoral staff shall submit their resignations to the incoming Pastor,
7 effective within 60 days after his inauguration, in order to allow him the privilege of
8 recommending his own staff. Any vacancy in the pastoral staff may be filled, at the
9 discretion of the Pastor, according to the method described in paragraph (a) Selection,
i o above.
12
13 ARTICLE VI - DEPARTMENTS
14
15 Section 1: Authority - Departments (including, but not limited to Sunday School,
16 preschool, grammar school, high school, and college, women's, men's, seniors', singles',
17 and youth ministries), committees, and/or auxiliary ministries may be established by the
18 Official Board as God directs for carrying out the purposes of this local church. All shall
19 function under the supervision of the Pastor and his designees in cooperation with the
20 Official Board. All heads of such departments, committees, and/or auxiliary ministries
21 shall be active members of the local church.
22 Section 2: Nondiscrimination - There shall be a policy of nondiscrimination within
23 these departments, admitting students/members of any race, color, national and ethnic
24 origin to all the rights, privileges, programs and activities generally accorded or made
25 available to students/members. This Corporation shall not discriminate on the basis of
26 race, color, national or ethnic origin in the administration of its ministerial and educational
27 policies, admissions policies, scholarship or loan programs, or athletic and other school -
28 administered programs.
29
30
31 ARTICLE VII - MEETINGS
32
33 Section 1: Public Worship - Meetings for public worship shall be held on each
34 Lord's Day and during the week as may be determined by the local church.
35 Section 2: Business Meetings
36 (a) Annual Business Meeting - There shall be an annual business meeting of the local
37 church at which time reports shall be given and the election of officers shall take place.
38 This meeting shall convene before the end of February of each year. Due notice of this
39 meeting shall be given as provided for in Article VII, Section 2(d) of the Bylaws.
40 (b) Trimester Progress Meetings - Following each trimester of the calendar year,
41 before the end of June and before the end of October, a Progress Meeting of the
42 membership shall be held to give reports and exhortation, and to conduct whatever
43 business is necessary. Due notice of these meetings shall be given as provided for in
44 Article VII, Section 2(d) of the Bylaws.
Revised: September 26, 2004 18
44
Trinity Community Chu .,
Bylaws
1 (c) Special Called Business Meetings - Special business meetings of the local church
2 may be called when necessary by the Pastor or by a majority of the membership of the
3 Official Board or by petition as provided for in the Bylaws Article VII, Section 2(e). Due
4 notice of the meetings shall be given as provided for in Article VII, Section 2(d) of the
5 Bylaws.
6 (d) Emergency Business Meetings — Emergency meetings of the membership may be
7 called by the unanimous action of the Church Board. Due notice of such meetings shall be
8 satisfied when all active members have received verbal, electronic, or written
9 communication from a member of the Church Board, stating the time, place, and purpose
10 of the meeting, at least three (3) days prior to the meeting.
I 1 (e) Due Notice of Business Meetings - Due notice of business meetings shall be given
12 by stating the time, place and purpose of the meetings in the weekly bulletin on three (3)
13 Sundays before the meeting or by direct mail or electronic communication (email, fax,
14 etc.) to the voting members of the local church at least fourteen (14) days prior to the
15 scheduled meetings.
16 (f) Right of Initiative - A signed letter of intent to petition must be placed in the hands
17 of the Official Board before any petition is circulated or can be considered valid by the
18 local church. A special business meeting may be called by petition having been signed by
19 not less than twenty-five percent of the active voting membership of the local church. The
20 petition shall be placed in the hand of the Pastor or the Corporate Secretary at least three
21 (3) weeks prior to the special business meeting. The meeting should be called as provided
22 for in the Bylaws, Article VII, Section 2(c).
23 Section 3: Official Board Meetings - The Official Board shall meet quarterly or
24 more frequently as the need may require. Official Board meetings may be called by the
25 Pastor or by a majority of the members of the Official Board. Meetings may be held when
26 every member shall have received proper notification of the time and place of the meeting.
27 Section 4: Quorum
28 (a) Not less than fifty percent (50%) of the active voting membership of the local
29 church nor in any case less than seven (7) active voting members shall constitute a
30 quorum.
31 (b) A majority of the members of any board or committee shall constitute a quorum,
32 provided all members have been properly notified.
33
34
35 ARTICLE VIII - PROPERTY
36
37 Section 1: All property of the local church shall be deeded to the local church in its
38 Corporate name.
39 Section 2: No real property of the local church shall be bought, taken, or otherwise
40 acquired, sold, transferred, mortgaged, leased, assigned, conveyed, or otherwise alienated,
41 without the same shall have been authorized by a two-thirds vote of the active members
42 present and voting at a regular or special meeting called for that purpose, as provided in
43 the Bylaws, Article VII, Section 2(c).
Revised: September 26, 2004 19
Trinity Community Church
Bylaws
1 Section 3: The Pastor (President) and Corporate Secretary of the local church shall
2 certify in such conveyance, lease or mortgage, that the same has been authorized by a vote
3 of the membership. Such certificates shall be held to be conclusive evidence thereof.
4
5
6 ARTICLE IX - BUSINESS PROCEDURE
7
8 The regular order of business for the annual meeting of the local church shall be as
9 follows:
10 1. Devotional
11 2. Reading of Minutes
12 3. Report of Pastor
13 4. Report of Corporate Secretary
14 5. Report of Corporate Treasurer
15 6. Reports of Committees
16 7. Unfinished Business
17 8. Election of Officers
18 9. New Business
19 10. Adjournment
20
21
22 ARTICLE X - LOYALTY
23
24 This local church hereby declares its unswerving loyalty, under God, to our civil
25 government and to its Chief Executive and purposes to assist the government at all times
26 in any way consistent with our faith and the individual conscience of its members. In this,
27 we unhesitatingly state that our supreme allegiance shall ever be to our Lord and Savior
28 Jesus Christ, whose we are and whom we serve.
29
30
31 ARTICLE XI - AMENDMENTS
32
33 Amendments to the Bylaws may be made at any regular or special meeting of the local
34 church by a two-thirds majority vote, as provided for in the Bylaws, Article VII, Section
35 2(c).
36
37
Revised: September 26, 2004 20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
*.• n.�;r� t..!L•�,_M.:1 s !=� 'C:F{ r �c " -i,=C-r',�'i�'z<_ �c � c�...,f:C'�'.=.'• i e� w ` Y �� . .r�C`f'`�:rY :•� -- i:....,r.: _ • • k •s —; - :'L
J.
s California
State of Califo
s M i n ss. t
�t County off
L.
l qbv b 4 d a D i . tJ ' P LIC,
On P P 'T t 'f before me, edgy .S� M Pe hl ���wao
Ian Dale ; . ! ✓1 � �� ��me and Title of O e (e.g., ane Doe, Notary Publ i
personally appeared
Name(sy of Signer(s)
19personally known to me
❑ proved to me on the basis of satisfactory
evidence
!`i to be the person(s) whose name(s) is/are
subscribed to the within instrument and 1
—-� ^ ^ ^ A ^ ^ ^ 7
NIPPER
acknowledged to me that he/she/they executed
� DENISE M.
-y
D
the same in his/her/their authorized
COMM. #1341179
a NOTARY PUBLIC -CALIFORNIA
0
capacity(ies), and that by his/her/their
o
MARIN COUNTY
signature(s) on the instrument the person(s), or
My Comm. Expires Jan. 25.2006
the entity upon behalf of which the person(s)
1 v v v
acted, executed the instrument.
W NESS my hand andIseal.
Signature of ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document+ 1 r` j
e or Type of Document: CS 4U-�-1 h K k h rW41 C061.1�b1L�>rl.; rl�
TiLAuf 4U - -1 ] mo b t{ Number of Pages: 90 I
Document Date:
Signer(s) Other Than Named Above: ( A
Capacity(ies)ij
Claimed by Signer w,
Signer's Name: _ r" ( I L 14m, C' , `' e +�
mun:urwae:u:ua
t�liglq�l7:i
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian r C nservator
C��Other: __ _ -
Signer Is Representing: � ri'-ad`�'►� AA14 Ch
,
-
® 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www nationalnotary arg Prod. No. 5907 Reorder Call Toil -Free 1 800-876-6827