Garden Constitution

Constitution: Mecklenburgh Square Garden Committee

Rules and Regulations for the management of the

Mecklenburgh Square Garden (‘the Garden’).

 

Adopted at the Annual General Meeting of the Occupiers held on Thursday 4th June 1992.

 

Recitals

Whereas:

(1)     The management of the Mecklenburgh Square garden has been established and controlled by Parliamentary Statute from the date of the gardens’ laying out and creation and specific statutes refer to Mecklenburgh Square in the early 1800’s.

(2)      Parliamentary Statutes relating to the management of certain London Squares (including Mecklenburgh Square) were consolidated by The Metropolis Management Act 1855 (‘the Act’).

(3)     Section 239 of the Act remains in force and is the statutory authority for the June general meeting of the Occupiers and the raising and collection of the annual subscription and the management of the Garden.

It has been considered desirable to clarify the powers and duties of the Garden Committee:

1.         The Committee

1.1       The setting of annual subscriptions and the general management of the Garden will be entrusted to a Committee (‘the Committee) elected by the Occupiers.

1 .2     The Committee shall be elected from the Occupiers and according to statute shall consist of not less than 3 (three) nor more than 9 (nine) members with three members forming a quorum.

1.3      The Committee shall elect from their number members to serve as Chairman, Secretary and Treasurer.

1.4      A casual vacancy in the Committee may be filled by the Committee.

1.5     The Committee may co-opt other persons to aid their discussions but co-opted members are not entitled to vote.

1.6      No Occupier who has not paid the prior year’s annual subscription or is in arrears by more than four months with the current annual subscription or such proportion thereof may vote for Committee elections or serve as a Committee member.

2 .         Meetings of the Committee 

2.1      The Committee shall meet as and when it deems necessary.

2.2       The secretary or any 2 (two) members may at any time summon a meeting of the Committee.

3.          Powers of the Committee 

3.1       The Committee may enter into contracts for the general maintenance of the Garden employ a permanent or occasional gardener or gardeners purchase trees plants tools· and other requisites and in any other respect reasonably apply the funds at its disposal for the maintenance and improvement of the Garden.

3.2       The Committee may promulgate rules relating to usage and behaviour of those with permission to enjoy the Garden.

3.3        A copy of the current rules should be available for inspection at each Annual General Meeting of the Occupiers.

3.4      A copy of the current rules dated October 1990 are incorporated in Schedule 1 hereto.

4.        Subscriptions

4.1      The Garden will be maintained by an annual subscription (1st April to 31 March) payable by those occupiers  having a legal right to use the Garden.

4.2       The annual subscription shall be agreed by the Committee and passed by a simple majority.

4.3         Arrangements for the collection of the annual subscription shall be made by the Committee. At present the collection of the annual subscription is made by the local authority pursuant to existing statutory powers.

5.         Bank Accounts

5. I       The Committee shall be authorised to open bank accounts in the name of the Committee.

5.2       All payments and drawings for petty cash will be authorised by two members of the Committee.

6.      Meetings of Occupiers

6.1       Pursuant to the Act an annual general meeting of the Occupiers (‘the AGM’) must take place in the first week-of June of each year and it is at the June meeting that the Committee shall be elected.

6.2       Notice of the AGM with its agenda must be affixed to the garden gates or garden notice board 14 days prior to the meeting.

6.3       The business of the AGM shall be to:

(a)       Receive a report from the Chairman of the outgoing committee of the past year’s activities.

(b)      Receive and approve the Annual accounts prepared by the Treasurer.

(c)       Elect a new Committee.

(d)       To discuss any matter raised by those Occupiers attending.

6.4       Special meetings of the Occupiers can be convened by the Committee or by the requisition of 10 Occupiers as and when necessary.

6.5       Any resolution passed by a simple majority at the Special meeting  held pursuant to clause 6.4 must be placed on the Agenda of the next meeting of the Committee for their deliberation. For the avoidance  of doubt, the resolution passed at the Special meeting will not be binding on the Committee and if the issue becomes contentious then it will be a matter for 6.2 (d) hereof.

7          Garden Keys

7.1       All keys shall be deemed to be the property of the treasurer and shall be given up upon the Committee’s demand.

7.2       A deposit shall be paid on every key issued to be repaid when the key is surrendered. The deposit shall be determined by the Committee.

8         Amendments to the Constitution

8.1    Amendments to the Constitution can only be effected at an AGM.

8.2    Proposals to amend the Constitution must be supported in writing by 5 Occupiers and must be submitted to the Secretary no later than 15th May in any year. Such proposal must be specifically itemised upon the, agenda  for the AGM under 6.3 (d).

8.3     A simple majority at the AGM will be sufficient to pass the amendment.

 

Constitution approved………………………….