HomeMy WebLinkAboutR-1999-23-1
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RESOLUTION NO. 99- 23 - I
A RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF LA PORTE
DEVELOPMENT CORPORATION UNDER SECTION 4B OF THE DEVELOPMENT
CORPORATION ACT, ARTICLE 5190.6, V.A.T.S.; APPROVING THE
CORPORATION' S ARTICLES OF INCORPORATION AND BYLAWS; APPOINTING THE
INITIAL SEVEN MEMBERS OF THE BOARD OF DIRECTORS OF THE CORPORATION;
AUTHORIZING THE CORPORATION TO ACT ON ITS BEHALF TO FURTHER THE
PUBLIC PURPOSE TO UNDERTAKE THE PROJECTS AS DESCRIBED IN SECTION 4B
OF ARTICLE 5190.6; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte
authorizes the creation of the City of La Porte Development
Corporation.
Section 2. The City Council of the City of La Porte approves
the Articles of Incorporation and Bylaws of the City of La Porte
Development Corporation, in form attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
Section 3. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
city officials or city employees, to serve as directors of the
corporation without compensation, but with reimbursement for actual
expenses.
A director shall serve at the pleasure of the City
Council for a term of two years; however, the City Council may vote
to remove a director at any time without having to specify cause.
The number of directors constituting the initial Board of Directors
of the corporation is 7, and the names and addresses of the persons
who are to serve as directors are:
Chuck Engelkem, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
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Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
william S. l:'ove, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward MatuE;zak
10443 Catlett
La Porte, TX 77571
117 Garfield
La Porte, TX 77571
Patricia Mue;ton
Greg Kroll
11804 North H street
La Porte, TX 77571
Section 4. The corporation is organized under, and shall be
governed by, the Devl:!lopment Corporation Act of 1979, Article
5190.6, section 4B, Vernons Annotated Texas civil Statutes, as
amended (the "Act"), and may issue bonds on behalf of the unit for
the specific public purpose to undertake projects as described in
Section 4B of Article 5190.6, including but not limited to projects
for the promotion of amateur athletics and sports including ball
parks, auditoriums, projects related to entertainment, convention,
tourist, and exhibition facilities, amphitheaters, concert halls,
and public parks, park facilities and events, open space
improvements, learning centers, municipal buildings, museums and
related stores, restaurant, concession, and automobile parking
facilities, related area transportation facilities, and related
roads, streets, and water and sewer facilities, recycling
facilities and projects to promote new or expanded business
enterprises including public safety facilities, streets and roads,
drainage, and related improvements, demolition of existing
structures, and general improvements that are municipally owned,
development and expansion of affordable housing, as well as any
other improvements or facilities that are related to any of the
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above projects and any other project that the board determines will
promote new or expandE~d business enterprises, and the maintenance
and operations expenSHS for any of the above described projects.
section 5. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time rE!quired by law preceding this meeting, as
required by the Open l!Ileetings Law, Chapter 551, Texas Government
Code; and that this meE~ting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has beEm discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Hesolution shall be effective from and after
its passage and approval.
PASSED AND APPROV.ED this 12th day of July, 1999.
By:
~o~_: POR~E _ ~J
o~e~ '-
Mayor
ATTEST:
Ma tha A. Gillett
city Secretary ~
~u!~
Knox W. Askins
city Attorney
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. SOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
CHARLES R. HUSER. .JR.
BOARD CEAT''''ED . CIVIl.. TAIAL LAW
TEXAS BOARD 0" LEGAL SPECIALIZATION
TELEPHONE 2S1 471-1S86
TELECOPIER 281 471-2047
July ~3, ~999
Secretary of State
Ccrporation Division
Special Handling
P.O. Box ~2436
Austin, TX 787~~
Re: CITY OF LA PORTE DEVELOPMENT CORPORATION
Dear Sir/Madam:
I enclose herewith triplicate copies of Articles of Incorporation
for CITY OF LA POR~rE DEVELOPMENT CORPORATION, a non-profit
corporation, together with check in the amount of $35.00, payable
to the order of the Sec:retary of State, representing $25.00 filing
fee and $~O.OO rush service.
Please file one origincll in your office, and issue two Certificates
of Incorporation, to each of which please affix one of such
originals.
Thank you for your kind
assistance in this-matter~ 7
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CZy?urs .,y~e~~,.~r .~y ~
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1 oX W. Askins
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Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
Mr. John Joerns
Assistant City Manager
city of La Porte
Mr. Jeff Litchfield
Assistant City Manager
/Director of Finance
City of La Porte
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ASI<INS & ARMSTRONG. P. C.
ATTORNE:YS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE:. TE:XAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIP"IE'D . CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
August 5, 1999
Mr. Jeff Litchfield
Assistant City Manager
/Director of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte Development corporation
Charter Number 01.544301-01
Dear Jeff:
I enclose for your fil(:!s, original of certificate of Incorporation
issued July 28, 1999, to City of La Porte Development Corporation'.
You should obtain a federal taxpayer identification number for this
Texas non-profit corporation.
I also enclose filing fee check, which was returned by the
Secretary of State. ~pparently, the filing fee is waived on this
type of corporation.
~ truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
RECEIVED
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AUG 0 9 1999 i
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ASS'T. CITY MGR./FINANc,::.1
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'ffilyt ~tate of 'ffitxas
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702 ~ F^i~MnNT ~~H1
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tIlt "~ L~ oJoT~ D~VcL~n~~NT C~~p~~~rtJ~
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I"!" 11~C:; Rt:r:t: ul.!r<. t"'-=^jU..z..r: 'rU !.\PP~uy~ k"4:J jJl.~Cl: '.J.'J Rr,;CiJRU THt::'\~TICL;S
GF r~rURp~K~rIJ~ Ti!T c~~~r~u (1J~ CJ~p~~ArIG~. W~ ~XT~~~ OU~ BtST
ltl r ~ '-1 t ~ t: \..l;~ C; J r. .; e J <; t i'oj ('1 J :. ~! r:. ',oj V c: ..., j' :.J i<. ~ .
A~ A ~~o~~~~rlJN. tOu aQi SU~J~:r T1 ~TATt: TAX LAWS. SOME N~~-PROFtT
V) i< I) J t~ AT! n "j <; .'\.-( r. r: ^ r_l, P r i- ~: j'~ T d :: P ~ 'f ill:: Ii T '1 f ;:: ~ ~ i\l ~ H.1 C; = T~ X t:) ~ ~4 LI Pi A t
AL:,'l C}c: ::;"<'t....PT' ~"'r'1,'i THe t"t.ly:\~=~!r ut: 5AU:S ~I'if) :J:)': TAX ON T~E ?tJf<CHASE
G~ TAXA~~c Ir~M~. IF fJu FC~L THAT ~~~E~ THE LA~ yOUR CORPOR'rIJN IS
t~rtTL~D ~u ~r. ~^~MPT y"u Mu~r ~~?~Y TJ ry~ ~n~PT~ULLFR OF pu~Lrc ~c-
La~~TS FU~ TH~ ~~rMPrrGN. Trl~ ~~C~FTAkY OF STAT~ CANNUT MAK~ SUCH
D~Tc~Ml~~Ti"~ F~K vn~R CU~~J~AT~U~.
iF ~2 C^~ UC ryF FU~THF~ S~RVIC2 AT ~NY TIM~, ?L~A5~ LET us KN1~.
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Elton Bomer, Secretary of State
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cmqt ~tait of cmtxas
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CE~rlFICArc OF INCURPDK~TIU~
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rlTi OF LA ?lRT~ UEV~LnPM~NT CORPORATION
C~A~rE{ NUMRco 01544301
THe ~Hn~~iIbN;Q, .5 ScCR;r'~Y Of 5TkT~ OF THE STATE OF T~AAS,
n~~~dY C=Rr!Fr=~ TH^f ~QITIC~FS J~ I~CORPnR'TION FQR ThE Abn~;
(':1r<.PIJ";;"Tl'1i~ ul.li,.Y )lG!,~:j A~jI) .,C~!F!t:rj ~tjR.:)IJANT TO TnE PKOVIStUN5 OF
P lL li c: V ~ ~ 0 P Yl t:L.!f ~ n.( p v ~ ~ T 1 f) j'i ~ C rUe t ~ -, '1, H A V .: tl '= .: ~ ~ t: eel V E u 1 'I T rll S
iJC;:'TC;': Al'ln f;,{C r:JU,~O Tj i..~lr'lFl.jQM Tn u,w.
~~~J~~r~~~v ~rl~ ~~O~~S!~~~" AS SJCn S~~R~TARt ~F STAT~t AND ay
~tKTJr ~f TY~ AUT~~~l~( v=~T~D fN T~i: SELRiTA~r ~Y LAW, HE~~~f ISSUES
r~l~ ~cqrffT~'Te ~F 1~~O~PUR~Tl~N ANI,) ATT.CHE5 HER~TJ A COpy JF rH~
~~T'~lc~ n~ l~~"kDJFATI~~.
iJ \ j'=l.) JULY ~~, 19":1'1
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Elton Bomer, Secretary of State
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(TIqc ~tatc of (TIcxaz
SEICRET AR Y OF STATE
CERTIFI(~ATE OF INCORPORATION
OF
CITY OF LA FORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of
Incorporation for the above corporation, duly signed pursuant to the provisions of the
Development Corporation Act of 1979, have been received in this office and are found to
conform to law.
ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the
authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and
attaches hereto a copy of the Articles of Incorporation.
Dated:
July 28, 1999
SM
Secretary of State
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Wqc ~tlttc of WCXlt5
SEc"::RET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above lIamed corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of In1t:orporation does not authorize the use of a corporate name
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 19!)9
Secretary of Sta~
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Wqc ~tatc of Wcxas
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA )'ORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate name
in this state in violation of the l'ights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1!>>99
July 22, B>>99
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Secretary of Stau
SM
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8~(JIIo!"n
We, the undersigned natural persons, each of whom is of the
age of eighteen (1.8) ]rears or more, and a qualified elector of the
City of La Porte (thE! "Unit"), actinq as the incorporators of a
corporation under the Development Corporation Act of 1.979, Article
5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, as
amended (the "Act..), do hereby adopt the following Articles of
Incorporation for SUcll corporation:
AR1nCLES OF INCORPORATION
. OF THE
CIlY OF LA PORTE
DS'ELOPMENT CORPORAnON
In ~he ~~eD
~!'Jry' or /;/~e C,! t..
...tilte Of I if}
J . ;.~
UL 2 2 1999
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4011 t?:s
UTICLB I
The name of the c:orporation is "CITY OF LA PORTE DEVELOPMENT
CORPORATION" .
UTI:CLB II
The corporation is a nonprofit corporation.
UTI:CLB III:
The duration of the corporation shall be perpetual.
, UTICLB IV
The corporation if; organized under, and shall be qoverned by,
the Development corporation Act of 1979, Article 5190.6, Section
4B, Vernons Annotated Texas Civil St'atutes, as amended (the "Act"),
and may issue bonds on behalf of the Unit for the specific public
purpose to undertake projects as described in section 4B of Article
5190.6, including but not limited to projects for the promotion of
amateur athletics and sports including ball parks, auditoriums,
projects related to entertainment, convention, tourist, and
exhibition facilities, amphitheaters, concert halls, and public
parks, park facili ties and events, open space improvements,
learninq centers, municipal buildinqs, museums and related stores,
,res~aurant, concession, and automobile parkinq facilities, related
. area transportation facilities, and related roads, streets, and
water and sewer facili 1:ies, recycling facilities and proj ects to
promote new or expandled business enterprises includinq public
safety facilities, streets and roads, drainaqe, and related
improvements , demolition of existinq structures, and qeneral
improvements that are municipally owned, development and expansion
of affordable housing, as well as any other improvements or
facilities that are related to any of the above projects and any
other proj ect that the board determines will promote new or
expanded business ente~9rises, and the maintenance and operations
expenses for any of the above described projects.
UTICLB V
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The corporation hasl no members and is a nonstock corporation. Y-