HomeMy WebLinkAbout06-11-09-8d - Resolution - 06/11/2009RESOLUTION NO. 06- 11 -09 -8d
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, APPROVING ARTICLES OF INCORPORATION AND
BYLAWS FOR A LOCAL GOVERNMENT CORPORATION TO AID AND
ASSIST THE DEVELOPMENT OF HIGH SPEED PASSENGER RAIL SERVICE
WITHIN THE SOUTH CENTRAL AND GULF COAST CORRIDOR AND
APPOINTING DIRECTORS.
WHEREAS, the City of College Station, Texas (the "Sponsor") has received a
written application (the "application") for approval of the articles of incorporation and
bylaws for a local government corporation (the "corporation"), to be named the South
Central High -Speed Rail and Transportation Authority, Inc., under authority of Chapter
431, Subchapter D, Texas Transportation Code, to act on behalf of the Sponsor and other
Texas local governments described in the application; the application has been signed by
at least three (3) residents of each local government (including the Sponsor) who are
citizens of the State of Texas and at least 18 years of age; and each such director is a
resident of the local governments, including the Sponsor; and,
WHEREAS, the City Council of the City of College Station, Texas, the Sponsor,
has considered the application and determined that the Sponsor and its residents will
benefit from high -speed rail service proposed to be developed with the assistance of the
corporation along the South Central and Gulf Coast High -Speed Rail Corridors; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: The City Council hereby approves the articles of incorporation and bylaws
of the corporation as presented with the application.
PART 2: The City Council appoints the persons specified as initial directors in the
articles of incorporation as the initial directors of the corporation for the
respective terms specified in the articles of incorporation.
PART 3: The City Council hereby provides that if one or more local governments
specified in the articles of incorporation fail to adopt a resolution, order or
ordinance approving the articles of incorporation and appointing the initial
directors specified in the articles of incorporation, but at least five (5) local
governments (including the Sponsor) take such action, then the local
governments that fail to take such action (and the names and number of
the initial directors resident within their boundaries) shall be deleted from
the articles of incorporation and bylaws of the corporation. If deletions are
made, the deletions are hereby approved and the non - deleted directors are
hereby appointed as are the articles of incorporation and bylaws with the
RESOLUTION NO . 06- 11 -09 -8d
Page 2
deletions that are appropriate. If fewer than five (5) such local
governments (including the Sponsor) adopt such an order, resolution or
ordinance, the approvals and appointments made by this resolution shall
be null and void.
PART 4: The approvals and appointments made hereby are solely for the purposes
of satisfying the conditions of filing the articles of incorporation of the
corporation with the Secretary of State of Texas and shall not be construed
as a representation, warranty, guarantee or other undertaking of any kind
of the City Council of the City of College Station or the City of College
Station.
No obligations of the corporation shall constitute an obligation the City of
College Station or be a pledge of faith or credit of the City of College
Station.
PART 5: If any provision of this resolution or the application shall be held to be
invalid, the remaining provisions and applications shall be valid, and the
City Council hereby declares that this resolution would have been enacted
without such invalid provisions.
PART 6: It is hereby officially found and determined that the meeting at which this
resolution was passed and approved was open to the public as required and
that public notice of the time, place and purpose of said meeting was given
as required by the Open Meeting Act, Chapter 551, Texas Government
Code.
PASSED, ADOPTED AND APPROVED this 11th day of dune
A.D. 2009.
ATTEST:
City Secretary
APPROVED:
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APPROVED:
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