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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: rJ IM, G APPROVED: • �,i _ �.. ag city Attome3o 0:\Resolutions \06 -02 -09 High speed Rail Service.docx