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HomeMy WebLinkAbout12-11-85-03 - Resolution - 12/11/1985RESOLUTION NO. 12-11-85-03 WHEREAS, a proposal has been presented to the City Council of the City of College Station for the creation of a development corporation in accordance with the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes; WHEREAS, the proposal is for the creation of the "Col- lege Station Economic Development Foundation, Inc.; WHEREAS, the proposed Articles of Incorporation have been submitted to the City of College Station and are attached hereto as Exhibit "A"; and WHEREAS, the proposed By-Laws have been submitted to the City Council and are attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station that the creation of the College Station Economic Development Foundation, Inc., is in the interest of the citizens of the City of College Station, and that the College Station Economic Development Foundation, Inc., is hereby approved for the purpose of promoting the interest of the City of College Station as specified in the Articles of Incor- poration, provided that no action of the Development Foundation shall be in violation of Article 5190.6, Texas Revised Civil Statutes, the Development Corpora- tion Act of 1979. PASSED and APPROVED this llth day of December, 1985. APPROVE~,~'~ ~ / / ·ATTEST: BYLAWS OF COLLEGE STATION ECONOMIC DEVELOPMENT FOUNDATION, INC. ART ~CLE I NON-PROFIT FOUNDATION This Foundation is not organized for profit. No member of the Board of Directors or person from whom the Foundation may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no ev,.r~t_ shall any p;~rt o£ ~ho ft,n,]s or a:;:;et s of the Foundation be paid as a salary or a compensation to, or distributed to or inure to the ~,,nofit .-)f any member of the Board of Directors; provided, however, ~lways (l) that reasonable compensation may be paid to any member ,'t,~ ]._. ~cting as any agent or employee of the Foundation for services :-,'n,],':-,.,~. I ~'~ effectlng (l) one or more of the purp,'~ses of the Foundation, and (2) that any member of the Board of Directors may, from time to time, be reimbursed for his actual and reasonable expenses Jn,:t~rre,] in connection wi th the a~]ministration of the affairs of the Foundation. Any payment for services rendered or expenses must be authorized by these By-Laws or a resolution passed by the Board of Directors. ARTICLE II PRINCIPAL OFFICE ." :',,~,:alt. y ,',.nter, at k31)(} Je~-sey Street, zn CoIiege Station, Texas, but may be located at such other suitabt~~ and convenient place in College Station as designated by the directors. A R'T' I C' I, I': ]' ]' ]' ARTICLES AND OFI.'I¢;ERS The Foundation shall have the following directors and officers; eight (8) directors who sha] 1 elect from their members a Chairman, Vice Chairman, Secretary and Treasurer. A President shall be appointed by the Board of Directors and shall not be a member thereof. AI~ other officers shall ~,e required to be directors of the ;.~,3,~nda t i on . APT~:I,b] I V APPOINTMI':NT AND QIJAI~tI.'I~'A'F[ONN ,)F I)IRECTORS '3Lt~ ,3f Colle,je Stati,3,', .~ th,- t.~t~a~ 13i~'ectot-s' terms expxre. The (3) . The m.~tl~o.1 of selectio~ shalt he d4termined by the Board. ,,la~-,~,~ .~,~e (I) and tw,-~ (2) ,~ha] ] )~,:. f,)t* .~t] tn~ti,~l term of one (1) year-; pla-,,:~ tht-,~e (3) at~d f,~ur (,1) .-~n,1 five (5) shall be f~r an initial term of two (2) years; and places s~x (,~), seven (7) and eight (8) shall be for an initial term of three (3~ ~'ears. Thereafter, the term of .off].ce for e.~:h dir,-,'zt~t sl~al 1 b,~ f,~'., period of three (3) years. The ]irectors shall serve at the pleasure of the Council and if a rep]a,_ .. tnt Director is not appointed by the Council. at the expiration of a ,~i [ector's term, the director shall continue to serve until an a.o.r)r~.] ~',".,'ut i.s ART ICSE V ELECTION OF OFFICERS ?he ,~ff[cers shall be elected at the July meeting of the Boar,] . ')irecLors provided for herein and the Directors shall ekect s.',i,] '~"~ce[-s as provided for here~n from among their number. Each d[rec~,,r shal[ be emt[t~ed Lo one vote and it sha~l require a majority vr~te ~.' ,.]ecl' .-t~iy ,~ffic~-. 7h~· l%oard of Directors may at any ~lme :-,=,m,~'.,,~ :n)' ol'f[,~,3~' ~)f Lhe wo~.~at~,~[~ f~r or without cause, but such r,r~.~va[ shall be w~t'~o,~ ~rejudic~, ~o the contract rights, if any, of '.h,, ~.3r.; ~:] s,~ ~e~nove,]. ~l. ectLon o~ appointment of any officer 3~- , ~,',:' ', '~ l 'lot of itse]F c~e,~te contract rights. TI'];~I ~F OFFICE ~)F THE OFF'ICERS ?h,~ ,)f'f~,',,~ term sh,~l l r,.~] from the monthly meeting in ,,f' ,~ach v~,.~r ~ ) th,~ monthly me,_.l i~].3 in July of the following year. i],-,ch .]~['ect,~r an~i officer shall serve from the date of his election and ,],]alif~cation ,]nl:~]. his s,lccessor is elected and duly qualified, AI{'I' [CGE vii FILI, rNG OF VACANCIES ,IN THE BOARD AND OFFICERS ~ ~ t'~,~ ,~.~,~ .~f t-h,~ ,],,.~]~ or resig~]ati,~n of a~]y ~ff[cer d~rector or the refusal or inability of any officer or director to [)~r f,,r,n the d,lt] e~ of his office, the Board of Director shall have the l)~ I'.'1 !,'j,, re) ,],'~'[;lr{3 a vacancy on th,~ BOded ,)r In the office and such vacancy shall be fi ll,~d for such unexpired term in the same manne~ as prov],~ed for regular appointments; provided however, that any such v.~c,,~,,yy ~n such office or any officer so c~eated shall be filled by a v,)t,, ,f the remaining directors even though they may constitute less ARTfCf,f.; V1 f l DUTIES ()F '['l{l.] C}IAIRMAN The Chairman shall pres[de at ali meetings of the Bo,]rd of D~ r.~ ~,~.rs. The Chairman or his delegate sha] 1 make an annual report ',~ thu Ctty Council of the City of College Station at the first regu].ar 'f,~,~]':~ ] meettnU in April of each year. The Chairman ~hall have the ,r, w.":' t J Si'jr! check.~, wal'ralltS~ o3r'~,, ~r.,,: 1 on will be ,]isbursed. ,_~.3u:]t,'~r:~t,3ne,] by another officer. v,)uch~,r.~ ~hereby funds ,~f the Itowever, s,n:h checks must be ARTICLE IX DU'FIES ¢)F 'I';{E I)RESfDENT The Boar,] shall appoint or emp]~)y a President as the Chief · '~,] nt ~] I ~; Lr.: t ~vc Offficer of the l~ou n,]a t j ..,,~. S~c}] officer, rd~,~[~]l mi or employed sba] ~ perform such duties as may be assigned by ~'' ', , I~ The President shall have all the general powers and duties which ar,; usual ly vested ~n theOffice of the President of a non-profit .r~,,~{-~.] ,t_l,.~. '?}t,; I~re:~der]t sh,~l 1 hav,~ the f)ower to sign checks, warr.~r]{_.~, ~3r vouchers wh(~reby the funds of the Foundation will be disbur'~e,l, ilowever, such checks must be, in all cases, counters{gned by an~, '3,3r officer. The President shall perform such other duties as sh;{] l }~}-,~,erly relate to his office. The President of the Foundation shall keep an accurate set of re~o~l.' ~-~fl~c,.]}]~l the financial condition of the Foundation at a~l t~.,:. ~,]ch r-,,,'~)rc{,~ sh8].] })e open to inspect{on by any director t~,3 F,~,{'~ l]tlon <3}- any member ~)f th+· ,?~ ty Cc~,lncl ]. ,)f the City of Co[ ].ege Station. In adcHit ion it shall be the ,{uty of the President .,,~}~,,~'.'] .., {}~,. ,:w[,,.n,]jt_ur,~ ,)f th,- fl~iu,]~ of tho [.'~){{ndat[oz] and to sJqn ,']~,' ';"~, .,' {t't-a{]t.,;, ,~r],] v~uchers whereby the fur]ds of the Foundation ~'~ I i 2,,. :l.s~,,2~',;,,,]. ;]ow,/ver, such checks must be, in all cases, c'3unter~i,~n,,.l 2;/ an,3ther officer. ARTI CI,E X [~U'I'IES OF Ti{E VICE CHAIRMAN The Vic~, Chairman shall act for and assume the power of the Chairman ~n the ai~sence of the Chairman or upon refusal or inability of the Cha] r',,~{'~ r,D z,-t. The Vice Chairman shall have the power to sign checks, wart tut:~, and vouchers whereby the funds of the corporation %'il 1 I-,, ][.=.3.::- ..2 ~. However, s{lch checks must be, in all cases, ,:~)unr,:rsigned by another officer. The Vice Chairman shall perform such duties as shall properly relate to his office and such other r]utie ~ .Is may ])e require(] of him f~-om time to time by the Chairman or t}l,3 B,n,'~-,~ ¢3f Directors. ARTICLE X! DUTIES OF 'PgE SECRETARY The Secretary, or his delegate, shall keep the minutes of all ,r,,:r,t].r]gs ~f the Board of Directors. The Secretary shall see that all not i,:,-,.; are 1,~1y given i1% accordance with the provisions hereof and as ~-,?,-t,~,-,:.t by law; shall be custodian of th~ seal of the Foundation, and :', ,'' ~ffi-¢ th,~ same, or ca~se it: to be affkxe¢] t.o all documents, the .... :.:..' ~.~r~ ,~f ~htch under seal ha~ been auth~rized by the Board of ']] r-.',_"..~rs, an,] of the memb~=rs o£ .~ny cormnitte~ appointed by the Board of ;,[:-,,ct~3u~ .~n,-] shall in genera] perform ali the duties incident to r ~.. ' ~' , ',, .,~ q,:cret,~uy and such other dutie, s ~s may from time to time b,: ~,~-,.3~.]e,9 t,.~ him by the Chairman or Board of Directors. ARTICLE XfI DUTIES OF THE TREASURER The Treasurer of the Foundation shall keep a copy of the recor,]~ reflecting the financial condition of the Foundation at all t~:nes. Suc)~ records shall be open to inspection by any director of th.? F~,]r]]-~t{on and any member of the City Council of the City of 6 moni tot the expenditure of the funds of the Foundation. The Treasurer shall have the power to sign checks, warrants, and vouchers w'h~:~ eby ~h,~ £uE~Is of the Fnundation wL/l be disbursed. However, such checks must be, in all cases, countersigned by another officer. The Treasurer shall perform all other duties assigned to the Treasurer by the Board of Directors, including that the Treasurer shall countersign the expense checks issued by the Foundation to its employees whenever possible. The Treasurer shall have charge and custody of and be ~,3~pnn.~b[e for ali funds and securities of the Foundation; shall ~ cce~v~, ~n~] ~]~v~ ~'e,:.~pt~ for monies due and payable to the Foundation z~o'~ ~ny source; shali deposit a~l monies in the name of the Foundation ~n t}~,, ,],~ositor~es ~o],~ct,~d ~n accordance with the provisions of t.}~.~:~,3 '~yl.aws; and shnl] [~,~rform all of the duties as may be assigned to ]~n ]~y the Chatrma~ ,,~- ~)y the Board of Directors. ART [CLE XIII GENE}~L COUNSEL Th,~ Board may appoint a competent attorney as General Counsel who shall meet with the Board from time to time and shall be generally knowledgeable and involved in the affairs of the Fourl~]~ (. i.O~. rnon] t,)r the expenditure of th,: funds of the Foundation. The Treasurer shall have tile power to sign checks, warrants, and vo~]chers ~'l,,,r ..1./ , ~L,: f.l~,ls ~)f the [.'¢~und,~tion wt ! I he ,lisbursed. However, such checks ,re:st be, in all cases, countersigned by another officer. The Treasurer shall perform all other duties assigned to the Treasurer by the Board of Directors, including that the Treasurer shall countersign the expense checks Lssued b~ the Foundation to its employees whenever possible. The Treasurer shall have charge and custody of and be r,.-;:,~nsible for all fun,is and securitLes of the Foundation; sha~l ~,2..~,~...0. ~n ] g~ v0-? r',gceipts for monios due and payable to the Foundation c.. , .. ,a.],/ ~,~urce; shall de.t)o$~t al I mon~es in the name of the Foundation {,'p.'.';i','~r'i,;s seloct~,] In .-~,'c'~)~-,]anco with AR'P [C[,E X[II GENERAl, COUNSEL The ~3o.~rd may appoi~at a competent ,' ,,i~l~,,] who ~hall :,~-~e:- ~l ~), knowledgeable the provisions of ].~ties as may be as:~l.~ne.~ to DJ.rectors. attorney as General meet with the Board from time to time and shall be and involved in the affairs of the ARTICLE XIV MANAGEMENT Th,, ~:~.~,~r,t of Dlrectc)r.,; ,$]1,~ll .~sst,m,_~ supervision over the affairs of L}l,3 F~,lndation with the exception that the President shall have such authority and power as is necessary to carry on the general everyday b,~siness of the Foundation. ART ICI,E XV SALAR [ ES 'Fh~ ,~alarie~ of the employees shall be fixed from time to t imc },y the r],),~r,l ,)f 13i r'ectr>r"~. NEE'PING OF 'I'l{~ BOARD OF DIRECTORS ']'h~, ll~z~-,] of ])irect.,)~-~ ~i]~a] I }].~v,- monthly meetzngs held on the th~ r,] We.]n~s,]ay of each m,~nth, if sa],t ,]ate is not an official ~t]te ,)r [ed,:.r,l[ ho] /,]ay and shou],] said ,qate be such a holiday, the meeting will be rescheduted ,3~ such date and at such hour as may be ,]estgnat,~,] i.u th~ notice of the meeting, for the transaction of such b,~s]ness a~ may property be brought before the meeting. The Secretary oC thc Foundation or his delegate shall mail each of the d~rectors an agenda for the re,]:]l~r monthly meetings at least seven (7) days prior to the meeting. The Secretary or his delegate shall also !)o~t r],~t[ce of meetings a~ required by this Open Meetings Act, :~r~ ir'l,. ,'~% ' -] 7, Tex,~s R~,v],~,,.] ~'.'i] b;t,~ utes, as 8 a,],])tlon, the Board of Directors shall meet upon the ca]l of the ~'},.~] r~n~t], Prc.;ldent, or Vice Chairman, as the case may be, and they .;., ~ I n .... ~ .,~ .,,~ch time and place ,~s directed by the officer calling th,-~,,n,~.t~g.~,~ ~.~uch calls may be made by personal notification. A ma3or~ty of tht: Board of Directors will constitute a quorum and if a quorum be preterit, then any manner of business may be attended to and th,~ F,)undat[on b,3 bound. ARTICLE KVII ~CATION OF MEETINGS A!] ~n,-~,'k ~r]gs of the Board of Directors shall be held at the ?t-:ri,ri?.,1 off[ce of the Four]dat[,~t~ in the City of College Station, Te'.:..~.s, ~3r df_ such other p~ace within or without the State of Texas as :.~}' ~,,~ ],,.s t ~,t~:,3~1 by the Chairman or Vice Chairman calling the ql,~''~. I '~ : . ARTIC[,I': ~VII[ SPEC~Ab MEETINGS :~p,-~ci.i] meet lags of the Boar,~ of Directors maybe held at any t[m~3 u?gtl the ca~ of the Chairman, or the Vice Chairman of the Foundation. I f ,3 special meeting is called, the parties calling the :neetir]3 shal~ tint,fy the Secretary of the Foundation of the agenda [te:a~. Th~ ~ecr,~t~r-y of the Foundation or his delegate shall the~-,3af'..~- v..r'}~.~ll~, or in wr[ti~g uot[fy all of the d~rect0rs of the ARTICLE XIX OTHER COMMITTEES T'}~,. :.,,~c] may fromm t ] n~, ~o time by resolution create such oth,-~r-~ommitt~,3 or committees of directors, officers, employees, or ,~t]~er persons ,lesignated by it for the purpose of advising the Board, the Ex..c.~{ i ;e Committee, and the officers and employees of the Fou~]dat[o~% [n ail such matters as the Board shall deem advisable and '~ith such functions and duties as the Board shall by resolution prescribe. A mdjority of a]l the members of any such co~ittee may determine lt~ action and affix the time and place of its meeting unless thc R,).~r,~ sh.~ll otherwise provide. The Board shall have the power to ~han,3e the ,n,~.a~)ers of any committee at any time and to discharge any ;,],;}~ ,_'r~,nni~ L* ..... tther with or withotlh catlqi} at any time. ART [CT,E XX SALE OF REAL ESTA'I'}'] All ~cuveyances, including sale, purchase or mortgage of :'e.-~ est.~t~ by the Foundation, ~hall be in writing, signed and -~ ~ko~]~3 ],j,3,] ),y Lhe President, or in case of the absence, refusal, or ~na~l ~ty of the President to act, the Chairman shall execute same and th~ Secretary shalt attest such conveyance under the official seal of tl~,~ Foua,iatzon. No rea[ estate shalt be purchased, sold, mortgaged, ,.~r- otherwise disposed of unless the conveyance or encumbrance shall rLl''4'. ]l't'.',~ i ,'.',, c~r,let'c~l by r,.,,;~>luLion ? t:;.;,' ] by the B~>al-d ~f Directors. These sa,ne requirements shall apply to leases made upon the property o£ the Foundation. ARTICLE XXI EXECUTION r)F CONTRACTS, [/3AN, CHECKS, AND DEPOSITS Section 1. Execution of Contracts. The Board of Directors ~nay authorize by resolution any officer or officers, agent or agents, att(~r~]ey or .~ttorneys to enter into any contract or execute and del [vet any ] t]~{trument in the n~me of or on behalf of the Foundation. Such a,~thority' may be ge~,~r,~] or- ,?o~fined to the specific instance; and ,~'~le~:~ %,, .~,~thor[;~,,,~ by t}~,-. ~%oard of Directors or expressly .t,~th,~-L.¢,=.l }~?, these [~ylaws, no ,-~fftcer, agent , or employee shall have a:]}, p,)~e~' o[- ,~,~ }~.,rity t ,'3 bf ~]~J the }~o~tn,].at ton by any contract or other N,.,cf l.'~r~ ~. Loans . No lo.ins sha~l bP contracted on behalf of or by tl~e Fo,in 1.~tinn, .]n,t r~ l;onds, notes, or o~her negotisble papers sha]] be ~ss,~,~,t ~,l ~ts n,~,m~ ,~nl,~ss n,~thorized by the Board of Directors Section 3. Checks, Drafts, etc. All checks, drafts, or other ot-.~,~r%; For' the ~.-4ym~nt .~f mo;:ey nn,t alt bonds, notes or other evidences of ~;~!,.,htedness ~s:sued i~ the name of the Foundation shall b,~ s Lgne,] by an?' two officers of the Foundation. 1] Section 4. Deposits. All funds of the Foundation shall be dep~)'~ite,'] to the cre,]it of the Foundation at banks, trust companies, ,r .,~)~,,~- ,!,:[,.,'~.,'~r ies as th~, Bo,t~-,~ of Directors may select. ARTICbE ~XI[ RECORDS OF THE FOUNDATION .'Section 1. Definitions. As used in this Article 23, the term "public records" shall have the same meaning as prescribed in Article 6252-17a(2) Texas Revised Civil Statutes as amended; and the ter~.n "confidentS. al information:" means the exceptions listed under Section 2. Custodian of the Public Records. The Secretary ,~ th,: "~ ,au~ .-~ his ~eLegate, shall be the custodian of all public ~,:,3 ~l ,].~ ,>[ ~,~,. ~.',),l~,l.~t[o~ a~]~] the c,~stodian shall be res~onsible f~r i.}~,_~ ?~ (?~erv~ ~,_~] and ~"are ,Df such records. It shall be th~ duty of the ,',~t,3 ]~..~n .~£ ,?,]%)~ kc records to see that such records are made · '~v'~iab],, f.,~r p,~bl[c inspect[on a~],~ copying, that the records are ,_ ~-ef,~] ]y ~r,~t,3cte,] and preserved from deterioration, alteration, ~::,:t[l-~t~o~%, loss, removal or destruction, and that such records are repa[re..], ~-enovated or rebound when necessary to preserve them ?~oi~erly. ?D]en records are no longer currently in use, ~t shall b,-~ w~t.~] ~] :!~,; ,]~.~;,.~retion of the Found~%tion to determine a period of time f,~.~' which said records will be preserved. ]2 Section 3. Furnishinq of Public Records. It shall be the !uty of the ,:,~stodlan of ~.,]b].ic records of the Foundation or his !,,],.,j ~t,:,, ~ !~r-r~,]uce such r~',COL'Ct:, ~,~.>r] the app] [cation of any person ~n.t t,~ mak0~. t}he same available for inspection and copying within the !),.~rk,3,J ~f t~me, in the manner, and for the charge as specified in Art~cfe 6252-17a, Texas Revised Civil Statutes. The Foundation sha] 1 have the right to request an opinlon of the Attorney General in ctrcumstances contemplated by said Act. Section 4. Confidential Information. Confidential · nformation of the Foundation shall not b~ made available for [~s.~)ection and/or copying. Nor' shall the same be distributed. ARTICLE XXIII M[SCELI,ANEO[JS PROVISIONS Fiscal ~',,.~'.'. The fiscal, year of the Foundation Section 1. ,;h~li c',~rresj~or].l with the C~ty ~,f ~'ollege Station's fiscal year. Sect ion 2. Amendments. These Bylaws may be altered, , q,'r] ],,'] ,3~ ]-,2f, e.~le,l an,] new Bylaws may be adopted by the Board of Directors at ,-~ny regular or special meeting upon the affirmative vote ~f a majority of the df rectors present, except that Article 4 of these r{'f!.,ws may only be altered with the approval of the City Council of the ~=e=~*_~o~ ). Corporate Seal. The directors shall provide a -.,~ ~ ,r ., , .~.}~lc~ ,~1 ] ~ .... -,~.' ']ar ~n form and sha]~ have ] %, l r:.,.-r ~;,,, i ~... ~.- ,fl t h,; n,~m~ of the Foundation. ~RTICLE XX[V 'Fh.- ~i %ws, ,~ce[)t Article 4 (Appointment and ~,l,~] ~f~cat~,~:]:~ of Di.[ectors) hereof, may be altered, changed, or a,q,~.~ ],3,1 by ,_~,~ ma]or Lty vote of aI% the ,tirectors of the Foundation at any ,tLrecto~s' meeting especially called for that purpose by the Ch,~r~dn ,DF Vice Chairmar~. ARTICI~E CONFbrCT OF [N'FEREST A .]] re~"t,)~ ,I,~y not ,~o any of th~ following: (1) ~.~rt].c[p.~te ].n a vote o~ ,le~lslon on s matter irlvolvlng ~ b,~s i. nes~: enti ty in which th~ director has a · ~l~;t~n~ ~,%1 ~nterest. [ f it i~ reasonaP.]v :' 3r-e~;c,~tl,l,e tha~ an acf ion ,)n the matter would co;/fer .~n econom[~ benefit to the business entity involve A .~Jrector is said to have a ~ubstantial interest in a ~, lsiness under the following circumstances: ( J~ Fhe interest or ownership of ten percent (10%) or more .~f the voting stock ,~r shares · .¥.'nersliip, $2, 500 or more of the fair market value of the business entity; (3) .'.. .', ,] ',~t ~),,r 'ent (10%) of the }~erson's gross income r~)r thc previous year. A [~;'r~~. ha:] ,] g,]bstantial interest in real property if '.::~, [~,~,.rest ~s ~ e,~,]ltable o~ legal ownership with ~ I'.,tr ,udrket val,~e of $2,500 or more. '%ct'~ ,~s ~ surety for a bus]ness entity that has a contract, ,']~)es work or other business with a Foundation; or Act:~ .~s a surety on an official bond required of an officer of the Fou~]dation. ~5 CE'RT IF[CATE (IF IN('()qPrJ~AT[CIN ,'1 ! COLLEGE STATION ECONOMIC OEVELOPMENT FOUNDATIONs INC. CHARTER NU~RER 189399 THE tJNDERS [GNEI'), AS SECRFT^RY DF STATE t'FRr, bY CERi'IFIES TtlAT ART ICLL:S [.IF ]NCI'}RPORATION CF!.RPtJPATII']N., {)ULY SIGNI {1 ANI) V(o Il'ill] HAVi [(.-" ,',.,Nr.' ^p.r FOIJNI'] TII c.qht IluH Ti'l I AN,,. ACC,)°~)INGLY TH[ tJ,'.lllrl..'Slbf,;[r OF THE STATE OF TEXASs '~' I(3 FOR THE ABOVE BEEN RECEIVED IN THIS SUCh SECRETARY OF STATE, AND BY,~' ¥[~- I'UI fll~ T'([- AUTIIOu['rY VISI'tIJ l'l lt(i ')(('qI-TARY BY LAW, HEREBY ISSUES r,,[', c( L'T I.~'ILLTi (if I~'ICI)P, PIIU,'kTI'IN ANt) ATTACHES HERETO A COPY OF THE AC'T ICL; S 06TFO ~AP., LZ~ lgSh · ,, Secretary of State ARTICLES OF INCORPORATION OF COLLEGE STATION ECONOMIC DEVELOPMENT FOUNDATION, INC. (NON-PROFIT CORPORATION) We, the undersigned and natural persons of the In the Office of the Clerk LB Corporations Section age eighteen years or more, and being citizens of the State of Texas, acting as incorporators of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE CORPORATE NAME The name of the cor[~oration is. College Station Economic Development. Fount]at ion, C,~NPOt~ATE STATUS The c~tp,:,ratlon is a non-profit c:orporatio~. ARTICLE I I DURAT JC)N The period of its duration is perpetual. ARTICLE IV P URPOS ES TT~,-. purpose f¢.,~ which this corporation is formed is to promote the public interest of the City of College Station, Texas and examples of method:- tr~' accom['lJsh s,'.ch purpose are to buy, erect or comJnercla!, ]ndustr:,-.] enterl;r~s,, lu,,.-,,.te,~, w[thin, or in the vic'~n~ty of, the City of College Station, Texas, and to accumulate and lend 1 money for said purposes: t o purchas,:, scl 1, and subdivide real prol),.rty lr~ the City of College Stati(u], TCXdS O~ its suburbs, not extending beyond the City of College Station extraterritorial juris,fllction (ET,I) am such ETJ may exls* from time to tim(-., for the use of, but not limited to research, scientific, commercial, manufacturing, and industrial enterprises and to accumulate and lend money for said purpose; to accumulate and lend money for advertising for general and tourist promotion of the City of College Station and its vicinity: and and to conduct and operate a solicitation program attract businesses, industries, conventions and visitors to the City of College Station and its vicinity either by thzs corporation or through contracts w~th persons or organization selected by this co r [--,c r a t lon. This corp,.)rat]on is formed s~ t-~ctly as ,~ civ],' under~ anl th~ purpnse and powers h~r,'.]n granted shall be ]i,'ntted ap~.l~catlon to r,_'ndering, financial and othe~ assistanc~ tc the com~,qercial, manufacturing, and industrial development of the ('it), of C~ ]ec,? Station and its vicinity; to render aid to research, scientific, commercial, manufacturing, and industrial enterprises situated in such area; to induce the location in said City an~, its vicinity of other research, scientific, commercial, ma:]ufacta.'-in.g, and industrial establishments; advertising for the general promotion ar.~ devel0~ment of the City of College Station and its vicinity: and '',?zo S'.,:' l",n, T,~x~.s ,'~n,'~ its vicinity. 2 This corporation shall t~av{~ and ~.xercise any and all powers, rlgl~s an~. privileges which a c,~tpc~rat Ion orgtn~zed under the Non- Profit Corporation Act of the 9tate of Texas may by law now hcreafter }~av,3 or exercise: provided tnat none of the objectives purposes here~n set out sba! 1 be const v~o~ to authorize the corp~ration to do amy act in violatlom of said Non-Profit Corporatio[, Act or Part Four of the Texas Mis('e] laneous Corporation Laws Act, and all such objectives or purposes are subject to said Acts. ARTICLE V ADDRESS T}~e street address of the tnitia~ r~q]~tered office of the corporation is 1300 Jersey Street~ College St~t~n~ Texas 77840, and the name of its initial registere~9 a~ent a* %.3c.h address is Dennis Goehrlng. A~'rl"I,F V1 The affairs of the corporatlor, shall be muna~ed by a Board of Directors, being appointee] by the C~ty Councx ~ o} the C~ty of Station. The number of directors shall be, from time to time, as provided by the Bylaws of the corporation. The number of directors constituting the initial Board of D~rectors is eight and the names ~d,!re%se~; of the persons who are t~.s,.~vc a~, th~ initial ]]rectors Ad,ire.',,. B~ ] ] Cr~r~]cy Brazo,~ ( ot]r:ty COtlrthotlse Bryan, Texas 7van] ,,.,r ~dlr~ ,]o~. . Davi~ Departmcn! ,~f Fiscal Affairs 80% t{u,l,](,.~ Tower C,)[ leqo qfot. lon, Texas 77843 Dt ('k ~{addox !735 Bri.trcrest Drlvo Bryan, Texas 77801 · c. t C v ,~ }! a r%.", n n 9935 C¢~llego Statzon, Texas 77840 Britt Rzce ~002-C [,ongmire Drive C~] lege Station, Texas 77840 Edwin W. Schultz ]408 University Drive East .q~i ~ e 103 leg,. ,qt.n* J¢'n~, Texas 77840 Pi ] ] qensibau,~h 7807 F Col]eqr, StaLJon, Texas 7784 8{)] ']n~vers]ty Dzive ARTICi,F VI ! I N CCI R PO RATt, ~ho nam,~ and street ad,lress ,Df' ,,tr h trlcol°porator 1 s: Add res s L,i.,':n ;.;. Scht~ltz ]4",8 University Drive E College Station, Texas 77840 1300 Jersey Colleqe Station, Texa.~ 77840 P:' I Sensibaugh 7807 E. ByPass College Station, Texas 77840 ARTI('LI.' VIII DISSi~I,[ffI'ION AND AMENDMENT ~'~,, .', !~:;~o]ut ion of ~he corp.~rat ion, o~her than incident to a :n~'l-,7,'~ ~.r ,' '~.s~] l,~,l~ ].~1, tho ,tssets, I f dr]y, of the corporal shal 1 be -:~anted, conveye,t nn,i dqs~qned t(, the City of College Station . Dissolution mf the corporation must be approved in writing by not less than two- l[~trds (2/3) of the Directors. IN WITNESS WHEREOF, We, the undersigned, have hereunto set our hands this 6th day ~f February, 1986 TI!F: STATE C-~F' T},..:.::< !'!.F ~P[; ~l!~, a Nmtary l'ul',lJc, c,n this day personally appeared_ Edwin W. Scht:ltz, Dennis I{. Goehring and Bill Sensibaugh, known to me t,-, be t:.. r~'r:',.~:~s wh,~so name~ are subscribed to the foregoing ,] ~.',:m~_..,' , an! ~,,, ]~:~i ~,} 'n,_ f:r.~t July :.;w,:rn, severally declared that true and correct. GIVEN UNDER MY 1986. HAND AND SEAL OF OFFICE, this ~{'k day ~Gbiic ih-~nd for the Notary ,] ;JAY DON WATSON Nolary Public, Stale of Texas Mi' Commission Expires: 5-31-89. of 6