HomeMy WebLinkAbout92-289810
Plainview Higher Educational Facilities Corporation
ORDINANCE NO. 92-.2898
An Ordinance. by the City Council of Plainview, Texas,
requesting, ordering, approving, and authorizing the
creation of the "Plainview Higher: Educational Facilities
Corporation" to act for anal on behalf of the City pursuant
to and in accordance .with the.. provision of Section 53.35(b)
of the .Texas Education Code, as amended;. approving the
articles of incorporation for its creation and initial
bylaws governing its affairs; appointing the initial
Board of" Directors therefor; and making certain findings,
.recitals, and provisions. in regard to 'said corporation
and matters incident and related to its .establishment,
operations, and affairs.
WHEREAS, this Council finds that it is advisable to request, order, approve,
and authorize the creation of the "Plainview Higher Educational Facilities
Corporation," under and pursuant to .the provisions oi' Section 53.35(b) of the
Texas Education Code, as .amended (hereeinafter referred. to as the "Act"), to
act for and on behalf of the City as its duly constituted authority and
instrumentality to exercise the powers .granted under the provisions of
Sections 53.33 and 53.35(b) of the .Texas Education Code; and
WHEREAS, upon reviewing ;the proposed articles of incorporation, and
bylaws, this Council hereby finds and determines that the .aforesaid
Corporation should be created and established to act for and on behalf of the
City for the limited purposes specified,, .and the articles of incorporation and
bylaws- prepared for its creation.,. establishment, argani~,~tion, and governing
of its internal affairs be approved; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF PLAINVIEW, TEXAS:
Section 1: That the creation and establishment of "Plainview Higher
Educational Facilities Corporation" (hereinafter called and referred. to as the
"Corporation") , under axed pursuant to the provisions of the Act, to act for
and on behalf of the City in the accomplishment of the specific public
purposes set forth in the Act is hereby .requested, ordered, approved, and
authorized .
Section 2: That the Corporation shall have and be vested .with the powers
prescribed in the Act to accomplish: the: specific public purposes prescribed.
herein, and in the conduct of ,its :affairs, .the Corporation. shall be subject to
and comply with the provisions and requirements of the Act and this
Ordinance .
Section 3: That the articles of incorporation and initial bylaws of the
corporation, in the forms attached hereto, are hereby approved for use and
adoption by the Corporation; provided, however, that any amendments to the
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.articles of incorporation or initial bylaws shall be subject to the further
~--~, approval of this Council. The persons named in Article VII of the articles of
incorporation shall be deemed. to have been appointed, and -are. hereby
appointed,. as the' initial directors of the Corporation.
Section 4: That .the Corporation is hereby designated as a duly constituted
authority and `instrumentality of the City (within the. meaning of those terms
in the regulations of the Department of the Treasury. and the rulings of the
Internal Revenue Service prescribed. and promulgated. pursuant to sections
103, 142 and 144 of the Internal Revenue Code of 1986, as amended) and shall
be authorized to .act on behalf of the City for the public purposes. identified
in Section 1 hereof, but the Corporation is not intended to be and shall not
be the political subdivision or a .political corporation within the meaning of the
Constitution and laws of -the State of Texas, including without limitation
Article III, Section 52 of the State Constitution, 'and no attributes of
sovereignty, including the power to tax, the power of eminent domain, and
police .power, are delegated to the Corporation..
Section 5: .That, upon dissolution of the Corporation, .the City shall accept,
:and hereby agrees to accept, all rights, title, and other interests in and to
any real or .personal property. owned by the Corporation at such time.
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Section 6: That the Corporation is hereby authorized to negotiate and agree
in principal with any ,person, firm, corporation or other entity in .the
performance and accomplishment of its authorized purposes and take official
action. for and on 'behalf of the City .with respect to the development and
financing of a project ar projects as described in the Act.
Section 7: That it is hereby officially found, determined, .recited, and
declared that sufficient written notice of the date, hour, and place of this
meeting .anal the subject. matter of this ordinance was posted on a bulletin
board located at a Place convenient to the public in the time and .manner
required. by Article 6252-17, Vernon's Annotated Texas Civil Statutes, as
amended, and the meeting was at all .times open to the public during which
the. subject matter hereof and this ordinance was discussed, considered and
formally acted upon.
Section 8 : That this .ordinance shall be effective immediately from and after
its passage, and. it is so resolved:.
PASSED AND. APPROVED, this ~ ,day of ~a~ 1992.
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E . V . Ridlehuber, Mayor
ATTEST:
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Karen McBeth, City Secretary
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