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HomeMy WebLinkAbout69 1006 min 'ILE COPY, RESOLUTION wHEREAS, the South Plains Association of Governments has been organized, under authority Of V.A.C.S., 1011m, as a voluntary association of governments located~in the South Plains Region of Texas; and WHEREAS, the By-Laws of the Association have been examined and found to be proper; and wHEREAS, it is the opinion of .the governing body of the City of Plainview that it will be to its benefit and to the benefit and general'welfare of its citizens as a whole to become a member of the South Plains Association of Governments and to financially support same; NOW THEREFORE BE IT RESOLVED: 1. That the City of Plainview hereby enters into mutual agreement with other governmental units and becomes a member of the South Plains Association of Governments. 2. That the By-Laws of the South Plains Association of Governments, attached hereto and made a part hereof for all purposes are hereby ratified. ' 3. That M. B. Hood, Mayor, be the initial representative to the General Assembly of the South Plains Association of Governments, and that Keltz Garrison, Mayor Pro-Tem, be the designated alternate represen- tative, both persons being duly elected members of the governing body of the City of Plainview. 4. That M. B. Hood, Mayor, being the initial representative to the General Assembly of the South Plains Association of Governments, shall also serve as representative to the Board of Directors. 5. That payment of membership dues, when called for by the Board of Directors of the South Plains Association of Governments, is hereby authorized. 6. That a properly signed and attested copy of this resolution be sent to the South Plains Association of Governments. 7. That this resolution shall take effect immediately upon passage. PASSED AND APPROVED this the 6th day of October, A.D., 1969, at a meeting of the City Council of the City of Plainview, Texas. ATTEST: M. L. REA, City Clerk M. B. HOOD, Mayor BY- LAWS SOUTH PLAINS ASSOCIATION OF GOVERNMENTS BY- LAWS O F TH E SOUTH PLAINS ASSOCIATION OF GOVERNMENTS ARTICLE I - ORGANIZATION On June 7, 1967, there was created, under authority of V.A.C.S., Article 1011m, a regional planning commission known as the Lubbock Metropolitan Council of Governments. In accordance with Resolution C-69-15 adopted May 14, 1969, supporting the creation of a regional association of governments, and in accordance with Resolution C-69-21 adopted August 6, 1969, amending the by-laws of the Lubbock Metropolitan Council of Governments, the name of the organization is hereby changed to the South Plains Association of Govern- ments, thus expanding the organization and creating a voluntary association of local govern- mental units located in whole or in part within the counties of Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry, Yoakum, and such adjacent counties as may seek membership in the Association. All prior actions of the Lubbock Metropolitan Council of Governments are hereby approved as actions of the expanded Association which shall hereafter be governed by these by-laws and by the herein designated three decision-making bodies: General Assembly, Board of Directors and Executive Committee. In ARTICLE II - OBJECTIVES AND DECLARATION OF POLICY creating thls Association it is recognized that: 1. The Association has no power to levy any character of tax whatever. 2o The Association is a voluntary organization through which individual governmental units can coordinate their efforts. Its recommendations are advisory and not mandatory. It is not in itself a government, nor does it seek to become one. 3. The Association shall consider primarily such matters as are of area-wide or regional significance. 4. The physical, economic, and social well-belng of the region, its citizens, and business enterprises are dependent upon an orderly development of the entire region. This will be possible only with the successful coordination of governmental services and policies in a spirit of cooperation. 5o County and city governing bodies are, and should continue to be, the top policy makers in local government.. They are directly concerned wlth all services and regulations affecting the public in their communities. Local un[ts of government, which are closest to the people, should exercise the basic initiative and leadership and should have the primary responsibility for dealing with those problems and needs which require action on a regional basis. Local units of government have the responsibility for anticipating and meeting governmental needs which future development will require, including the need for joint and coordinated area-wide services. 6. In achieving its objectives, the Association may exercise any powers heretofore or hereafter conferred upon it by State Law, provided however, ~n the event any taxing power is hereafter granted, no taxes shall be levied without first being authorized at an election submitted to the quallfled electors resid[ng in the counties or local governmental Section B - Conditions of Membership To become and retain membership' in the Association, General Government members and Special Purpose Government members shall meet two conditions: 1. Formally enter into the intergovernmental agreement creating the Association by passage of an ordinance, minute order, or resolution filed with the Association; 2. Comply with requirements in the By-Laws concerning financial contributions of its members. Section C - Withdrawal A member of the Association may withdraw by a vote of 2/3 of the membership of the member's governing body. Governmental units which withdraw From the Association may subsequently re-join the Association upon payment of dues becoming delinquent during the period of withdrawal. ARTICLE IV- GENERAL ASSEMBLY Section A - Responsibilitles To accomplish the objectives and purposes of the Association, the General Assembly shall have the following responsibilities: 1. To adopt and amend the by-laws of the Association. 2. To propose, initiate, or approve any study, policy discussion, plan, or other Association policy matters. 3. To resolve membership questions. 4. To adopt the Association budget and membership dues schedule. Section B- Representation Membership representation shall be as follows: 1. General Government Members- Each member city and county shall be officially represented by its duly elected presiding officer and/or such other duly elected members of its governing body as they annually select prior to the annual Association meeting. Representation shall be proportional to the population of the governmental Unit according to the last Federal census at the ratio of one representative for each 25,000 persons or fraction thereof. However, there shall be a maximum of five representatives from any one government. 2. Special Government Members- Each member government shall be officially represent- ed by its duly elected presiding officer or by one other duly elected member of its govern- ing body as may be selected. Section C - Alternates Each member government entitled to only one voting representative shall appoint an alternate to serve in the event of the absence of the duly selected representative. Such alternate shall -3- 3. To initiate, advise, and aid in the establishment of cooperative agreements among local governments in the region, and to propose amendments to intergovernmental agreements as necessary. 4. To review proposed policies, plans, and programs for consistency with Association approved policies, plans, and programs for the region. 5. To render advice and technical assistance, upon request of member governments~ [n regard to local governmental problems having regional impact. 6. To provide an opportunity for citizens, state and federal governments, and other agencies having regional interests to cooperate in Association activities. 7. To appoint representative ad hoc or special committees and technical advisory committees as needed to assist in the preparation of plans, programs, and project review. 8. To approve requests for special studies pertaining to a portion of the region provided the cost is borne by the interested members only. 9. To annually elect the officers of the Association and to fill vacancies Jn office. 10o To conduct the business of the Association, and to make such management decisions as are necessary to carry out the objectives of the Association. 11. To maintain appropriate Financial and meeting records for the entire planning program. 12. To allocate components of the annual work program among the Association staff, staffs of other public agencies or private consultants. ]3. To serve as Financial control body, receive funds for the Association, approve contracts, and to transfer funds wlthTn the approved total budget in order to meet unanticipated needs or changed conditions. 14. To propose an annual budget and membership fee schedule to the General Assembly. ]5. To appoint, fix salary of, and remove Executive Director, and to authorize staff positions. 16. To establish bonding requirements for the Executive Director and AssocJatlon OFFicers. 17. To seek and accept contributions and grants-in-aid. Section B- Membership Each General Government member having a population of 10,000 persons or more, according to the last Federal census, shall be entitled to one representative on the Board of Directors for each 50,000 persons total population, or part thereof. These representatives shall be selected by the member's governing body from the member's duly selected representative or representatives to the General Assembly. In addition to the above, the remaining members within each county of the Association shall be entitled to one representative collectively on the Board of Directors. The Board represent- at,ye shall be selected by and From the voting representatives in the General Assembly of such remctinlng members within ~'he county. In a county with a population of less than 10,000 persons, its representative on the Board shall he from a General Government member. In the event a member's jurisdiction overlaps two or more counties, said member shall participate in the selection of a Board member from ~ -~ly one county of its choice. Board members shall be selected annually at or prior to the annual meeting of the Association, and their term of office shall begin at the conclusion of the annual meeting. However, if no government in a county is a member at that time, such Board positions may be filled according -5- its members. Announcement of each meeting shall be either written notice or telephone message. Telephone polls oF the Executive Committee may be made under emergency conditions provided the action is duly ratified at ~he next Committee meeting and is recorded in the minutes of the Committee. ARTICLE VII - OFFICERS Section A- Election The Officers of the Association shall be President, First Vice President, Second Vice President, Third Vice President, Fourth Vice President, Secretary, and Treasurer. They shall be elected by and From the membership of the new Board of Directors at the conclusion of the annual meeting in September of the General Assembly. They shall take office immediately and serve until their successors are chosen. Section B- Duties The duties of each officer shall be: 1. President - The President shall be the Association's trustee of its programs and policies. He shall preside at all meetings of the General Assembly, Board of Directors, and Executive Committee. 2. Vice-President - The Vice Presidents shall, in their respective order, assume the duties of the President in bls absence. 3. Secretary - The Secretary shall be responsible for keeping the minutes of all meetings and the other records of the Association. 4. Treasurer - The Treasurer shall be responsible for keeping the financial records of the Association. ARTICLE VIII - STAFF Section A- Executive Director The Board of Directors shall employ an Executive Director who shall be qualified by training and experience for the position and who shall serve at the pleasure of the Board of Directors. The Executive Director shall be the chief administrative officer of the Association and shall, subject to policies, rules, and regulations of the Association, act for and in the name of the Association. The Executive Director shall be responsible for coordinating all staff and consultant services provided to the Association; preparing and administering the annual work program and budget; employing, retaining and removing all other personneJ as may be necessary; and performing all other duties delegated to him by the Board of Directors. Section B- Employment The Board of Directors shall provide such staff as deemed necessary to carry out the purposes and functions ot: the Association through authorization of positions. -7- Section D - Financial Assistance The Board of Directors may apply For, contract For, receive and expend Funds or grants From the State of Texas, the Federal Government, or any other source. Section E- Depository Funds of the Association shall be deposited in a depository designated by the Board of Directors and may be expended upon check or warrant in accordance with rules established by the Board of Directors. Section F - Annual Report and Audit The Association shall prepare an annual report which shall be submitted to all voting represent- atives. The Association shall have an annual audit made of its Financial accounts and transact- ions during the preceding Fiscal year which shall be distributed to all voting representatives. ARTICLE X- AMENDMENTS These By-Laws may be amended at any meeting of the General Assembly by affirmative vote of 2/'3 of the representatives present, provided that at least 10 days notice in writing Ts given to all voting representatives setting forth the proposed amendments. Further, such amendment shall not be effective until approved by 51% of the total General Government representatives. Those General Government representatives not present at the meeting shall be canvassed by mall ballot. ~ -9- POLICY OF THE CITY OF PLAINVIEW IN REGARD TO THE PAYMENT OF THE JURORS BY MOTION duly seconded and passed, the City Council of the City of Plainview did at its regular session, Monday, October 6, adopt the following policy pertaining to the payment of jurors serving on the jury in Corporation Court of the City of Plainview. 1. Jurors called and who actually serve on the jury, will be paid $8.00 per day. Jurors called and who are not chosen on the jury, but who are asked to come back later in the day after the first trial to coincide with the anticipated end of the first trial, so that there will be a full panel to choose from for the second trial, will also be paid $8.00 per day. 2. Jurors called for the jury panel who are not chosen on the jury, and who are excused for the day will be paid $5.00 per day. THE- STATE OF TEXAS COUNTY OF P~LE RESOLUTION PAVING RELEASE ~HEREAS~ heretofore the City of Piainview, Texas passed an ordinance being recorded in Voi~ame _ 497 ~ Page 5~3 of the Deed Records of Hale County, Texas, such ordinance containing notice of improvements and apportionment of costs of such improvements by assessing a lien upon the property abutting thereon and in such ordinance there was included paving assessments for subunits: UNIT i_1-68 ~-I-68 3-1-68 4-1-68 ' 5_1_68 10-1-68 S~ET W. 22nd St. W. 22nd St. W. 22nd St. ~. 22nd St. W. 20th St. Mi'iw~uke e St. 11-1-68 SE 9th Street i-4-68~ Ennis St. 2-4-68~ Ennis St. 1-5-68 ~- W. 24th St. FROM EPL of Kokomo St'. EPL of Joliet Street EP~ of independence St. EPL of Houston St. EPL of Houston St. N. Paving Edge of 16th St. EPL of S. Beach St. SPL of W. 4th St. 360~ N. of NPL of W. 4th St. EPL of U.S. Highway 87 TO WPL of Joliet St. WPL of Independence St. WPL of Houston St. WPL of Galveston St. WPL of Galveston St. SP-~ os W. 18th Street WPL of S. Date St. 360' N. of NPL of W. 4th St: SPL of U.S. Highway 70 WPL of Edgemere Drive ~{EREAS~ under the aforesaid subunits such improvements have created no lien or liens against the property assessed pursuant to said s~ounits by reason of the fact that such paving improvements have not been made and there is no i~ediabe plans of making street improvements upon the streets included in said s~ou~nits as embodied in the aforementioned ordinance ~nd it is expedient to remove the cloud and apparent lien placed upon the title of the property goutting the streets to be improved which was included in said subunits. NOW ~P~FORE: KNOW ALL M~N BY ~riE~E PRESENTS:- that the City of Plainview~ acting by and through its officers heretofore duly authorized by resolution of the City Council~ in consideration of the premises above set out the City of Plainview High Plains Pavers~ inc., a corporation~ of Plainview, Texas, do hereby and by these presents release, relinquish and forever quit claim to the o~mer of property affected by paving assessmont liens assessed pursuant to the above listed subunits as embodied in the aforementioned ordinance, their heirs, administrators, executors, successors and assigns, all right, title and interest the City of Plainview or High Plains Pavers, Inc., may have in and to all these lots, tracts or parcels of land abutting property lying and being situated in the City of Plainview, Hale County, Texas. and further described as abutting said subunits as listed. This release affects only the property abutting on the streets included in the paving units and subunits as described and in no way affects any property or liens not specifically described herein and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. 4 EXECUTED this the 6er day of C- 1969. / City Secretary THE STATE OF TEXAS COUNTY OF HALE CITY -0F PLAINVIEW / 4 BY - - Mayor HIGH PLAINS PAVERS, INC. BY BEFORE ME,, THE UNDERSIGNED AUTHORITY, A Notary Public in and for said. County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act and deed of the City of Plainview and as Mayor, for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OF.eICE this day of 1969. (Seal) THE STATE OF TEXAS COUNTY OF HALE Notary Public, Hale County, Texas 'BEFORE ME, the undersigned, a Notary Public, in and for said County and. State, on this day personally appeared to ie to be the person and officer whose name is subscribed to the foregoing instrument as .t of HIGH PLAINS PAVERS, INC., and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and as the act and deed of said HIGH PLAINS PAVERS, INC. 1969. S %, ( ea GIVEN UNDER MY HAND AND SEAL OF OFFICE, his the day of Notary Public Hale County, Texas.