HomeMy WebLinkAboutPR 23409: AMENDING ARTICLE VI, PORT ARTHUR HOUSING FINACE CORPORATION AND APPOINTING MEMBERS P.R. No. 23409
10/18/2023 gt
RESOLUTION NO.
A RESOLUTION AMENDING ARTICLE VI OF THE ARTICLES
OF INCORPORATION OF THE PORT ARTHUR HOUSING
FINANCE CORPORATION AND APPOINTING MEMBERS TO
THE HOUSING FINANCE CORPORATION BOARD OF
DIRECTORS
WHEREAS, Resolution No. 79-406 created the Housing Finance
Corporation and approved the Articles of Incorporation, and Resolution No.'s 90-
143 and 90-148 amended the Articles of Incorporation; and
WHEREAS, pursuant to Section 394.021(b) Local Government Code, the
Council has the authority to appoint members to serve on the Board of Directors
in the manner and for the terms provided by the Articles of Incorporation; and
WHEREAS, Article VI of the Articles of Incorporation provides that each
of the nine (9) Directors of the Board of Directors of the Housing Finance
Corporation are appointed by the City Council Members whose position number
corresponds to the position number of the Director; and
WHEREAS, it is now deemed in the best interests of the citizens to
amend Article VI of the Articles of Incorporation of the Port Arthur Housing
Finance Corporation as amend the number of Directors to seven (7) to
correspond with the current number of councilmembers in their respective
positions; and
WHEREAS, these members are also to be confirmed by the City Council;
and
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WHEREAS, there is a need to make an appointment for all Positions,
which are currently vacant; and
WHEREAS, the following persons are the Board of Directors of the Port
Arthur Housing Finance Corporation as delineated on the December 3, 2018
Period Report of a Nonprofit Corporation, attached hereto as Exhibit "A":
Clonie Ambroise
Levi Adams
Deral Seigler
John Comeaux, President
Richard Cox, Secretary
Floyd Marceaux, Vice President
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and
correct.
Section 2. That Article VI of the Articles of Incorporation of the Port
Arthur Housing Finance Corporation is herein amended, in substantially the same
form as delineated in Exhibit "B", attached hereto.
Section 3. That the following persons shall therefore be the appointees
to the Housing Finance Corporation.
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APPOINTEES: Term Expires:
District 1
District 2
District 3
District 4
Position 5
Position 6
Mayor
Section 3. That the term shall be two (2) years effective immediately.
Section 4. That a copy of the caption of this Resolution be spread upon
the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
, A.D., 2023, at a Regular Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor: ,
Councilmembers:
NOES: .
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
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APPROVED AS TO FORM:
Val Tizeno, C Att ey
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
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EXHIBIT "A"
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Form 802 ,. -— , This space reserved for filing office use.
(Revised 08/12) "A*
Submit in duplicate to: "` sv.h7 1 FILED
Secretary of State _` In the Office of the
Reports Unit Secretary of State of Texas
P.O.Box 12028 DEC 0 3 2018
Austin,TX 78711-2028
Phone: (512)475-2705 Periodic Report
FAX: (512)463-1423 of a Corporations Section
Dial: 7-1-1 for Relay Services Nonprofit Corporation
Filing Fee: See Instructions
File Number: 49710101
1. The name of the corporation is: (A name change requires an amendment;see Instructions) RECEIVED
Port Arthur Housing Finance Corporation DEC 03 2018
2. It is incorporated under the laws of: (set forth state or foreign country) Texas Secretary of State
3. The name of the registered agent is:
❑ A. The registered agent is a corporation(cannot be entity named above)by the name of:
OR
❑ B. The registered agent is an individual resident of the state whose name is:
Patricia H Hyde
First Name MI Last Name Suffix
4. The registered office address,which is identical to the business address of the registered agent in Texas,is:
(Only use street or building address:see Instructions)
3168 Dogwood Lane Port Neches TX 77651-6030
Street Address Ciry State Zip Code
5. If the corporation is a foreign corporation,the address of its principal office in the state or country under
the laws of which it is incorporated is:
Street or Mailing Address Ciry State Zip Code Country
6. The names and addresses of all directors of the corporation are: (A minimum of three directors is required.)
(If additional space is needed,include the information as an attachment to this form for item 6.)
Clonie Ambroise
First Name Ml Last Name Suffix
6111 Reba Port Arthur Tx 77642 Jef
Street or Mailing Address City State Zip Code Country
Levi Adams
First Name MI Last Name Suffix
2600 Bridle Path Port Arthur Tx 77642 Jef
Street or Mailing Address Ciry State Zip Code Country
Deral Seigler
First Name MI Last Name Suffix
Lt
2430 Green Port Arthur Tx 77642 Jef
Street or Mailing Address Ciry # State Zip Code Country
4644
12116 Form 802—Page 4 of 5
7. The names, addresses, and titles of all officers of the corporation are: (The offices of president and secretary
must be filled,but both may not be held by the same officer.)
(If additional space is needed,include the information as an attachment to this form for item 7.)
Officer Title
John Comeaux President
First Name MI Last Name Suffix
4441 Rolling Rock Port Arthur Tx 77642 Jef
Street or Mailing Address City State Zip Code Country
Officer Title
Richard Cox Secretary
First Name MI Last Name Suter
8429 Hollow Bend Port Arthur Tx 77642 Jef
Street or Mailing Address Ciry State Zip Code Country
•
Officer Title
Floyd Marceaux Vice President
First Name MI Last Name Suffix
3748 Touraine Port Arthur Tx 77642 Jef
Street or Mailing Address Ciry State Zip Code Country
Execution:
The undersigned affirms that the person designated as registered agent has consented to the appointment. The
undersigned signs this document subject to the penalties imposed by law for the submission of a materially
false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under
the provisions of law governing the entity to execute the filing instrument.
Date: November 26, 2018
Signature of authorized off r
•
Form 802—Page 5 of 5
EXHIBIT "B"
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ARTICLES OF AMENDMENT
OF THE
ARTICLES OF INCORPORATION
OF THE
PORT ARTHUR HOUSING FINANCE CORPORATION
ARTICLE 1.
The name of the Corporation is as set forth below:
Port Arthur Housing Finance Corporation
The filing number issued to the Corporation by the Secretary of State is
49710101.
ARTICLE 2.
At a Regular Meeting of the City Council of the City of Port Arthur, Texas,
on the day of October, A.D., 2023, by Resolution No. 23- , duly
adopted by majority vote of the Councilmembers in office, Article VI of the
Articles of Incorporation of the Port Arthur Housing Finance Corporation is
hereby amended to read as follows:
"All powers of the Corporation shall be vested in a Board of Directors
consisting of seven (7) persons, each of whom shall be a resident of the City of
Port Arthur, Texas. The seven (7) Directors shall be designated as positions one
(1) through six (7), corresponding to positions on the City Council of said City,
i.e., position number one (1) shall correspond to the Councilmember for Council
District one (1), and so on for each respective Council position, with position
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number seven (7) corresponding to the Mayor. Each Director shall be
recommended (appointed) by the Councilmember whose position number
corresponds to the position number of the Director and confirmed by the City
Council. A Director may be removed for just cause at any time by majority vote
of a majority of the City Council at a City Council meeting. The term of each
position shall be two (2) years. Directors shall have no conflict of interest and
shall have the same qualifications as required for membership on the City
Council, except there shall be no Council District residency requirement for
Directors.
Should any vacancy occur for any reason on the Board of Directors, the
Councilmember whose position number corresponds to the position number of
the Director shall recommend another Director to fill such vacancy within two (2)
consecutive, regular sessions of the City Council, provided that, should such
Councilmember fail to do so, then the City Council shall make such appointment.
A Director of the Corporation shall not be liable to the Corporation for
monetary damages for an act or omission in the Director's capacity as a Director,
except that this does not authorize the elimination or limitation of the liability of
a Director to the extent that the Director is found liable for: (1) a breach of the
Director's duty of loyalty to the Corporation; (2) an act or omission not in good
faith that constitutes a breach of duty of the Director to the Corporation or an
act or omission that involves intentional misconduct or a knowing violation of the
law; (3) a transaction from which the Director received an improper benefit,
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whether or not the benefit resulted from an action taken within the scope of the
Director's office; or (4) an act or omission for which the liability of a Director is
expressly provided by an applicable statute.
All other matters pertaining to the internal affairs of the Corporation shall
be governed by the Bylaws of the Corporation, so long as the Bylaws are not
inconsistent with these Articles of Incorporation, the Texas Housing Finance
Corporations Act, or any other law of the State of Texas."
ARTICLE 3.
STATEMENT OF APPROVAL
The amendments to the Articles of Incorporation have been approved in
the manner required by law and by the constituent documents of this
Corporation.
EFFECTIVENESS OF FILING
This document will become effective at a later date, which is not more
than ninety (90) days from the date of its filing by the Secretary of State. The
delayed effective date is
EXECUTION
The undersigned signs this document subject to the penalties imposed by
law for the submission of a false or fraudulent document.
CITY OF PORT ARTHUR
BY:
Thurman Bill Bartle, Mayor
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ATTEST:
Sherri Bellard, CITY SECRETARY
VERIFICATION
STATE OF TEXAS §
COUNTY OF JEFFERSON §
I, , a Notary Public, do hereby certify that on
this day of , 2023, personally appeared before me
Thurman Bill Bartle, who being by me first duly sworn declared that she is the
Mayor of the City of Port Arthur, and she signed the foregoing Articles of
Amendments as the act and deed of the City of Port Arthur, and that the
statements therein contained are true and correct.
Notary Public in and for the
State of Texas
My Commission Expires:
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