HomeMy WebLinkAboutPO 6386: AMENDING SECTION 7.04 OF THE CITY OF PORT ARTHUR SECTION 4A EDC BYLAWS interoffice
MEMORANDUM
To: Mayor, City Council, and Interim City Manager
From: Val Tizeno, City Attorney
Date: June 3, 2014
Subject: P. 0. 6386 - June 10, 2014 Council Meeting 40
Attached is P.O. 6386 amending Section 7 . 04 of the Port Arthur
Section 4A Economic Development Corporation' s bylaws as to term
limits . On March 18, 2014, the PAEDC proposed this amendment to
their bylaws and the City Council removed the proposed ordinance
(P.O. 6374 ) from the agenda.
The PAEDC has requested this item be placed on the June 10,
2014 Council Meeting. After review, the following was not listed
on the amendment : "Any Director may be removed from office at any
time, by a majority vote of the City Council. " Please advise if
the italicized wording should be added.
s.po6386
Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO nk. 6 .bo_k t5.
Date: May 30, 2014 �10yu`
Subject: P. O. No. 6386; Council Meeting of June 10, 2014
ATTACHED IS PROPOSED ORDINANCE 6386
AMENDING SECTION 7.04 OF THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION'S BYLAWS
P.O. No. 6386
5/30/2014
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.04 OF THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION'S BYLAWS
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") was created per City Ordinance 96-08 as a public non-profit corporation and
adopted its Bylaws; and
WHEREAS, §501.064, Local Government Code allows PAEDC to amend its Bylaws for
the administration and regulation of the Corporation; and
WHEREAS, the PAEDC Board of Directors determined that limiting the number of
terms a director may serve impedes the progress of the projects of the PAEDC; and
WHEREAS, the Office of the Attorney General and the Texas Economic Development
Council both concur that directors may serve as many terms as the economic development
corporation's bylaws provide as long as one term does not exceed six (6)years; and
WHEREAS, Section 7.03 of the Bylaws of PAEDC provides that the Directors shall be
appointed by the respective Councilmember whose position corresponds to the position for
which the appointment is made; and
WHEREAS, Section 7.04 states the term for Directors shall be for a term of three (3)
years or until his or her successor is appointed to fill an unexpired term in which case the term of
the Director shall expire on the expiration date of the term of the Director whose position he or
she was appointed to fill. No director shall serve more than three (3) consecutive three (3) year
terms as a Director; and
WHEREAS, Section 7.04 further states that any Director may be removed from office at
any time, by majority vote of City Council; and
WHEREAS, at the PAEDC Board meeting on March 3, 2014 the Board of Directors
voted to amend the last paragraph in Section 7.04 of the Bylaws to read as follows:
"Subsequent Directors shall be selected as provided for in Section 7.03, and each
subsequent term for Director shall be for a term of three (3) years or until his or her
successor is appointed to fill an unexpired term in which case the term of the Director
shall expire on the expiration date of the term of the Director whose position he or she
was appointed to fill. Any Director may be removed from office at any time, by a
majority vote of the City Council."
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 the City Council approves the amendment to Section 7.04 of the
PAEDC Bylaws to read the term for Directors shall be for a term of three (3) years or until his or
her successor is appointed to fill an unexpired term in which case the term of the Director shall
expire on the expiration date of the term of the Director whose position he or she was appointed
to fill and that the Directors are no longer limited to only serving three consecutive three year
terms. Any Director may be removed from office at any time, by a majority vote of the City
Council.
Section 3. 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., 2014,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
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Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
APPROVED AS TO FORM:
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
Va ecia R. Tizeno, Cit tr .eprr.
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