HomeMy WebLinkAbout031513 RES - 08/21/2018 RESOLUTION
ADOPTING A CERTIFICATE OF AMENDMENT FOR THE CORPUS
CHRISTI B CORPORATION.
WHEREAS, on January 23, 2018, the City Council voted to approve the original certificate
of formation for the Corpus Christi B Corporation, a Type B corporation (the "Corporation")
for the expenditure of sales tax money for economic development, affordable housing,
and arterial and collector streets as approved by the voters of the City of Corpus Christi;
WHEREAS, the terms of the directors of the Corporation were set to expire on July 31 of
each year, so that the terms were consistent with the terms of the directors on the Corpus
Christi Business and Job Development Corporation (the "Type A Corporation"); and
WHEREAS, the terms of the directors of the Corporation need to be changed to align the
terms with the City's fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the
reasons stated above to adopt a Certificate of Amendment in accordance with section
501.302 of the Texas Local Government Code. Such Certificate of Amendment is
attached to this Resolution as Exhibit "A" and incorporated to this Resolution for all
purposes.
SECTION 2. The City Council adopts the Certificate of Amendment and authorizes the
Mayor and the City Secretary to sign such document in accordance with section
501.305(a)(2) of the Texas Local Government Code and file such Certificate of
Amendment with the secretary of state.
ATTEST: THE CITY OF CORPUS CHRISTI
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R ecca Huerta Jo Comb
City Secretary M y r
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Corpus Christi, TexasQ. ��}}
of , 18
The above resolution was passed by the following vote:
Joe McComb
Rudy Garza
Paulette Guajardo , ' ,
Michael Hunter
Debbie Lindsey-Opel I ,IL
Ben Molina S ,
Lucy Rubio I''
Greg Smith Of
Carolyn Vaughn '/
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FILED
Secretarye offStatof thTexas
CERTIFICATE OF AMENDMENT FOR
CORPUS CHRISTI B CORPORATION OCT 0 8 2018
Corporations Section
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
WE, THE UNDERSIGNED natural persons do verify that the amendments to the
Certificate of Formation have been approved in the manner required the Development Corporation Act
and the Corporation's governing documents:
The Corporation is a nonprofit corporation under the Texas Business Organizations Code
and a corporation under the Development Corporation Act of 1979, Sections 501-505 of the Texas
Local Government Code (the Act) and governed by Sections 501 and 505 of said Act. The filing
number issued to the Corporation by the Secretary of State is 802947061. The date of formation
for the Corporation is February 14, 2018.
This Certificate of Amendment was adopted by the City Council of the City of Corpus
Christi by resolution on August 21, 2018.
AMENDMENT:
The Certificate of Formation shall be amended, effective on October 1, 2018, by altering
each of the following provisions as laid out below.
ARTICLE NINE
BOARD OF DIRECTORS
(a) The affairs of the Corporation shall be managed by a board of directors composed of
seven persons appointed by the City Council. - - • . ' . . •- •-• '.
years expiring on July 31 of each year. The terms of the directors shall be two years
expiring on September 30. Terms for three of the directors will expire on September 30,
2019, terms for the remaining four directors shall expire on September 30, 2020.
Directors may be appointed to succeed themselves. No Director may serve longer than
six years consecutively unless such service is required to complete an unexpired term._
Once a director has served for a total of six consecutive years, unless an exception under
the City Charter applies, his or her term shall immediately expire and his or her position
shall become vacant.
(b) The names and street addresses of the persons who are to serve as the initial directors and
PAY TO THE ORDER OF
TEXAS COMPTROLLER/SECRETARY OF STATE
STATE OF TEXAS
18/88/2818 85:88 PM
Register Number: 842117828883
III I II I II I I IIIIIII l II I'II 11111
8423.178200030
•
the dates of expiration of their current initial-terms as directors are as follows:
NAMES ADDRESSES
Expiring September 30, 2019
Scott Harris 500 N. Shoreline, Corpus Christi, TX 78401
Gabriel Guerra 4211 Ayers St., Corpus Christi, TX 78415
John Valls 615 N. Upper Broadway#616, Corpus Christi, TX 78401
Expiring September 30, 2020
Lee A. Trujillo 6102 Ayers, Ste. 106, Corpus Christi, TX 78415
Randy Maldonado 338 44th, Corpus Christi, TX 78405
Leah Pagan Olivarri 3833 S. Staples, Ste. S110, Corpus Christi, TX 78411
Robert Tamez 4626 Weiskopf Ln, Corpus Christi, TX 78413
Each director is and must be a qualified elector of the City and a resident of the City. Each
director including the initial directors shall be eligible for reappointment. Each director shall
serve until a successor is appointed. Directors are removable by the City Council at any time
without cause.
(c) The directors shall serve without compensation but they may be reimbursed for their
actual expenses incurred in the performance of their duties as directors. Any vacancy
occurring on the board of directors shall be filled by appointment by the City Council of a
person who shall hold office until the expiration of the term.
(d) The board of directors shall elect a president, vice-president, secretary, and any other
officers that the City Council considers necessary to serve as executive officers of the
Corporation as more specifically provided in the Corporation's Bylaws. The term of each
officer's office shall expire on July 31 September 30 of each year. The City Manager, or
designee, shall serve as executive director of the Corporation and the City Secretary shall
serve as assistant secretary to provide administrative support services for the corporation.
(e) The board shall conduct all meetings within the boundaries of the City. Meetings of the
board of directors are subject to the Texas Open Meetings Act and the Texas Public
Information Act.
(f) Pursuant to Texas Local Government Code §505.052(c), three of the directors must be
persons who are not employees, officers, or members of the governing body of the City.
Each additional amendment herein conforms to the appropriate subtitle in the Development
Corporation Act. This Certificate of Amendment does not contain any other change to the
certificate of formation.
VERIFICATION:
The undersigned sign 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.
Signed this v of (iôUjk2018.
144-
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Joe mb Rebecca Huerta
Mayo City Secretary
City o orpus Christi City of Corpus Christi
STATE OF TEXAS §
§
COUNTY OF NUECES § .
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Joe McComb personally appeared before me on this the DU day of , 2018, and
being first duly sworn declared that he/she signed this application in the ca , city designated, if
any, and further states that he/she has read the above application and the statements therein
contained are true.
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4 YPM',,, MONIQUE TAMEZ LERMA ► N tary P lic, State of Texas,W
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