R244RESOLUTION NO. 244
A RESOLUTION AMENDING THE BYLAWS OF THE CITY OF
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BY
AMENDING ARTICLE I. OFFICES, SECTION 1.01 LOCATION;
AMENDING ARTICLE II. DIRECTORS, SECTION 2.03 REGULAR
MEETING; PLACE OF MEETINGS; AMENDING ARTICLE III.
OFFICERS, SECTION 3.02 EXECUTIVE OFFICERS; AMENDING
ARTICLE III. OFFICERS BY ADDING SECTION 3.03 OTHER
OFFICERS; AMENDING ARTICLE III. OFFICERS BY ADDING
SECTION 3.08 EXECUTIVE DIRECTOR'S ADDITIONAL POWERS
AND DUTIES; AMENDING ARTICLE VII. MISCELLANEOUS,
SECTION 7.07 QUARTERLY REPORTS; AMENDING ARTICLE VIII.
PROVISIONS REGARDING BYLAWS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 4B of the Development Corporation Act of 1979, as
amended, Article 5190.6, Vernon's Texas Civil Statutes (the "Act"), as amended, the City of
Kennedale has created the Kennedale Economic Development Corporation to act on its behalf in
undertaking projects authorized by Section 4B of the Act; and
WHEREAS, the City Council has previously approved bylaws and amended bylaws
governing the operation of the Kennedale Economic Development Corporation; and
WHEREAS, the City Council now desires to amend the current bylaws.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
ARTICLE 1.OFFICES
Section 1.01 of the Kennedale Economic Development Corporation Bylaws is hereby
amended to read as follows:
Section 1.01 Location. The principal office of the Kennedale Economic Development
Corporation (the "Corporation") is located at the Kennedale City Hall, 405 Municipal Drive,
Kennedale, Texas.
ARTICLE II. DIRECTORS
.Section 2.03 of the Kennedale Economic Development Corporation Bylaws is hereby
amended to read as follows:
Section 2.03 Regular Meetings; Place of Meetings. Regular meetings shall be held at the
Kennedale City Hall, 405 Municipal Drive, unless otherwise determined by resolution of the
Board. In any event, all meetings shall be held within the corporate boundaries of the City of
Kennedale. A meeting of the Board for the election of officers and the transaction of other
business hall be held on the third Tuesday in October of each year, unless changed by resolution
of the Board. All meetings shall be called and held in accordance with the Texas Open Meetings
Act, Chapter 551, Government Code, as amended.
Paragraph (3) of Section 2.10 of the Kennedale Economic Development Corporation
Bylaws is hereby amended to read as follows:
Section 2.10 Additional Powers
(3). To sell, lease, or otherwise transfer the real or personal property of the corporation on such
terms as the Board may see fit and to execute all deeds, leases and other conveyances or contracts
that may be necessary for carrying out the purposes of this corporation.
ARTICLE III.OFFICERS
Section 3.02 of the Kennedale Economic Development Corporation Bylaws is hereby amended to
read as follows:
Section 3.02 Executive Officers. The executive officers of the corporation shall be a president
and vice-president. The Board, at each annual meeting shall elect these officers by ballot. These
offices shall be held by Board directors.
Section 3.03 of the Kennedale Economic Development Corporation Bylaws is hereby added to
read as follows:
Section 3.03 Other Officers. The office of secretary shall be held by the city secretary. The
office of treasurer shall be held by the city's director of finance. The city manager shall serve as
the executive director of the corporation and shall provide such staff as may be necessary for
administrative support services for the corporation. The Board may appoint such other officers as
they deem necessary, who shall have such authority and shall perform such duties as from time to
time, may be prescribed by the Board. The Secretary, Treasurer and Executive Director shall be
non-voting ex officio members of the Board.
Existing Section 3.03 is hereby renumbered to read 3.04; Section 3.04 is hereby renumbered to
read 3.05, Section 3.05 is hereby renumbered to read 3.06; Section 3.06 is hereby renumbered to
read 3.07.
Section 3.08 of the Kennedale Economic Development Corporation Bylaws is hereby added to
read as follows:
Section 3.08 Executive Director's Additional Powers and Duties. The Executive Director may
from time to time as directed by the President, Vice-President, or in the absence or disability of
either, the Board, sign and execute documents, instruments of conveyance and contracts in the
name of the corporation.
ARTICLE VII. MISCELLANEOUS
Section 7.07 of the Kennedale Economic Development Corporation Bylaws is hereby amended to
read as follows:
Section 7.07 Reports. The Board shall present to the City Council for review at the next
applicable Council meeting, minutes of each Board meeting as an activity report detailing the
projects and work accomplished since the Board's previous meeting.
ARTICLE VIII. PROVISIONS REGARDING BYLAWS
Article VIII. of the Kennedale Economic Development Corporation Bylaws is hereby amended to
read as follows:
ARTICLE VIII. PROVISIONS REGARDING BYLAWS
8.01 Approval of Bylaws. These bylaws shall become effective only upon the occurrence of
the following events:
(1) the approval of these bylaws by the city council; and
(2) the adoption of these bylaws by the board of directors.
8.02 Amendment of Bylaws. These bylaws may be amended at any time and from time to
time either by majority vote of the directors then in office with approval of the city council or by
the city council itself, at its sole discretion.
8.03 Construction of Bylaws. These bylaws shall be liberally construed to effectuate their
purposes. If any word, phrase, clause, sentence, paragraph, section or other part of these bylaws,
or the application thereof to any person or circumstances, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder of these bylaws and the
application of such word, phrase, clause, sentence, paragraph, section or other part of these
bylaws to any other person or circumstance shall not be affected thereby.
This resolution shall be effective from and after its passage and it is so ordained.
PASSED AND APPROVED on this 10~" day of January 2008.
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Kathy Turner, City Secretary
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Mayor, Bryan Lankhorst