HomeMy WebLinkAboutResolution 2009-017RESOLUTION NO. 2009-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, APPROVING ARTICLES OF
INCORPORATION AND BYLAWS FOR A LOCAL GOVERNMENT
CORPORATION TO AID AND ASSIST THE DEVELOPMENT OF HIGH
SPEED PASSENGER RAIL SERVICE WITHIN THE SOUTH CENTRAL
AND GULF COAST HIGH-SPEED RAIL CORRIDORS AND
APPOINTING DIRECTORS
WHEREAS, the City of North Richland Hills, Texas (the "Sponsor") has received a
written application (the "Application") for approval of the articles of
incorporation and bylaws of a local government corporation (the
"Corporation"), to be named the South Central High-Speed Rail and
Transportation Authority, Inc., under authority of Chapter 431, Subchapter
D, Texas Transportation Code, to act on behalf of the Sponsor and other
Texas local governments described in the Application; the Application has
been signed by at least three residents of each such local government
(including the Sponsor) who are citizens of the State of Texas and at least
18 years of age; and each such director is a resident of one of such local
governments, including the Sponsor; and
WHEREAS, the City Council (the "Governing Body') of the Sponsor has considered the
Application and determined that the Sponsor and its residents will benefit
from high-speed rail service proposed to be developed with the assistance
of the Corporation along the South Central and Gulf Coast High-Speed
Rail Corridors.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT Resolution 2009-015 is hereby repealed.
SECTION 2. GOVERNING DOCUMENTS. THAT the Governing Body approves the
articles of incorporation and bylaws of the Corporation as presented with the
Application.
SECTION 3. INITIAL DIRECTORS. THAT the Governing Body appoints the persons
specified as initial directors in such articles of incorporation as the initial directors of the
Corporation for the respective terms specified in such articles of incorporation.
Resolution No. 2009-017
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SECTION 4. MODIFICATION OF DOCUMENTS AND APPOINTMENTS. THAT if one
or more local governments specified in such articles of incorporation fail to adopt a
resolution, order, or ordinance approving the form of such articles of incorporation and
appointing the initial directors specified in such articles of incorporation, but at least five
such local governments (including the Sponsor) take such action, then the local
governments that failed to take such action (and the names and number of the initial
directors resident within their boundaries) may be deleted from the articles of
incorporation and bylaws of the Corporation approved and the directors appointed
hereby. If fewer than five such local governments (including the Sponsor) adopt such a
resolution, order, or ordinance, the approvals and appointments made by this resolution
shall be null and void.
SECTION 5. NO LIABILITY. THAT the approvals and appointments made hereby are
solely for purposes of satisfying a condition to the filing of articles of incorporation of the
Corporation with the Secretary of State of Texas and shall not be construed as a
representation, warranty, or other undertaking of any kind by the Governing Body or the
Sponsor in respect of the Corporation. No obligation of the Corporation shall constitute
an obligation of the Sponsor or a pledge of the faith or credit of the Sponsor.
SECTION 6. SEVERABILITY. THAT if any provision of this resolution or the
application thereof to any person or circumstance shall be held to be invalid, the
remaining provisions and applications of this resolution shall nevertheless be valid, and
the Governing Body hereby declares that this resolution would have been enacted
without such invalid provision.
SECTION 7. OPEN MEETING. THAT it is hereby officially found and determined that
the meeting at which this resolution is passed was open to the public as required and
that public notice of the time, place, and purpose of said meeting was given as required
by the Open Meetings Act, Chapter 551, Texas Government Code.
PASSED AND APPROVED this the 8th day of June, 2009.
~~~~~u`""°"""'u~- CITY ORT CHLAN~~.S
s~'`~~``\\~G H Lq ~ p/~~i'~~~i
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3~,~Jf n ..y~~~ By:
a ~ ~ ~, ~ Oscar Trevino, Mayor
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~~~..EST:r ~ ~
Patri~u „ ~~~City Secretary
APP AST FORM AND LEGALITY:
George A. ales, iry Attorney
Resolution No. 2009-017
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