R-79-290 - 12/13/1979PUBLIC NOTICE
PUBLIC NOTICE
To the Citizens of Round
Rock, Texas:
Notice is hereby given that on
the 22nd day of July, 1982, at
7:00 P.M., a Public Hearing
will be held in the City
Council Chamber on the
second floor of the Round
I Rock Public Library, 214
East Main, in the City of
Round Rock, Texas, by the
City Council of the City of
Round Rock for the following
purpose:
Use of Industrial
Development Bonds to
finance a commercial
project under the auspices of
the Development
Corporation Act of 1979 as
amended. Information on
proposed commercial
project may be obtained from
the Department of Planning
and ` Community
Development, City of Round
Rock, Texas; located at 214
E. Main St., Round Rock,
Texas.
CERTIFICATE
I certify that the above notice
of the City Council Public
Hearing was posted on the
bulletin board at the City Hall
of the City of Round Rock,
Texas, on the 1st day of July,
1982, at 5.00 P.M.
JOANNE LAND,
City Secretary
Pub. Dates: July 5, 1982; July
12. 1982.
i ►.7 La. LC 1
sponsored by the Cactus
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Lime Co.
Three members of the
team received special
awards. Felix Pacheco, who
had a home run during the
tournament, received all -
state honors, while Ray
Gonzales was named to the
all - tournament team and Joe
Douglas Johnson received a
coach's award.
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It of a si
PUBLIC NOTICE
To the Citizens of Round
Rock, Texas:
Notice is hereby given that
two (2) public hearings will
be held in the City of Round
Rock, Texas by the Planning
and Community Development
Staff of the City of Round
Rock on the following dates,
times and places:
Thursday, June 3, 1982,
Planning and Zoning
Commission Meeting, 7:00
P.M.
City Council Chambers on
the second floor of the Round
Rock Public Library, 216
East Main in the City of
Round Rock, Texas.
Thursday, June 10, 1982,
City Council Meeting, '7:00
P.M., City Council
Chambers on the second
Floor of the Round Rock
Public Library, 216 East
Main in the City of Round
Rock, Texas.
The purpose of these
hearings is to elicit citizen
participation with respect to
designate a Reinvestment
Zone which meets the
Regulations of the Texas
Industrial Commission to
finance commercial projects
in eligible areas. The
geographical boundaries for
the proposed Reinvestment
Zone described in EXHIBIT
A attached hereto and made a
part hereof for all purposes,
Thence along the railroad
westward to the IH -35
overpass.
Thence a ng the railroad
northwa oSam Bass Road.
Thence stward on Sam
Bass Road to U.S. 79 to U.S.
81.
Thence southward on U.S.
81 to Brushy Creek.
Thence along Brushy
Creek eastward to Burnet
Street.
Thence on Burnet Street
to which reference is made
for more particular
descriptions of said
proposed zone begins at the
intersection of the Burnet
Road and the Missouri
Pacific Railroad Crossing;
southward to the point of
beginning at Burnet Street
and the Missouri Pacific
Railroad Crossing.
I certify that the above notice
of public jiearings was posted
on the bulletin board at City
Hall of the City of Round
Rock, Texas on May 17, 1982,
at 2:30 P.M.
CERTIFICATE
JOANNE LAND
City Secretary
Pub. Dates: May 20, 1982;
May 24, 1982; May 27, 1982
PROPOSED ZONE
The association's primary
purpose, officials said, is to
promote the conservation of
waterfowl and other wildlife
through restoration and
improvement of wetlands.
Those interested should
write the association at P.O.
Box 27372, Memphis, TN
38127.
NE STAR
GATEDEI
xuo. Texas.
rlor Distributing Co.
because of the
concentrations of bait fish
there. "Right now it seems
that the forage dish are
dispersed around the lake
and the redfish are, too,"
Miranda said. Fishermen
are reminded that there is a
16 -ince minimum length
limit.
Infants' Now Si
Now thrett h June 6, save on these
ProWings® athletic shoes with
lightweight nylon, rugged vinyl or
sturdy canvas uppers. In men's,
women's and big boys' sizes.
Regular$12.99 or $14.99.
Now pay even Tess th
IH 35 & U.S. 79
(Round Rock West Shopping Center)
Open 10 a.m. - 8 p.m. Daily
WHEREAS, the Development Corporation Act of 1979, 1979
Tex. Gen. Laws, Chapter 700, Section 1, at 1675 (the "Act "),
authorizes the creation and administration of industrial de-
velopment corporations to act on behalf of cities, counties
and conservation and reclamation districts in the promotion
and development of commercial, industrial and manufacturing
enterprises to promote and encourage employment and the pub-
lic welfare; and
WHEREAS, the Act authorizes cities, counties and conser-
vation and reclamation districts to utilize =an' industrial
development corporation to issue obligations and bonds on
behalf of the sponsoring city, county or conservation and
reclamation district to finance projects promoting and devel-
oping commercial, industrial and manufacturing enterprises;
and
WHEREAS, three natural persons, each of whom is at least
eighteen years of age and a qualified elector of Round Rock,
Texas (the "Unit "), have filed with the City Council (the
"Governing Body ") of the Unit a written application (the
"Petition ") requesting that the Unit authorize and approve
the creation of the ROUND ROCK INDUSTRIAL DEVELOPMENT CORPO-
RATION (the "Corporation ") and approve the Articles of Incor-
poration and Bylaws to be used in creating the Corporation;
and
RESOLUTION NO. G 9 O F.
RESOLUTION AUTHORIZING THE CREATION OF THE ROUND
ROCK INDUSTRIAL DEVELOPMENT CORPORATION AS AN IN-
STRUMENTALITY OF ROUND ROCK, TEXAS; AND CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Corporation has been or will be created and
organized as a Texas nonprofit corporation, pursuant to the
provisions of the Act, for such limited purposes; and
WHEREAS, the Governing Body of the Unit has reviewed and
approved the Petition and the Articles of Incorporation and
Bylaws and has determined to authorize and approve the crea-
tion of the Corporation, a not - for - profit entity, as its
constituted authority and instrumentality to accomplish the
specific public purpose of the promotion and development of
commercial, industrial and manufacturing enterprises to pro-
mote and encourage employment and the public welfare; NOW,
THEREFORE;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
Section 1: That the Corporation is hereby authorized and
approved for creation as an industrial development corpora-
tion under the provisions of the Act.
Section 2: That the Corporation is hereby designated as
the duly constituted authority and instrumentality of the
Unit (within the meaning of those terms in the regulations of
the Treasury and the rulings of the Internal Revenue Service
prescribed and promulgated pursuant to Section 103 of the
Internal Revenue Code of 1954, as amended) and shall be
authorized to act on behalf of the Unit for the specific
public purpose of the promotion and development of commer-
cial, industrial and manufacturing enterprises to promote and
encourage employment and the public welfare; but the Corpora-
tion is not intended to be and shall not be a political
subdivision or a political corporation within the meaning of
the Constitution and the laws of the State of Texas (the
"State "), including without limitation Article III, Section
52 of the State Constitution, and the Unit does not delegate
to the Corporation any of its attributes of sovereignty,
including the power to tax,' the power of eminent domain and
the police power.
Section 3: That the Corporation may, under the condi-
tions set forth in this Resolution, issue obligations on
behalf of the Unit, acquire, lease, sell or convey certain
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properties and make loans'for,the promotion and development
of commercial, industrial and manufacturing enterprises to
promote and encourage employment and the public welfare. The
Unit shall not lend credit or grant any public money or
thing of value in aid of the Corporation. Furthermore, obliga-
tions issued by the Corporation with the approval of the Unit
shall be deemed not to constitute a debt of the State, of the
Unit or of any other political corporation, subdivision or
agency of the State or a pledge of the faith and credit of
any of them, but such obligations shall be payable solely
from the funds herein provided. The Corporation shall not be
authorized to incur financial obligations which cannot be
paid from proceeds of the obligations or from revenues real-
ized from the lease or sale of a project or realized from a
loan made by the Corporation to finance or refinance in whole
or in part a project. "Project" shall mean the land, build-
ings, equipment, facilities and improvements (one or more)
found by the Board of Directors of the Corporation
(the "Board of Directors ") to be required or suitable for the
promotion of commercial or industrial development and expan-
sion, the promotion of employment or for use by commercial,
manufacturing or industrial enterprises, irrespective of
whether in existence or required to be acquired or con-
structed after the making of such findings by the Board of
Directors.
Section 4. That the Articles of Incorporation of the
Corporation and the Bylaws of the Corporation, in the forms
attached hereto, are hereby approved for use and adoption by
the Corporation; provided, however, that any amendments to
the Articles of Incorporation shall be subject to the further
approval of the Governing Body.
- 3 -
Section 5. That the Governing Body shall approve by
written resolution any agreement to issue bonds, including
refunding bonds, adopted by the Corporation, which agreement
and resolution shall set out the amount and purpose of the
bonds. Furthermore, no issue of bonds, including refunding
bonds, shall be sold and delivered by the Corporation without
a written resolution of the Governing Body adopted no more
than 60 days prior to the date of the sale of the bonds
specifically approving the resolution of the Corporation pro-
viding for the issuance of the bonds.. s.
Section 6: That, upon dissolution of the Corporation,
the Unit shall accept title to or`other interests in any real
or personal property owned by the Corporation at such time.
Section 7: That this Resolution is adopted for the
purpose of satisfying the conditions and requirements of the
Act and of Section 103 of the Internal Revenue Code of 1954,
as amended and the regulations prescribed thereunder from
time to time and for the benefit of the Corporation, the
Unit, the owners or holders from time to time of the obli-
gations of the Corporation and .all other interested persons.
Section 8: That the Governing Body has considered evi-
dence of the posting of notice of this meeting and officially
finds, determines, recites and declares that a sufficient
written notice of the date, hour, and place of this meeting
and of the subject of this resolution was posted on a
bulletin board located at a place convenient to the public in
the City Hall of the Unit for at least 72 hours preceding the
scheduled time of such meeting; and that such place of
posting was readily accessible to the general public at all
times from such time of posting until the scheduled time of
such meeting; and that such meeting was open to the public as
required by law at all times during which the Resolution
and the subject matter thereof was discussed, considered and
- 4 -
formally acted upon, all as required by the Open Meetings
L'a w, Article 6252 -17> Vernon's Texas Civil Statutes, as
amended. The Governing Body further ratifies, approves and
confirms such written notice and the contents and posting
thereof.
PASSED AND APPROVED this X ' ' day of )1226m/A4k_, X929
rr
1
ATTEST:
JQ,ANNE LAND, ity Secretary
LARRY L. TO N, Mayor
City of Round Rock, Texas
- 5 -
PETITION FOR CREATION OF
ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION
We, the undersigned qualified electors of Round Rock,
Texas, (the "Unit "), each of whom is at least eighteen years
of age, hereby request the City Council (the "Governing
Body ") of the Unit to authorize and approve by resolution,
pursuant to the Development Corporation Act of 1979, 1979
Tex. Gen. Laws, Chapter 700, Section 1, at 1675, the creation
of the ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION (the
"Corporation ") to act on behalf of the Unit in the promotion
and development of commercial, industrial and manufacturing
enterprises to promote and encourage employment and the pub-
lic welfare. We further request that the Governing Body
approve the attached Articles of Incorporation to be used in
organizing the Corporation and the attached Bylaws to be used
in governing the internal affairs of the Corporation.
IN WITNESS WHEREOF, we have hereunto set our hands this
11th day of December , 19 79.
Name
Robert E. Rhoades
a
m Boles
Richard A. Wells
THE STATE OF TEXAS
COUNTY OF_WILLIAMSON .�
Address
4 deAe
51 S Dennis
7 � ou✓►d Rock ,7 '1,74(y
JS 12oc.4 (, eel
govka Qdc h !i 7x474
a
I, the undersigned, a NQ Public, do hereby certify
that on this day of A/ AIAJ , 19 9'9, personally
appeared before me:
.- � ♦" fi=r � :.- ice.. -. � ' .
Jim Boles
Richard A. Wells
who each being by me first duly sworn, severally . declared
that they are the persons who signed the foregoing petition
as incorporators, and that the statements therein contained
are true.
-
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
JANET L. SCHWARZ NOTARY PUBLIC
WILLI:WAN COUNiy, TEXAS
MY COMMISSION EXPIRES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
N % -tary Public in and for
Williamson County, Texas
My Commission Expires: /4,
'/
aur41. lqc/
I, the undersigned, a Notary Public, do hereby certify that
on this j' A. day of 1)EcE. m/ 2 , 1979, personally appeared
before me Robert E. Rhoades, who being by me first duly sworn,
declared that he is the person who signed the foregoing petition
as an incorporator, and that the statements therein contained
are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
1. C
Notary Public in and for
Williamson County, Texas
A /ANE L. J4IP4€
My Commission Expires:
//-29 -80
•1
BYLAWS OF
ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION
ARTICLE I
POWERS AND PURPOSES
Section 1. Financing of Industrial Development Projects.
In order to implement the purposes for which the Corporation
was formed as set forth in the Articles of Incorporation, the
Corporation shall issue obligations to finance all or part of
the cost of one or more commercial, industrial or manufactur-
ing projects to promote and develop commercial, industrial
and manufacturing enterprises to promote and encourage employ-
ment and the public welfare, pursuant to the provisions of
the Development Corporation Act of 1979, 1979 Tex. Gen. Laws,
Chapter 700, Section 1, at 1675 (the "Act ").
Section 2. Conditions Precedent to Issuance of Obliga-
tions. The Corporation shall not issue any obligations unless:
1) The City Council (the "Governing Body ") of Round
Rock, Texas (the "Unit ") has approved by written resolu-
tion any agreement to issue obligations adopted by the
Corporation, which agreement and resolution shall set
out the amount and purpose of the obligations. No issue
of obligations, including refunding bonds, shall be sold
and delivered by the Corporation without a written reso-
lution of the Governing Body adopted no more than sixty
(60) days prior to the date of sale of the obligations
specifically approving the resolution of the Corporation
providing for the issuance of the obligations; and
2) The Texas Industrial Commission, or the executive
director thereof, has approved the contents of any
lease, sale or loan agreement made by the Corporation
under the Act in connection with the issuance of obliga-
tions by affirmatively finding that the lessee, pur-
chaser or borrower has the business experience, finan-
cial resources and responsibility to provide reasonable
assurance that all obligations and interest thereon to
be paid from or by reason of such agreement will be paid
as the same become due.
. Section § '3• Books- and ' Records; Approval of Programs and
Financial Statements. The Corporation shall keep correct and
complete books and records account and shall also keep
minutes `of: the proceedings o'f its Board of Directors and
committees having any;, of the authority of the Board of
Directors All books and records of the Corporation may be
inspected by any'director or his agent or attorney for any
proper purpose at any reasonable time; and at all times the
Governing Body will have access to the books and records of
the Corporation. The Unit shall be entitled to approve all
programs and expenditures of the Corporation and annually
review any financial statements of the Corporation.
Section 4. Nonprofit Corporation. The Corporation shall
be a nonprofit corporation, and no part of its net earnings
remaining after payment of its expenses shall inure to the
benefit of any individual, firm or corporation, except that
in the event the Board of Directors of the Corporation (the
"Board of Directors ") shall determine that sufficient provi-
sion has been made for the full payment of the expenses,
bonds and other obligations of the Corporation issued to
finance all or part of the cost of a project, then any net
earnings of the Corporation thereafter accruing with respect
to said project shall be paid to the Unit.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Powers, Number and Term of Office. The proper-
ty and affairs of the Corporation shall be managed and
controlled by the Board of Directors and, subject to the
restrictions imposed by law, the Articles of Incorporation
and these Bylaws, the Board of Directors shall exercise all
of the powers of the Corporation.
The Board of Directors shall consist of five (5) direc-
tors, each of whom shall be appointed by the Governing Body.
The directors constituting the first Board of Directors
shall be those directors named in the Articles of Incorpora-
tion, each of whom shall serve for two (2) years or until his
or her successor is appointed as hereinafter provided. Subse-
quent directors shall hold office for a term of two (2) years
or until their successors are appointed as hereinafter pro-
vided.
Any director may be removed from office, by the Govern-
ing Body, for cause or at will.
Section 2. Meetings of Directors. The directors may hold
their meetings at such place or places in the State of Texas,
- 2 -
as the ,Board of,Directors may from time to time determine;
provided, however, in the absence of any such determination
by the Board of,Directors, the meetings shall be held at the
registered office of the Corporation in the State of Texas.
Section 3. Regular Meetings. Regular Meetings of the
Board of Directors shall be held without necessity of notice
at such times and places as shall be designated, from time to
time, by resolution of the Board of Directors.
Section 4. Special Meetings. Special Meetings of the
Board of Directors shall be held whenever called by the
president, by the secretary, by a majority of the directors
for the time being in office or upon advice of or request by
the Governing Body.
The secretary shall give notice to each director of each
Special Meeting in person, or by mail, telephone or tele—
graph, at least two (2) hours before the meeting. Unless
otherwise indicated in the notice thereof, any and all mat—
ters pertaining to the purposes of the Corporation may be
considered and acted upon at a Special Meeting. At any
meeting at which every director shall be present, even though
without any notice, any matter pertaining to the purpose of
the Corporation may be considered and acted upon.
Section 5. Quorum. A majority of the directors fixed by
the Articles of Incorporation shall constitute a quorum for
the consideration of matters pertaining to the purposes of
the Corporation. The act of a majority of the directors
present at a meeting at which a quorum is in attendance shall
constitute the act of the Board of Directors, unless the act
of a greater number is required by law. •
Section 6. Conduct of Business. At the meetings of the
Board of Directors, matters pertaining to the purposes of the
Corporation shall be considered in such order as from time to
time the Board of Directors may determine.
At all meetings of the Board of Directors, the president
shall preside, and in the absence of the president, the vice
president shall exercise the powers of the president.
The secretary of the Corporation shall act as secretary
of all meetings of the Board of Directors, but in the absence
of the secretary, the presiding officer may appoint any
person to act as secretary of the meeting.
- 3 -
,,Section 7. Executive Committee. The Board of Directors,
by - resolution passed <,by a majority of the directors in
office, may ° designate two or. more directors to constitute an
executive committee, which committee, to the extent provided
in such resolution, shall have and may exercise all of the
authority of the Board of Directors in the management of the
Corporation, except where action of the Board of Directors is
specified by law. The executive committee shall act in the
manner provided in such resolution. The executive committee
so designated shall keep regular minutes of the transactions
of its meetings and shall cause such minutes to be recorded
in books kept for that purpose in the office of the Corpora-
tion, and shall report the same to the Board of Directors
from time to time.
Section 8. Compensation of Directors. Directors as such
shall not receive any salary or compensation for their serv-
ices, except that they may be reimbursed for their actual
expenses incurred in the performance of their duties here-
under.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of
the Corporation shall be a president, a vice president, a
secretary and a treasurer, and such other officers as the
Board of Directors may from time to time elect or appoint.
One person may hold more than one office, except that the
president shall not hold the office of secretary. Terms of
office shall not exceed two years.
All officers shall be subject to removal from office,
with or without cause, at any time by a vote of a majority of
the entire Board of Directors.
A vacancy in the office of any officer shall be filled
by a vote of a majority of the directors.
Section 2. Powers and Duties of the President. The
president shall be the chief executive officer of the Corpora-
tion and, subject to the Board of Directors, he shall be in
general charge of the properties and affairs of the Corpora-
tion; he shall preside at all meetings of the Board of
Directors; in furtherance of the purposes of this Corpora-
tion, he may sign and execute all contracts, conveyances,
franchises, bonds, deeds, assignments, mortgages, notes and
other instruments in the name of the Corporation.
— 4 —
Section 3. Vice President. The vice president shall have
such powers and duties as may be assigned to him by the Board
of Directors and shall exercise the powers of the president
during that officer's absence or inability to act. Any action
taken by the vice president in the performance of the duties
of the president shall be conclusive evidence of the absence
or inability to act of the President at the time such action
was taken.
Section 4. Treasurer. The treasurer shall have custody
of all the funds and securities of the Corporation which come
into his hands. When necessary or proper, he may endorse, on
behalf of the Corporation, for collection, checks, notes and
other obligations and shall deposit the same to the credit of
the Corporation in such bank or banks or depositories as
shall be designated in the manner prescribed by the Board of
Directors; he may sign all receipts and vouchers for payment
made to the Corporation, either alone or jointly with such
other officer as is designated by the Board of Directors;
whenever required by the Board of Directors, he shall render
a statement of his cash account; he shall enter or cause to
be entered regularly in the books of the Corporation to be
kept by him for that purpose full and accurate accounts of
all monies received and paid out on account of the Corpora-
tion; he shall perform all acts incident to the position of
treasurer subject to the control of the Board of Directors;
he shall, if required by the Board of Directors, give such
bond for the faithful discharge of his duties in such form as
the Board of Directors may require.
Section 5. Secretary. The secretary shall keep the min-
utes of all meetings of the Board of Directors in books
provided for that purpose; he shall attend to the giving and
serving of all notices; in furtherance of the purposes of
this Corporation, he may sign with the president in the name
of the Corporation, and /or attest the signature thereto, all
contracts, conveyances, franchises, bonds, deeds, assign-
ments, mortgages, notes and other instruments of the Corpora-
tion; he shall have charge of the corporate books, records,
documents and instruments, except the books of account and
financial records and securities of which the treasurer shall
have custody and charge, and such other books and papers as
the Board of Directors may direct, all of which shall at all
reasonable times be open to inspection upon application at
the office of the Corporation during business hours, and he
shall in general perform all duties incident to the office of
secretary subject to the control of the Board of Directors.
- 5 -
Section 6. Compensation. Officers as such shall not
receive any salary or compensation for their services, except
that they shall be reimbursed for their actual expenses
incurred in the performance of their duties hereunder.
ARTICLE IV
PROVISIONS REGARDING ARTICLES OF INCORPORATION
AND BYLAWS .
Section 1. Effective Date. These Bylaws shall become
effective only upon the occurrence of the following events:
(1) the approval of these Bylaws by the Governing Body;
and
(2) the adoption of these Bylaws by the Board of Direc-
tors.
Section 2. Amendments to Articles of Incorporation and
Bylaws. The Articles of Incorporation may at any time and
from time to time be amended, provided that the Board of
Directors files with the Governing Body a written application
requesting that the Governing Body approve such amendment to
the Articles of Incorporation, specifying in such application
the amendment or amendments proposed to be made. If the
Governing Body by appropriate resolution finds and determines
that it is advisable that the proposed amendment be made,
authorizes the same to be made and approves the form of the
proposed amendment, the Board of Directors, shall proceed to
amend the Articles as provided in the Act.
The Articles of Incorporation may also be amended at any
time by the Governing Body at its sole discretion by adopting
an amendment to the Articles of Incorporation of the Corpora-
tion by resolution of the Governing Body and delivering the
Articles of Amendment to the Secretary of State as provided
in the Act.
These Bylaws may be amended by majority vote of the
Board of Directors.
Section 3. Interpretation of Bylaws. These Bylaws and
all the terms and provisions hereof shall be liberally con-
strued to effectuate the purposes set forth herein. If any
word, phrase, clause, sentence, paragraph, section or other
part of these Bylaws, or the application thereof to any
person or circumstance, shall ever.be held to be invalid or
.unconstitutional by any court of competent jurisdiction, the
4. f�
N . 1
ai
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. -
ARTICLE V
GENERAL PROVISIONS
Section 1. Principal Office. The principal office of the
Corporation shall be located in , Texas.
The Corporation shall have and continuously maintain in
the State of Texas (the "State ") a registered office, and a
registered agent whose business office is identical with such
registered office, as required by the Act. The registered
office may be, but need not be, identical with the principal
office in the State, and the address of the registered office
may be changed from time to time by the Board of Directors,
pursuant to the requirements of the Act.
Section 2. Fiscal Year. The fiscal year of the Corpora-
tion shall be as determined by the Board of Directors.
Section 3. Seal. The seal of the Corporation shall be as
determined by the Board of Directors.
Section 4. Notice and Waiver of Notice. Whenever any
notice whatsoever is required to be given under the provi-
sions of the Act, the Articles of Incorporation or these
Bylaws, said notice shall be deemed to be sufficient if given
by depositing the same in a post office box in a sealed
postpaid wrapper addressed to the person entitled thereto at
his post office address, as it appears on the books of the
Corporation, and such notice shall be deemed to have been
given on the day of such mailing. Attendance of a director at
a meeting shall constitute a waiver of notice of such meet-
ing, except where a director attends a meeting for the
express purpose of objecting to the transaction of any busi-
ness on the grounds that the meeting is not lawfully called
or convened. Neither the business to be transacted at nor the
purpose of any Regular or Special Meeting of the Board of
Directors need be specified in the notice or waiver of notice
of such meeting, unless required by the Board of Directors. A
waiver of notice in writing, signed by the person or persons
entitled to said notice, whether before or after the time
stated therein, shall be deemed equivalent to the giving of
such notice.
- 7 -
Section 5. Resignations. Any director or officer may
resign at any time. Such resignation shall be made in writing
and shall take effect at the time specified therein, or, if
no time be specified, at the time of its receipt by the
president or secretary. The acceptance of.a resignation shall
not be necessary to make it effective, unless expressly so
provided in the resignation:'"'
Section 6. Action Without a Meeting of Directors or
Committees. Any.action which may be taken at a meeting of the
Board of Directors or of any`committee'may be taken without a
meeting..if a consent in writing, setting forth the action to
be taken, - shall be signed by all of the directors, or all of
the members of the committee, as the case may be. Such
consent shall have the same force and effect as a unanimous
vote and may be stated as such in any articles or document
filed with the Secretary of State, the Texas Industrial
Commission or any other person.
Section 7. Approval or Advice and Consent of the Govern-
ing Body. To the extent that these Bylaws refer to any
approval by the Unit or refer to advice and consent by the
Unit, such advice and consent shall be evidenced by a certi-
fied copy of a resolution, order or motion duly adopted by
the Governing Body.
Section 8. Organizational Control. The Unit may, at its
sole discretion, and at any time, alter or change the struc-
ture, organization, programs or activities of the Corporation
(including the power to terminate the Corporation), subject
to any limitation on the impairment of contracts entered into
by such Corporation.
Section 9. Dissolution of the Corporation. Upon dissolu-
tion of the Corporation, title to or other interests in any
real or personal property owned by the Corporation at such
time shall vest in the Unit.