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<br />ORDINANCE NO.07 -M-44 <br /> <br />AN ORDINANCE AUTHORIZING AMENDED AND RESTATED <br />ARTICLES OF INCORPORATION OF THE CITY OF SCHERTZ <br />ECONOMIC DEVELOPMENT CORPORATION; APPROVING <br />AMENDED AND RESTATED BYLAWS OF SUCH CORPORATION; <br />APPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF <br />SUCH CORPORATION; AND OTHER MATTERS IN CONNECTION <br />THEREWITH <br /> <br />WHEREAS, the City Council (the "Council") of the City of Schertz, Texas (the "City") <br />has previously authorized the creation of the City of Schertz Economic Development <br />Corporation (the "Corporation") in accordance with the Development Corporation Act of 1979, <br />as amended, Texas Revised Civil Statutes, Article 5190.6 (the "Act"); and <br /> <br />WHEREAS, the Council has reviewed and approved proposed amendments to the <br />Articles of Incorporation and Bylaws of the Corporation and has determined to authorize and <br />approve such amendments; and <br /> <br />WHEREAS, the Council desires to appoint directors to the Board of Directors of the <br />Corporation; and <br /> <br />WHEREAS, the City hereby finds and determines that the adoption of this Ordinance is <br />in the best interests of the citizens of the City; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS <br />THAT: <br /> <br />Section 1. The Council hereby approves Amended and Restated Articles of <br />Incorporation (the "Articles of Amendment") for the Corporation (a copy of which is attached in <br />substantially final form to this Ordinance as Exhibit A). The Council hereby authorizes the City <br />Secretary to execute the Articles of Amendment and to cooperate with the Corporation in filing <br />such Articles of Amendment with Texas Secretary of State, with any such changes therein which <br />do not alter the substance thereof (as determined by the City Attorney) as may be required by the <br />Secretary of State for filing. <br /> <br />Section 2. The Council hereby appoints Ramon Cook, Mark Roberts, and Roy <br />Richard for terms expiring on September 30, 2007 and Arthur Jones, Carl Douglas, Steve White, <br />and for terms expiring September 30, 2008, as the directors of the Corporation, as set <br />forth in the Articles of Amendment. <br /> <br />Section 3. The City hereby approves amended Bylaws for the Corporation in the <br />form attached hereto as Exhibit B. <br /> <br />Section 4. The recitals contained in the preamble hereof are hereby found to be true, <br />and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a <br />part of the judgment and findings of the Governing Body. <br /> <br />Section 5. All ordinances and resolutions, or parts thereof, which are in conflict or <br />inconsistent with any provision of this Ordinance are hereby repealed to the extent of such <br /> <br />20120168.2 <br />