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HomeMy WebLinkAboutResolution - 072265A - Established Procedure For Selecting Members Of The Board Of City Development - 07/22/1965FOS:bw RESOLUTION WHEREAS, the City Council of the City of Lubbock desires to establish -� a procedure for appointment of members of the Board of City Development, NOW C2�� THEREFORE: J BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby establishes a procedure for selecting members of the Board of City Development. SECTION 1. Composition and Terms The Board of City Development shall be composed of fifteen (15) membe r.- who swho shall serve for a period of six (6) years and until., their successors are appoint by.the City Council. The term of each member of the present Board of City Develop- ment evelo -ment is hereby ratified to provide a continuity and in order that the terms of one- third (1/3) or five (5) members will expire each two (2) years. SECTION 2. When Appointments Made Successive appointments for the Board shall be made during the month of January each two years on even years and shall be made by the City Council from a list of appointees which shall be nominated from the current membership of the Chamber of Commerce after an election by the members thereof in the manner hereinafter_ provided. SECTION 3. Method of Selection of Nominees by,the Committee During the month of November of the year preceding the appointment of Board members a committee composed of the City Council and five members of the Board of Directors of the Chamber of Commerce appointed by the President and approved by the Board of Directors of the Chamber of Commerce shall meet at the earliest possible date and elect a Chairman and establish such rules as may be necessary for conducting its business, but in no event shall any business be transacted unless there are eight (8) members of the Committee present which shall constitute a quoroum. All matters determined by the Committee shall,be by a majority of the members present. At the first meeting or in any subsequent meeting during the month of November the Committee shall select twenty nominees and five alternates from the Chamber of Commerce membership. The nominees shall be selected on the basis of geographic location within the City and considera- tion shall be given to the type of profession, business or industry represented by such individuals in order to assure wide spread distribution of representation of business and community interest of those members who shall be appointed to the Board. The Chairman shall appoint two members of the Committee who shall be directed to contact each nominee at a time not later than the end of the first week in December to notify each nominee of his nomination and to determine each individual s willingness to serve on the Board of City Development if appointed. A report of these two committeemen shall then be made to the whole Committee at its next regular meeting. If at that time it is determined that other npiniriees are needed to complete the ballot of twenty members of the Chamber of Commerce the Committee shall then take appropriate action by contacting the previously selected alternates to determine their individual willingness to serve i appointed on the Board. SECTION 4. Ballot After the Committee has determined there are twenty individuals willi to serve if appointed; the Committee shall then proceed to prepare the ballot by drawing for ballot positions for each nominee. The name of the individual nominee's business firm and its business address shall be listed immediately below such individualts name on the ballot. The ballot shall carry instructions " for voting and date of the election. Upon completion of the ballot the Committee shall designate a printer who will be provided a copy with layout and design for preparing printed ballots in a quantity to equal the number of Chamber of Commerce members. The printer shall be required to certify the exact number of ballots printed and delivered to the Chamber of Commerce office prior to the election. SECTION 5. Voting During the first week in January or as soon thereafter as ballots are available, one official ballot along with one properly marked return addressed postage paid envelope shall be mailed to each voting member of the Chamber of Commerce. Each voting member of the Chamber of Commerce shall be entitled to vote one vote for each of five (5) nominees on the ballot. The instructions on the ballot shall clearly state the time the completed ballot must be returned in order to be counted in the election. Ballots returned by mail or in person shall be placed in a sealed ballot box in the Chamber 'of Commerce office and shall re- main there until the box is opened under the supervision of the Committee. SECTION 6. Canvassing and Counting the Vote At the close of the election, the Committee shall meet for the purpose of canvassing the vote. Under its supervision the ballot box shall be opened and all ballots removed. Each properly marked election envelope shall be opened by the Committee and the votes counted. Tally sheets shall be kept for�each name appearing on the ballot, and the votes shall be marked on the tally sheets for each candidate. The Committee shall determine the validity of each ballot by the following procedure: (1) A ballot will be considered as mutilated and will not be counted if the voter voted for more than the prescribed number set forth in the instructions. (2) Ballots returned in envelopes other than those provided specifically for this purpose will not be counted. (3) Ballots on which the voter voted for less than the prescribed numbei will be counted if the intention of the votbr can be ascertained. After the five nominees with the highest number of votes has been determined the nominees , as certified by the Committee shall then be appointed by the City Council to the Board of City Development. SECTION 7. Vacancies In case of a vacancy on the board by resignation or otherwise, the Committee supervising the last election shall reconvene for the purpose of naming the person or persons to fill existing vacancies. The Committee shall select the appointee or appointees from the nominees whose names appeared on the ballot in the last election, taking the persons who were not previously elected from the last ballot, who received the greatest number of votes, and proceeding in that order until all vacancies are filled. Vacancies on the Committee shall be filled by appointment by the Mayor for the City and the Chamber President for the Chamber, thereby providing each agency an equal representation on the Committee at all times. SECTION 8. Records All ballots returned, along with tally sheets, work sheets, etc. used in the election shall be boxed and retained in the Chamber of Commerce offices for a period of at least two (2) years. These items shall be made available for inspection to persons making such a request. After a period of two (2) years these items shall be removed from the office and destroyed. Passed by the City Council this 22nd day of July 1965. MAX TIDMORE., Mayor ATTEST; Lavenig. Lowe, City cretary-Treasurer APPROVED: ��.-' � �itis ^, Fred O. Senter, Jr., C' ttorney ,- iU l,Gatt�iiC.L/1�1:JVLUilUi\ jJ)12 7/10.1-0 THE STATE OF TEXAS AMENDED CITY DEVELOPMENT CONTRACT COUNTY OF LUBBOCK § THAT Agreement heretofore on the 23rd day of May, 1980, entered into by and between the LUBBOCK BOARD OF CITY DEVELOPMENT, therein referred to as "BCD", and the LUBBOCK CHAMBER OF COMMERCE, a corporation, therein called "CHAMBER", and approved by the CITY OF LUBBOCK, TEXAS, therein called "CITY", is hereby amended to read as follows: W I T N E S S E T H: WHEREAS, the City, by Ordinance No. 8057, dated May 23rd, 1980, has set out the duties of the BCD and has authorized the BCD to contract for the per- formance of any of those duties; and WHEREAS, all three parties to this contract recognize that the Chamber is most qualified and experienced and is best equipped and situated to perform the duties covered by this Contract; and WHEREAS, the City specifically finds that it is to the best interest of the City of Lubbock and all of its citizens that this contract be entered into and approved by the City and the City Council: NOW, THEREFORE, the parties hereto agree as follows: I. Chamber Employed The BCD employs the Chamber to perform and discharge the duties assigned to and required of the BCD in Section 4.A. and such of the duties as are to be performed which the BCD is authorized to perform in Sections 4.B. and 4.C. of the herein referenced Ordinance No. 8057. While this contract is in effect, Y` the Chamber shall be the sole and only party performing the duties covered by this contract. The BCD shall not interfere with, compete with nor detract in any way from the performance by the Chamber of the duties for which it is here employed; but the BCD will cooperate with and support the work, programs and activities of the Chamber as the Chamber may request; likewise, the Chamber is cognizant of the duties and responsibilities of the BCD as expressed in Ordi- nance No. 8057 and will cooperate with and support the BCD in discharging its obligations thereunder. In order to carry out the purposes of this Contract, the Chamber, consistent with the duties it here undertakes, shall be the party which selects and determines the work, the projects and the programs to be undertaken by it hereunder, the priority for such projects and programs and the methods for attempting to carry out such projects and. programs. Chamber will exercise due diligence, but shall not be liable for any of its decisions nor for failure to accomplish any undertaking; Chamber is not a guarantor nor insuror of results. II. Acceptance of Employment The Chamber hereby accepts employment for the purposes herein set out and agrees to exercise due diligence in the performance of those duties referenced -herein. The Chamber further agrees to file with the BCD Programs of Work and Reports as they apply to the duties here undertaken by Chamber which Programs .of Work and Reports are anticipated by Sections 7.A. and 7.B. of the said Ordinance No. 8057. The Chamber further agrees to cooperate fully in securing annual audit accountings of the funds delivered to it hereunder, which audit accountings shall be in the nature of those anticipated in Section 7.C. of said Ordinance No. 8057. The Chamber further agrees.. to report to the BCD twice per year at approxi- mate six month intervals during the existence of this contract on its acti- vities in discharging the obligation hereby undertaken by the Chamber. In addition Chamber agrees to meet with and report to the BCD if"requested to do so by the BCD at reasonable times and at reasonable intervals. III. Term The term of this contract shall be five (5) years commencing on the 23rd day of May, 1980, and ending on the 22nd day of May, 1985.' However, annually there shall be added automatically a one (1) year extension to the full term of this contract if neither the BCD, with formal approval by the City, nor the Chamber gives written notice to the other within thirty (30) days prior to the. annualanniversary date of this contract of its formal decision not to add such one (1) year extension. If neither the BCD, with formal approval by the City, nor the Chamber gives such written notice not to extend, then one (1) year is automatically added to the term of this contract so that it will have an effective term of five (5) years from the then most recent annual anniversary date reached without any party having given written notice required in this paragraph to prevent the one (1)'year extension. IV. Compensation t The parties recognize that the payments to the Chamber for its obligations here undertaken shall be made with talc funds collected by the City of Lubbock in accordance with Chapter Three, Article I of the Lubbock City Charter and delivered by the City to the BCD under said Charter provisions and Ordinance No. 8057. As these funds are received by the BCD, the BCD will immediately and without any delay pay and deliver to the Chamber: A. One hundred percent (100%) of said tax funds collected for 1980 and prior years, and B. Sixty percent (60%) of said tax funds collected for 1981 and subsequent years if the Peveto Bill is complied with by the City and if not, then until the Peveto Bill is complied with by the City, one hundred percent (100%) of the said tax funds collected for all years prior to such compliance. All parties recognize that in the absence of receiving compensation as here contemplated from such tax funding, the Chamber will not be required to perform the duties here undertaken by it. V. Relationship of Parties All parties recognize that this is an independent contract for the performance of certain activities without- either party (Chamber on the one hand and the BCD and the City on the other) having any authority, supervisory or otherwise, over the other; but this provision shall not apply to the rela- tionship between the City and the BCD. The relationship of the parties is that of independent contractors and neither the City or the BCD on the one hand nor the Chamber on the other shall ever be construed as an employee, 'I servant or agent of the other. VI. BOND The President, Secretary, Treasurer and Executive Officer of the Chamber shall each give an official bond in the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). The bonds referred to in this paragraph shall be conditioned for the faithful accounting of all monies and things of value coming into the hands of such officer as a result of this contract. The bonds shall be pro- cured from some regularly accredited surety company authorized to do business in the State of Texas. The premiums therefor shall be paid by the Chamber from the consideration it receives under this contract. A copy of each offi- cer's bond shall be filed with the City Secretary. Nature of Contract and City Approvgl The above referenced Ordinance Ifo. 8057 provides that the BCD may, with the approval of the City Council, contract with any qualified and appropriate Association, Corporation or Governmental Entity to perform and discharge any of the duties therein assigned to or required of the BCD*or any of the duties which the BCD is authorized to perform. Both the BCD and the City specifically find that the Chamber is the best qualified and the most appropriate entity with which this contract should be entered into for the purposes herein set out. The City, by authority of formal action of the City Council, specifically approves this contract and the execution hereof by the BCD and causes the duly authorized officers of the City to execute this contract in order to evidence such approval. The City approves this contract as being binding upon .the BCD. EXECUTED this_ day of V4 , 19 0 . Evelyn Gaffga, CityS�r�f�tary— Treasurer ((// APPROVED AS TO FORM: �� C- 112 — n C. Ross, Jr., City Attorn LUBBOCK BOARD OF CITY DEVELOPMENT BY: "IF/ C� President LUBBOCK CHAMBER OF COMMERCE C BY: oel 07- President THE CITY OF LUBBOCK, TEXAS BY: BILL MCALISTER, MAYOR