HomeMy WebLinkAboutOrdinance - 8057-1980 - AN ORDINANCE SPECIFYING THE DUTIES OF THE BOARD OF CITY DEVELOPMENT. - 05/22/1980OJ t~--J ~ o--~-1:0
.~~~T~,.~~·F.~J~C~R~:~c~l===========================================O=RD~I~N=AN~C~E~N=0=·~=8=0=5=7=======#== · · ~ o-~,·~o -~~ ~~~-AN ORDINANCE SPECIFYING THE DUTIES OF THE BOARD OF CITY DEVELOPMENT,
. ~ 'V. METHOD OF APPOINTMENT OF BOARD MEMBERS, QUALIFICATIONS OF MEMBERSHIP
~v AND AUTHORIZING THE BOARD TO CONTRACT FOR SERVICES ,··.~ ~
WHEREAS, the Board of City Development is created by Chapter Three, Article
I of the Charter of the City of Lubbock, and;
WHEREAS, the above mentioned charter provision was enacted as an amendment
to the Charter of the City of Lubbock on December 10, 1925, and;
WHEREAS, the Board has operated under said charter amendment since December
10, 1925, and;
WHEREAS, the City of Lubbock has experienced rapid growth and other changes
since the creation of the Board of City Development; and
WHEREAS, the·Board of City Development is designed to encourage business
growth and development and improve the quality of life in the City as it relates
to economic development and it is directed toward the encouraging and attracting
new business life for the City and encouraging and promoting a better business
climate for existing businesses in the City; and
WHEREAS, the City Council of the City of Lubbock has determined that it
would be in the best interest of the City of Lubbock to provide by Ordinance
the method of appointment of the members of the Board of City Development, to
specify their qualifications and authorize the Board to contract, with the
consent of the City Council, for services necessary to perform their duties,
and to outline the duties of the Board. NOW THEREFORE:
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. MEMBERSHIP. That the Board of City Development shall be com-
posed of fifteen (15) members, all of whom shall be citizens of the City of
Lubbock and known to be interested in all aspects of the growth and development
of the City of Lubbock.
SECTION 2. PRESENT MEMBERS. The individuals currently serving as members
of the Board of City Development shall serve as members of the Board until the
expiration of the term of office to which they were appointed and all vacancies
on the Board, whether caused by the expiration of the term of a current member,
resignation of a current member, or for any other reason shall be filled by
appointment by the City Council of the City of Lubbock.
SECTION 3. MINIMAL QUALIFICATIONS. The following minimal qualifications
shall be met by all individuals appointed by the City Council to the Board of
City Development:
A. Each candidate for appointment shall be a citizen of the City
of Lubbock who has resided within the City for a peroid of at
least three (3) years immediately preceding his or her appointment.
B. A candidate for appointment shall have been active in civic or
community activities and in business or professional activities
' within the City of Lubbock.
C. A candidate shall have demonstrated good judgment in his or her
business or profession.
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• SECTION 4. DUTIES:
A. The Board of City Development is hereby required to perform the
following duties:
1. Promote and solicit the locating of new businesses and in-
dustries so as to serve and develop the City of Lubbock.
2. Encourage and promote the expansion and development of exist-
ing businesses and industries located so as to serve and
develop the City of Lubbock.
3. Encourage the growth and development of all business enter-
prises in the City of Lubbock.
4. Sponsor educational activities within the City for the purpose
of assisting the business community in maintaining a strong
and healthy economic position. These educational activities
shall deal with topics of interest to all the various kinds,
sizes and types of business so as to make available educational
programs designed to assist and encourage such business ac-
tivities, as well as the owners and operators thereof as
they are confronted with situations encountered by their
kinds of businesses, their size of businesses and businesses
owned by people similarly situated.
5. Expend funds for the purpose of promoting and assisting the
tourist and convention industry operating within the City
of Lubbock and to this end the Board may cooperate with the
appropriate agencies within the City whose duty it is to
develop such industry within the City of Lubbock.
B. The Board of City Development is hereby authorized, but not required,
to perform the following duties:
1. It is recognized that an adequate water supply is necessary
to attract new businesses and industries to the City of
Lubbock and to allow existing businesses and industries to
expand; to deal with this challenge the Board may assist the
City of Lubbock in the development and expansion of water
resources and facilities and may expend its funds for this
purpose.
2. In addition, the Board may open and maintain communications
with the Small Business Administration of the Federal Govern-
ment and serve as a clearing house of information on programs
which the Federal Agency offers to assist small business
enterprises and minority business enterprises operating within
the City of Lubbock. The Board may provide limited assis-
tance upon request to any business enterprise by furnishing
appropriate information concerning any such program offered
by the Small Business Administration and by furnishing ap-
propriate information on how the eligible business enter-
prise may apply for such assistance.
3. Promote, develop, encourage and assist for the benefit of the
City new energy resources that can be used for commercial,
industrial and municipal purposes. The Board is authorized
in this regard to contract with qualified research agencies,
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4.
institutions of higher learning, other appropriate and qual-
ified persons, corporations or governmental entities to assist
the Board in research and implementation of this activity.
The Board is further authorized in the name of the City of
Lubbock to apply for any grants in aid programs that will
assist the Board in promoting and developing new energy
resources for commercial, industrial and municipal uses that
will aid and assist the City of Lubbock.
Act as a research center on general topics of interest to
the business community within the City. In this regard
the Board may commission studies, gather information. store
information, disseminate information and generally do all
things appropriate and relevant to discharging this task.
C. The Board of City Development is hereby authorized to do that which
the Board deems desirable to accomplish any of the purposes or
duties set out or alluded to in this Ordinance in Section 4.A and
4.B.
D. All of the tax funds collected under Chapter 3, Article I of the
Lubbock City Charter for 1980 and prior years shall be allocated
to performing the duties required under Section 4.A above or
authorized in Section 4.B or 4.C above. If the Peveto Bill is
applied to Lubbock taxes for 1981 and subsequent years, then the
following provisions of this Subparagraph D and the following
provisions of Subparagraph E shall apply; otherwise, the fore-
going provisions of this Subparagraph D shall control until the
Peveto Bill is applied. Sixty percent (60%) of the tax funds
collected under Chapter 3, Article I of the Lubbock City Charter for
1981 and subsequent years shall be allocated to the duties required
under Section 4.A or authorized under Section 4.B and 4.C above.
E. Forty percent (40%) of the taxes collected under Chapter 3, Article
I of the Lubbock City Charter for the year 1981 and subsequent
years shall be allocated to retirement of the bonded indebtedness
of the City of Lubbock upon bonds issued for the construction of
the Lubbock Civic Center which city owned facilities are recognized
as adding to the quality of life enjoyed by the citizens of Lubbock,
Texas, and are of interest to businesses and industries now located
within the City of Lubbock and those which are or in the future
may be prospects for locating so as to promote and develop the
City of Lubbock. Should this 40% allocation be no longer needed
for the debt retirement specified above, then thereafter this
40% allocation shall be made to debt retirement upon other city
owned facilities used directly or indirectly for economic develop-
ment of the City of Lubbock as selected by the City Council of
Lubbock.
SECTION 5. OFFICERS. The Board shall select from among its membership
a chairman and a vice chairman and shall adopt such rules and regulations for
the conduct of its proceedings as may be deemed proper and not inconsistent
with the Ordinance and Charter of the City of Lubbock. The Board shall appoint
a Secretary to the Board of City Development who shall keep a record of the
transactions of the Board and upon request shall provide the Board with general
information requested by the Board.
•
SECTION 6. STATE LAW. The Board of City Development, in discharging its
duties, shall be cognizant of and subject to all applicable state law.
SECTION 7. INFORMATION TO BE SUPPLIED.
A. The Board of City Development shall prepare and file with the
City Secretary by the time of the start of the City's fiscal
year 1981-1982, or promptly thereafter, and by the time of
the commencement of each subsequent fiscal year of the City,
or promptly thereafter, a report of a Program of Work for the
promotion of economic growth and development of the City of
Lubbock for the ensuing fiscal year. In preparing said Pro-
gram of Work, the Board is to be guided by the duties herein
assigned to the Board and by the applicable provision of any
contract entered into by the Board with another entity for
the performance of any such duties.
B. At or as soon as practicable after the close of the City's
fiscal year 1981-1982 and at or as soon as practicable
after the close of each fiscal year thereafter, the Board
of City Development is directed to file with the City Secre-
tary a written report for the fiscal year just concluded,
which report shall reflect accomplishments upon programs
undertaken to carry out the duties herein assigned to the
Board.
C. There shall also be filed with the City Secretary as soon as
practicable after the close of the City's fiscal year 1981-82
and as soon as practicable after the close of each of the City's
fiscal years thereafter an audit accounting for the funds deliver-
ed by the City to the Board for the year covered by the audit.
In the event the Board contracts for the performance of any of
its duties, then in such event the Board shall require that the
entity contracted with shall render to the Board on an annual
basis an audit accounting for the funds received and expended by
said party and said audit shall be filed by the Board with its
report hereinabove mentioned.
SECTION 8. CONTRACTS. The Board of City Development 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 herein assigned to said Board or any of the duties which the Board
of City Development is authorized to perform.
SECTION 9. BANK. The Board of City Development shall select a local bank
in which it shall deposit all of its funds and no check, draft or warrant
shall be drawn upon said account without the signature of the Chairman and at
least one other officer of the Board of City Development. The City of Lubbock
or its external auditors shall have the right to audit such account at any
time.
SECTION 10. UNCOMMITTED FUNDS. At the conclusion of any fiscal year, any
funds not expended or committed by the Board of City Development shall be
returned to the City General Fund. However, any funds which, prior to the end
of any fiscal year, have been expended or committed, by contract or otherwise,
shall not be subject to the provisions for return of funds.
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SECTION 11. BONDS. The Chairman and Vice Chairman of the Board shall e~ch give an official bond in the sum of not less than TWENTY-FIVE THOUSAND
DOLLARS ($25~000.00). The bonds referred to in this section shall be condi~
tioned for the faithful discharge of the duties of each officer above named and
for the faithful accounting of all monies and things of value coming into the
hands of such officers. The bonds shall be procured from some regularly accred-
ited surety company authorized to do business in the State of Texas. The
premiums therefor shall be paid by.the Board. A copy of each officer's bond
shall be filed with the City Secretary.
SECTION 12. TAXES. The City of Lubbock shall continue to collect taxes
and deliver them to the Board of City Development in compliance with Chapter
Three, Article I of the Lubbock City Charter.
SECTION 13. SAVINGS CLAUSE. Should any provision herein be found to be
unconstitutional, illegal or unenforceable, or unauthorized, the same shall not
be construed as altering or repealing any other provision of this Ordinance but
all such other provisions shall remain in full force and effect as if there had
been no finding of any defect herein.
Passed by City Council on first reading this 22nd day of --~M~a~y~ _______ ,1980.
Passed by City Council on second reading this~ day of May ,1980.
B~MAYOR
ATTEST:
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Ross~ Jr., City Attorney