HomeMy WebLinkAboutOrdinance - 8859-1985 - Amending Article XVI, Ch. 2, Specifying The Duties Of Hte Board Of City Developm - 11/21/1985JCR:cl
ORDINANCE NO.
First Reading
November 21, 1985
Agenda Item .#20
Second Reading
November 22, 1985
Agenda Item #4
8859 ------
AN ORDINANCE AMENDING ARTICLE XVI, CHAPTER 2 OF THE CODE OF ORDINANCES
Of THE CITY OF LUBBOCK, SPECIFYING THE DUTIES Of THE BOARD Of CITY DEVELOP-
MENT, METHOD OF APPOINTMENT Of BOARD MEMBERS, QUALIFICATION Of MEMBERSHIP,
REQUIRING THE BOARD Of CITY DEVELOPMENT TO BE COGNIZANT Of AND SUBJECT TO
All APPLICABLE STATE LAW, CITY CHARTER PROVISIONS AND ORDINANCES Of THE
CITY Of LUBBOCK; AUTHORIZING THE BOARD Of CITY DEVELOPMENT TO SELECT A
DEPOSITORY BANK; PROVIDING FOR THE DISPOSITION Of UNEXPENDED FUNDS;
REQUIRING REPORTS; AUTHORIZING THE BOARD TO CONTRACT FOR SERVICES, SPECIFY-
ING INFORMATION TO BE SUPPLIED FROM THE BOARD TO THE CITY Of LUBBOCK AND
PROVIDING A SAVINGS CLAUSE.
: WHEREAS, the Board of City Development is created by Chapter J, 1! Article I of the Charter of the City of lubbock, and
WHEREAS, said Board of City Development is a Board of the City of
lubbock being created by the Charter, as aforesaid, rather than by resolu-
tion or ordinance, and
WHEREAS, members of the Board of City Development are public officers
appointed by the City Council of the City of lubbock to discharge duties of
government as hereinafter set forth for the benefit of the citizens of the
City of Lubbock, and
WHEREAS, members of the Board of City Development are accountable as
trustees for all public monies paid over to the Board of City Development
in accordance with the Charter of the City of lubbock, and
WHEREAS, the Charter of the City of lubbock authorizes the City
Council of the City of lubbock to prescribe the qualifications snd duties
of the members of the Board of City Development, and
WHEREAS, the City Council of the City of lubbock finds that due to the
critical nature and circumstances of the current economic climate, that
there exists a need to set forth in greater detail and clarity the qualifi-
cations of the members of the Board of City Development and the duties of
said Board, and
WHEREAS, the City Council finds that it will be beneficial and of
great assistance to the members of the Board of City Development in
discharging their duties to amend Article XVI, Chapter 2 of the Code of
Ordinances of the City of Lubbock, so that said Article sets forth with
great clarity and specificity the qualifications of the members of the
Board of City Development, together with the duties of said Board, and
WHEREAS, to the extent that the City Council is authorized to set
forth the duties of the Board of City Development, it has the obligation to
· set forth the direction of the activities of said Board, and
WHEREAS, the City Council finds that in order to meet the economic
development needs of the City of Lubbock, given the current economic
climate, a new course of action is necessary and desirable, and
WHEREAS, the City Council finds that in carrying out the duties of the
Board, as hereinafter set forth, that it will be beneficial to the Board
and the City to establish qualifications of membership to the Board, so
that the Board and the City shall receive the services of individuals
within the community who possess a broad background of experience which can
be utilized to advance economic growth and development within the City; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of LUBBOCK:
SECTION 1. THAT Article XVI of Chapter 2 of the Code of Ordinances of
the City of Lubbock BE and is hereby amended to read as follows:
SECTION 2-406. Definition
for the purposes of this article "the board" shall mean the
Board of City Development.
SECTION 2-407. Composition
The Board of City Development shall be composed of fifteen
(15) members, all of whom shall be citizens of the City known to
be interested in all aspects of the growth and development of the
City.
SECTION 2-407.1. Appointment
The City Council shall appoint the members of the Board of
City Development selecting individuals who have served or are
serving as the chief executive officer of a company, have served
or are serving in a position of executive management of a
company, individuals who are serving or have served the community
in a professional capacity or individuals of equivalent experi-
ence. The City Council shall consider an individual's experience,
accomplishments and educational background in appointing members
of the Board of City Development.
-2-
I
SECTION 2-407.2. Term of Office
In accordance with Article II Section 11 of the Constitution
of the State of Texas, the term of office of the members of the
Board of City Development shall be two years except, however, of
the members first appointed in accordance with this article, the
term of office of seven of the members so appointed shall be for
one year only and thereafter all appointments shall carry a two
year term. No member of the Board may serve for more than two
consecutive terms.
SECTION 2-408. Qualifications
Keeping in mind that members of the Board of City Develop-
ment are appointed officers of the City as well as trustee of the
public funds entrusted to their care, the following minimal
qualifications shall be met by all individuals appointed by the
City Council to the Board of City Development:
1. Each candidate for appointment shall be a citizen of
the City who has resided within the City for a period
of at least one (1) year immediately preceding his or
her appointment.
2. A candidate for appointment shall have been active in
civic or community activities and in business or
professional activities within the City.
3. A candidate shall have demonstrated good judgment in
his or her business or profession.
4. No member of the Board of City Development, in addition
to the requirements set forth in Chapter 1, Article IX
Section 4 of the Charter of the City of lubbock, shall
be an officer, director, employee or agent of any firm,
partnership, corporation, nonprofit corporation,
association or other business entity with whom the
Board of City Development contracts to perform services
for the Board. Any member of the Board of City
Development who ceases to possess this qualification of
office shall immediately forfeit his office and the
City Council shall appoint his or her replacement.
-3-
SECTION 2-409. Present Members
Consistent with Art. II Sec. 11 V.A.T.C., the individuals
currently serving as members of the Board, who possess all the
qualifications for membership set forth in this article, may
serve upon the Board until the expiration of their current term
of office. However, their current term shall not exceed the two
year constitutional limitation dating from the date of first
appointment to their current term.
SECTION 2-410. Officers
The initial chairman and vice chairman of the BCD shall be
selected by the City Council and thereafter the Board shall
select from among its membership a chairman and vice chairman who
shall hold such positions for a period of one year from the date
of their appointment by the City Council or their selection by
the full Board.
A past chairman of the Board whose term of office has
expired and who is ineligible for reappointment shall serve as an
ex officio member of the Board for a period of one year from the
date of the expiration of his term of office, in order to provide
continuity for the Board. An ex officio member shall not have
any voting rights but may participate in discussions of all
matters before the Board.
The Board shall appoint one of its members as secretary to
the Board who shall hold such position for a period of one year
from the date of such members selection. The secretary to the
Board shall have the following duties:
1. Such member shall record and be responsible for the
minutes of the meeting of the Board and shall file a
copy of said minutes with the City Secretary.
2. Such member shall prepare and post the agenda for each
Board meeting and this responsibility shall be
discharged in such a manner as to comply with the Texas
Open Meetings Law.
3. Such member shall keep all records of the Board.
4. Such member shall make available and provide records of
the Board to any of its members and where not exempt by
the provisions of the Texas Open Records Act to members
of the general public.
-4-
5. Such member shall keep attendance records of the
members of the Board and shall file such records with
the City Secretary of the City of Lubbock. The Board
shall follow the attendance policy of the City of
Lubbock applicable to other boards and commissions of
the City.
SECTION 2-411. Bonds
The chairman and vice-chairman of the Board shall each 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 conditioned 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 accredited surety
company authorized to do business in the State. The premiums
therefore shall be paid by the Board. A copy of each officer's
bond shall be filed with the City Secretary.
SECTION 2-412. Duties Generally
The Board of City Development is hereby required to perform
the following duties:
1. The Board shall develop a long range economic develop-
ment plan for the City of Lubbock which plan shall
include and set forth intermittent and or short term
goals, which the Board deems necessary to accomplish
compliance with its long range economic development
plan. The long range development plan developed by the
Board shall be one that includes the following ele-
ments:
(a) The plan shall set forth an economic development
strategy to permanently bolster the business
climate throughout the entire City and no parti-
cular area of the City shall ever receive prefer-
ence in the development of such plan or strate-
gies.
(b) The plan shall set forth strategies to fully
utilize the assets of the City of Lubbock which
enhance economic development.
(c) The plan shall identify strategies to coordinate
public, private, military and academic resources
to develop and enhance business opportunities for
-5-
~ ~ II
" ,,
1: i
all citizens of Lubbock. This plan shall include
methods to improve communication and cooperation
between the above mentioned entities.
(d) The plan will assure accountability of all tax
monies expended for its implementation of the long
range economic development plan.
(e) The plan shall identify strategies and provide for
implementation of identified strategies for
direct economic development aa defined in this
article.
To assist the Board in the implementation of the long
range economic development plan, the Board will acquire
the services of individuals to fill the following new
positions:
(a) Director of Economic Development
(b) Assistant to the Director of Economic Development
for the activity of business retention and
expansion.
(c) Assistant to the Director of Economic Development
for the activity of new business formation.
(d) Assistant to the Director of Economic Development
for the activity of new business attraction or
recruitment.
The Board shall provide for the retention and services
of the individuals to fill the positions hereinabove
set forth as authorized in Section 2-421 of this
Article. However, any agreement entered into by the
BCD to retain individuals to fill the position herein-
above set forth, shall provide that no person shall be
authorized to undertake the duties of such position
until such person has been found qualified to discharge
the duties of said position and approved by a majority
of the members of the BCD. Such agreement shall
further provide that the qualifications and duties of
the individuals holding the positions hereinabove
listed, be set forth in said agreement and shall
further provide that any of the individuals holding any
of the positions hereinabove set forth shall be removed
from this position by a majority vote of the membership
of the BCD.
-6-
!i
I ~
I
2. The Board shall review and update its long range
economic development plan twice each year to insure
that said plan is up to date with the current economic
climate and is capable of meeting Lubbock's current
economic development needs.
3. The Board shall expend a portion of the tax funds
received by it on direct economic development within
the City or County of Lubbock, where such expenditures
will have a direct benefit to the City and its citi-
zens. As used in this article direct economic develop-
ment shall mean:
The expenditure of such tax funds above-mentioned,
that directly accomplish or aid in the accomplish-
ments of creating identifiable new jobs or
retaining identifiable existing jobs in any of
the following areas of activity:
(a) Business retention and expansion
(b) formation of new business
(c) Business attraction
The Board of City Development shall allocate a portion
of the tax monies received by it, as hereinafter
specifically set forth in this article, to discharge
this duty.
4. The Board of City Development shall allocate a portion
of the tax funds received by it, said portion being
hereinafter specifically set forth in Section 2-418(a)
of this article, to the retirement of bonded indebted-
ness on bonds issued to construct City owned facilities
as described in Section 2-418(a) of this article.
5. In accordance with Chapter 3, Art. I Section 4 of the
Charter of the City of lubbock, the Board of City
Development shall make semiannual reports to the City
Council of the City of Lubbock. The Board of City
Development shall discharge this requirement by
reporting to the City Council in the following manner:
(a) The Board of City Development shall make a
detailed report to the City Council once each
year. Such report shall include, but not be
limited to, the following:
-7-
II
I I!
II
h
:i
It
(1) A review of all expenditures made by the
Board in connection with their activities
involving direct economic development as
defined in this article, together with a
report of all other expenditures made by the
Board.
(2) A review of the accomplishments of the Board
in the area of direct economic development.
(3) The policies and strategy followed by the
Board in relation to direct economic develop-
ment together with any new or proposed
changes in said policies and strategy.
(4) The activities of the Board for the budget
year addressed in said annual report,
together with any proposed change in said
activity as said activity or activities
relate to direct economic development.
(5) A review of the activities of the Board in
areas of endeavor other than direct economic
development together with any proposed
changes in such activities.
(6) The annual required report herein contem-
plated shall be made to the City Council no
later than September 30th of 19B6 and no
later than September 30th of each succeeding
year.
(7) The annual report herein contemplated shall
be considered by the City Council for its
review and acceptance.
(b) The Board shall be regularly accountable to the
City Council for all activities undertaken by them
or on their behalf, and shall report to a com-
mittee of the City Council to be known as the
Economic Development Implementation Committee on
all activities of the Board, whether discharged
directly by the Board or by any person, firm,
corporation, agency, association or other entity
acting on behalf of the Board. This report shall
be made by the Board to the committee above named,
each calendar quarter with the first report being
made on the 13th day of March, 1986 and a
-8-
similar report being made on each succeeding
calendar quarter, but in no event shall a period
of time of more than three calendar months be
allowed to elapse between such reports. The
quarterly report shall include the following:
(1) Accomplishments to date as compared with the
overall plan or strategy for direct economic
development.
(2) Anticipated short term challenges during the
next quarterly reporting period together with
recommendations to meet such short term
challenges.
(3) Long term issues to be dealt with over the
succeeding twelve month period or longer
period of time, together with recommendations
to meet such issues with emphasis to be
placed on direct economic development.
(4) A recap of all budgeted expenditures to date,
together with a recap of budgeted funds left
unexpended and any committment made on said
unexpended funds. The recap of expenditures
shall set forth separately those expenditures
made in connection with direct economic
development and those expenditures made by
the Board in the discharge of its other
duties.
6. The Board of City Development being created by Chapter
3, Article I of the Charter of the City,of Lubbock, is
a Board of the City and as such shall comply in all
respects with the annual budget process of the City,
all in accord with Articles 689a-13, 689a-14, 689a-15
and 689a-16, V.A.C.S.
7. The Board shall meet at least once each month at a time
and date set by resolution of the Board and shall hold
special meetings at the call of the Chairman of the
Board.
8. The Board shall adopt rules for the conduct of its
affairs which rules shall not be inconsistent with the
terms of this Article and which shall be submitted to
the City Council for approval. Amendment to said rules
shall also be submitted to the City Council for
-9-
approval and no rule shall be placed into effect
without such approval as herein required. The rules
shall further set forth the qualifications for the new
positions listed in subsection (1) of this section,
together with the duties of such positions.
SECTION 2-413. Optional duties
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 and to allow existing businesses and in-
dustries to expand; to deal with this challenge the
Board may assist the City 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 communi-
cations with the Small Business Administration of the
federal government 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. The
Board may provide limited assistance upon request to
any business enterprise by furnishing appropriate
information concerning any such program offered by the
Small Business Administration and by furnishing
appropriate information on how the eligible business
enterprise 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, institutions of higher
learning, other appropriate and qualified 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
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.
-10-
II
4. 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.
5.
6.
Sponsor educational activities within the City for the
purpose of assisting the business community in main-
taining 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 activ-
ities, 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.
Expend funds for the purpose of promoting and assisting
the tourist and convention industry operating within
the City 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.
SECTION 2-414. Implied duties
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 sections 2-412 and
2-413. However, the Board shall have no implied authority to
expend funds or undertake any activity inconsistent with the
duties of said Board herein set forth in this article.
SECTION 2-415. Applicable law
The Board of City Development, in discharging its duties,
shall be cognizant of and subject to all applicable State and
local law.
SECTION 2-416. 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 or its external auditors shall have the
right to such account at any time.
-11-
In selecting a bank the Board shall follow the procedures
and requirements for selecting a City Depository as set forth in
Art. 2559 through Art. 2566a, V.A.C.S.
SECTION 2-417. Taxes
The City shall collect taxes and deliver them to the Board
of City Development in compliance with Chapter 3, Article I of
the Lubbock City Charter.
SECTION 2-418. Allocation of funds
The Board of City Development shall allocate the funds paid
to it in accordance with the Charter of the City of Lubbock in
compliance with the following:
(a) Forty (40%) percent of the taxes collected under
Chapter 3, Article I of the City Charter shall be
allocated to the retirement of bonded indebtedness of
the City upon bonds issued for City owned facilities
that are recognized as adding to the quality of life
enjoyed by the citizens of Lubbock, Texas, and are of
interest to business and industries now located within
the City and those which are or in the future may be
prospects for locating within the City. It is further
recognized that such facilities promote the growth and
development of the City. Should this forty (40%)
percent allocation or any part thereof be no longer
needed for debt retirement as set forth above, then in
such event the Board shall allocate forty percent of
the taxes so collected or what ever part thereof that
is no longer needed for debt service, as above set
forth, to capital improvements or to the retirement of
debts upon other City owned facilities used directly or
indirectly for economic development of the City as
selected by the City Council.
(b) The remainder of the taxes so collected under Chapter
3, Art. I of the City Charter (the remainder being the
total taxes collected less the allocation set forth in
subparagraph a of this section) shall be allocated as
follows:
-12-
(1) For the fiscal year 1985-1986 the Board shall
allocate forty (40%) percent of the remainder of
the taxes collected, as above set forth, to direct
economic development as that term is defined in
this article.
(2) For the fiscal year 1986-1987 the Board shall
allocate forty (40%) percent of the remainder of
the taxes collected, as above set forth, to direct
economic development as that term is defined in
this article and in addition shall set as a goal
the allocation of an additional ten (10%) percent
of the remainder of the taxes collected, as above
set forth, to direct economic development as that
term is defined in this article.
(3) For the fiscal year of 1987-1988 and each succeed-
ing fiscal year thereafter, the Board shall
allocate forty (40%) percent of the remainder of
the taxes collected, as above set forth, to direct
economic development as that term is defined in
this article and in addition shall set as a goal
the allocation of an additional twenty (20%)
percent of the remainder of the taxes collected,
as above set forth, to direct economic develop-
ment, as that term is defined in this article.
(4) The balance of the funds referred to in this sub-
paragraph may be used by the Board to augment the
allocation for direct economic development for any
fiscal year or for any of the optional duties
of the Board set forth in Section 2-413 of this
article or for both such purposes.
SECTION 2-419. Debt retirement
Section 2-419 of this article is hereby repealed and shall
be of no further force or effect.
SECTION 2-420. Uncommitted funds
The Board shall use their best efforts to expend the funds
allocated in accordance with Section 2-418(b) of this article
during each fiscal year, however, when prudence and good business
judgment dedicate that a part of said monies should not be
expended or committed by resolution of the Board to an autho-
rized expense, then the Board shall by resolution of the Board
identify what portion of allocated funds should not be expended,
-13-
il II
ji
I
I II
stating its reasons therefore, and such funds shall then be
placed into a special account to be known as the Business
Development and Incentive Account, and such funds can only be
expended for public purpose improvements to assist new business
seeking to locate within the City, or for public purpose improve-
ments to assist existing business when such assistance will
retain jobs within the City. Expenditures from such account
shall only be made after approval by a majority of the members of
the Board authorizing such expenditure. Expenditures, other than
as above stated, shall not be made for other public purpose
projects within the City unless the Board, with the approval of
the City Council, deems such expenditures to be s direct or
indirect aid to economic development within the City.
SECTION 2-421. Contracts
The Board of City Development may, with approval of the City
Council, contract with any qualified and appropriate person,
association, corporation or governmental entity to perform and
discharge designated tasks which will aid or assist the Board in
the performance of its duties. However, no such contract shall
ever be approved or entered into which seeks or attempts to
divest the Board of its discretion and policy making functions in
discharging the duties herein above set forth in this article, it
being the intention of the City Council that, consistent with the
duties herein set forth, that the Board shall at all times
determine its policy and the direction it takes in discharging
its functions.
SECTION 2-422. Governing body's relation with the Board.
The City Council shall require that the Board of City
Development be responsible to it for the proper discharge of its
duties assigned in this article. The City Council, or any of its
members, shall not dictate to the Board the method in which it
chooses to implement the duties herein assigned, save and except
by the City Council's right to remove members of the Board, as
provided by the Charter of the City of lubbock, by approval of
contracts that the Board may wish to enter into and approval of
the rules adopted by the Board. The Board shall at all times be
free to determine its policies and direction within the limita-
tions of the duties herein imposed and its discretionary duties
shall not otherwise be interfered with by the City Council or any
of its members.
-14-
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected
thereby.
Passed by City Council on first reading this 21st day of November, 1985.
Passed by City Council on second reading this~ day of November, 1985 •
. ATTEST: APPROVED AS TO
Ross, Jr., City Atto
-15-
THE STATE OF TEXAS
COUNTY OF LUBBOCK
M2320-R68
Before me DorothY Russ e I I a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twtla Auf111' Account Man1u!er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Lega I Notice
--------:---.-;---:-:---:--:---No. 705493 at Lubbock County, Texas and the attached print-
ed copy of the Le!!a I Notice is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: November 26 • December 3 • 1985
113 words @ 16t Per word = $85.88
Account Mana!!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this _J__ day of December
FORM58-18
. 19-85..
I]~~
DOROTHY RUSSELL Ngtgr~ Public. fn And for 'lhe State Of Te.rilS
Mv Commt\~10:1 Expires Nov. 9. 1988
1------------------·-----