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RE 10-11-83.1 RESOLUTION NO. 101183.1 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF COPPELL, TEXAS, AUTItORIZING AND APPROVING TIlE CREATION OF COPPELL INDUSTRIAL DEVELOPMENT CORPORAIION PURSUANT TO TItE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, ARTICLE 5190.6, VERNON'S ANNOTATED TEXAS CIVIL SIATUTES; APPROVING THE ARTICLES OF INCORPORATION ANt) APPOINTING TIlE INITIAL DIRECTORS TIIEREOF; APPROVING TItE BYLAWS AND LOCAI. REGIILATIONS THEREOF; AND CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING TO Tile SUBJECT WHEREAS, the Development Corporation Act or 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the "Act"), authorizes this City Com~cil, upon receipt of a proper application requestiug such action, to authorize m~d approve the creation trod organization of m~ industrial development corpm'ation to act on behalf of the City of Coppell, Texas (the "Uuit"), for, the pm'pose of prmnoting and developiug commercial, industri~ and manufactm'ing enterprises in order to promote and eneoarage employment und tile public welfare; and WHEREAS, the Act authorizes troy such nonprofit corporation thus er'eared to issue obligations on behalf of the Unit;. WHEREAS, ptwsuant to the Act, not fewer th:m tin'ce .atto'al per. mm, each uf whom is at least 18 years of age and is a qualified eleetor of the Unit, have filed with this City Couneil their written application (the "Applieatiou") requesting that the U~fit authorize and approve the creation or Coppell Industrial Development Corporation under the Act to act on behalf of the Unit; und WHEREAS, this City Council has found a~td determined that all prerequisites of law have been satisfied; und WHEREAS, the City Ccuneil by this Resolution intends to take all steps necessary and prerequisite to the creation of the corporation; and WIIEREAS, this meeting is open to the public as required by law, :md put)tie notice of the time, place rind purpose of this meeting was given :ts required by Article 6252-[7, Vernon's Aunotated Texas Civil Statutes; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF 'rile CITY OF COPPELL, TEXAS: Section 1. That the findings and deeh~ratious contained In the preambles of tbis Resolution are incorporated herein ms part of this Resolution. Section 2. That this City Council hereby finds ;u~d determiues that it is advisable m,d in the public interest :md benefit that a co,point[ion, to he u;uned the "Coppell Industri;tl Development Corporatiou" (the "Issuer"), be authorized created with the powers granted il, the Act to aot ~m })eh:df of the U,it :ks its duly constituted authority m~d instrumentality for the public ptu'poses defined it/the Act. Section 3. That tiffs City Council hereby approves the Articles of hleorporation (the "Articles") for the Issuer In substantially the form attached hereto and authorizes the incorporators thereof to file the Articles with the Secretary of State in accordance with the Act; provided that, in the event the nmue chosen for the Issuer is not available, the Ineorporatot~ are authorized to change the name without the further approval of tiffs City Commil. Section 4. That this City Council hereby appoints those persmm named In tt~e Articles, each of whom on the date of his appointlnent is duly qualified In accordance with the Act, to serve ~ the initial[ memhem of' the Bom'd of Directors of the Issuer, such service to be at all times subieet to the powers of the Unit under the Act md the Articles. Section .5. That any and all bonds, notes or other similar obligations issued by the Issuer shall contain a provision, condition or reeitul substantially to the effect that they shall never be deemed to be or create an indebtedness or liability or a special, general or moral obligation payable out of any funds o£ the Unit and that they shall be payable solely out of funds and properties of the Issuer pledged thereto. Section 6. That it is intended that the Issuer be a duly constituted authority and Instrmnent,Mity of the U~fit within the mea~fing of re§xdations and revenue rulings of the Treasury Department of the Internal l~evenue Service of the United States promulgated under Seetim~s 103 and [15 of the Internal Revenue Code of 1954, as amended. Section 7. That this City Counei[~hereby approves the Bylaws for the Issuer in substantially the form attanhed hereto. Section 8. That this City Cmmeil hereby approves the Local Regulations for Receiving and Approving Apptieation.s for Financial Participation in Development Proieets (the "Local Regulations") in substantially the form attanhed hereto. Section 9. That this R, esointion shall take effect immediately from and after its adoption. PASSED AND APPROVED this October 11, 1983. Andrew Brown, Jr,, Mayor ATTEST: [SEAL] -2-