NOTICE OF A REGULAR MEETING OFTHE CITY COUNCIL OF THE CITYOF HEMPSTEAD PLEASE NOTE: Public comments and matters from the floor are limited to 3 minutes per person. Allotted Ifyou would like to request to speak, please do SO in advance of the meeting by filling out a minutes cannot be transferred to other individuals. Please silence all cell phones and electronic devices. PRESENTATIONS ARE LIMITED TO 7 MINUTES. Request to Address Council form available upon entrance to the meeting. Notice is hereby given that a Regular Meeting of the City Council of the City of Hempstead will be held on Monday, the 21st day of October, A.D., 2024 at 6:00 P.M. at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, at which time the following subjects will be considered, to-wit: 1. Call to. order and invocation. 2. Pledge of Allegiance. 3. Public Comments. meetings. 4. Consideration and action on minutes of September 16, 2024, and October 7, 2024, 5. Consideration and action fora company to give aj presentation at a future council meeting on equipment for asphalt patching and repairs. (Councilmember Nora Hodges) 6. Consideration and action on a Resolution of the City Council oft the City of] Hempstead, Texas amending Section 15 "Cell Phone Policy" oft the employee guide toi include further detail on personal cell phone use restrictions during work time; providing for an effective 7. Consideration and action of on a Resolution of the City Council of the City of Hempstead, Texas approving the bylaws and the election of officers oft the Hempstead Community Development Corporation; making findings and other provisions related 8. Consideration and action on an Ordinance ofthe City Council oft the City ofl Hempstead, Texas amending Chapter 4, Division 3, Section 4.02.061 (4) of the Code of Ordinances which amended the International Residential Code, 2021 Edition, toj provide an exception for the requirement for the Comprehensive General Liability Insurance for the owners of the Residential Property performing work or services on roofs and carports; and making 9.Consideration: and action on al Resolution from the City Council oft the City ofHempstead, Texas in recognition of the Municipal Courts Week, recognizing the importance of Municipal Courts, the rule of the law, and the fair and impartial administration ofjustice. date. tot the subject. findings and other provisions related to the subject. 10. Consideration and action on payment of current bills. 11.A A. Mayor Reports- 1. Sales Tax B. Councilmembers Reports- 1. Veronica Klausmeyer- Reminder about the Trunk or Treat that is taking place on October 31, 2024, at the Gazebo. 2. Nora Hodges-Update OfTML Conference. The City Council of the City of Hempstead reserves the right to adjourn into executive session at any time during the course oft this meeting to discuss any oft the matters listed below authorized by Texas Government Code, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), and 551.086 (Certain Public Power Utilities: Competitive Matters). Council may act in Open Session on any item listed for Executive Session. 12. Adjourn City Council Meeting. Dated this the 18th day of September, A.D., 2024. By: SAKE Sabrina Alvarez, City Secretary I,t the undersigned authority, do hereby certify that the above Notice ofal Regular Meeting oft the governing body ofthe City ofHempstead is at true and correct copy ofs said Notice, and that at true and correct copy ofs said Notice was posted on the City Hall bulletin board entrances to City Hall, int the City Hall ofs said City of] Hempstead, Texas, aj place convenient and readily accessible to the general public at all times, and that said Notice was posted on September 18, 2024 at 9:00 A.M. and remained sO posted continuously for at least 72 hours preceding the scheduled time of said meeting. Dated this the 18th day of September, A.D., 2024. By: Secretary SD PUBLIC PARTICIPATION BY TELEPHONE The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 21st day of October 2024 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas. The public will be permitted to offer public comments telephonically as provided by the agenda and as permitted by the presiding officer during the meeting. A recording of the telephonic meeting willl be made and will be available to the public upon written request. The toll-free dial-in number to participate in the meeting telephonically is: 1-346-248-7799; Access Code 989-478-2100 IF CITY COUNCIL MEMBERS ARE GOING TO. APPEAR BY VIDEOCONFERENCEA QUORUM OF COUNCIEMEMBERS MUST BE PRESENT ATTHE LOCATION. NOTICE OF MEETING BY VIDEO CONFERENCE The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 21st day of October 2024 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas by videoconference in addition to allowing inj person attendance. A quorum of the City Council will be physically present at Hempstead City Hall, 1125 Austin Street, Hempstead. The public may participate in the City Council Meeting by using the following information: 1-346-248-7799, Access Code 989-478-2100 STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE IT REMEMBERED that on the 16th day of September 2024, A.D., 2024 at 6:00 P.M. the City Council met in a Regular Meeting at the Hempstead City Hall, 1125. Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Lonnie Garfield, Mayor Pro-Tem Veronica Klausmeyer, Councilmember (Absent) Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councilmember (Absent) Charles Williams, City Attorney Sabrina Alvarez, City Secretary 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 6:01 P.M. and Mayor Pro-Tem Lonnie Garfield gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. None. 4. Consideration and action on minutes of August 19, 2024, August 26, 2024, and September 3, 2024, meetings. Councilmember Dave Shelburne made ai motion to approve the minutes. Councilmember. Nora Hodges seconded the motion and carried unanimously. 5. Zoning Map Amendment request to rezone Block 509, Lots 1&2, Block 509, Lots 3&4 4, Block 509 Lot 5, Block 509, Lots 6-8 and Block 509 Lots 9-10, from R1- Single Family Residential to MH-Manufartured Housing. A. Public Hearing Public Hearing opened at 6:09 P.M. Public Hearing closed at 6:09 P.M. B. Consideration and action on an Ordinance from the City Council of the City ofHempstead requesting to rezone Block 509, Lots 1&2, Block 509,Lots 3&4, Block 509 Lot5, Block 509, Lots 6-8 and Block 509 Lots 9-10, from R1- Single Family Residential to MH-Manufactured Housing. Councilmember Dave Shelburne made a motion to postpone the heating until September 26, 2024. Mayor Pro-Tem Lonnie Garfield seconded the motion and carried unanimously. 6.2 Zoning Map Amendment Request from Atilla Tuna with Hempstead Ventures to rezone 3.903 acres unrestricted reserve "C" Block 1, Blasingame W.C.C.F No. 2109038 situated in the Lancelot Abbot one quarter league Abstract No.1 Waller County, Texas from AR-Agricultural Residential to R-3-Multi Family Residential. A. Public Hearing Public Hearing opened at 6:03 P.M. Public Hearing closed at 6:04 P.M. B. Consideration and action on an Ordinance from City Council of the City ofHempstead request to rezone 3.903 acres unrestricted reserve "C" Block 1, Blasingame W.C.C.F No. 2109038 situated in the Lancelot Abbot one quarter league. Abstract No.1 Waller County, Texas from AR-Agricultural Residential tol R-3-Multi Family Residential. Councilmember Dave Shelburne made a motion to approve the Ordinance. Councilmember Nora Hodges seconded the motion and carried unanimously. 7. Consideration and action on an Ordinance of the City of Hempstead, Texas approving and adopting the City ofHempstead General Budget for the year 2024-2025; making appropriations for City for such year as reflected in said Budget; establishing the procedure for intra-budget transfers; and containing other provisions relating to the subject. (Record Vote) Mayor Pro-Tem Lonnie Garfield wanted to thank everyone who helped with the budget, very AYES'S- Mayor Pro-Tem Lonnie Garfield, Councilmember Nora Hodges, Councilmember Dave transparent. Shelburne. NO'S-None ABSENT: Councilmember Veronica Klausmeyer, Councilmember Karon Neal. 8. C Consideration and action on a Resolution from the City Council of the City of Hempstead approving the Hempstead Economic Development Corporation 4A and 4B 2024-2025 Fiscal Budget. Councilmember Nora Hodges made a motion to approve the Resolution approving the 2024- 2025 Hempstead Economic Development Corporation 4 A& B Fiscal Budget. Mayor Pro-Tem Lonnie Garfield seconded the motion and carried unanimously. 9. Consideration and action on a Resolution of the City Council of the City of Hempstead, Texas appointing positions and terms to the Board of] Directors oft the City ofHempstead Economic Development Corporation 4A & 4B. Councilmember Nora hodges made ai motion to approve the Resolution. Mayor Pro-Tem Lonnie Garfield seconded the motion and carried unanimously. September 1,2023 - August 31,2024. 10. Consideration and action on Planning and Zoning Commission Annual Report Councilmember Nora Hodges made a motion to approve the annual report. Mayor Pro-Tem Lonnie Garfield seconded the motion and carried unanimously. 11. Discussion and possible action from Sid Chipman from the House ofl Help on the Toys for Tots. Sid Chipman with the House ofl Help stated to council that their Toys for Tots the building they use to host this event will be torn down by the end oft the year and she is asking council ift they know of any available buildings to please reach out tol her. They will need a building by November 1,2024, anywhere between 1,200 to 1,400 square feet. Ifs she cannot find a building by then there will be no Toys for Tots. 12. Consideration and action on payment of current bills. Mayor Pro-Tem Lonnie Garfield made ai motion to approve the bills. Councilmember Dave Shelburne seconded the motion and carried unanimously. 13. A. Mayor Reports- 1.Sales Tax-continue to rise up in the positive. B. Councilmembers Reports- good information to the city. 1.Nora Hodges-] Iwill be attending' The TML Convention in Houston, TX from October 9 through October 11, 2024. Hoping to bring back some 14. Adjourn City Council Meeting. Mayor Pro-Tem Lonnie Garfield made a motion to adjourn the meeting at 6:16P.M. Councilmember Nora Hodges seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st day of October, A.D., 2024. APPROVED: /s/: Katherine Ragston Ward, Mayor ATTEST: /s/: Sabrina Alvarez, City Secretary STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE: IT REMEMBERED that on the 7th day of October A.D., 2024 at 6:01 P.M. the City Council met in a Regular Meeting at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Lonnie Garfield, Mayor Pro-Tem Veronica Klausmeyer, Councilmember Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councilmember Charles Williams, City Attorney Sabrina Alvarez, City Secretary 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 6:00 P.M. and gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. None. 4. Discussion and action on the FY23 Audit. Ben Cohen with Crowe stated to Council that the audit started back in December of 2023. He discussed that the net position is 18.4 million and last year it was 18.3 million which included capital assets. He stated in the audit for FY2019 there was a deficit of1.41 million and has remained consistent through the years. He stated that he would like to see 25% of fund balance which equals 90 days. The Utility fund has been consistent over the last five years. The budget to actual states that we are staying within budget. Material weaknesses are monthly closing procedures, and a significant number of adjustments in the general ledger. Councilmember Dave Shelburne stated thati it's not terrible, the city just has to clean up the process to: make it more smoothly. Councilmember Dave Shelburne made aj motion to approve the FY23. Audit. Councilmember Nora 5. Zoning Map Amendment request to rezone Block 509, Lots 1&2, Block 509, Lots 3 & 4, Block 509 Lot 5, Block 509, Lots 6-8 and Block 509 Lots 9-10, Block 510 Lots 6- 8 and Block 510 Lots 9-10 from R1-Single Family Residential to MH-Manufatctured Hodges seconded the: motion and carried unanimously. Housing. A. Public Hearing Public Hearing opened at 6:21 P.M. Public Hearing closed at 6:21 P.M. B. Consideration and action on an Ordinance from the City Council ofthe City of Hempstead requesting to rezone Block 509, Lots 1&2, Block 509, Lots 3 & 4, Block 509 Lot 5, Block 509, Lots 6-8, Block 509 Lots 9-10, Block 510, Lots 6-8 and Block 510, Lots 9-10 from R1-Single Family Residential to MH-Manufactured Housing. Councilmember Dave Shelburne was not in favor with the rezone. Mayor Pro-Tem Lonnie Garfield was in favor with the rezone. Councilmember Nora Hodges was in favor with the rezone. Councilmember Veronica Klausmeyer had a concern for the rezoning. Councilmember Nora Hodges made a motion to approve the Ordinance. Mayor Pro-Tem seconded the motion. AYES- Councilmember Nora Hodges, Councilmember Karon Neal and Mayor Pro-Tem Lonnie Garfield. NOs-Councimember Dave Shelburne and Councilmember Veronica Klausmeyer. Motion 6. Annexation of1.562 acres ofland, lying and being situated partly in the City of Hempstead, Waller County, Texas part of. Jared E. Groce Survey, A-131, being lot 6 and the North 17 feet oflot 7, Block 734, Town of] Hempstead a map of plat ofs said town being of record in Volume 106, Page 311, in the deed records of Waller County, Texas, which is part of( (Tract 2) as conveyed in the deed from Hempstead Bible Fellowship to First Baptist Church, Hempstead, Texas dated November 19, 2018 as recorded in instrument No. 1809138, in the official public records of Waller County, Texas and being part of the same land called 3.1655acres (Tract 1) conveyed in said deed recorded in instrument 1809138, said 3.1655 acres being described in the deed from Thomas Edwin Rees and Martha Johnyne Rees to Hempstead Bible Fellowship, Inc., dated May 15, 2015 as recorded in instrument No. 1503106, in the official Public records of Waller County, Texas. carried. A. Public Hearing Public hearing opened at 6:34 P.M. Public Hearing postponed to a later date. B. Consideration and action on an Ordinance oft the City ofE Hempstead granting the petition for annexation filed by Timothy Brian Murphy providing for the extension of certain boundary limits of the City of Hempstead, Texas to include all that certain tract or parcel ofl land, lying and being situated in Waller County, Texas, 1.562 acres of land, lying and being situated partly in the City of Hempstead, Waller County, Texas part ofJared E. Groce Survey, A-131, being lot 6: and the North 17 feet of lot 7, Block 734, Town of Hempstead a map of plat of said town being of record in Volume 106, Page 311, in the deed records of Waller County, Texas, which is part of (Tract 2) as conveyed in the deed from Hempstead Bible Fellowship to First Baptist Church, Hempstead, Texas dated November 19, 2018 as recorded in instrument No. 1809138, in the official public records of Waller County, Texas and being part of the same land called 3.1655acres (Tract 1) conveyed in said deed recorded in instrument 1809138, said 3.1655 acres being described in the deed from Thomas Edwin Rees and Martha Johnyne Rees to Hempstead Bible Fellowship, Inc., dated May 15, 2015 as recorded in instrument No. 1503106, in the official Public records of Waller County, Texas. Providing that said territory bears Pro Rata part of taxes; entitling inhabitants to all rights and privileges of citizens and binding inhabitants to acts and laws oft the city; and providing a savings clause. 7. Consideration and action on a Resolution of the City Council of the City of Hempstead approving Records Management Policies, designating City Secretary as Records Management Officer, and directing the filing of records with the Texas State Library and Archives Commission related to records management. Councilmember Nora Hodges made a motion to approve the Resolution. Councilmember 8. Consideration and action on a bid being awarded for the Asphalt Pavement Mayor Ward stated to council that in their packets there were copies of all bids and that council needed to select who they recommended for the bid. Council signed the sheets and they were given to City Secretary Sabrina Alvarez. Councilmember Dave Shelburne made a motion to approve the bid to be awarded to Forde Construction Company, Inc. in the amount of$168,162.00. Councilmember Nora Hodges seconded the motion and carried unanimously. 9. Consideration and action from City Council to allow an appraisal of the cell tower located at Blocks 573 and 599 fora proposed lease agreement with CTI Towers. Attorney Charles Williams stated to council that CTI Towers would like to lease the cell tower, Sparklight did not renew the lease. He stated that we have to treat it like the sale of land, and we have to have a fair market value assessment. Councilmember Dave Shelburne made ai motion to allow and appraisal on the cell tower. Councilmember Nora Hodges Dave Shelburne seconded the motion and carried unanimously. Rehabilitation Program 2024. seconded the motion and carried the motion. 10. Council Reports- a. Nora Hodges- I want to remind taxpayers who requested an extension, the deadline is October 15. Those who qualify can file electronically for free with IRS Free File. Those who don't qualify can use Free. Fillable Forms. Also, I will be attending the Texas Municipal League 112th Annual Conference and Exhibition held in Houston from October 9-11. 11. Adjourn City Council Meeting. Mayor Pro-Tem Lonnie Garfield made a motion to adjourn the meeting at 6:43 P.M. Councilmember Karon Neal seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st dayo ofOctober, A.D., 2024. APPROVED: /s/: Katherine Ragston Ward, Mayor ATTEST: /s/: Sabrina Alvarez, City Secretary HE City ( af Stempotead 1125. Austin Street . Hempstead, Texas 77445.Tel: 979-826-2486-Fax: 979-826-6703 RESOLUTION NO.2 24- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS. AMENDINGSECTECTION15-CELL PHONE POLICY" OF THE EMPLOYEE GUIDE TO INCLUDE FURTHER DETAIL ON PERSONAL CELL PHONE USE RESTRICTIONS DURING WORK TIME; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Hempstead, Texas acknowledges the WHEREAS, improper personal use of cell phones in the workplace can contribute WHEREAS, the City Council desires to maintain a safe work environment for its BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. The above recitals are found to be true and correct and are hereby SECTION 2. Section 15 "Cell Phone Policy" of the Employee Guide is hereby amendment to: read as shown in Exhibit A to this Resolution with additions being bold and role of cell phones in the daily lives ofits employees; and to unsafe work environments and unnecessary distractions; and employees and reduce distractions in the workplace. Now therefore, HEMPSTEAD, TEXASTHAT: incorporated into this Resolution for all purposes. underlined and deletions being struek. SECTION 3. The Human Resources Director, or their assignee, is directed to incorporate the changes in Exhibit A into the Employee Guide and take appropriate action tonotify employees oft the amendment. SECTION 4. This Resolution shall become effective upon approval by City Council. PASSED AND APPROVED THIS 21St day ofOctober, 2024. Katherine Ward Mayor ATTEST: Sabrina Alvarez City Secretary EXHIBIT A SECTION 15. CELL PHONE POLICY Cell phones are a part of daily life. Don't let it be a distraction at work. Follow the rules below during your work hours at the City of Hempstead to help us maintain a safe working environment for everyone. During werking heurs, Prwy-epiay OmReAtenS-t,temty-ss.es,emergeneres,ete.-ReHePmere-easual-use: Fusimge-elphomewhedPwgerepeminghauy-PPmemtsiepthevehiele oregupmemt-preierbyafe-aamrtpHNe-deviees #usingeeelphe-RHReel."FSHmAeSHRe-everyene-te-werk-area-is-safe Plaee-tingersen-meervbietesveidstartingethers: are-aHowed,butare-motte-beise-used-routinely. beleretsimgtmephoene. Cell) Phone For this Policy, the term cell phone is defined as any handled electronic device with the ability to receive and/or transmit voice, text, or data messages without a cable connection. Typical use at work: The city allows the employees to bring their personal cell phones to work. While occasional, brief personal calls are acceptable, we expect employees to keep personal conversations to a minimum. Use of personal phones for "scrolling" or surfing the Employees must turn off the ringers on their cell phone while away from their cellphones. Employees must turn off the ringers on their cell phones or leave elsewhere while in While at work, employees are expected to exercise the same discretion in using personal cell phones as they use with the city landline phones. Excessive personal calls during the workday, regardless of the phone used, interfere with employee productivity and are distracting to other employees. Employees should restrict personal calls during work time tol high priority communications (i.e. emergencies, family issues, etc.). Employees should internet is prohibited while on the clock. meetings or training. ensure that their friends and family members are aware of this policy. Meetings. To ensure the effectiveness ofwork meetings, employees are asked to leave all cell phones at their desk or otherwise placed in a bag or pocket during the meeting. Phones should be on silent or vibrate. The city is not liable for the loss of personal cell phones Unsafe work situation: The city prohibits employees from the use of cell phones or similar devices while at any work site at which the operation of such device would be a distraction to the user and/or could create an unsafe work environment. Such worksites must be secured, or the device used only by an employee who is out of harm's way at such Use While Driving: Employees shall not use a personal cell phone or a city-issued cell phone while operating a city vehicle regardless ofy whether the employee is on or off the clock. This Company Issued Cell Phones: The city may, at its sole discretion, issue cell phones to employees whose jobs require them to make calls while away from work or require them to Cell phones issued by the city are city property. Employees must comply with city requests to make their city-issued cell phones available for any reason, including upgrades, replacement, or inspection. Emplovees who leave the city for any reason must return their Personal Use of City-Owned Cell Phones: City-issued cell phones are to be used only for business purposes.. Although occasional, briefpersonal phone calls using a city-issued phone are permitted. Personal use that exceeds this standard will result in discipline up to and including termination. Employees are expected to reimburse the city for any costs or charges relating personal use oftheir cell phones that exceeds the work-related use amount. Prohibition of Camera Phones: Employees should use extreme discretion and only use camera, video and audio recording devices, or video or recording features of cell phones when city-related work requires. Unnecessary or personal use of these features can cause Security of City Issued Cell Phones: Employees are responsible for the security of city- issued cell phones and the information stored on them. Always carryi it with you; never] leave the cell phone unattended. Ifl lost or stolen, you must immediately notify the supervisor. brought to the workplace. environments. prohibition includes both hands-on and hands-off device functions. be: accessible for work-related matters. city-issued cell phone(s). violations of privacy and breaches of confidentiality and is prohibited. City af Htempstead 1125Austin Street . Hempstead, Texas 77445-Tel: 979-826-2486-Fax:979-826-6703 RESOLUTION 24- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS, APPROVING THE BYLAWS AND THE ELECTION OF OFFICERS OF THE HEMPSTEAD COMMUNITY DEVELOPMENT CORPORATION: MAKING FINDINGS AND OTHER WHEREAS, the City Council oft the City ofHempstead by Resolution 24-024 on. August 5, 2024, approved the Certificate of Formation for the Hempstead Community Development PROVISIONS RELATED TOTHE SUBJECT. Corporation under Chapters 501 and 505 of the Local Government Code; and WHEREAS, the Secretary of State oft the State ofTexas has received and filed on August 12, 2024, as File Number 805694764, such Certificate of Formation, all as set forth in Exhibit A, hereto; and, WHEREAS, the Board of Directors of the Hempstead Community Development Corporation on October 14, 2024, conducted its organizational meeting pursuant to the provisions of Section 501.063 of the Local Government Code at which Bylaws were approved, and the initial officers of President and Secretary were elected, copies of such document are attached hereto as Exhibit B; WHEREAS, the City, Council pursuant to the provisions of 501.064 (c)(2) of the Local Government Code, by this Resolution approves the Bylaws, asset forth herein; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, Section 1. The Bylaws of the Hempstead Community Development Corporation are Section 2. The election of Kenneth Pilcher as President, and Veronica Klausmeyer as Secretary of the Board of Directors of the Hempstead Community Development Corporation is TEXAS hereby approved. approved. PASSED and APPROVED this the 21St_ day of October_ 2024. APPROVED: Katherine Ward, Mayor ATTEST: Sabrina Alvarez City Secretary 2 BYLAWS OF HEMPSTEAD COMMUNITY DEVELOPMENT CORPORATION ANON-PROFIT CORPORATION HEMPSTEAD, TEXAS SECTIONI OFFICES 1.01 RegisteredOffice and Registered Agent The Corporation shalll have and continuously maintain int the State ofTexas ai registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act. Thel Board ofDirectors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected int these Bylaws and the Certificate of Formation. The registered office of the Corporation is located at 1125 Austin Street, Hempstead, Texas 77445, and at such address is the Corporation, whose mailing address is 1125 Austin Street, Hempstead, Texas 77445. 1.02. Principal Office The principal office of the Corporation in the State of Texas shall be located in the City of Hempstead, County of Waller, and it may be, but need not be, identical with the registered office oft the Corporation. SECTIONI II PURPOSES 2.01 Purposes The Corporation is a non-profit corporation specifically governed by the Texas Development Corporation Act of 1979, as amended (the "Act"). The purpose of the Hempstead Community Development Corporation ("HCDC") is to promote, assist, and enhance economic development in accordance with the Certificate of Formation. The Corporation acts on behalfof the City ofHempstead, and may engage in any project authorized by Section 4B ofthe Act. SECTION II MEMBERS 3.01Members The Corporation shall have no members. SECTION IV BOARD OFDIRECTORS 4.01. Board ofDirectors The business and affairs of the Corporation and all corporate powers shall be exercised by or under authority of the Board Directors (the "Board"), appointed by the governing body of the City of Hempstead, and subject to applicable limitations imposed by the Texas Non-Profit Corporation Act, the Texas Business Corporation Act, the Certificate of Formation, or these Bylaws. The Board may, by contract, resolution, or otherwise, give general, limited or special power and authority to the officers and employees of the Corporation to transact the general business or any special business ofthe Corporation requiring such authorization. The Board may plan and direct its work through a Director, who will be charged with the responsibility of carrying out the Corporation's program as adopted and planned by the Board. The Board may contract with another entity for the services ofa Director. 4.02. Number and Oualifications The authorized number ofDirectors ofthis Board shall be seven (7). The Mayor shall appoint the Directors of the Corporation with the approval of the Council. At least five (5) Directors shall meet at least one (1)ofthe following qualifications: 1. serve, or have served, as ChiefExecutive Officer ofac company; or 2. serve, or have served, in aj position ofexecutive management ofa company; or 3. serve, or have served, in a professional capacity; or 4. have experience equivalent to any ofthe above qualifications. Not less than two (2) directors shall be members of the governing body of the City. Not Jess than three (3) directors shall be persons who are not employees, officers or members oft the City of Hempstead, Texas. Each director must reside within the City of Hempstead, Texas or Waller County, Texas. The City Council shall consider an individual's experience, accomplishments, and educational background in appointing members to the Board to ensure that the interests and concerns ofall segments of the community are considered. 4.03. Bonds The President ofthe Board shall each give an official bond in the sum ofr not less than One Hundred Thousand Dollars ($100,000.00). The bonds referred to 2 in this section shall be considered 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 Corporation. A copy ofeach officer's bond shall be filed with the City Secretary. 4.04. General Duties ofthe Board 1. The Board shall develop an overall Economic Development Plan for the City. 2. The Board shall expend, in accordance with State Law, the tax funds received by it on direct economic development where such expenditures will have a direct benefit to the citizens of Hempstead. 3. The Board shall make reports tothe City Council ofthe City ofHempstead. 4. The Board shall identify projects int the City for funding. 5. The Board shall be regularly accountable to the City Council for all activities undertaken by them or on their behalf, and shall report on all activities of the Board, whether discharged directly by the Board or by any person, firm, corporation, agency, association or other entity on behalfofthe Board. 4.05 Implied Duties The Hempstead Community Development Corporation is authorized to do that which the Board deems desirable to accomplish any of the purposes or duties set out or alluded to in Section 4.04 of these Bylaws and in accordance with State Laws. 4.06. Tenure The initial terms of office for the Directors shall be three (3) Directors with two (2)year terms, and four (4) Directors with a one (1) year term as designated by the Mayor and City Council. No member oft the Board shall serve more than two (2) consecutive terms. The Mayor shall appoint the Directors of the Corporation with the approval of the Council. The number of Directors shall be seven (7). Directors shall be removable at any time by the City Council by vote of three (3) Council members. The Directors of the Hempstead Economic Development Corporation may also serve as. Directors oft the Corporation. 4.07. Vacancies Any vacancy occurring shall be: filled by appointment by thel Mayor with approval ofC City Council. 3 4.08 Meetings The Board shall meet at least once each month at a place and time to be determined by the President. All meetings of the Board shall provide notice thereof as provided and set forth Texas Government Code Chapter 551. Any member of the Board may request that an item be placed on the agenda by delivering the same in writing to the secretary of the Board or its Director no later than five (5) days prior to the date oft the Board meeting. The President of the Board shall set regular meeting dates and times at the beginning ofhis/her term. Notice ofany meeting shall be given to the public in accordance with the requirements of the Texas Open Meetings Act. The notice shall contain information regarding the particular time, date, and location of the meeting and the agenda to be considered. All meetings shall be conducted in accordance with the Texas Open Meetings Act. The annual meeting of the Board of Directors shall be at the regular September meeting ofe each year, at 6 p.m. 4.09. Attendance Regular attendance of the Board meetings is required of all Members. The following number of absences may constitute the need for replacement ofai member: three (3) consecutive absences, or attendance reflecting absences constituting 50% of the meetings over a 12-month period. In the event replacement is indicated, the member will be counseled by the President and, subsequently, the President shall submit in writing to the City Secretary the need to replace the Board member in question. 4.10. Ouorum For the purpose of convening a meeting, a simple majority of the appointed number of appointed Directors then serving on the Board- shall constitute a quorum. For purposes of transacting the business of the Corporation at any meeting, a simple majority of the appointed Directors shall constitute a quorum. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. 4.11. Compensation The duly appointed members of the Board shall serve without compensation, but shall be reimbursed for actual or commensurate cost oft travel, lodging and incidental expenses while on official business ofthe Board in accordance with State Law. 4.12. Voting:Action ofthe Board ofDirectors Directors must be present in order to vote at any meeting. Unless otherwise provided in these Bylaws or in the Certificate of Formation or as required by law, the act of a simple majority oft the Directors present at any meeting for which a quorum is present shall be the act of the Board of Directors. The Directors are local public officials within the meaning of Texas 4 Local Government Code Chapter 171, and shall file an affidavit with the Secretary of the Corporation ift they have a substantial interest in a business entity or real property that is subject ofdeliberation by the Board. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote, unless the Board determines that no conflict of interest exists. Any Director may bring to the attention of the meeting any apparent conflict of interest or potential conflict of interest of any other Director, in which case the Board shall determine whether a true conflict of interest exists before any vote shall be taken regarding that particular matter. The Director as to whom a question of interest has been raised shall refrain from voting with regard to the determination as to whether ai true conflict exists. 4.13 Board's Relationship with City Council In accordance with State law, the City Council shall require that the Hempstead Community Development Corporation be responsible for the proper discharge of its duties assigned in this article. All policies for program administration shall be submitted for Council approval, and the Board shall administer said programs accordingly. The Board shall determine its policies and direction within the limitations of the duties herein imposed by applicable laws, the Certificate of Formation, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. 4.14. Board's Relationshipy withAdministrative Departments ofthe City Any request for services made to the administrative departments of the City shall be made by the Board or its designee in writing to the Mayor. The Mayor may approve such request for assistance form the Board when he finds such requested services are available within the administrative departments of the City and that the Board has agreed to reimburse the administrative department's budget for the costs of such services sO provided. Any request for legal assistance shall be made by the Board or its designee to the City Attorney. The City Attorney may provide such assistance when such services are available and the Board has agreed to reimburse the City for cost providing the legal services. 5 SECTIONV OFFICERS 5.01 Officers ofthe Corporation The elected officers oft the Corporation shall be President, Vice President, Secretary, and Treasurer. The Board may resolve to elect one or more Assistant Secretaries. Or one or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties oft the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his or her respective Assistant. Any two (2) or more offices may be held by the same person, except the office of President. 5.02 Selection ofOfficers The Board shall select from among its Members individuals to hold office. The term of office shall be fora a period ofone year; provided, however, that the officer shall continue to serve until the election oftheir successors. Elections shall be held at the annual meeting oft the Board. Any officer may be removed by the Board at any time, with or without good cause. The removal of an officer does not also result in the removal ofthat person as a director of Corporation. 5.03. Vacancies Vacancies in any office that occur by reason of death, resignation, disqualification, removal, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term ofthat office, in the same manner. as other officers are elected to the Board. 5.04. President The President shall be the presiding officer oft thel Board with following authority: 1. 2. 3. 4. Shall preside over all meetings ofthel Board. Shall have the right to vote on all matters coming before the Board. Shall have the authority, upon notice to the members of the Board, to call a special meeting ofthel Board when in his judgment such meeting is required. Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and Shall have the authority to appoint ad hoc committees which may address issues ofat temporary nature of concern or which have a temporary affect on the business functions of the Board. 5. oft the Board. 6 In addition to the above mentioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved arid unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board ofDirectors. 5.05 Vice] President In the absence of the President, or in the event of his or her inability to act, the Vice President shall perform the duties of the President. When sO acting, the Vice President shall have all power of and be subject to all the same restrictions as upon the President. The Vice President shall also perform other duties as from time to time may be assigned to him or her by the President. 5.06 Secretary The Secretary shall keep, or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City and the same to be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal oft the Corporation, and shall keep a register ofthe mailing address and street address, if different, of each director. 5.07. Treasurer The Treasurer shall be bonded for the faithful discharge of his/her duties with such surety or sureties and in such sum as the Board of Directors shall determine by Board resolution, but in no event shall the amount of such bond be less than an amount equal to the average of the sums which the Treasurer has access to and the ability to convert during a twelve (12) month period of time. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation. The Treasurer shall receive_ and give receipt for money due and payable to the Corporation form any source whatsoever, and shall deposit all such moneys in the name of the Corporation in such bank, trust corporation, and/or other depositories as shall be specified in accordance with Article Seven (7) oft these Bylaws. The Treasurer shall, in general, perform all the duties incident to that office and such other duties as from time to time may be assigned to him by the President of the Board. 7 5.08 Assistant Secretaries a and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers, ifany, shall in general, perform such duties as may be assigned to them by the Secretary or the Treasurer, or by the President or the Board ofl Directors. 5.09 Disurafommmilammi Development The Corporation may, with the approval of City Council, employ a Director of Communty/Economic Development. The Director shall serve as the Chief Executive Officer of the Corporation and shall oversee all administrative functions of the Corporation. The Director shall develop policies and procedures for the Corporation including financial, accounting, and purchasing policies and procedures to be approved by the Board and City Council. The. Director may be removed by a vote of four (4) members ofthe Board. 5.10Other Employees The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Development shall hire, direct, and control the work ofall Corporation employees. 5.11Contracts for Service The Corporation may, with approval oft 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 ini the performance ofi its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board ofDirectors ofits discretion and policy-making functions in discharging the duties discretion and policy-making functions in discharging the duties herein above set forth in this section. SECTION VI COMMITTEES 6.01 Oualifications for Committee Membership Members of committees shall be appointed by the President, and approved by the Board. Committee members need not be members of the Hempstead Community Development Corporation unless required by these Bylaws or Board resolution. 6.02 Standing Committees The President shall have authority to appoint the following standing committees ofthe 1. Budget, Finance and Audit Committee: This committee shall have the responsibility of working with the Director, or the contractual entity performing Board and such other committees as the Board may deem appropriate in the future: 8 as a Director as the case may be, in the formation and promotion of the annual budget oft the Board. The Committee shall present such budget to the Board and, upon approval, shall present, in accordance with these Bylaws, said budget to the City Council. In addition to the preparation of the budget for the Board, the Committee shall monitor all budget expenditures oft the Board and keep the Board advised in such matters. The Committee shall further have the responsibility to oversee and work with auditors oft the City or outside auditors when audits of the Committee for Business Retention and Expansion: This committee shall work with the Director of Communicylconomic Development and shall keep the Board informed of all development and activities concerning business retention Committee for New Business Formation: This committee shall work with the Director of Communty/Economic Development and shall keep the Board informed ofall development and activities concerning new business formation. Committee for New Business Attraction; and Recruitment: This committee shall work with the Director of Community/Economic Development and shall keep the Board informed of all developments and activities concerning business attraction Board are being performed. 2. and expansion. 3. 4. and recruitment. 6.03. Special Committees The President may determine form time to time that other committees are necessary or appropriate to assist the Board of Directors, and shall designate, subject to Board approval, the members oft the respective committees. No such committee shall have independent authority to act for or in the stead of the Board of Directors with regard to the following manners: amending, altering, or repealing the Bylaws;"electing, appointing, or removing any member of any such committee or any Director or Officer oft the Corporation; amending the Certificate of Formation; adopting a plain ofi merger or adopting a plan of consolidation with another corporation; authorizing the voluntary dissolution oft the Corporation or revoking the proceedings therefore; adopting a plan for the distribution of the assets of the Corporation; or amending, altering, or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered, or repealed by such committee. The designation and appointment of any such committee and delegation to that committee of authority shall not operate to relieve the Board of Directors, or any individual Director, ofany responsibility imposed on it or on his/her by law. 9 6.04. TermofOffice ofCommittee Members Each member of a committee shall continue as such until the next annual appointment of the Board of Directors and until his or her successor on the committee is appointed, unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors, or unless such member be removed from such committee. Any committee member may be removed from committee membership by the President, with Board approval, whenever in their judgment the best interests of the Corporation would be served by such removal. 6.05 VasanisonCommites Vacancies in the membership of any committee may be filled in the same manner as provided with regard tot the original appointments to that committee. 6.06 Ex-Officio Members The Mayor or the Mayor's designee(s) may attend all meetings oft the Board of Directors or Committees, including executive, private or public. These representatives shall not have the power to vote in the meetings they attend. Their attendance shall be for the purpose of ensuring that information about the meetings is accurately communicated to the City Council and to satisfy the City Council obligation to control the powers of the Corporation. SECTION VII FINANCIAL. ADMINISTRATION The Corporation may contract with the City for financial and accounting services. The Corporation's financing and accounting records shall be maintained according to the following guidelines. 7.01 Fiscal Year The fiscal year of Corporation shall begin on October 1 and end on September 30 ofthe following year. 7.02. Budget A budget for the forthcoming fiscal year shall be submitted to, and approved by, the Board of Directors, and the City Council of the City of Hempstead. In submitting the budget to the City Council, thel Board ofDirectors shall submit the budget on forms prescribed by the City. The budget proposed for adoption shall include the projected operating expenses, and such other budgetary information as shall be useful to or appropriate for the Board ofDirectors and the City Council ofthe City ofHempstead. 7.03 Contracts As provided in Article V above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed and provided, however, that the Board may by appropriate resolution, authorize any other officer or officers or any other agent or agents, including the Director ofCommuniy/Ecomomic Development, to enter into contracts or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power ofa attorney to carry out some action on behalfofthel Board, provided, however that not such power ofattorney may be granted unless an appropriate resolution oft the Board authorizes the same to be done. 7.04. Checks and] Drafts All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed or bear the facsimile of the President and the Treasurer, or such other person as designated by the Board. 7.05 Deposits All funds of the Hempstead Community Development Corporation shall be deposited on ar regular basis to the credit of the Corporation in a local bank that shall be federally insured and shall be selected following procedures and requirements for selecting a depository as set forth in Chapter 105 oft the Texas Local Government Code. 7.06_Gifts The Hempstead Community Development Corporation may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes oft the Corporation. 7.07 Purchasing All purchases made and contracts executed by the Corporation shall be made in accordance with the requirements oft the Texas Constitution and Statutes ofthe State ofTexas. 7.08. Investments Temporary and idle funds which are not needed for immediate obligations of the Corporation may be invested in any legal manner provided in Texas Government Code Section 2256 (Public Funds Investment Act). 11 7.09 Bonds Any bonds issued by the Corporation shall be in accordance with the statute governing this corporation, but in any event, no bonds shall be issued without approval of the Hempstead City Council after review and comment by the City's bond counsel and financial advisor. 7.10Uncommitted Funds Any uncommitted funds of the Corporation at the end of the fiscal year shall be The Undesignated Fund Balance may be committed for any legal purpose provided the Corporation's Board of Directors and the City Council both approve such commitment. This may include the establishment ofal Permanent Reserve Fund which shall be accumulated for the purpose of using the interest earnings of such fund to finance the operation ofthe Corporation. considered aj part ofthe Fund Balance. SECTION VIII BOOKS AND RECORDS 8.01 Books and Records The Corporation shall keep correct and complete books and records of all actions of the Corporation, including books and records ofa account and the minutes of meetings ofthe Board of Directors and of any committee having any authority of the Board and to the City Council. All books and records of the Corporation may be inspected by Directors of the Corporation or his/her agent or attorney at any reasonable time; and any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas Open Records Act and Open Meetings Act shall apply to disclosure of public information. The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm. 8.02. Monthly Reports The Corporation shall provide monthly summaries of proposed dispersal of funds for anticipated projects. Expenditure of funds in the excess of $5,000.00 must be approved by City Council. SECTIONIX SEAL 9.01Seal The Board of Directors shall obtain a corporate seal which shall bear the words "Corporate Seal ofHempstead Community Development Corporation"; the Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. 12 SECTIONX PROGRAM 10.01Authorization The Corporation shall carry out its program subject to its Certificate ofFormation and these Bylaws, and such resolutions as the Board may from time to time authorize. 10.02. Program The program of the Hempstead Community Development Corporation shall be to assist, stimulate, and enhance economic development in Hempstead, Texas, subject to applicable State and Federal Laws, these Bylaws, and the Certificate of Formation. SECTIONXI PARLIAMENTARY AUTHORITY 11.01 Amendments tol Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote oft five (5)ofthe authorized Directors serving on the Board, at a special meeting of the Directors held for such specific purpose, and the notice requirements stated hereinabove regarding special meetings shall apply, The Directors of the Corporation present at an annual meeting of the Board may, by a vote of five (5), in accord with the requirements of Article IV hereinabove, amend or repeal and institute new Bylaws, provided that at last ten (10) days prior to the annual meeting, written notice setting forth the proposed action shall have been given to the Directors, and public notice regarding such action given according the requirements of the Texas Open Meetings Act and Open Records Act. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. SECTION XII DISSOLUTION 12.01 Dissolution On petition often (10) percent or more of the registered voters of the City of Hempstead requesting an election on the dissolution of the Corporation, the City Council shall order an election on the issue. The election must be conducted according to the applicable provision of the Election Code. The ballot for the election shall be printed to provide for voting for or against the proposition: "Dissolution ofthel Hempstead Community Development Corporation." 13 Ifa majority of voters voting on the issue approve the dissolution, the Corporation shall continue operations only as necessary to pay the principal ofand interest ofits bonds and to meet obligations incurred before the date oft the election and, to the extent practicable, shall dispose of its assets and apply the proceeds to satisfy those obligations. Then the last of the obligations is satisfied, and the remaining assets of the Corporation shall be transferred to the City, and the Corporation is dissolved. SECTIONXII INDEMNITY 13.01 Indemnity The Board ofDirectors shall authorize the Corporation to pay or reimburse any current or former Director or Officer of the Corporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonable incurred by such person in any action, suit, or proceedings to which he or she is made a party by reason of holding such position as Officer or Director; provided, however, that such Officer or Director shall not receive such indemnification ifhe/she be finally adjudicated in such instance to be liable for gross negligence or intentional misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of, or preparation for, threatened or proposed litigation. The Board of Directors may, in proper cases, extend the indemnification to cover the good faith settlement ofany such action, suit, or proceedings, whether formally instituted or not. To the extent the Board of Directors authorize indemnification to Directors or Officer of the Corporation the City of Hempstead shall also provide indemnity to said Directors and Officers. However, City of Hempstead' S indemnification shall only apply after Corporation's ability to indemnify has been exhausted. Nothing in this section creates personal liability on the part of Officers and Directors to any extent not otherwise provided by statute or case law. Furthermore, the Corporation agrees to indemnify and hold harmless and defend the City of Hempstead, it officers, agents, and its employees, from and against liability for any and all claims, liens, suits, demands, and/or actions form damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from Corporation's activities and from an liability arising out of or resulting from the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Corporation, including but not limited tois officers, agents, employees, licensees, invitees, and other persons. Corporation further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, licensees, invitees, and other persons, as well as their property, while in the vicinity where activities are being performed. It is expressly understood and agreed that City of Hempstead shall not be liable or responsible for the negligence of Corporation including but not limited to its officers, agents, employees, licensees, invitees, and other persons. 14 Itis further agreed with respect to the above indemnity, that City of Hempstead will provide the other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Corporation or City of Hempstead, and City of Hempstead shall have the right to compromise and defend the same to the extent of its own interests. It is further agreed this indemnity clause shall be an additional remedy to the City ofHempstead and not an exclusive remedy. SECTION: XIV MISCELLANEOUS 14.01 Relation to Certificate of Formation. These Bylaws are subject to, and governed by, the Certificate of Formation and applicable State statutes under which the Corporation is organized. 15 City af empotead 1125Austin Street e Hempstead, Texas 77445-Tel: 979-826-2486-Fax: 979-826-6703 ORDINANCE24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS. AMENDING CHAPTER 4, DIVISION 3,SECTION 4.02.061(4) OF THE CODE OF ORDINANCES WHICH AMENDED THE INTERNATIONAL RESIDENTIAL CODE, 2021 EDITION, TO PROVIDE AN EXCEPTION FOR THE REQUIREMENT FOR COMPREHENSIVE GENERAL LIABLITY INSURANCE FOR THE OWNERS OF RESIDENTIAL PROPERTY PERFORMING WORK OR SERVICES ON ROOFS AND CARPORTS; AND MAKING FINDINGS AND OTHER BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF HEMPSTEAD, Section 1. That Chapter 4. Division 3, Section 4.02061(4) of the Code of Ordinances (4) Exception to insurance requirements. The insurance requirement recited above PROVISIONS RELATEDTOTHE SUBJECT TEXAS: a isa amended to read as follows: shall not be required if: (A) The homeowner ist the person that will actually perform the work or services covered by aj permit under the International Residential Code 2021 edition; (B) The property to which the permit(s) relates is listed as their homestead according to the Waller County Central Appraisal District records; and (C) The person does, in fact, live in the home, or, (D) The person that will actually perform the work or services covered by a permit under the International Residential Code 2021 edition is the owner ofthe residential property according tot the Waller County Central Appraisal District records; and the permitted work or services is for the repair or replacement ofai residential roof or carport. Section 2. Should any section or part ofthis ordinance bel held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such sections or part shall ini no wise affect, impair, or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in effect. Section 3. The City Council finds and declares that the written notice of the meeting ofthe City Council ofthe City ofHempstead, Texas has been posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting as required by Chapter 551, Government Code. PASSED AND. APPROVED THIS' THE 21st DAYOF October, 2024. Katherine Ward MAYOR ATTEST: Sabrina Alvarez City Secretary 2 RESOLUTION, No. 24C-024 INI RECOGNITION OF MUNICIPAL COURTS WEEK ARESOLUTION RECOGNIZING THE IMPORTANCE OF MUNICIPAL COURTS, THEI RULEOF WHEREAS, municipal courts play a significant role in preserving public safety and promoting quality of life in WHEREAS, more people come in contact with municipal courts than all other Texas courts combined and public impression of the Texas judicial system is largely dependent upon thej public's experience ini municipal court; WHEREAS, the City ofHempstead has hosted the Hempstead Municipal Court since 1985; Hempstead Municipal Courti isa a state court and' The. Judge is member of thes state judiciary; LAW, ANDTHEI FAIR. AND IMPARTIALADMINISTRATION OF. JUSTICE Texas; WHEREAS, state law authorizes a municipality to either appoint or elect ai municipal judge for a term of office, the WHEREAS, the procedures for the Hempstead Municipal Court operations are set forth in the Texas Code of WHEREAS, the City of Hempstead is committed to the notion that our legal system is based on thej principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us and that judges and court personnel should comply with the law and act in a manner that promotes public confidence in the integrity and WHEREAS, the Hempstead Municipal Judge is not a policy maker for the City of Hempstead but is bound by the law and the Canons of. Judicial Conduct and is required to make decisions independent of the governing body of the WHEREAS, the City Council recognizes that the Constitution and laws of the State of Texas contain procedural safeguards in criminal cases for all defendants, including indigent defendants, and supports the Hempstead Criminal Procedure and other laws of the State ofTexas; impartiality of thej judiciary; City Council, city officials, and employees; Municipal Court in complying with such legal requirements. NOW, THEREFORE BE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS THAT THE WEEK OF NOVEMBER 4-8, 2024, IS HEREBY RECOGNIZED AS MUNICIPAL COURTS WEEK IN RECOGNITION OF THE FAIR AND IMPARTIAL JUSTICE OFFERED TO OUR CITIZENS BY THE MUNICIPAL COURT OFI HEMPSTEAD. PASSED AND APPROVED ON THIS THE DAYOF. 20 MAYOR ATTEST: APSTEAD CITY SECRETARY VN Conferences & Events Publications Resources Clerk Certification Traffic Safety Municipal Courts Week Municipal Courts Week November 4-8, 2024 Join municipal courts, city councils, and communities throughout Texas in showing appreciation for the dedicated municipalj judges, court clerks, court administrators, prosecutors, bailiffs, and warrant officers who comprise the Texas municipal courts. Municipal Courts Week is a great time to not only recognize how much municipal courts do, butt to share with the public the important role that local courts and their personnel playi in the criminal justice system and the TMCEC encourages all cities to adopt the attached model resolution in recognition of Municipal Courts Week. Ify your city larger community. adopts the resolution, let us know by e-mail to ned@tmcec.com. Set up an anti-impaired driving exhibit at the courthouse Utilize social media to recognize the court and promote traffic safety Ask your city council to pass a esolution/proclamation click here for as sample Holda a mock trial with al local highs school government class acting as the key players Host a Q&A column ini the newspaper all week to explain how your municipal court works Possible activities: Host at tour of your court for the city council and the public. While they are there, ask the presiding judge to make Show the court staff what a great) jobt they are doing by treating them to a staff appreciation lunch or have al brown- ap presentation bag lunch hour together 1/3 MUNICIPAL COURT WEEK MONDAY NOVEMBER 4, 2024 Municipal Court Week THRU FRIDAY NOVEMBER 8, 2024 Weekly agenda Monday November 4, 2024 Giveaways: Candy bags Tuesday November 5, 2024 Giveaway: Muffins and juice Wednesday November 6, 2024 Giveaway: Candy bags Thursday November 7, 2024 Giveaway: Candy bags Table in court lobby set up with TMCEC court educational information. Table in court lobby set up with TMCEC court educational information. Tablei in court lobby set up with TMCEC court educational information. Table in court lobby set up with TMCEC court educational information. Staff personnel: Staff appreciation lunch Friday November 8, 2024 Giveaway: candy bags U COMPTROLERIEXAS.GOY Transparency Tax Allocations Glenn Hegar Texas Comptroller of Public Accounts City Sales and Use Tax Comparison Summaryoctober 2024 Download and further analyze current and historic data using the Texas Open Data Center. NOTE: Some jurisdictions may have changed tax rates, thus affecting the comparison. See Local Sales Tax Rate Information Report comprolerlesasgovlasesbabsfaterepatgno. for al list of jurisdictions who have changed rates in the preceding 14 months. U/C = Unable To Compute Percentage Change Total Net Payments This Period: $692,230,427.63; Comparable Payment Prior Year: $706,094,029.63; Percent Change: Total Payments YTD: $7,202,039,976.72: Total Prior Year Payment YTD: $7,079,056,997.90; Percent Change: 1.64% -1.96% Search Table Search City Harker Heights Harlingen Hart Haskell Haslet Hawk Cove Hawkins Hawley Hays Hearne Heath Hebron Hedley Hedwig' Village Helotes Hemphill Hempstead Henderson Henrietta Hereford Net Payment This Per Comparable Payment % Cha Prior Year Payment y %Cha TD iod $919,300.27 $2,602,170.64 $5,941.51 $65,231.22 $471,463.68 $1,940.12 $42,150.40 $23,696.56 $3,979.24 $167,179.13 $239,316.78 $11,855.35 $1,277.86 $250,023.49 $771,045.23 $44,717.78 $223,909.23 $742,421.75 $69,953.12 $274,527.65 Prior Year nge Payment YTD $9,245,201.33 $28,576,523.46 $54,674.42 $644,579.93 $5,198,545.97 $21,687.77 $417,859.60 $275,393.39 $26,810.10 $1,782,928.13 $2,570,767.37 $126,663.79 $12,866.38 $2,401,067.48 $7,880,289.25 $514,442.42 $4,265,716.61 $7,551,032.62 $707,126.71 $2,852,795.05 nge $880,739.83 4.37% $2,654,778.78 -1.98% $6,659.26 -10.77% $82,474.17 -20.90% $550,818.45 -14.40% $1,847.58 5.00% $40,399.56 4.33% $43,080.66 -44.99% $2,216.91 79.49% $212,950.27 -21.49% $240,906.02 -0.65% $14,889.53 -20.37% $810.57 57.64% $238,211.33 4.95% $968,769.05 -20.40% $42,010.92 6.44% $221,128.39 1.25% $688,441.36 7.84% $67,555.83 3.54% $293,211.80 -6.37% $9,266,175.30 -0.22% $27,871,982.92 2.52% $58,041.72 -5.80% $699,167.06 -7.80% $5,113,450.91 1.66% $21,586.87 0.46% $428,955.06 -2.58% $349,603.97 -21.22% $19,329.11 38.70% $2,111,900.46 -15.57% $2,631,164.17 -2.29% $143,210.71 -11.55% $10,425.59 23.41% $2,647,145.24 -9.29% $8,851,718.98 -10.97% $508,970.36 1.07% $2,014,502.49 111.75% $7,630,171.00 -1.03% $775,400.42 -8.80% $3,018,397.40 -5.48% W 4 Rows 441 to 460 of 1174 Total 3 Ifyoul have questions about Tax Allocation Payment Distribution Schedule, please contact Tax Allocation malloTaxAlocation@epaiexas.gov,