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Res 2342 5/22/1979I .x RESOLUTION NO. , . a2 RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH WICHITA COUNTY FOR THE ESTABLISHMENT OF THE WICHITA FALLS COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER, ALSO KNOWN AS THE HELP CENTER. WHEREAS , House Bill 3 enacted by the 59th Legislature in 1965, as thereafter amended (Article 5547-203 , Revised Civil Statutes of Texas) authorizes local agencies, includ- ing cities and counties, to enter into a contract to es- tablish andoperate community mental health and mental retardation centers; and, WHEREAS, the City of Wichita Falls and the County of Wichita heretofore established such a center, and entered into a formal contract dated August 10, 1973 , providing for the establishment and operation of such a center, which contract was approved by the Board of Aldermen by Resolu- tion No. 1446; and, WHEREAS, this center has requested that the City and County amend the agreement in such manner as to bring it into compliance with the requirements of Section 501 (C) 3) of the Internal Revenue Code in order that such center may secure exempt status under that section. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment of the Agreement for the Establishment of the Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 22nd day of May, 1979. MAYOR ATTEST: City Clerk FIRST AMENDMENT OF AGREEMENT FOR THE ESTABLISHMENT OF THE WICHITA FALLS COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER a/k/a THE HELP CENTER THE STATE OF TEXAS X COUNTY OF WICHITA X THIS First Amendment of agreement made by and between the City of Wichita Falls, Texas, and Wichita County, Texas, pursuant to the Texas Mental Health and Mental Retardation Acts of the Revised Civil Statutes of Texas, as amended: W I T N E S S E T H: WHEREAS, the parties hereto executed an agreement for the establishment of a community mental health and mental retardation center dated August 10, 1973 , and the parties mutally desire to amend such agreement. NOW, THEREFORE, in consideration of the mutual agree- ments herein contained, the parties agree that such agree- ment dated August 10, 1973 , is hereby amended to read as follows: The Parties hereto hereby agree jointly to establish and operate the Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, for the purpose of providing mental health and mental retardation ser- vices, all pursuant to the provisions of the Texas Mental Health and Mental Retardation Act. The Center shall princi- pally be located in Wichita Falls, Texas, but may have out- reach and subsidiary programs in other areas of the County as so established by the Board of Trustees of said Center. The Parties hereto agree to contribute funds for the administration of the various programs and services of such Center at such times and in such amounts as their respective governing bodies find and determine, from time to time, to be available and in the public interest. The Board of Trustees created below shall design pro- grams of mental health and mental retardation services under which local funds contributed by each Party hereto shall be spent solely for programs conducted wholly within the respective County of the Party contributing such funds. The administrative offices of the Center shall be located in the City of Wichita Falls, Texas. The Wichita Falls Community Mental Health and Mental Retardation Center, also known as the Help Center, shall be governed by a Board of Trustees consisting of nine (9) persons appointed by the governing bodies of the Parties hereto, from time to time, from the qualified voters of Wichita County, Texas . The terms of Board Members shall be staggered by appointment of not less than one-third nor more than one-half the members for one year, or until their successors are appointed, and by appoint- ing the remaining members for two (2) years, or until their succes- ors are appointed. Thereafter all appointments shall be for a two year period, or until their successors are appointed. Appointments made to fill unexpired terms shall be for the period of the unex- pired term, or until a successor is appointed. All appointments shall be made by a majority vote of the governing bodies of the Parties hereto making such appointments . The Board of Trustees shall annually file, or cause to be filed, a copy of their proposed budget for their ensuing year September 1 through August 31) with the City Clerk of the City of Wichita Falls and the County Clerk of Wichita County, on or before September 1 of each year. The Board of Trustees of said Center shall annually cause to be obtained, an independent audit of the records and books of the accounts of said Center and to file a copy of the same with the City Clerk and County Clerk within ten (10) days after the first regular meeting of the Board of Trustees following said Board ' s receipt of such audit. 2- No part of the net earnings of the said Center shall inure to the benefit of, or be distributable to, its members , trustees, or other private persons except that said Center shall be authorized and payempoweredtoa reasonable compensation for services rendered andempowered to make payments and distributions in furtherance of the purposes set forth herein. No substantial part of the activities of said Center shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and said Center shall not participate in, or intervene in (including the publishing or distribution of state- ments) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this agreement, said Center shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal Income Tax Section 501 (C) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or by an organization contributions to which are deductible under Section 170 (C) 2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) . Upon dissolution of the Wichita Falls Mental Health and Mental Retardation Center, the assets of said Center shall be distributed to the City of Wichita Falls, Texas and Wichita County, Texas, for such public purposes as the parties hereto may agree, " WITNESS THE HANDS AND SEALS OF THE PARTIES HERETO, in multiple originals , on this day of 1979 . CITY OF WICHITA FALLS, TEXAS ATTEST: By City Clerk Gerald G. Fox, City Manager WICHITA COUNTY, TEXAS By Tom Bacus ,County Judge ATTEST: 3- County Clerk