HOUSTON CENTER FOR LITERACY

Houston Code of Ordinances ch. 2, art. XI, div. 4

in effect

Houston Code of Ordinances § 2-360 Definitions.

Sec. 2-360. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. Literacy shall mean the ability to read, write, analyze, reason, and to use mathematics well enough to perform tasks basic to everyday life in an increasingly complex technological society. Literacy service provider shall mean a nonprofit, tax-exempt organization providing low-cost or free literacy tutoring services for adults who are illiterate or marginally literate in the English language. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-361 Name; members.

Sec. 2-361. - Name; members. The name of this organization shall be the Houston Center for Literacy hereinafter called the "center," which shall consist of 24 members. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 92-423, § 1, 4-15-92; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-362 Composition; members.

Sec. 2-362. - Composition; members. (a) The members of the center shall be appointed to specific positions. Positions 1 through 17 shall be appointed by the mayor and confirmed by the city council. Positions 18 through 22 shall be appointed by the city council. Positions 23 and 24 shall be the directors of the libraries of the City of Houston and of Harris County and shall be ex officio with full voting privileges. Additionally, the mayor shall serve as a non-voting ex officio member of the center. The composition is as follows: (1) Positions 1 and 2 shall be held respectively by the Superintendent of the Houston Independent School District, or the superintendent's high-ranking designated representative and by the President of the Houston Community College System, or the president's high-ranking designated representative. (2) Positions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall be held by members of the business sector in the city. (3) Position 13 shall be held by a representative of higher education in the city. (4) Positions 14 and 15 shall be held by representatives of the media or the communications industry in the city. (5) Positions 16 and 17 shall be held by representatives of literacy service providers in the city nominated by the mayor's coalition for literacy. (6) Positions 18, 19, 20, 21, and 22 shall be held by interested residents of the city. (7) Positions 23 and 24 shall be held by library directors as provided in section 2-362(a). (b) One organization shall not be represented on the center more than once at any one time; however, employment by or membership in an organization by a person shall not of itself be a deciding factor regarding the prohibition. The decision of the city council in this matter shall be final. (c) No person shall serve more than two consecutive terms on the center. (d) The terms of office for positions on the center shall be as follows: (1) Positions 1 and 2 shall have no set term unless filled by a designated representative, in which case the terms shall expire on January 1, 2014, and on the same date on each third successive year thereafter. (2) The terms of office for Positions 3, 6, 9, 12, 15, 18, and 21 shall expire on January 1, 2014, and on the same date in each third successive year thereafter. (3) The terms of office for Positions 4, 7, 10, 13, 16, 19, and 22 shall expire on January 1, 2015, and on the same date in each third successive year thereafter. (4) The terms of office for Positions 5, 8, 11, 14, and 17, and 20 shall expire on January 1, 2013, and on the same date in each third successive year thereafter. (e) Any member serving in a position for which the term has expired shall continue to serve until the member's successor in that position is appointed and confirmed. (f) By majority vote of a quorum of its members, the center may designate persons to serve one-year terms as honorary or ex-officio members of the center. Persons so designated shall not be members of the center, and they shall not have a vote. (g) Positions 1, 2, 4, 5, 7, 12, 15, 23 and 24 shall be exempt from the residency requirements of section 2-316(a) of this Code, provided those positions are occupied by persons working or having a business within the corporate limits. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 89-395, § 1, 3-22-89; Ord. No. 92-423, § 2, 4-15-92; Ord. No. 93-58, § 1, 1-20-93; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-363 Mayor's coalition for literacy.

Sec. 2-363. - Mayor's coalition for literacy. There is hereby established the mayor's coalition for literacy. The sole purposes of this coalition are to provide a forum where literacy service providers in the city can meet to discuss needs of the members and the literacy needs of the city, to make recommendations to the mayor and the center on such matters, and to nominate and submit to the mayor at least three months before each term expires a list of at least five candidates from which the mayor will appoint persons to fill Positions 16 and 17 on the center. Membership on the coalition is open to all literary service providers in the city. If the coalition fails to nominate and submit a list of candidates in a timely fashion, the mayor shall select the persons to be appointed, section 2-362(a)(5) of this Code notwithstanding. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-364 Assistance by certain city departments.

Sec. 2-364. - Assistance by certain city departments. The Directors of the Houston Public Library System, the Houston Health Department, and the departments of planning and development finance, and administration and regulatory affairs and their staffs shall provide requested assistance to the center. The city attorney and his staff shall provide legal services and representation to the center. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 08-52, § 4, 1-16-08, eff. 1-26-08; Ord. No. 2012-71, § 2, 1-25-2012; Ord. No. 2015-820, § 3, 8-26-2015)

Houston Code of Ordinances § 2-365 Compensation of members; conflicts of interest.

Sec. 2-365. - Compensation of members; conflicts of interest. Members of the center shall serve without compensation from the city or any firm, trust, donation or legacy to or on behalf of the city; provided, however, that the center may appropriate and disburse sufficient funds in its control to pay the expenses of administering its duties, and provided further that a member of the center or the firm, company or corporation with whom the member is associated shall not be precluded from receiving compensation from the city under any contract for services rendered which has no relation to the member's duties as a member of the center. Members of the center shall abstain from voting upon matters in which they have or may have a conflict of interest, and officers and members of the center shall not participate in any activity of the corporation in which they have or may have a conflict of interest. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-366 Organization.

Sec. 2-366. - Organization. The center shall organize by electing from their membership a chairperson, a vice chairperson, and a secretary, each of whom shall hold office for one year or until their successors shall have been elected and qualified. No officer shall serve more than two consecutive terms in the same office, and no person shall serve more than four consecutive years as an officer. The center may adopt such administrative procedures as are necessary or convenient to accomplish the purposes set out in this division. The center may employ an executive director and necessary staff, at salaries set by the center. The executive director and the staff of the center shall not be considered employees of the city for any purposes and shall not be entitled to any of the privileges or benefits of the city's employees. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 89-395, § 2, 3-22-89; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-367 Purposes.

Sec. 2-367. - Purposes. The purposes of the center shall be to: (1) Receive and maintain real or personal property, or both, and to use and apply the income therefrom and the principal thereof exclusively for charitable, scientific, literary and educational purposes; (2) Solicit funds, gifts, and bequests for literacy providers and literacy activities in the city and manage and invest such funds, gifts, and bequests donated to the center, including but not limited to, the purchase or sale of real or personal property and investments in bonds, notes, common stocks, and securities of any kind; (3) Review and make advisory recommendations to the mayor and city council on proposed literacy projects to be paid for by city funds; (4) Bring to the attention of Houston residents the extent and ramifications of functional illiteracy in the city; (5) Recruit and screen volunteers and students, direct them to organizations that offer literacy services, and monitor their progress; (6) Find organizations, facilities and resources to help promote literacy; (7) Encourage and expand new approaches and programs to promote literacy; (8) Prevent the perpetuation of functional illiteracy, particularly through family or intergenerational literacy programs; (9) Work toward creation of a literate work force in Houston as the foundation of a strong economy; (10) Assist in enriching the lives of Houstonians and enable them to reach their full potential by helping them become literate; (11) Formulate and submit to the mayor and city council in December of each year a report on literacy projects using funds and assets held by the center or for its benefit in trust accounts, or invested by the center. A one-month extension of time for submission of the report may be given by the mayor; (12) Offer technical assistance and training to individuals and organizations to increase and improve literacy services; (13) Establish pilot or demonstration programs needed to fill gaps in the literacy service delivery system, particularly for underserved and at-risk groups; and (14) Collect learner data from literacy service providers throughout Houston to show the need for, and current use of, such agencies in Houston. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 89-395, § 3-6, 3-22-89; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-368 Additional powers.

Sec. 2-368. - Additional powers. (a) The center may cooperate with any trust created for a purpose similar to that of the center as set out in section 2-367 of this Code. In addition, the center may contract for financial management and investment services and may pay the reasonable fees therefor from solicited funds, gifts, bequests, and income therefrom; provided, the center shall exclude therefrom any solicited funds, gifts, or bequests when payment of a financial management and investment service fee would be contrary to the provisions of the grant. (b) The center may exercise its sole discretion in the application for literacy purposes of funds received from any trust created specifically for the benefit of the center when such trust specifically grants such sole authority to the center and from funds donated directly to the center; provided, expenditure of funds shall be in compliance with the applicable competitive bid laws of the state and the Charter of the city. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-369 Financial records.

Sec. 2-369. - Financial records. The financial books and records of the center shall be open to inspection and audit during regular business hours by any authorized representative of the city, by independent certified public accountants employed by the city, or by members of the public in accordance with the Texas Public Information Act. Similarly, the financial books and records of any trust created for the benefit of or to cooperate with the center shall be open to such inspection and audit. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-370 Annual financial report.

Sec. 2-370. - Annual financial report. The center shall file an annual audited financial statement meeting the requirements set forth by the director of finance. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-371 Fidelity bond.

Sec. 2-371. - Fidelity bond. The city shall maintain a blanket fidelity bond for the center members. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-372 Meetings.

Sec. 2-372. - Meetings. Regular center meetings shall be held at least four times a year. In addition, special meetings may be held in accordance with such rules as the center may provide. All meetings of the center shall be held in accordance with the Texas Open Meetings Act. A quorum of the members of the center shall consist of a majority of the center's members. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 94-1370, § 2, 12-21-94; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-373 Removal of members.

Sec. 2-373. - Removal of members. Center members may be removed by the city council for the followings causes: (1) Four consecutive absences from regular meetings of the center; (2) Failure to abstain in votes or activities of the center, where direct or indirect conflicts of interest are or may be involved; or (3) Conduct, whether or not resulting in a conviction, which impairs the ability of the member to carry out his or her center duties. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Houston Code of Ordinances § 2-374 Articles of incorporation.

Sec. 2-374. - Articles of incorporation. The city council hereby approves the form and substance of the restated articles of incorporation of the Houston Center for Literacy, under the Texas Business Organizations Code. A copy of said articles of incorporation and any amendments thereto, and the center's bylaws and any amendments thereto, shall be maintained in the office of the city secretary. In the event of the dissolution of this corporation, the city shall succeed to the funds and assets of the corporation except to the extent that this may conflict with the conditions of a particular donation to the corporation. (Ord. No. 88-93, § 1, 1-20-88; Ord. No. 2012-71, § 2, 1-25-2012)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXIBOCOAUET_DIV4HOCELIFetched: 10/26/2026