BROWNFIELD ECONOMIC DEVELOPMENT CORPORATION

Programs of Work

Plan of Work

MISSION

To promote the expansion and enhancement of existing businesses in Brownfield, as well as promoting the development of new business.

AREAS OF DEVELOPMENT

Business Retention and Expansion

BEDC will work to retain and expand existing businesses.

Goals

BEDC will work with local businesses and industries by being sure they know what options we offer for help.
BEDC will stay aware of all changes and trends in the economy for our area of the state.
BEDC will make visits regularly with local business and industry to ensure there is a positive relationship between the business or industry and BEDC and the City of Brownfield.
BEDC will continue to be a liaison with the Texas Workforce Commission, in order to be aware of all job training programs and current employment statistics.
BEDC will offer development incentives to expand or enhance local business.

Action Steps

Conduct one on one company visits. The Director will make personal visits to discuss local business operations.
Participate with the Brownfield Chamber of Commerce to raise awareness of business opportunities and events that support local business in Brownfield.
Work with Texas Workforce Commission and South Plains Workforce to hold Job Fairs annually.
Work with Brownfield ISD in their CTE programs to train workforce for jobs in the area.
Continue to encourage Adult Education Opportunities through South Plains Workforce.

Business Attraction

BEDC will continue to work to create a business climate and atmosphere that encourages economic growth in our community through new business attraction and support.

Goals

BEDC will continue to encourage new business and industry to locate in Brownfield for the purpose of creating new jobs and increasing the tax base.
BEDC will attempt to recruit businesses needing office spaces to move into empty buildings around town.
BEDC will continue to recruit agriculture-related industry to Brownfield.
BEDC will continue to use a retail recruiting program to attract retail businesses to Brownfield.
BEDC will continue to work to enhance the look and presentation of our town in order to attract and maintain business and citizens.

Action Steps

Develop prospect leads through established relationships with brokers and builders, as well as developing new relationships
Continue to stay in contact with brokers and builders to recruit new business to Brownfield.
Maintain an “ear to the ground” in order to stay aware of perceived needs in the retail area in Brownfield.
Continue to offer incentives to recruit new business.
Be ready to be creative with incentives and use outside the box thinking to make deals happen.
Continue to look for ways to make Brownfield look good to others by working for more art installations, as well as enhancing our local green spaces.

Marketing

Goals

BEDC will establish a marketing program for business recruitment and business retention using a variety of marketing tools.
BEDC will continue monitor all available commercial building, commercial tracts, and lots in Brownfield.
BEDC will continue alliances with all local entities.
BEDC will continue to maintain a solid relationship with our State elected officials.

Action Steps

Work with local media to develop new marketing materials
Keep an updated list of available properties in Brownfield and be ready to have that information handy for potential business and industry.
Continue to have a great working relationship with City Council, County Commissioners, Hospital Board, Water District, and School Board. This will be done in part by attending meetings throughout the year.
Continue to stay in touch with our local and state elected officials to keep the aware of the needs and highlights of Brownfield.

The Board

By-Laws

BYLAWS OF THE BROWNFIELD TYPE B ECONOMIC DEVELOPMENT CORPORATION, A NON-PROFIT CORPORATION

These bylaws (the "Bylaws") govern the affairs of the Brownfield Type B Economic Development

Corporation, a public instrumentality and a non-profit corporation (the "Corporation") created

under Section 4B of the Development Corporation Act of 1979, Local Government Code,

Subchapter A, Sections 501.001 and 505.001, et seq., as amended (the "Act").

ARTICLE 1

PURPOSE AND POWERS

Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article IX

of its Certificate of Formation, the same to be accomplished on behalf of the City of Brownfield,

Texas (the "City"), as its duly constituted authority and instrumentality in accordance with the

Act.

Section 2. Powers. The Corporation shall have all the express and implied powers set forth

and conferred in its Certificate of Formation, in the Act, and in other applicable law.

ARTICLE II

BOARD OF DIRECTORS

Section 1. Number and Terms of Office.

(a) The affairs of the Corporation shall be managed and controlled by a Board of Directors (the

"Board", and each a “Director”) and, subject to the restrictions imposed by law, the

Certificate of Formation, the Act, and these Bylaws, the Board shall exercise all the powers

of the Corporation.

(b) The Board shall consist of seven Directors, each of whom shall be appointed by and serve at

the pleasure of the City Council of the City of Brownfield (the "Council").

Directors at its December 5, 2024 Council meeting to begin serving on the Effective Date.

Initial Directors in Seats 2, 4, and 6 are appointed for an initial term of one year each beginning

on the Effective Date. Initial Directors in Seats 1, 3, 5, and 7 are appointed for an initial term

of two years each beginning on the Effective Date. Thereafter, Directors are appointed for

terms of two years each, with Seats 1,3, 5, and 7 expiring in May of even numbered years and

Seats 2, 4, and 6 expiring in May of odd numbered years.

(d) No Director of the Board shall serve more than five consecutive full terms. A former Director

can be reappointed after serving three full terms if one full calendar year has passed following

completion of the former Director’s last term.

(e) Any director may be removed from office by the Council at will, with or without cause.

(f) In the event of a vacancy on the Board, the City Council shall make an appointment to fill the

remainder of the unexpired term.

Section 2. Qualifications.

(a) The City Council shall appoint the Directors of the Corporation.

1. A minimum of five of the Directors shall be persons who are not members of the City

Council of Brownfield. Up to two Directors may be members of the City Council.

(b) The City Council shall consider an individual's experience, accomplishments, and education

background in appointing Directors to the Board to ensure that the interests and concerns of

all segments of the community are considered.

1. Experience in management or in an executive capacity.

2. Experience in the evaluation of financial and business records and projections.

3. Experience in economic development matters.

4. Education, training, or experience useful to the Corporation's purposes.

(d) Directors of the Board shall be:

A resident of the State of Texas and reside within Terry County;

Section 3. Resignations.

(a) Director resignations shall be made in writing and shall take effect immediately upon receipt

by the President or the Executive Director. The acceptance of a resignation shall not be

necessary to make it effective unless expressly so provided in the resignation.

(b) Any Director who files for elected office other than that of Mayor or City Council shall

automatically resign from the Board, except for elected officials then serving on the Board

and seeking reelection to the same office. Such automatic resignation shall take effect upon

the Director filing an application for candidacy, and such vacancy shall be filled in the manner

provided in Article II, Section 1.

Director shall cease to be the Mayor or a member of the City Council of the City of

Brownfield, such event shall constitute an automatic resignation as a Director and such

vacancy shall be filled in the manner provided in Article II, Section 1.

Section 4. Meetings of Directors.

(a) The Board shall have regular meetings of the Board every month, which shall be held at a date

and time as determined by the President.

(b) The Board shall have special meetings of the Board at such times as the Board may determine

and as is necessary to carry out its duties.

special meeting of the Board. Additionally, a special meeting of the Board may be called by

any four Directors.

(d) The Board shall hold its meetings at a suitable location as determined by the Board President.

(e) Directors shall be expected to regularly attend all Board meetings. Special consideration can

be granted for absences for good cause. The Council shall be advised of and may remove any

Director who is absent from three consecutive regular or special meetings, or 66% of total

meetings.

(f) Any Director may request an item be placed on the agenda by delivering the same in writing

to the Executive Director no later than ten days prior to the date of the Board meeting.

Section 5. General Duties of the Board.

(a) The Board shall recommend expenditures from the Type B Tax funds to City Council, in

accordance with State law, the Certificate of Formation, and these Bylaws, for final approval

and subsequent administration of certain economic development projects.

(b) The Board shall make a detailed report to the City Council once each year, no later than

November 30 of each year. Such report shall include, but shall not be limited to, the following:

1. A review of all expenditures made by the Board in connection with their activities

involving economic development, together with a report of all expenditures made by the

Board.

2. A review of the accomplishments of the Board in the area of economic development.

3. The policies and strategy followed by the Board in relation to economic development,

together with any new or proposed changes in said policies and strategy.

4. A review of the activities of the Board for the budget year addressed in an annual report,

together with any proposed change in an activity as or activities relate to economic

development.

finances.

Section 6. Open Meetings Act.

All meetings and deliberations of the Board shall be called, convened, held and conducted, in

accordance with the requirements of the Texas Open Meetings Act.

Section 7. Quorum.

A majority of the Directors shall constitute a quorum for the conduct of official business of the

Corporation. The act of a majority of the Directors present at a meeting at which a quorum is in

attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater

number is required by law or is otherwise required within these Bylaws. A Director may not vote

by proxy.

Section 8. Conduct of Business.

(a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be

considered in accordance with the rules of procedure as from time to time may be prescribed

by the Board by resolution.

(b) At all meetings of the Board, the President shall preside and, in the absence of the President,

in the order of availability, the Vice-President or the Secretary shall exercise the powers of

the President.

Section 9. Committees of the Board.

The Board may constitute from time to time committees of the Board that are deemed necessary

or appropriate. No such committee shall have independent authority to act for or in the stead of the Board. Such committees shall report back to the Board.

Section 10. Compensation of Directors.

Directors shall not receive any salary or compensation for their service as Directors. However,

they may be reimbursed for their actual reasonable expenses incurred in the performance of their

duties hereunder. The policy regulating payment of reasonable actual expenses incurred in

performance of official duty shall be determined by the Board.

Section 11. Conflicts of Interest.

The members of the Board of Directors are local public officials within the meaning of Texas

Government Code Chapter 171. Directors shall follow and adhere to the requirements and

limitations of Texas Local Government Code Chapter 171, as amended. If a Director has a

substantial interest in a business entity or real property which is the subject of deliberation by the

Board of Directors, the Director shall file an affidavit with the Secretary of the Corporation stating

the nature and extent of the interest. Such affidavit shall be filed prior to any vote or decision upon

the matter, and the interested Director shall abstain from any vote or decision upon the matter. The

Corporation shall not make a loan to a Director, Officer, or employee of the Corporation or to an

Officer or employee of the City. Any Director may bring to the Board’s attention any apparent or

potential conflict of interest of any other Director in any transaction or matter coming before the

Board for a decision. The Board of Directors shall decide on whether the Director has a conflict

of interest before voting on the transaction or matter. The Director alleged to have the conflict of

interest shall not vote on the determination of whether the conflict of interest exists.

Section 12. Gifts.

The Board may accept on behalf of the Corporation any contribution, gift, bequest, or devise for

the general purposes or for any special purposes of the Corporation. Directors may not receive

personal gifts valued above $50.

Section 13. Board’s Relationship with City Administration.

Any request for service made to the administrative departments of the City shall be made by the

Board or its designee to the City Manager. The City Manager may approve such request for

assistance from the Board when the City Manager finds such requested services are available

within the administrative departments of the City, provided their performance of such services

does not materially interfere with other duties of such personnel of the City.

Any requests for legal assistance shall be made by the Board or its designee to the City Manager.

The City Manager will consult with the City Attorney and shall respond to the Corporation's

request. The Corporation shall provide for the cost of legal services.

ARTICLE III

OFFICERS AND EMPLOYEES

Section 1. Titles and Term of Office.

(a) The officers of the Corporation shall be a President, Vice-President, and Secretary. Any two

offices may be held by the same person, except the office of President of the Board. Terms of

office shall be one year with the right of an officer to be reelected; provided, however, that

the officers continue to serve until the election of their successors.

(b) Elections of the officers shall be held at the annual meeting of the Board.

the Board.

(d) A vacancy in the office of any officer shall be filled by a vote of the majority of the Board.

(e) Neither the office of President or Vice-President may be held by the Mayor or a member of

the City Council.

Section 2. Powers and Duties of the President.

The President of the Board shall:

(a) Preside over all meetings of the Board.

(b) Have the right to vote on all matters coming before the Board.

Board, when in his or her judgment such meeting is required.

(d) Have the authority to appoint ad hoc committees of the Board, which may address issues of a

temporary nature or concern or which have a temporary effect on the business of the Board.

(e) Have the authority to appoint advisory committees to the Board to further the overall

development plan of the Board.

(f) Sign with the co-signature of the Secretary, any document which the Board has approved,

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.

(g) In general, perform all duties incident to the office, and such other duties as shall be prescribed

from time to time by the Board.

Section 3. 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.

Section 4. Secretary.

The Secretary shall keep, or cause to be kept, the minutes of all proceedings of the Board and make

a proper record of the same, which shall be attested by the Secretary. The Secretary shall perform

such other duties as may be required by the Board.

Section 5. Executive Director and Other Employees.

(a) The Executive Director, if any, shall be an employee of the City of Brownfield who shall be

hired by the Board of Directors, subject to the approval of the City Council.

(b) The Executive Director shall be subject to removal by the Board of Directors, with or without

cause, following a request by either the Board or the City Council.

Executive Officer for the Corporation, and shall oversee all administrative functions of the

Corporation.

(d) The Corporation shall reimburse the City for all salary and benefits paid to the Executive

Director.

(e) Subject to the approval of the Board of Directors, the Corporation may employ additional full-time or part-time employees as needed to carry out the programs of the Corporation. If

additional full-time or part-time employees are authorized by the Board of Directors, the

Executive Director shall hire, direct, and control the work of all such employees of the

Corporation. These employees shall perform those duties as are assigned to them.

(f) The Executive Director and additional full or part-time employees shall be required to follow

all Personnel Policies of the City of Brownfield.

ARTICLE IV

FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS

Section 1. Annual Corporate Budget.

The Board shall cause to be prepared and shall submit to the City Council of the City, a budget for the forthcoming fiscal year, in accordance with the annual budget preparation schedule set forth by the City Manager. The budget shall be submitted to the City Manager for inclusion in the annual budget presentation to the City Council. 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 and the City Council. No budget amendments shall become effective without City Council approval. No expenditures of funds shall be made unless such expenditure is provided for by the City Council approved budget of the Corporation.

Section 2. Contracts for Service.

(a) The Corporation may contract with any qualified and appropriate person, association,

corporation, or governmental entity to perform and discharge designated tasks which will aid

or assist the Board in the performance of its duties.

(b) No such contract shall ever be approved or entered into which seeks or attempts to divest the

Board of its discretion and policy-making functions.

Section 3. Books, Records, and Audits.

(a) The Corporation shall keep and properly maintain, in accordance with generally accepted

accounting principles, complete books, records, accounts, and financial statements pertaining

to its corporate funds, activities, and affairs.

(b) The Corporation shall cause its books, records, accounts, and financial statements to be

audited at least once each fiscal year by an outside, independent auditing and accounting firm

selected by the Council. Such audit shall be at the expense of the Corporation and shall be

conducted in conjunction with the annual audit of the City’s books and records.

accordance with the Texas Public Information Act, Chapter 552, Texas Government Code.

Section 4. Deposit and Investment of Corporate Funds.

(a) All funds of the Corporation shall be deposited on a regular basis by bonded employees of the

City who have been designated by the City Manager for that purpose, consistent with

generally accepted accounting practices, in a local bank that is a depository of the City, which

shall be federally insured and shall be selected following procedures and requirements for

selecting a depository as set forth in Chapter 105 of the Local Government Code. All deposits

shall be properly accounted for as deposits of the Corporation. All interest earned on funds

of the Corporation shall be deposited to the account of the Corporation.

(b) Temporary and idle funds, which are not needed for immediate obligations of the Corporation,

shall be maintained on deposit in the Corporation's depository, or may be invested in any other

legal manner in compliance with the Public Funds Investment Act and the Investment Policy

of the City.

("Obligations") issued by the Corporation shall be deposited and invested as provided in the

resolution, order, indenture, or other documents authorizing or relating to their execution or

issuance.

Section 5. Expenditures of Corporate Money.

The monies of the Corporation, including sales and use taxes collected pursuant to the Act, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations:

(a) Expenditures from the proceeds of Obligations shall be identified and described in the orders,

resolutions, indentures, or other agreements submitted to and approved by the City Council

prior to the execution of loan or financing agreements or the sale and delivery of the

Obligations to the purchasers thereof;

(b) Expenditures that may be made from a fund created with the proceeds of Obligations, and

expenditures of monies derived from sources other than the proceeds of Obligations, may be

used for the purposes of financing or otherwise providing one or more "Projects", as defined

in the Act. The specific expenditures shall be described in a resolution or order of the Board,

and shall be made only after the approval thereof by the City Council;

indebtedness issued in the name of the Corporation shall be handled in compliance with the

finance and payment policies, and applicable Codes, of the City of Brownfield, Texas, as

amended from time to time.

Section 6. Issuance of Obligations.

Any debt issuance issued by the Corporation shall be in accordance with the statute governing this

corporation, but in any event, no debt issuance shall be issued without approval of the City Council,

after review and comment by the City's bond counsel and financial advisor.

ARTICLE V

MISCELLANEOUS PROVISIONS

Section 1. Principal Office.

(a) The principal office of the Corporation shall be located at such place in the City of Brownfield as determined by the Board.

(b) The Corporation shall have and shall continually designate a registered agent at its principal

office, as required by the Act.

Section 2. Fiscal Year.

The fiscal year of the Corporation shall be the same as the fiscal year of the City.

Section 3. Indemnification of Directors, Officers, and Employees.

The Directors 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 reasonably incurred by such person in any action, suit, or proceeding 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 if he 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 may, in proper

cases, extend the indemnification to cover the good faith settlement of any such action, suit, or

proceedings, whether formally instituted or not.

Section 4. Seal.

The Board of Directors may provide for a corporate seal.

Section 5. Legal Construction.

These Bylaws shall be construed in accordance with the laws of the State of Texas.

Section 6. Severability.

If any provision or section of these Bylaws is held to be invalid, illegal or unenforceable in any

respect, the invalidity, illegality or unenforceability shall not affect any other provision, and the

Bylaws shall be construed as if the invalid, illegal, or unenforceable provision had not been

included in the Bylaws.

Section 7. Amendments to Bylaws.

The Bylaws may be altered, amended, or repealed by the Board of Directors with the consent of

the City Council of the City.

Section 8. Termination

The Corporation may be terminated in the manner prescribed by law.

ARTICLE VI

EFFECTIVE DATE AND APPROVAL

Section 1. Effective Date.

These Bylaws shall become effective upon the occurrence of the following events (the “Effective

Date”):

(l) the adoption of these Bylaws by the Board, and

(2) the approval of the Bylaws by the City Council.

Section 2.

These Bylaws of the Brownfield Type B Economic Development Corporation were approved and

adopted at a meeting of the Board of Directors of the Brownfield Type B Economic Development

Corporation, held on the 23rd day of March, 2026.

Brownfield Type B Economic

Development Corporation

/s/ Kelly Riley

Kelly Riley, President

Approved and adopted at a meeting of the City Council held on the 2nd day of April, 2026.

/s/ Eric Horton

Eric Horton, Mayor

Attest:

/s/Kelly Burris

Kelly Burris, City Secretary