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HomeMy WebLinkAboutCDCpkt2011-09-01COMMUNITY DEVELOPMENT CORPORATION September 1, 2011 Meeting Packet N0 NQ AGENDA REGULAR MEETING OF ANNA COMMUNITY DEVELOPMENT CORPORATION :L September 1. 2011 at 5:00 p.m.' COMMUNITY ANNA CITY HALL ADMINISTRATION BUILDING, DEVELOPMCORPORATION 111 N. POWELL PKWY., ANNA, TEXAS The Anna Community Development Corporation will conduct its regular meeting at 5:00 p.m.' on September 1, 2011, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. S 0 6? WI,-, 2. Roll Call and Establishment of Quorum. 3. Invocation and Pledge. 9"�, . Consider/Discuss/Action regarding adopting a resolutio authorizing a sponsorship agreerppnt with th9ater AnnaCmbe erce.� Consider/Discuss/Action regardinp opting resolutio authorizing a sponsorship ora portion of th �� pto ber 11 memorial at Slayter Creek Park. yonsider/Discuss/Aolttiiioon_ reregarding dopting resolution authorizing a survey of land at Natural Springs Park. �r 7. CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or I ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-9243325 two working days prior to the meeting so that appropriate arrangements can be made. (2) To deliberate the offer of a financial or other incentive to a business Prospect described by subdivision (1). (Tex. Gov't Code §551.087) B. Review of bills and fiscal year 2010-11 budget. ,U'P-00-f( 9. Consider/Discuss/Action regarding approving the regular meeting minutes from August 4,11. 1 94 513 D This is to irttfy that I, Jessica Perkins, Assistant to the City Manager, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., August 29, 2011. n � ica Perki sistant to the City Manager IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever It is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-9243325 two working days prior to the meeting so that appropriate arrangements can be made. COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1. 2011 Budgeted Amount: N/A Item No. 1 Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Call to Order SUMMARY: STAFF RECOMMENDATION: Staff Contact: Jessica Perkins Exhibits: Yes X No COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Budgeted Amount: N/A Item No. 2 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: Yes X No AGENDA SUBJECT: Roll Call and Establishment of Quorum. SUMMARY: STAFF RECOMMENDATION: COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Budgeted Amount: N/A Item No. 3 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Innovation and Pledge. STAFF RECOMMENDATION: Staff Contact: Jessica Perkins Exhibits: _ Yes X No COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Budgeted Amount: n/a Item No. 4 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution authorizing a sponsorship agreement with the Greater Anna Chamber of Commerce SUMMARY: The CDC historically enters into a sponsorship agreement with the GACC for the yearly events hosted by the GACC. The events include: Glow Fest, Christmas Parade, Golf Tournament, Annual Banquet, and July 40' Celebration. STAFF RECOMMENDTION: Staff recommends you consider this resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the CDC believes that funding the Chamber is a necessary promotional expense for the CDC and the Anna community; and WHEREAS, the CDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's promotional account in accordance with the procedures outline in EXHIBIT A. PASSED AND APPROVED by the Anna Community Development Corporation this day of APPROVED: CDC President 2011. ATTEST: CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the Greater Anna Chamber of Commerce, Inc. ("GACC") and entered into on this day of 20 Section 1. Summary During the CDC's 2011-2012 fiscal year, the CDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the CDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the CDC and the City. Section 2. Definitions For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) CDC shall mean the Anna Community Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the CDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the CDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the CDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 1 OF 9 (1) the CDC shall be named as a Sponsor of the GACC event, that the CDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the CDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years. Section 3. General Requirements 3.01 Letter of Intent The GACC agrees to provide to the CDC a letter of intent prior to each event and prior to the CDC's payment to GACC of any funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the CDC. The letter of intent for any given event may set forth a different amount requested to be paid by the CDC than the amount estimated for such event as set forth in Section 4 of this Agreement. 3.02 Sponsorship Benefits The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the CDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the CDC as: The City of Anna Community Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and CDC anticipate CDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: 4.01 Glowfest 2011 Name/Purpose: Glowfest 2011, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 2 OF 9 Date, Time, Location of Event: All Day on Saturday, October 29, 2011 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide letter of intent to CDC: Monday, September 26, 2011 Estimated Compensation amount: $5,000.00 Due Date of Payment: Monday, October 17, 2011 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide approximate headcount of attendees' and geographic locations where attendees reside. 4.02 2011 Christmas Parade and Winter Wonderfest Name/Purpose: 2011 Christmas Parade and Winter Wonderfest - Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 10, 2011, parade route Deadline for GACC to provide letter of intent to CDC: Monday, November 14, 2011 Estimated Compensation amount: $1,500.00 Due Date of Payment: Monday, November 28, 2011 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: attendees - 4.03 2012 Annual Banquet Name/Purpose: 2012 Annual Banquet - Awards and appreciation banquet as well as a promotional event for current and prospective businesses in our community. Date, Time, Location of Event: 5:00pm — 11:00pm Saturday, February 8, 2012, Longhorn Hill Party Barn in Anna, TX Deadline for GACC to provide letter of intent to CDC: Monday, January 9, 2012 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 3 OF 9 Estimated Compensation amount: $3, 11 00 Due Date of Payment: Monday, January 24, 2012 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at the banquet; full-page advertisement placed on back of program; advertisement during event including signage and in PowerPoint presentation Promotional Benchmark Requirements: GACC will provide list of attendees 4.04 2012 Golf Tournament Name/Purpose: 2012 Golf Tournament, Networking event for current GACC members as well as a promotion to prospective new members and businesses Date, Time, Location of Event: All Day on Monday, April 16, 2012, Hurricane Creek Country Club Deadline for GACC to provide letter of intent to CDC: Monday, March 19, 2012 Estimated Compensation amount: $3,000.00 Due Date of Payment: Monday, April 2, 2012 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on postcard distributed throughout Anna, Van Alstyne, Melissa, Sherman & McKinney, Recognition as Title Sponsor in Program and on signage the day of the event, opportunity to display promotional material, signage placed on various holes Promotional Benchmark Requirements: GACC will provide a list of players 4.05 Anna Fireworks Event Name/Purpose: 2012 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 5:00pm — Conclusion of Fireworks, Sunday, July 1, 2012 at Slater Creek Park and Anna ISD Football Stadium Deadline for GACC to provide letter of intent to CDC: Monday, June 4, 2012 Estimated Compensation amount: $5,000.00 Due Date of Payment: Monday, June 18, 2012 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 4 OF 9 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide and estimated number of attendees Section 5. Compensation In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the CDC agrees to pay the GACC the total amount of compensation of ($15,000) during the CDC's fiscal year 2011-2012, subject to the conditions set forth in this Agreement. Before the CDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the CDC with a letter of intent—signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the CDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($15,000) amount of compensation shall be made in five separate payments with the amount of each payment being determined by the CDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this Agreement; or (2) a different amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A. If the CDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed $15,000 during the CDC's 2011-2012 fiscal year. The GACC shall provide the CDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the CDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 5 OF 9 its employees, agents, contractors, or its subcontractors, nor does the CDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the CDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the CDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the CDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the CDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the CDC. A copy of each policy, or at the CDC's discretion, a certificate of insurance, shall be filed with the CDC Secretary. Section 9. Default 9.01 Events of Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: (a) the failure of GACC to timely provide the CDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or—if the event cannot occur on the originally scheduled date due to inclement weather—the failure of the GACC event to be rescheduled and occur in accordance with Section 18 of this Agreement; AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 6 OF 9 (c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the CDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the CDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by CDC that can be cured by the immediate payment of money to GACC, CDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from CDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide CDC with the Sponsorship Benefits, the default may be cured by refunding CDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case CDC is immediately entitled to exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full refund of any amounts paid by the CDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 7 OF 9 Section 11. Notice Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: CDC CDC President Anna Community Development Corporation 101 N. Powell Parkway Anna, Texas 75409 GACC GACC Director Greater Anna Chamber of Commerce P.O. Box 1256 Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 12. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the CDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 13. Entire Agreement This Agreement represents the entire and integrated Agreement between CDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 14. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 15. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 8 OF 9 Section 16. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 17. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 18. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. Section 19. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the CDC. Section 20. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, CDC and GACC have executed this Agreement. Sara Cox Jason Schilli Greater Anna Chamber of Commerce CDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 PAGE 9 OF 9 Deleted: 2010 - AGREEMENT FOR SPONSORSHIP COMMITMENT FOR,2011-2012 PAGE 10 OF 10 , ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COM LAITY E LOPMENT CORPORATION AUTHORIZING AN EXPENDITURE ODS A SURVEY OF LA AT NATURAL SPRINGS PARK WHEREAS, the Anna Community Develo poration th eds to work with the City of Anna to sell a portion land; and WHEREA a CDC has found and determined that the a laessary step before ng the property up for sale, and the CDC desthe expenditure to in such survey; NOW THEREFOI DEVELOPMENT Section 1. Recitals IT RESOLVED BY THE )RATION, THAT: The recitals set forth above' ncorporate5erein for all purposes as if set forth in full. Section 2. Authority for The CDC hereby authorizes experes for the land survey, in the amount of PASSED AND APPROVED y the Ann\AT: elopment Corporation this day of , 201 APPROVED: CDC Presided CDC Secr ry CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Budgeted Amount: n/a Item No. 5 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution authorizing a sponsorship for a portion of the September 11 fl' memorial at Slayter Creek Park. SUMMARY: The Anna Fire and Rescue is spearheading a September l lch Memorial at Slayter Creek Park and asked if the CDC would be interested in funding a portion of the memorial. Chief Newton will give more details. STAFF RECOMMENDTION: Staff recommends you adopt the resolution.. ANNA COMMUNITY DEVELOPMENT CORPORATION A RESOLUTION OF THE ANNA AUTHORIZING AN EXPENDITURI AT SLAYTER CREEK PARK DEVELOPMENT CORPORATION MBER 11" MEMORIALFEATURE WHER S, the Anna Community D nt Corporation (the "CD intends to purchase aterials necessary for the nstruction o/September Memorial to be used for pu 'c park purposes; and WHEREAS, th CDC has found and determined thmaterials is in the interest of the C munity, is an improvement that ile for park facilities, is necess to promote the CDC, and willxpanded business enterprise; NOW THEREFORE, B&IT RESOLVED BY TFJFANNA COMMUNITY DEVELOPMENT CORP ATION, THAT: Z Section 1. Recitals The recitals set forth above ar%ncorZorated herein for all purposes as if set forth in full. Section 2. Authority for The CDC hereby authorizes xpen ures for park equipment, up to the amount of $1,000 for the purchase of aterialscessary to construct a portion of a September 11th Memorial at Slayter eek Park in na, Texas. PASSED AND APPR VED by the Anna munity Development Corporation this day of 12011. APPROVED: CDC President W CDC CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Item No. 6 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: )� Yes _ --No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution authorizing a survey of land at Natural Springs Park. SUMMARY: The city is interested in selling the property adjacent to Auto Zone and purchasing a piece of property to the east of the pond. This would allow for better access to the future community center as well as securing all of the pond at Natural Springs Park. The current owner of the property east of the pond has agreed to sell the property to the city for a good price. The property next to Auto Zone would sell for fair market value as commercial property. In order to move forward a survey needs to be completed. STAFF RECOMMENDATION: Staff recommends you adopt the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTI N OF THE ANNA COMMUNI , 1XVE&OPMENT CORPORATION AUTHORIZING AN EXPENDITURE OUND SURVEY OF LAND AT NATURAL SPR GS PARK ,'N" WHEREAS, the Aria Community Developrt%oration (the "CD C")j�kends to work with the City o nna to sell a portion o rk land; and WHEREAS, the CDC Vs found and determined that the a landoVey is a necessary step before placing the Ikoperty up for sale, and the CDC de s to authorize the expenditure to obtain suat survey; NOW THEREFORE, BE DEVELOPMENT CORP Section 1. Recitals I The recitals set forth above are Section 2. Authority for The CDC hereby authorizes PASSED AND APP day of APPROVED: CDC SOLVED BY THE APR COMMUNITY ON, THAT: herein for all purposes as if set forth in full. for the land survey, in the amount of the Anna CNpmunity Development Corporation this , 2011. 0 CDC CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Item No. 7 Anna Community Development Corporation Agenda Staff Report Meeting: Seutember 1, 2011 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: _Yes X No AGENDA SUBJECT: CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) SUMMARY: n/a STAFF RECOMMENDATION: n/a COMMUNITY DEVELOPMENT CORPORATION Meeting: September 1, 2011 Budgeted Amount: n/a Item No. 8 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Review of bills and fiscal year 2010-11 budget. SUMMARY: n/a STAFF RECOMMENDATION: n/a CDC Meeting September 1, 2011 Bills for review: Wolfe, Tidwell, McCoy: May Legal fees: $279.75 June Legal fees: 559.37 Terrall and Associates Consulting Fees: June: $956.88 July $517.33 Item No. 9 Anna Community Development Corporation Agenda Staff Report Meeting: September 1, 2011 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving the regular meeting minutes from August 4, 2011. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. MINUTES OF REGULAR MEETING OF THE COMMUNITY DEVELOPMENT CORPORATION LORPORP1101I r Thursday August 41 2011 The Community Development Corporation ("CDC") of the City of Anna met at 5:03 p.m., Thursday, August 4, 2011, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order Jason Schilli, President of CDC, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Gene Bowles, Connie Stump, Sherilyn Godfrey, Jason Schilli and Jason Foch Directors John Houck and Duane Hayes were absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC; Sarah Cox, President of GACC; and Alice Courtney, a new resident of Anna. 3. Invocation and Pledge Jason Schilli gave the Invocation and led the group in the Pledge of Alliance. 4. Consider/Discuss/Action regarding the fiscal year 2011-2012 budget. Jessica Perkins presented the fiscal year 2012 budget. The details of the budget were discussed in previous meetings there was little discussion. Connie Stump made a motion to adopt the budget. Sherilyn Godfrey seconded the motion. Motion carried. 5. Consider/Discuss/Action regarding a subscription to Web QA an online shop local marketing program. Last month, Lisa, of Web QA, gave a presentation of Shop QA via the Internet. Web QA is conducting a pilot study in Texas using eleven (11) cities as subjects, one being Anna. There has not been any feedback from other cities as to the success of Shop QA. However, the program has many features that would be I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-04-2011 Special CDC Minutes.doc helpful to our business owners such as listing the location of their business, their products, specials, advertising and coupons offerings. Before, making a motion, several items in the contract were discussed: (1) the term of the contract;(2) the City having complete control over the content; (3) if the business owner had to have a GACC membership to be eligible for enrollment in Shop QA; (4) or at no cost to all businesses; and (5) automatic renewal that will be dropped from contract. If the contract is broken (60 days out clause), CDC would still owe Web QA money on a prorated basis. Gene Bowles made a motion that (1) CDC adopt the resolution; (2) authorize the expenditure of funds in the amount of $1700.00 for the promotion of businesses that have located in or near the City; and (3) enter into a mutually agreeable and enforceable written agreement subject to the approval of legal counsel. Connie Stump seconded the motion. Motion passed. 6. Discuss about sponsorship agreement with the Greater Anna Chamber of Commerce. Sarah Cox, President of GACC, spoke before the Board and left the meeting. Jessica Perkins gave the Board a hand-out breaking down the sponsorship requests for FY 2011-2012, relating to the events of GACC. The CDC was asked to consider sponsoring the GACC annual events. The breakdown for CDC is as follows: (To be held the last week of Oct.) Glowfest (Fall Festival) $ 5,000 (Halloween activities, Health fair) Christmas Parade $ 1,500 (Breakfast with Santa) Banquet $ 500 (For all business owners) Golf Tournament $ 3,000 Fireworks $ 5,000 (date is penciled in) $15,000 Request for 2011 and 2012 7. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-04-2011 Special CDC Minutes.doc )! 10. Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Not Necessary. Review of bills and fiscal year 2010-11 budget. The bills reviewed were: (1) Wolfe, Tidwell, McCoy, in the amount of $307.66, for the month of April; (2) Terrall and Associates, in the amount of $1,623.23, for May consulting fees; and (3) Payment to the City for Park Maintenance Personnel, in the amount of $19,500, representing payment for the 2nd, 3`d, and 4 t quarters. Consider/Discuss/Action regarding approving the regular meeting minutes from June 2, 2011 and June 30, 2011. (There was no meeting in July.) Jessica Perkins needs to verify the billing month of Wolfe, Tidwell and McCoy's statement, designated as Item 9 in the June 2, 2011 minutes. Otherwise, the minutes were approved as written. The June 30 2011 minutes were approved as written. Gene Bowles made a motion to approve both set of minutes subject to the aforementioned change. Connie Stump seconded the motion. Motion carried. Adjourn. Sherilyn Godfrey made a motion to adjourn the meeting that was seconded by Jason Schilli. Motion carried and the meeting adjourned at 6:32 p.m. APPROVED: Jason Schilli President of CDC ATTESTED: Sherilyn Godfrey Secretary of EDC I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-04-2011 Special CDC Minutes.doc Meeting: SUtember 1, 2011 Budgeted Amount: n/a AGENDA SUBJECT: Adjourn. SUMMARY: n/a Item No. 10 Anna Community Development Corporation Agenda Staff Report STAFF RECOMMENDATION: n/a Staff Contact: Jessica Perkins Exhibits: Yes X No