HomeMy WebLinkAboutCDCpkt2013-11-21G
November 21, 2013
Meeting Packet
t,
AGENDA OF THE SPECIAL MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
November 21, 2093 of 5:00 p.m.'
ANNA CITY HALL ADMINISTRATION BUILDING,
COMMUNITY 111 N. POWELL PKWY., ANNA, TEXAS
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation will conduct a meeting at 5:00 p.m.' on
November 21, 2013, at the Anna City Hall Administration Building, 111 N. Powell
Parkway, to consider the following items:
1, Call to Order. ('GI g
2. Roll Call and Establishment of Quorum.
3. Invocation and Pledge.
4. Public Hearing: To consider public comment on the expenditure of funds for certain
projects (the "Projects"). The Projects will be financed and/or paid from the proceeds of
sales tax revenue and other resources of the Corporation. The Projects shall include:
land and building improvements, equipment purchases, park facilities and
improvements, capital expenditures, targeted infrastructure, site improvements,
promotional expenditures, engineering and/or legal services, administrative
services, and other purposes permitted by law, in order to provide improved community
development and/or to promote new or expanded business enterprises for the benefit of
the public. The costs of the Projects are estimated not to exceed $255,000, including but
not limited to the specific projects or general types of projects set forth in the Anna
Community Development Corporation's 2013-14 fiscal year budget. All interested
persons are invited to attend the public hearing and speak for or against the undertaking of
the proposed Projects.
,�
5. Considermsf-cuss/Action regardin6 passing a resolution approving a professional
service a r e sent w' h the City of Akpga for finan nd accounting services.
IN rALL
6. Consider/Discuss/Action regarding approving a resolution to authorize expending
funds for�rl ddve I ement for DI�I�gazine Technol and January Issue.
7. Consider (i c ss/A on regarding approving the minutes from October '320b.
8. Review Isca year budget.
' 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 972-924-3325 two working days prior to the
meeting so that appropriate arrangements can be made.
9. Adjourn. v%e
This is I: certify that I, Jessica Perkins, Chief Administrative Officer, 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., November 18, 2013.
e sica Perkin , hief Administrative Officer
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 Aa. 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.
DEVELOPMENT
CORPORATION
Meeting: November 21, 2013
Budgeted Amount: n/a
Item No. 4
Anna
Community Development
Corporation Agenda Staff Report
Staff Contact: Jessica Perkins
Exhibits: Yes _X—No
AGENDA SUBJECT: Public Hearing: To consider public comment on the expenditure
of funds for certain projects (the "Projects'). The Projects will be financed and/or paid from the
proceeds of sales tax revenue and other resources of the Corporation. The Projects shall include:
land and building improvements, equipment purchases, park facilities and improvements,
capital expenditures, targeted infrastructure, site improvements, promotional
expenditures, engineering and/or legal services, administrative services, and other
purposes permitted by law, in order to provide improved community development and/or to
promote new or expanded business enterprises for the benefit of the public. The costs of the
Projects are estimated not to exceed $255,000, including but not limited to the specific projects
or general types of projects set forth in the Anna Community Development Corporation's
2013-14 fiscal year budget. All interested persons are invited to attend the public hearing and
speak for or against the undertaking of the proposed Projects.
SUMMARY: State law requires that the CDC give public notice of all projects which
includes expenses it our annual operating budget. This is an opportunity for the public to
comment is they like.
STAFF RECOMMENDATION: n/a no action needed.
Item No. 5
Anna
Community Development
Corporation Agenda Staff Report
Meeting: November 21, 2013 Staff Contact: Jessica Perkins
Budgeted Amount: n/a Exhibits: _X—Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution
approving a professional services agreement with the City of Anna for finance and
accounting services.
SUMMARY: The finances and accounting needs of the Corporation are becoming more
complicated with increased resources and debt. Additionally, the Auditor recommended
that the Corporation take additional measure to have our year-end financial reports match
more closely to the City's accounting and reporting processes.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR CITY OF ANNA EMPLOYEE
FINANCE AND ACCOUNTING SERVICES
WHEREAS, the Anna Community Development Corporation (the "CDC"), has a need
for finance and accounting services; and
WHEREAS, the CDC believes that Finance and Accounting Department of the City of
Anna, Texas is qualified to discharge these duties; and
WHEREAS, the CDC desires to authorize their Chief Administrative Officer to procure
the services of the City's Finance and Accounting Department to undertake the duties
and responsibilities related to finance and accounting;
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. Authorization to Execute Agreement for City Employee Services
The Board of Directors of the Anna Community Development Corporation approves the
Agreement for City Employee Services (Exhibit A) considered this day and authorizes
the CDC President to execute, on its behalf, a contract with the City of Anna for finance
and accounting services at the rate not to exceed $2000.00 per fiscal year without
further CDC approval.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of 2013.
APPROVED:
John Houcek, CDC President
ATTEST:
Sherilyn Godfrey, CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
AGREEMENT FOR CITY EMPLOYEE SERVICES
THIS AGREEMENT FOR CITY EMPLOYEE SERVICES ("Agreement") is made by and
between the Anna Community Development Corporation ("CDC"), and the City of Anna, Texas
("City").
Section 1. Purpose
In exchange for services of City staff to be provided to the CDC, the CDC will pay the City
compensation for the services of a City employee, who shall dedicate reasonable and necessary
time and effort to accomplish the duties and responsibilities of the assigned task to support the
CDC's Chief Administrative Officer.
Section 2. CDC's Obligations
The CDC shall annually pay for services rendered by the City's Finance and Accounting staff
("Finance Department') related to tracking, reporting, and preparing the CDC's monthly and
annual finance statement and audit. On or about the 10th of each month, the CDC will prepare
and submit to the Finance Department details of all expenditures including but not limited to
copies of checks, copies of invoices, purchase orders, bank statements, and other documents
and information that are relevant to the CDC's financial operations. In addition, the CDC will
provide all necessary information related to lease agreements, loan agreements, bond
documents, the sale of assets, etc. prior to the execution of said agreements. All current
agreements entered into prior to the execution of this contract will be provided to the Finance
Department staff within 30 days of execution of this Agreement.
Section 3. City's Obligations
The City agrees to fill or designate a City employee position requiring the requisite skills and
background to sere the City's needs with respect to its economic development finance and
accounting activities. The City shall allocate a portion of the time and effort of the person filling
said position to adequately perform the duties associated with the tracking, reporting, and
preparing of the CDC's monthly and annual finance statements and audit. The management of
and authority over said person is vested solely in the City Manager.
Section 4. Payment Procedure
Within 30 days of the execution of this Agreement by the parties, the CDC shall pay to the City
the annual amount due under this Agreement of $2000.00 (the "Annual Amount") upon receipt
of an invoice from the City. On or near the annual renewal date of this Agreement, the City
shall invoice the CDC for the Annual Amount under this Agreement and the CDC shall pay to
the City the Annual Amount within 30 days of its receipt of the invoice. Payment by the CDC is
not refundable unless the City terminates this Agreement before the end of the annual term, in
which case the City shall refund to the CDC a proportional amount of the paid invoice that
corresponds with the time period between the date of termination of this Agreement and the
end of the City's fiscal year. The dollar figure of the Annual Amount may be adjusted from time
to time by mutual agreement in the form of a written amendment to this Agreement.
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3
Section 5. Term and Termination
The initial term of this Agreement is from the date of execution of the parties until September
30, 2014. This Agreement shall automatically renew on October 1 of each subsequent year,
unless one of the parties provides written notice to the other party on or before June 30 of such
year. Any such termination shall not take effect until 90 days after said written notice has been
provided in accordance with this Agreement.
Section 6. Amendment
This Agreement may not be amended except pursuant to a written instrument signed by both
parties.
Section 7. Notice
To be effective, notice as required by this Agreement shall be in writing and delivered via U.S.
certified mail, return receipt requested, at the addresses listed below:
CDC
CDC Secretary
Anna Economic Development Corp.
111 N. Powell Parkway
Anna, Texas 75409
City
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the mailing -
address information listed in this section.
Section 8. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to either party or either
party's officials, officers, agents or employees 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, including but not
limited to the person designated as Chief Administrative Officer.
Section 9. Entire Agreement
This Agreement represents the entire and integrated Agreement between CDC and the City
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.
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3
Section 10. 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 11. 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.
Section 12. 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.
Section 13. Force Majeure
If a party is prevented or delayed from performing any of its obligation 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.
IN WITNESS WHEREOF, CDC and the City have executed this Agreement.
By:
Philip Sanders
City Manager
City of Anna
Attest:
Natha Wilkison, City Secretary
A
Date:
Attest:
John Houcek
CDC President
City Secretary
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3
I.riri.»_r1raa
Meeting: November 21, 2013
Budgeted Amount: n/a
Item No. 6
Anna
Community Development
Corporation Agenda Staff Report
Staff Contact: Jessica Perkins
Exhibits: X Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution to
authorize expending funds for an advertisement for D Magazine Technology Event and
January Issue.
SUMMARY: We have discussed increasing the marketing efforts of the City through
the corporations. The goal was to find opportunities to push the Anna name out to the
public. We have an opportunity to sponsor D Magazine's Annual Tech Event. The
sponsorship will come with the following for a cost of $7500.
- A Full Page Ad in the Technology D Magazine January Issue
- Logo inclusion on invitations
- Logo on Thank You sign at Event
- List of name of registered attendees
- Raffle give -a -way
- Ten Invitations to attend the Tech Event
- Company mention in the party recap section of the March D CEO Issue
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS TO SPONSOR D
MAGAZINE'S ANNUAL TECH EVENT
WHEREAS, the Anna Community Development Corporation (the "CDC") desires to
authorize the expenditure of funds to sponsor D Magazine's Annual Tech Event in
Dallas, Texas; and
WHEREAS, the CDC has determined that this expenditure of funds is in the best
interests of the CDC's marketing efforts;
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 Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
promotional account in an amount up to $2,000 without further permission from the
CDC Board of Directors.
PASSED AND APPROVED by the Anna COMMUNITY Development Corporation this
day of 2013.
APPROVED:
CDC President, John Houcek
ATTEST:
CDC Secretary, Sherilyn Godfrey
CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
ANNUALTECHNOLOGY
NETWORKING EVENT 2014
PLATINUM SPONSORSHIP
F
• Full-page ad in Technology Issue
• Logo Inclusion on Technology Issue Networking Event invitation
• Logo inclusion on Thank You to Our Sponsors sign located at the event
• Pre -event RSVP list with name and company of registered attendees
Opportunity for creative raffle giveaway at the event (contact information of raffle participants provided after the event)
• Ten event invitations for employees / guests
• Company mention in party recap page in the March issue of D CEO
TOTAL INVESTMENT OF PLATINUM SPONSORSHIP: 7,500
[j]
CORPORATION
Meeting: November 21, 2013
Budgeted Amount: n/a
Item No. 7
Anna
Community Development
Corporation Agenda Staff Report
Staff Contact: Jessica Perkins
Exhibits: _X -Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding approving the minutes from
October 3, 2013.
SUMMARY: n/a
STAFF RECOMMENDATION: Staff recommends you approve the minutes.
'u.
�T
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
COMMUNITY Thursday, October 3, 2013
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00
p.m., on Thursday, October 3, 2013, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order
John Houcek, President, called the meeting to order at 5:02 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
Roll Call and Establishment of Quorum
Directors in attendance: Connie Stump, John Houcek, Sherilyn Godfrey (5:10),
John Beazley and Lee Miller.
Directors in abstention: Alonzo Tutson and Michael Williams.
Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and
Clark McCoy, attorney for EDC.
3. Invocation and Pledge.
Connie Stump gave the invocation and led the group in the Pledge of Allegiance.
4. Consider/Discuss/Action regarding renewing contract with WebQA the
Shop Local program and City Mobile App.
Staff attempted to cancel the agreement with WebQA for the Shop Local
Program and WebQA offered to cut the price in half and add a City Mobile App.
This is a good program at a good price. The City Council needs to review, but a
motion was made to approve the resolution to authorize the expenditure of funds
of $650 to renew the Shop Local Program and add a City Mobile App. John
Beazley made the motion to approve and Lee Miller seconded. All were in favor.
Motion passed.
5. Consider/Discuss/Action regarding the minutes from September 2013.
A motion to approve the minutes, as corrected, was made by Connie Stump and
seconded by Lee Miller. All in favor. Motion passed.
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.
09-12-2013 Regular CDC Minutes.doc
6. Adjourn.
John Beazley made a motion to adjourn the meeting. It was seconded by Connie
Stump Motion passed and the meeting was adjourned at 5:11 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
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 legallyjustified 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.
09-12-2013 Regular CDC Minutes.doc
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: November 21, 2013
Budgeted Amount: n/a
Item No. 8
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Review fiscal year budget.
SUMMARY: n/a
STAFF RECOMMENDATION: n/a
Staff Contact: Jessica Perkins
Exhibits: X Yes No
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