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HomeMy WebLinkAboutCCpkt2014-09-23YfOUR} IiOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP September 23, 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., September 23, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding East Fork Circle paving. (City Manager) 4. Briefing/Discussion regarding improvements to US 75. (City Manager) 5. Briefing/Discussion regarding improvements to wastewater treatment plant. (City Manager) 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council 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 City Secretary at 972 924- 3325 rivo working days prior to the meeting so that appropriate arrangements can be made. 09-23-14 CC Workshop Meeting Agenda.doc Posted 09-19-14 ��4 to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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 ); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update; City Manager Annual Review; Boards and Comm 1ssions.(Tex. Gov't Code, 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, 7. Consider/Discuss/Action on any items listed on posted agenda for September 23 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 8. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, 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., September 19, 2014. Natha Wilkison, City Secretary I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council 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 City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-23-14 CC Workshop Meeting Agenda.doc 2 Posted 09-19-14 i Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 23, 2014 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 9-17�14 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding East Fork Circle paving. (City Manager) SUMMARY: RECOMMENDATION: Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Y(OIIIt} AOMETOWIV Council Meeting: September 23, 2014 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 9-17�14 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding improvements to US 75. (City Manager) SUMMARY: RECOMMENDATION: Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17�14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding improvements to wastewater treatment plant. (City Manager) SUMMARY: RECOMMENDATION: CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign4n as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting, NAME ADDRESS CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING September 239 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., September 23, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Courncil Meeting. Please sign the Sign -In -Sheet as a reco�°d of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council 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 City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-23-14 CC Regular Meeting Agenda.doc 1 Posted 09-1944 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by laiv. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve September 2, 2014 City Council Special Minutes. b. Approve September 9, 2014 City Council Regular Minutes. c. Approve Resolution regarding "Glowfest" Special Event Permit.(Maurice Schwanke) d. Approve Resolution regarding Disc Golf Tournament Special Event Permit. (Maurice Schwanlce) e. Approving a Resolution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Economic Development Corporation. (Jessica Perkins) f. Approving a Resolution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Community Development Corporation. (Jessica Perkins) g. Approve a Resolution regarding amendments to the Anna Economic Development Corporations bylaws. (Jessica Perkins) h. Approve a Resolution regarding amendments to the Anna Community Development Corporation bylaws. (Jessica Perkins) 6. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creels. (City Attorney) 7. (a) Public Hearing: For City Council to hear public comment regarding "SASM" Investment Addition" Final Plat. (Maurice Schwanlce) (b) Consider/Discuss/Action regarding "SASM" Investment Addition" Final Plat. (Maurice Schwanlce) 8. Consider/Discuss/Action regarding an Ordinance adopting Road hnpact Fees. (Maurice Schwanlce) 9. Cons 1 der/Di scuss/Action regarding a Resolution approving an Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Services. (Chief Jenks) 10. Consider/Discuss/Action regarding a Resolution approving a pay classification plan. (City Manager) 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning auy 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 City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-23-14 CC Regular Meeting Agenda.doc 2 Posted 09-19-14 a. consult with legal counsel regarding pending or contemplated litigation and/or 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); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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); proposed residential and retail developments; d, discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Commissions.(Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on posted agenda for September 235 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. Adjourn. This is to certify that I, Natha Willcison, City Secretary, 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. September 19, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council 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 City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-23-14 CC Regular Meeting Agenda.doc 3 Posted 09-19-14 ■ YiOUR} HOMETOWN Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Call to order. Item No, 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17a14 Exhibits: ❑Yes ❑ No Y�OUA};;OMRTOWN Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: I:1 Item No. 2 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 9-17-14 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. YiOUR} IIOMSTOWN Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17�14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information In response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: YiOUR} FFOMF.TOWN Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Y(OUR'r HOMETOWN Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount:, Item No. 5 La - h City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17-14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or 'housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve September 2, 2014 City Council Special Minutes. b. Approve September 9, 2014 City Council Regular Minutes. c. Approve Resolution regarding "Glowfest" Special Event Permit.(Maurice Schwanke) d. Approve Resolution regarding Disc Golf Tournament Special Event Permit. (Maurice Schwanke) e. Approving a Resolution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Economic Development Corporation.(Jessica Perkins) £ Approving a Reso;ution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Community Development Corporation.(Jessica Perkins) g. Approve a Resolution regarding bylaw amendments to the Anna Economic Development Corporations bylaws. (Jessica Perkins) h. Approve a Resolution regarding bylaw amendments to the Anna Community Development Corporation bylaws. (Jessica Perkins) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING September 2, 2014 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Special Session at 6:30 p.m., September 2, 2014, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozmcil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you ivish to speak on an opensession agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem Chad Barnes called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem Chad Barnes and Council Member James T. Cook, Lauren Lovato, John Beazley, Nathan Bryan and Dick Dowd were present. Mayor Mike Crist was absent. 3. Invocation and Pledge of Allegiance. Mayor Pro Tem Chad Barnes gave the invocation. 4. Public Hearing: For City Council to hear public comment on the proposed 201445 tax rate. (Clayton Fulton) Clayton Fulton Director of Finance presented the item to council. Mayor Pro Tem Barnes opened the public hearing at 6:33 pm. There was no public comment. Mayor Pro Tern Barnes closed the public hearing at 6:33 pm. 5. Consider/Discuss/Action regarding a resolution approving the purchase of Police department vehicles. (Clayton Fulton) Clayton Fulton Director of Finance presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Lovato seconded the motion. Motion passes. RIVEAVAM AYE 6 ABSTAIN 0 6. Consider/Discuss/Action regarding a resolution setting a public hearing under Sec. 372-009 of the Texas Local Government Code on the advisability of establishing a public improvement district to finance certain public improvements within the City of Anna, Texas; and authorizes the issuance of notice by the City Secretary of the City of Anna, Texas regarding the public hearing. (City Attorney) 09-2-14 CC Special Meeting Minutes.doc 1 09-02-14 Philip Sanders, City Manager presented the item to council and answered questions. Council Member Beazley made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council did not enter closed session. 7. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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 55 1.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code §551.072); land for public improvements; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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); proposed residential and retail developments The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8. Adjourn. Council Member Beazley made the motion to adjourn at 6:40 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 1 ABSTAIN 0 09-2-14 CC Special Meeting Minutes.doc 2 09-02-14 ATTEST: APPROVED: Natha Wilkison, City Secretary Chad Barnes, Mayor Pro Tern 09-2-14 CC Special Meeting Minutes.doc 3 09-02-14 MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP September 99 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., September 9, 2014 at the Anna City Hall Administration Building, located at I I I N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Pro Tem Chad Barnes called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem Chad Barnes and Council Members James T. Cook, Lauren Lovato and Dick Dowd were present. Council Member John Beazley arrived at 6:37 pm. Mayor Mike Crist and Council Member Nathan Bryan were absent. 3. Briefing/Discussion regarding possible annexation of land. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Dowd made the motion to enter closed session at 6:46 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions. a. consult with legal counsel regarding pending or contemplated litigation and/o�• 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 5� 51.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial 09-09-14 CC Workshop Meeting Minutes.doc 1 09-09-14 information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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 proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update; City Manager Annual Review; Boards and Commissions.(Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Cook made the motion to return to open session at 7:28 pm. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 5. Consider/Discuss/Action on any items listed on posted agenda for September 9 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Dowd made the motion to take no action. Mayor Pro Tem Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Dowd made the motion to adjourn at 7:29 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Chad Barnes, Mayor Pro Tem 09-09-14 CC Workshop Meeting Minutes.doc 2 09-09-14 09-09-14 CC Workshop Meeting Minutes.doc 3 09-09-14 MINUTES OF CITY OF A AGENDA NOTICE — CITY COUNCIL REGULAR MEETING September 9, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., September 9, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcorrre to the City Council Meeting. Please sign the Sign -In -Sheet as a recor°d of attendance. If you ivish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem Chad Barnes called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Chad Barnes gave the invocation. 3. Citizen comments. Citizens m•e allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought tip during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. There was no public comment. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest irrcluidea expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City Manager Philip Sanders announced that the Anna Police Department and Anna Police Department will be commemorating 911 Event, Thursday, September 11, 2014 at 7:00 am at the Flag pole at Slayter Creek Park, 5. Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council 09-09-14 CC Regular Meeting Minutes.doc 1 09-09-14 member making such request prior• to a motion and vote on the Consent Items. a. Approve August 269 2014 City Council Regular Minutes. b. Review P & Z Minutes of July 14, 2014. c. Approve "Balsamo Addition" Development Plat. (Maurice Schwanke) d. Approve a Transparency application and pledge. (Clayton Fulton) Council Member Beazley made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding adopting an Ordinance approving and adopting the proposed City of Ann Fiscal Year 2014-2015 Budget for the City of Anna, Texas. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. AYE 5 NAY 0 7. Consider/Discuss/Action regarding adopting and Ordinance setting the ad valorem tax rate per $100 valuation for 2014 tax year at $0.649 for the City of Anna, Texas. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Council Member Dowd made the motion to approve. Mayor Pro Tem Barnes seconded the motion. Motion passes. AYE 4 NAY 1 (CM Cook) ABSTAIN 0 8. Consider/Discuss/Action regarding a Resolution to ratify the property tax revenue increase reflected in the City of Anna FY 2015 Budget and acknowledge that the 2014 tax year ad valorem tax rate will raise more revenue from property taxes that the previous year. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Mayor Pro Tem Barnes made the motion to approve. Council Member Beazley seconded the motion. Motion passes. AYE 4 NAY 1 (CM Cook) ABSTAIN 0 9. Public Hearing: City Council will hear public comment on proposed Impact Fees. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. The City's Consulting Engineer prepared the Capital Improvement 09-09-14 CC Regular Meeting Minuteadoc 2 09-09-14 Plan. A representative presented the Capital Improvements Plan and answerd questions. Mayor Pro Tern Barnes opened the public hearing at 7:58 pm. There was no public comment. Mayor Pro Tem Barnes closed the public hearing at 7*58 pm. 10. Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acretract of land located in the Grandison Stark Survey, Abstract No. 798. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Lovato made the motion to approve. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council did not enter closed session at this time. 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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)9 b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss o►• deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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 55 1.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Commissions.(Tex. Gov't Code, 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 09-09-14 CC Regular Meeting Minutes.doc 3 09-09-14 12. Consider/Discuss/Action on any items listed on posted agenda for September 9, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Dowd made the motion to take no action. Council Member Lovato seconded the item. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. Adjourn. Council Member Dowd made the motion to adjourn at 8:02 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Chad Barnes, Mayor Pro Tem 09-09-14 CC Regular Meeting Minutes.doc 4 09-09-14 Council Meeting: September 23.2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: Permit. N/A Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 09/18/14 Exhibits: ■Yes ❑ No Approve a Resolution regarding "Glow Fest" Special Event SUMMARY: The annual Glow Fest is scheduled for Saturday, October 25th at Slayter Creels Park and is sponsored by the Greater Anna Chamber of Commerce. The event will include a children's area with bounce houses, trick/or treat candies, games, live music with stage, vendors and Hot air balloons. PARK BOARD RECOMMENDATION: The Park Board recommended approval of the proposed event unanimously at their meeting on August 18, 2014. RECOMMENDED ACTION: Approval of event and Resolution of Agreement subject to obtaining appropriated insurances. Item No. City Secretary's use only CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR SPECIAL FALL EVENT "GLOW FEST" AT SLAYTER CREEK PARK WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct a community event known as "Glow Fest" at Slayter Creek Park on Saturday, October 25th; and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this 23rd day of September, 2014. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist Item No. City Secretary's use only AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event ("Agreement") is made by and between the City of Anna ("City"), and the Greater Anna Chamber of Commerce ("GACC") entered into on this 23rd day of September 2014. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, the City enters into this Agreement with GACC for use of Public Park Property for the Anna Glow Fest. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna, Texas. Anna Glow Fest shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on October 25t", 2014. Public Park Property shall mean the pavilion, parking lot and surrounding property of Slayter Creek Park, and the Slayter Creek Trail system. Special Event means any event that operates wholly or partially within the incorporated City limit's and may require the use of or assistance from any department or employee of the City, or the use of any City property. Section 3. General Requirements Item No. City Secretary's use only 3.01 Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit A. The Council authorizes the Special Event, subject to the following restrictions: Parking Restrictions: All parking for the event will be conducted parking. Parking is to be prohibited on all areas directly adjoining roadways, etc.). combination thereof, must be utilized to k way. on premises designed or adapted for public rights of way (shoulders, grass Event staff, signage, barricades, or a eep patrons from parking in rights of If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on Park Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on Park property. At the discretion of the Director of Public Works Motor vehicles may be allowed on some turf areas to deliver equipment but must be immediately removed when the delivery is complete. The City may prohibit any vehicle or trailer from driving on turf areas if in the opinion of the Director of Public Works the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Public Works, all motor vehicles are expressly prohibited from driving on or crossing the concrete walking trails. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to park property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Public Works. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and will pay for any additional actual costs incurred by the City of Anna in reviewing such application that exceeds said amount. Item No. City Secretary's use only Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Anna Glow Fest and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Anna Glow Fest, Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Anna Glow Fest (the "Work"), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the City 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 City 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 of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Section 7. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover 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 Anna Glow Fest, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this contract and shall not relieve the GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way Item No. City Secretary's use only prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City's Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Item No. City Secretary's use only Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Natha Wilkison, City of Anna City Secretary 111 N. Powell Parkway Anna, Texas 75409 GACC Connie Christensen, GACC President 807 Interurban Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City 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 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City 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 12. 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 13. 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 Item No. City Secretary's use only force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. 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 15. 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 16. 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 City. Section 17. 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, City and GACC have executed this Agreement. By: Connie Christensen Philip Sanders Greater Anna Chamber of Commerce City Manager 1 l a l PlatULung and Develapment Dept, 101 N. Powell Pkwy Anna, TX 75409 97M24-3325 Type of Evennt, ❑Carnival ❑Circus Mestival ❑Parade ❑Tent ❑Other Applicat lei Address: (� City:State: Zip Code: Phone# Email• Date: 9 ote: Applications must be filed at least 30 days in advance, Application Fee $50(non-refundable)..Deposit $300 refundable ❑ Same Information As Above if not the same, complete the next two lines Issue Deposit Refinnd To: Address: City: State: Zip Code Dates of Activity: ` Reservation Time Block: gm Type of Acti it (explain pur ose of acti Estimated Number of People Attending Activity.' Reservation Location: St03, y Will Food and/or Bevera es b on -site for the activity? KYes ❑ No Will Alcohol be served or sold? ❑ Yes No if yes, include request letter If yes, please indicate who the vendors are (food and drinks): U)CA. Please identify all other activities & structures (bounce hoikse, tents, music sports, games etc): `'x rf Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect, I do solemnly swear (or C1 I ) That air the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part Il, Article 47 and have reap the provisions contained therein and agree to abide by them. Applicant Na Signature:d1 Date: Submittal Requirements: 1. Completed application with signatures and contact information. 2, Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City of Anna) 3. Map of Event area. I. List of food and beverage vendors and/or copy of current license from vendor. 56 Statement of Intent to obtain Insurance and/or Proof of Insurance. (A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. Dafe A lication & De osit Receivedv300 ; ,n /5" Date A lication Fee Received $50 : � tr, Received By: _ «s > Received BY: Cash o Chec 04 5 " Cash or Check # Receipt M 5 3 Receipt #: Required Documents Rec'd: Il Completed Application ❑ Insurance ❑ Food Vendor List O Sound System 0 Map O Alcohol Request (optional) ❑ Other: _ ❑ Other: ❑ Approved by: ElPermit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank) and notify Applicant. i Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount:, AGENDA SUBJECT: Special Event Permit, n Item No. 5(d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlse Date Prepared: 09/18/14 Exhibits: ■Yes ❑ No Approve a Resolution regarding "Disc Golf Tournament" SUMMARY: The City has received a special event permit application for the request to sponsor a "Disc Golf Tournament", submitted from Ms. Greta Adams, representative for the Anna Education Foundation. The location for the event would be held at the Disc Golf Course located at Slayter Creels, however, the date for the event is November 1. The Anna ISD Education Foundation would like to make this an annual event. PARK BOARD RECOMMENDATION: The Parls Board recommended approval of the proposed event unanimously at their meeting on September 15, 2014. The date requested (from application) approved by the Parks Board is November 1, 2014. RECOMMENDED ACTION: Approval of the Resolution regarding Special Event Permit. CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE ANNA EDUCATION FOUNDATION FOR A SPECIAL EVENT PERMIT TO SPONSOR A FUNDRAISER DISC GOLF TOURNAMENT ON SATURDAY, NOVEMBER 1, 2014 STARTING AT SLAYTER CREEK PARK. WHEREAS, the Anna Education Foundation has submitted a Special Event Permit application to conduct a Disc Golf Tournament event on Saturday, November 1, 2014 located at Slayter Creels Park: and: WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposed as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this 23rd day of September 23, 2014 ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Milce Crist EXHIBIT 1 AGREEMENT This Agreement (this "Agreement") is made by and between the City of Anna, Texas ( City"), Anna Education Foundation and is entered into on this 23 d day of September, 2014. Section 1. Summary The Anna Education Foundation will be conducting a Disc Golf Tournament event on Saturday, November 1, 2014 located at Slayter Creek, in accordance with the provisions of this Agreement. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. Anna Education Foundation shall mean the Anna Education Foundation. Section 3. General Requirements The Fundraiser Disc Golf Tournament will be located at the Disc Golf Course and facilities located at Slayter Creek Park. Anna Education Foundation will provide at a minimum an insurance policy of $1,000,000 naming the City as an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one week before the event start date. All building codes shall be adhered to. Any violation of the terms and conditions of this Permit may result in the immediate revocation of this Permit and the imposition of fines as allowed under Ord. No. 601-2012. Anna Education Foundation as the organizer of this Event, you and all invited guests are required to observe the Noise Regulations outlined in Part II, Article 29, Section 1 (Noise Regulations) of the Anna City Code of Ordinances. Section 4. Licenses and Permits Anna Education Foundation shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the events and to fulfill this Agreement. Anna Education Foundation must comply with all federal and state laws, and local ordinances while organizing and participating in the event. Section 5. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the Anna Education Foundation relating in any way to the Anna Education Foundation undertaking, promoting, operating, and performance of any other activity related to the Disc Golf Tournament event including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the Disc Golf Tournament event. There shall be no joint control over the Anna Education Foundation event agrees to fully defend, indemnify and hold harmless the City fiom 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 Anna Education Foundation event. The indemnification includes, but is not Iunited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, Fundraiser Disc Golf Tournament waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. It is expressly understood and agreed that any participation in the presentation of or conducting of the Fundraiser Disc Golf Tournament event by any City Official or City employee is not authorized by the City and shall not be authorized by the City, unless such authorization is by written agreement, duly adopted by the City. THE FUNDRAISER DISC GOLF TOURNAMENT DLl'ITES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE FUNDRAISER DISC GOLF TOURNAMENT EVENT IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE, THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Section 6. Insurance Fundraiser Disc Golf Tournament event shall procure and maintain for the duration of the contact insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the presentation of or conducting of the Fundraiser Disc Golf Tournament event or in any way related to the Anna Education Foundation undertakings performed In connection with the Fundraiser Disc Golf Tournament event, including but not limited to coverage for Anna Education Foundation, its agents, representatives, employees, subcontactors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the responsibility of the Anna Education Foundation to maintain adequate insurance coverage at all times, and to require that each contactor, vendor, or other participant in the Disc Golf Tournament event does likewise. Failure of the Anna Education Foundation to maintain adequate coverage shall not relieve the Anna Education Foundation of any contactual responsibility or obligation. Each policy shall name the City as an additional insured and 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 City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed by Anna Education Foundation with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement becomes effective, and the Anna Education Foundation is encouraged to discuss the limits and types of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the potential that the City or Fire Marshal rejects same as insufficient. Section 7. Amendment This Agreement may not be amended except pursuant to a written inshument signed by both parties. Section 8. Notice Notice as required by this Agreement shall be in vv�•iting delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Philip Sanders, City Manager City of Anna l II N. Powell Parkway Anna, Texas 75409 Anna Athletic Booster Club Greta Adams 501 S Sherley Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 9. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement 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 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and the Anna Education Foundation and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fundraiser Disc Golf Tournament event. Section 11. 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. Section 12. 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 conhary to the law, or conhary 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 13. 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 14. Force Majeure If a party is prevented or delayed firm per�'ormu�g any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such parry's reasonable control, then such parry's perfonmance 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 refirse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terns and conditions for collection of those excess amounts. Section 15. Assignment It is understood and agreed that Anna Education Foundation shall not assign, sublet, or hansfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 16. 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, or as specified herein. SIGNATURES: Anna Education Foundation By: Greta Adams, Representative City of Anna, Texas Philip Sanders, City Manager PARK RESERVATION APPLICATION Platniing &Development Department 101 N. Powell PkxNry Alma, TX 75409 97M24-3325 ext. 208 CITY OF ANNA, TEXAS 11MAMORMS 11MM911• r a Codef P• _I ' i / d have radd the attached rules and to • • (Required) regulations concerning the use of the Park and agree to adhere • •Signature Date of Activity: (v (419(W FPS+ Reservation Time Block: 0 8:00AM � 1:OOPM 1:OOPM — 6:00PM 17 ❑ B:OOAM �11:OOPM (All Da 6:OOPM-11:OOPM Type of Activity (explain purpose of activity): jSC, C';:Jo oa rlj &,JL� Estimated Number of People Attending Activity: Reservation Location: El Slay -ter Creek Park ❑ Natural Springs Park ❑ Geer Park ❑ Bryant Park ❑ Girls Softball Park Will Food and/or Beverages be on -site for the activity? 12f Yes ❑ No 4 If yes, please indicate how food will be prepared: ❑ brought from home ❑ 9 delivered ❑ catered grilled on site Ple se identify all other activities & structures (bounce house, tents, music, spoils, games, etc): ' DrS For Office Use Only Date Application & Deposit Received: Date Rental Fee Received: Received B Received B ; Required Deposit Amount; Required Rental Amount Cash or Check # Cash or Clieck # Recei t #: Receipt #: Required Documents Rec'd: ❑ Bounce House ❑ Other: Insurance CI Caterer's Approval ❑ Sound System Approved ❑ Other: ❑ Approved by: ❑Permit Issued — Date: Page 1 of 3 Item No. 5 Lei City Secretary's use only r City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: September 23, 2014 Staff Contact: Jessica Perkins Account Code #. 6735 Budgeted Amount. $19,500 Exhibits: X Yes ❑ No CONSENT AGENDA SUBJECT: Approving a Resolution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Economic Development Corporation. SUMMARY: The EDC and CDC have historically supported the annual events of the GACC. For the past three years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet, Golf Tournament, and July 4th Celebration. A couple years ago the corporations decided to change up the funding to better match the strategies of each corporation. The EDC Corporation has previously funded the GACC at $19,500 per year. The breakdown of sponsorship being requested by the EDC per event is below: Glow Fest — $7500 Annual Banquet July 41h Fireworks - $7000 This past year the GACC gathered the following information at each event: Glow Fest — 4000 attendees Annual Banquet — 235 attendees July 41h Fireworks — 2000 attendees The EDC has approved the FY 2014-2015 agreement with the Chamber that is attached for your review. STAFF RECOMMENDATION: Staff recommends you approve the agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATIONS' 2014- 2015 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. WHEREAS, the Anna EDC have historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna EDC has entered into a fiscal year agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the annual agreements have allowed for better planning and budgeting by the Anna EDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreements The City Council of the City of Anna hereby approves the AGREEMENT FOR SPONSORSHIP COMMITMENT FOR THE 2014-2015 FISCAL YEAR between the ::DC and the GACC attached hereto as EXHIBIT 1, incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna this day of . 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2014-2015 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Economic Development Corporation ("EDC"), and the Greater Ahnna Chamber of Co merce, Inc. ("GACC") and entered into on this � day of 20. Section 1. Summary During the EDC's 2014-2015 fiscal year, the EDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the EDC 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 EDC 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) EDC shall mean the Anna Economic 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 EDC 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 EDC 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 EDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 20144015 PAGE 1 OF 8 (1) the EDC shall be named as a Sponsor of the GACC event, that the EDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the EDC 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 EDC a letter of intent prior to each event and prior to the payment to GACC of any EDC 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 EDC. The letter of intent for any given event may set forth a different amount requested to be paid by the EDC 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 EDC, 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 EDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the EDC as: The City of Anna Economic 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 EDC anticipate EDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: 4.01 Glowfest 2014 Name/Purpose: G/owfest 2094, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2014-2015 PAGE 2 OF $ Date, Time, Location of Event: All Day on Saturday, October 25, 2014 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide letter of intent to EDC: Monday, September 22, 2014 Estimated Compensation amount: $7,500.00 Due Dafe of Payment: Monday, October' 13, 2014 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on pre -event banners; EDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmarl: Requirements: GACC will provide approximate headcount of attendees' as well geographic locations from where attendees reside. 4.02 ?_O�a• /annual Banquet Name/Purpose: 20�5 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: S:OOpm — 11:OOpm Saturday, February 28, 2015, Anna High School in Anna, TX Deadline for GACC to provide letter of intent to EDC: Monday, January 27, 2015 Estimated Compensation amount: $5,000.00 Due Date of Payment: Monday, February 1G, 2015 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at thMe; banquet; full -page advertisement placed on back of program; advertisement during event including signage and in PowerPoint presentation Promotional Benchmark Requirements 4.03 Anna Fireworks Event GACC will provide list of attendees Name/Purpose: 2095 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 8pm —Conclusion of Fireworks, Saturday, July 4, 2015 at Slater Creek Parl< and Anna ISD Football Stadium Deadline for GACC to provide letter of intent to EDC: Monday, June 1, 2015 Estimated Compensation amount: $7,000.00 Due Date of Payment: Monday, June 15, 2015 AGREEMENT FOR SPONSORSFiiP COMMITMENT FOR 2014-2015 PAGE 3 OF 8 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on pre -event banners; EDC 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 EDC agrees to pay the GACC the total amount of compensation of ($19,500) during the EDC's fiscal year 2014-2015, subject to the conditions set forth in this Agreement. Before the EDC 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 EDC 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 EDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($19,500) amount of compensation shall be made in three separate payments with the amount of each payment being determined by the EDC 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 EDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the EDC 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 ($19,500) during the EDC's 2014-2015 fiscal year. The GACC shall provide the EDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and aq 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 EDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 20142015 PAGE 4 OF 8 the GA Cs undertaking of any of its events (the %Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the EDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the EDC 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 EDC 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 EDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of the contract 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 EDC 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 EDC. A copy of each policy, or at the EDC's discretion, a certificate of insurance, shall be filed with the EDC 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 EDC 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 2014-2015 PAGE 5 OF 8 (c) the failure of GACC to provide the EDC with all Sponsorship Benefits enumerated in this Agreement for each event; (a) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the EDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the EDC'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 EDC that can be cured by the immediate payment of money to GACC, EDC 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 EDC of an occurrence of such Event A Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide EDC with the Sponsorship Benefits, the default may be cured by refunding EDC'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 EDC 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 EDC shall be entitled to a full refund of any amounts paid by the EDC 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 #erminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENY FOR 20142015 PAGE 6 OF 8 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: EDC EDC President Anna Economic 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 EDC 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 EDC 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 lega{ 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 2Q14-2015 PAGE 7 OF 8 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 parry'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 EDC. Section 20. Effective Dafie 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, EDC and GACC have executed this Agreement. By: C nie Christ onstance Stump Greater Anna Chamber of Commerce EDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2014-2015 PAGE 8 OF 8 Item No. 5 f City Secretary's use only City of Anna City Council Agenda Staff Report CITY OF ANNA, TEXAS Council Meeting: Sept. 23, 2014 Staff Contact: Jessica Perkins Account Code #: 6735 Budgeted Amount: $20,500 Exhibits: X Yes ❑ No CONSENT AGENDA SUBJECT: Approving a Resolution regarding Annual Sponsorship with Greater Anna Chamber of Commerce and Anna Community Development Corporation. SUMMARY: The EDC and CDC have historically supported the annual events of the GACC. For the past several years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. The GACC hosts 5 annual events a year: Glow Fest, Christmas Parade, Awards Banquet, Golf Tournament, and July 4t" Celebration. A couple years ago the corporations decided to change up the funding to better match the strategies of each corporation. The CDC Corporation has previously funded the GACC at $20,500 per year. The breakdown of sponsorship being requested by the CDC per event is below. Glow Fest — $7500 Christmas Parade — $2500 Annual Banquet — $500 Golf Tournament — $3000 July 4t" Fireworks - $7000 This past year the GACC gathered the following information at each event: Glow Fest — 4000 attendees Christmas Parade — 33 parade participant groups Annual Banquet — 235 attendees Golf Tournament — 18 teams July 4t" Fireworks — 2000 attendees The CDC has approved the FY 2014-2015 agreement with the Chamber that is attached for your review. STAFF RECOMMENDATION: Staff recommends you approve the agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATIONS' 2014=2015 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. WHEREAS, the Anna CDC have historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna CDC has entered into a fiscal year agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the annual agreements have allowed for better planning and budgeting by the Anna CDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreements The City Council of the City of Anna hereby approves the AGREEMENT FOR SPONSORSHIP COMMITMENT FOR THE 2014-2015 FISCAL YEAR between the CDC and the GACC attached hereto as EXHIBIT 1, incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna this day of 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary City Council of ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2014-2015 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and thgh Greater Anna Chamber of C mmerce, Inc. ("GACC") and entered into on this day of , 20. Section 1. Summary During the CDC's 2014-2015 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 designationI 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 2014-2015 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 2014 Name/Purpose: Glowfest 2014, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2014-2015 PAGE 2 OF 9 Date, Time, Location of Event: All Day on Saturday, October 25, 2014 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide letter of intent to CDC: Monday, September 22, 2014 Estimated Compensation amount: $7,500.00 Due Date of Payment: Monday, October 13, 2014 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 Benchrnarl< Requirements: GACC will provide approximate headcount of attendees' and geographic locations where attendees reside. 4.02 2094 Chrisfmas Parade and Winter Wor�derfes� Name/Purpose: 20'l4 Christmas Parade and Winter Wonderfest -Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 13, 2014, parade route Deadline for GACC to provide letter of intent to CDC: Monday, November 10, 2014 Estimated Compensation amount: �2,500.00 Due Dafie of Payment: Monday, November 24, 2014 Sponsorship Obligations of GA((' 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: GACC will provide a count or list of float participation. 4.03 2015 Annual Banquet Name/Purpose: 2095 Annual Bangcret -Awards and appreciation banquet as well as a promotional event for current and prospective businesses in our community. Date, Time, Location of Event: S:OOpm — 'I 1:00pm Saturday, February 28, 2015, Anna High School in Anna, TX Deadline for GACC to provide letter of intent to CDC: Monday, January 26, 2015 Estimated Compensation amount: $500.00 AGREM=MGRfT f=OR SPONSORSHIP COMMITMENT f'O� 209�-2015 PAGE 3 OF 9 Due Date of Payment: Ivionday, February 16, 2015 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 .04r• 20`i5 Gdl To�rg�ar�en'i Name/Purpose: 2015 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 20, 2015, Hurricane Creek Country Club Deadline for GACC to provide leifer of intent to CDC: Monday, March 16, 2015 Estimated Compensation amount: �3,000.OU Due Date of Payment: Monday, March 30, 2015 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on postcard distributed throughout Anna, Van Alstyne, Melissa, Sherman 8: McKinney, Recognition as Title Sponsor in Program and on signage the clay of the event, opportunity to display promotional material, signage placed on various holes Promotional Benclimarl: Requirements �?•.OJ Ac�na Firewoo•!cs i=von`c GACC will provide a list of players Name/Purpose: 2015 Anna Firera�orks Event, Community Festival Date, Time, Location of Event: S:OOpm —Conclusion of Fireworks, Saturday, July 4, 2015 at Slater Creel< Parl< and Anna ISD Football Stadium Deadline for GACC to provide letter of intent to CDC: Monday, June 8, 2015 Estimated Compensation amount: $7,000.00 Due Date of Payment: Monday, June 15, 2015 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 AGREEhAEf�T' FOR SPONSORS{-({h COMNII i NIENT FOR T.0�42095 ('AGE � OF 9 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 ($20,500) during the CDC's fiscal year 2014-2015, 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 ($20,500) 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 $20,500 during the CDC's 2014-2015 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 far 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 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 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 20142015 PAGE 5 OF 9 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 tI e 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; (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; AGREEMENT FOR SPONSORSHIP COMMITMENT FOR Z014-2015 PAGE 6 OF 8 (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 ful! 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 2014-2015 PAGE 7 OF 9 (? O 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 2014-2016 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 parry'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. By: Greater Anna Chamber of Commerce John Houcek CDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 20142015 PAGE 9 OF 9 CITY OF ANNA, TEXAS Council Meeting: September 23, 2014 Account Code #. n/a Budgeted Amount: n/a Item No. 5 T City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: �t Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding bylaw amendments to the Anna Economic Development Corporations bylaws. SUMMARY: The bylaws for the EDC have not been amended since 2011. The board desires to amend the bylaws to allow for an appointed volunteer to serve in the capacity of Secretary. Additionally, several items were removed and replaced with a reference to the City's Ethics Code, as amended. This change to reference the City's Ethics Code will keep the bylaws up-to-date as well as allow issues that are in conflict with the Ethics Code to be addressed more efficiently with better applicability. STAFF RECOMMENDATION: Staff recommends you approve the by-law change. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS AS APPROVED AND ADOPTED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION ON SEPTEMBER 4, 2014 WHEREAS, the City Council of the City of Anna, Texas ("the City Council") recognizes that on September 4, 2014 the Anna Economic Development Corporation ("EDC") passed a resolution adopting amendments to the Anna Economic Development Corporation Bylaws; and WHEREAS, the City Council has determined that said Bylaws should be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. EDC Bylaws approved. The City Council hereby approves the Anna Economic Development Corporation Bylaws as amended by the EDC on September 4, 2014 and as attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna this day of 2014 APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS These Bylaws ("Bylaws") govern the affairs of the Anna Economic Development Corporation, a public instrumentality and a non-profit corporation (hereinafter referred to as the "Corporation") created under Section 4A of the Development Corporation Act of1979, Article 5190.E of the Revised Civil Statutes of Texas, as amended or recodified (hereinafter referred to as the "Act). ARTICLE I. PURPOSE AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered office of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Economic Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated for the purposes set forth in Article IV of its Certificate of Formation, the same to be accomplished on behalf of the City of Anna, Texas (the "City') as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979,Article 5190.6, Tex. Rev. Civ, Stat. Ann., as amended or recodified (the "Act), and other applicable laws. Section 4. Powers. In the fulfillment of its corporation purpose, the Corporation shall be governed by Section 4A of the Act, and shall have all of the powers set forth and conferred in its Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed thereof and hereof. ARTICLE II. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 1 of 15 (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Certificate of Formation and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by and serve at the pleasure of the City Council (the "Council") of the City. Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual resi ien+ of the Gi+„ residing within Collin County and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years; appointment to Places 2. 4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that a position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, and 5 shall be made in odd numbered years; appointment to Places 2 and 4 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. Any dire Gter may be re wed- frn ff eno by the Ge unGil at will (e) Subject to Art. III, Section 5.A., the majority vote of the Board of Directors shall have the power to hire and/or appoint officers of the corporation. In the absence of the officers, the Chairman of the EDC will act as President of the Corporation, Vice - Chairman will act as Vice -President, the Chief Financial Officer (CFO) will act as the Treasurer and the Secretary will act as the Corporate Secretary, Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (Anna City Hall) as specified in Article V of these Bylaws. Section 3. Notice of Meetings. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 2 of 15 (a) Regular meetings shall be held monthly at a date and time determined by the Board by resolution. Special Meetings of the Board shall be held whenever called by the President, by a majority of the directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 6 hereafter. (b) The Chief Administrative Officer shall give notice to each director of each meeting at least seventy-two (72) hours before the meeting. A notice of a meeting posted in compliance with the Open Meetings Act shall be deemed satisfactory notice of such meeting to the directors. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a meeting, subject to compliance with the Open Meetings Act. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (c) Whenever a notice other than a notice of a meeting is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed, postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Section 4. Vacancies. The Board may make recommendations for the filling of vacancies to City Council. Any vacancy occurring in the Board of Directors will be filled by appointment of the City Council, Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551, Texas Government Code. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the official business of the Corporation. The act ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 3 of 15 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 these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. 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 rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board but, in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. Section 9. Committees of the Board. There may be standing committees of the Board as the Board from time to time create. Each such committee shall be composed of no more than two (2) Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. The Board may delegate to any such authority as the Board deems necessary or desirable, provided that such delegation is specified in written resolution duly adopted by the Board. Anything to the contrary contained herein notwithstanding, all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. Section 11. Ex-Officio Members. dissussiea-The Mayor and City Manager, or their designees, or other person or entity designated by the Board, may attend all meetings of the Board or committees including, executive, private or public, but shall not have the power to vote in the meetings. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 4 of 15 Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law. the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided, as provided by Article-V III, Section 8 of these Bylaws. ARTICLE III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President a Secretary, a Treasurer, a Chief Administrative Officer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board and shall: (a) preside over all meetings of the Board; (b) shall have the right to vote on all matters coming before the Board; (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required; ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 5 of 15 (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board; and (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -stated duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments 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. In general, the President shall 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. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the President during that officer's absence or inability to act. Any action taken by the Vice President in the performance of duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. Section 4. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5. Secretary. The Secretary, or other person or entity designated by the Board, shall keep the minutes of all meetings of the Board and shall file a copy of all minutes at City Hall, shall give and serve all notices, may sign with the President in the name of the Corporation, and/or attest the signature thereto, all contacts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments, except the papers as the Board may direct, all of which shall be at all reasonable times be open to public inspection upon application at the office of the Corporation during regular business hours, and shall in general perform all duties incident to the office of Secretary subject to the control of the Board. Section 5.A. Chief Administrative Officer. The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 6 of 15 Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services. Section 8. Contract for Service. (a) The Corporation may, with approval of the City Council, 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. However, 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 in discharging the duties hereinabove set forth in this Section. (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. ARTICLE IV. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. (a) The Board shall research, develop, prepare, and submit to the Council for its approval, an economic development plan for the City, which shall include proposed methods and the expected costs of implementation. The plan shall include both short and long term goals for the economic development of the City, proposed methods for the elimination of unemployment and underemployment, the promotion of employment, through the expansion and development of a sound industrial, manufacturing and retail base within the City. (b) The Board shall review and update the annual work plan each year prior to submission of the annual budget required by other provisions of these Bylaws. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 7 of 15 Section 2. Annual Corporation Budget. At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget and submitted to the Council. The budget shall not be effective until the same has been approved by the Council. Section 3. Books, Records, 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) At the direction of the Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City. In such event, the Corporation shall pay to the City reasonable compensation for such services. (c) The Corporation, or the City if the option described in subsection (b) is selected, 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 City. Such audit shall be at the expense of the Corporation. Audit copies are to be flied with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. Any member of the City Council, Mayor, Director or Officer of the Corporation may inspect and receive copies of all books and records of the Corporation. Section 4. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("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 issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established in the City Investment Policy and shall be deposited, secured and/or invested in the manner provided for the deposit, security and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes. The accounts, reconciliation and investment of such funds and accounts will be performed by the Finance Department of the City. The Corporation shall pay reasonable compensation for such services to the City. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 8 of 15 Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to Section 4A of 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. (1) 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 sale and delivery of the Obligations to the purchasers thereof required by Section (6) of this Article. (2) 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. (3) All expenditures shall be specifically described in a resolution or order of the Board, and shall be made only after the approval thereof by the City Council, unless the City Council exempts certain classifications of expenditures from this requirement by Ordinance. (4) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article. (b) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 6. Issuance of Obligations. No Obligations, including refunding obligations, shall be sold and delivered by the Corporation unless the Council shall approve such Obligations by action taken no more than sixty (60) days prior to the date of sale of the Obligations. Section 7. Limitations on Expenditures. The Corporation shall spend no more than ten percent (10%) of Corporate revenues for promotional purposes and may contract with others to carry out industrial development programs consistent with the purposes and duties as set out in these Bylaws and as set out in the Act. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 9 of 15 Section 8. Contributions. The Board of directors may accept on behalf of the Corporation any contribution, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Special funds shall include all funds from government contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Section 9. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by at least two of the following officers: the President, the City Manager, or the Chief Administrative Officer. (b) Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that do not exceed $50,000. All purchases between $5,000 $50,000 shall require at least three written bids/estimates and all purchases from $500 to $5000 shall require at least three verbal estimates if the purchase is not from a sole -source vendor. All purchases above $500 will be approved by the Corporation board. Purchases less than $500 can be approved by the Chief Administrative Officer. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer and are subject to the per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 10 of 15 and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. ARTICLE V. MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office of the Corporation shall be located at the Anna City Hall Administration Building as specified in the Article of Incorporation, or until a physical location office is secured by EDC. (b) The Corporation shall have and shall continually designate a registered agent at its registered 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. Seal. The seal of the Corporation shall be determined by the Board. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time be specified, at the time of its receipt by the President, Secretary, or Chief Administrative Officer. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 11 of 15 Council, such approvalI or advice and consent, shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the Council. Section 6. Services of City Staff and Officers. Subject to approval from the City Manager of the City, the Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and the Finance Department of the City, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act, Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorney's fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. Indemnification and other protections provided by this Section do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. Section 8. Corporation May Provide Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was a Director, officer, member, employee or agent of the Corporation to insure such person against any liability asserted against said person by reason of such person being or having been a Director, officer, member, employee or agent of the Corporation. The premiums for such insurance shall be paid by the Corporation. ftwwl� a ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 12 of 15 AWN in OWN ME UWE ft� in now on Wall An MP Na 0 in m AN AN w AN AN ANNUAL W WAN in AN in in mows N a" am AL III AN a AN a a III III Nil III All III III dm%r�� iiiiiijll:lliiiilliilllillillillillillillilililillllllI '10Mdatim ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 13 of 15 Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.62" + 1.11" Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.62" + 1.11" Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.53" + 1.07" Formatted: p32, Tab stops: 1.5", Left Formatted: p321 Tab stops: 1.5", Left + Not at 0.53" + 1.07" Formatted: p32, Tab stops: 1.5", Left ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 13 of 15 Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.62" + 1.11" Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.62" + 1.11" Formatted: p32, Tab stops: 1.5", Left Formatted: p32, Tab stops: 1.5", Left + Not at 0.53" + 1.07" Formatted: p32, Tab stops: 1.5", Left Formatted: p321 Tab stops: 1.5", Left + Not at 0.53" + 1.07" Formatted: p32, Tab stops: 1.5", Left WW WEVAIMME Section 9a-3. Legal Construction. If any Bylaw provision 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 104. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Cfty's Code of Ethics, as amended. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. Formatted: Normal, Indent: First line: 0" ARTICLE VI. EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the adoption of these Bylaws by the Board; and (2) the approval of these Bylaws by the Council. Section 2. Amendments to Certificate of Formation and Bylaws. The Certificate of Formation of the Corporation and these Bylaws may be amended only in the manner provided in the Certificate of Formation and the Act The Bylaws may be amended, altered or repealed by an affirmative vote of three Board members but such amendment, alteration or repeal shall not be effective until approved by a majority vote of the entire Council. Section 3. Dissolution of the Corporation. The Corporation is anon -profit corporation. Upon dissolution, all of the Corporation's assets shall be distributed to the City of Anna. APPROVED AND ADOPTED by the Anna Economic Development Corporation by passage of Resolution No. on the day of , 2014�. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 14 of 15 ANNA EDC PRESIDENT ATTEST: ANNA EDC SECRETARY ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 15 of 15 ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS These Bylaws ("Bylaws") govern the affairs of the Anna Economic Development Corporation, a public instrumentality and a non-profit corporation (hereinafter referred to as the "Corporation") created under Section 4A of the Development Corporation Act of1979, Article 5190.6 of the Revised Civil Statutes of Texas, as amended or recodifled (hereinafter referred to as the "Act). ARTICLE I. PURPOSE AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered offrce of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Economic Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated for the purposes set forth in Article IV of its Certificate of Formation, the same to be accomplished on behalf A the City of Anna, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979,Article 5190.6, Tex. Rev. Civ. Stat. Ann., as amended or recodified (the "Act), and other applicable laws. Section 4. Powers. In the fulfillment of its corporation purpose, the Corporation shall be governed by Section 4A of the Act, and shall have all of the powers set forth and conferred in its Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed thereof and hereof. ARTICLE 11. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 1 of 14 (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Certificate of Formation and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by and serve at the pleasure of the City Council (the "Council") of the City. Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual resident of the City and the Corporation's registered office must be within the boundaries of the City. (c} All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years; appointment to Places 2.4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that a position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, and 5 shall be made in odd numbered years; appointment to Places 2 and 4 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to Ill a vacancy are effective immediately upon appointment by the City Council. (d) Any director may be removed from office by the Counci! at will. (e) Subject to Art. III, Section S.A., the majority vote of the Board of Directors shall have the power to hire and/or appoint officers of the corporation. In thluck oqu"cIu of the officers, the Chairman of the EDC will act as President of the Corporation, Vice - Chairman will act as Vice -President, the Chief Financial Officer (CFO) will act as the Treasurer and the Secretary will act as the Corporate Secretary. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (Anna City Hall) as specified in Article V of these Bylaws. Section 3. Notice of Meetings. (a) Regular meetings shall be held monthly at a date and time determined by the Board by resolution. Special Meetings of the Board shall be held whenever called by ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 2 of 14 the President, by a majority of the directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 6 hereafter. (b) The Chief Administrative Officer shall give notice to each director of each meeting at least seventy-two (72) hours before the meeting. A notice of a meeting posted in compliance with the Open Meetings Act shall be deemed satisfactory notice of such meeting to the directors. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a meeting, subject to compliance with the Open Meetings Act. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (c) Whenever a notice other than a notice of a meeting is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed, postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Section 4. Vacancies. The Board may make recommendations for the filling of vacancies to City Council. Any vacancy occurring in the Board of Directors will be filled by appointment of the City Council. Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551, Texas Government Code. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the 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 these Bylaws. Solely for an agenda item with which one or ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 3 of 14 more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. 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 rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board but, in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. Section 9. Committees of the Board. There may be standing committees of the Board as the Board from time to time create. Each such committee shall be composed of no more than two (2) Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. The Board may delegate to any such authority as the Board deems necessary or desirable, provided that such delegation is specified in written resolution duly adopted by the Board. Anything to the contrary contained herein notwithstanding, all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. Section 11. Ex-Officio Members. The Mayor and City Manager or their designee may attend all meetings of the Board of Directors or Committees, including executive, private or public. The representative shall not have the power to vote in the meetings attended; however, said representative shall have the right to take part in any discussion. ARTICLE III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President a Secretary, a Treasurer, a Chief Administrative Officer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 4 of 14 office, except that the President shall not hold the office of Secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. W) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (%0 A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board and shall: (a) preside over all meetings of the Board; (b) shall have the right to vote on all matters coming before the Board; (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required; (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board; and (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -stated duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments 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. In general, the President shall 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. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the President during that officer's absence or inability to act. Any action taken by the Vice President in the performance of duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. Section 4. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 5 of 14 of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5. Secretary. The Secretary shall keep the minutes of all meetings of the Board and shall file a copy of all minutes at City Hall, shall give and serve all notices, may sign with the President in the name of the Corporation, and/or attest the signature thereto, all contacts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments, except the papers as the Board may direct, all A which shall be at all reasonable times be open to public inspection upon application at the office of the Corporation during regular business hours, and shall in general perform all duties incident to the office of Secretary subject to the control of the Board. Section 5.A. Chief Administrative Officer. The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services. Section 8. Contract for Service. (a) The Corporation may, with approval of the City Council, 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. However, 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 in discharging the duties hereinabove set forth in this Section. (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 6 of 14 (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. ARTICLE IV. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. (a) The Board shall research, develop, prepare, and submit to the Council for its approval, an economic development plan for the City, which shall include proposed methods and the expected costs of implementation. The plan shall include both short and long term goals for the economic development of the City, proposed methods for the elimination of unemployment and underemployment, the promotion of employment, through the expansion and development of a sound industrial, manufacturing and retail base within the City. (b) The Board shall review and update the annual work plan each year prior to submission of the annual budget required by other provisions of these Bylaws. Section 2. Annual Corporation Budget. At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget and submitted to the Council. The budget shall not be effective until the same has been approved by the Council. Section 3. Books, Records, 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) At the direction of the Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City. In such event, the Corporation shall pay to the City reasonable compensation for such services. (c) The Corporation, or the City if the option described in subsection (b) is selected, 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 City. Such audit shall be at the expense of the Corporation. Audit copies are to be filed with the City. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 7 of 14 (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. Any member of the City Council, Mayor, Director or Officer of the Corporation may inspect and receive copies of all books and records of the Corporation. Section 4. Deposit and Investment of Corporate Funds. (a) Ail proceeds from the issuance of bonds, notes or other debt instruments ("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 issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established in the City Investment Policy and shall be deposited, secured and/or invested in the manner provided for the deposit, security and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes. The accounts, reconciliation and investment A such funds and accounts will be performed by the Finance Department of the City. The Corporation shall pay reasonable compensation for such services to the City. Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to Section 4A of 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. (1) 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 sale and delivery of the Obligations to the purchasers thereof required by Section (6) of this Article. {2) 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. (3) All expenditures shall be specifically described in a resolution or order of the Board, and shall be made only after the approval thereof by the City Council, unless the City Council exempts certain classifications of expenditures from this requirement by Ordinance. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 8 of 14 (4) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article. (b) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 6. Issuance of Obligations. No Obligations, including refunding obligations, shall be sold and delivered by the Corporation unless the Council shall approve such Obligations by action taken no more than sixty (60) days prior to the date A sale of the Obligations. Section 7. Limitations on Expenditures. The Corporation shall spend no more than ten percent (10%) of Corporate revenues for promotional purposes and may contract with others to carry out industrial development programs consistent with the purposes and duties as set out in these Bylaws and as set out in the Act. Section $. Contributions. The Board of directors may accept on behalf of the Corporation any contribution, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Special funds shall include all funds from government contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Section 9. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by at least two of the following officers: the President, the City Manager, or the Chief Administrative Officer. (b) Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that Jo not exceed $50,000, All purchases between $5,000 $50,000 shall require at least three written bids/estimates and all purchases from $500 to $5000 shall require at least three verbal estimates if the purchase is not from a sole -source vendor. All purchases above $500 will be approved by the Corporation board. Purchases less than $500 can be approved by the Chief Administrative Officer. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 9 of 14 notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer and are subject to the per diem rates of the 11. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 10 of 14 ARTICLE V. MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office of the Corporation shall be located at the Anna City Hall Administration Building as specified in the Article of Incorporation, or until a physical location office is secured by EDC. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. Section 2. Fisca! Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 3. Seal. The seal of the Corporation shall be determined by the Board. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time be specified, at the time of its receipt by the President ,Secretary, or Chief Administrative Officer. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such approval, or advice and consent, shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the Council. Section 6. Services of City Staff and Officers. Subject to approval from the City Manager of the City, the Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and the Finance Department of the City, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act, Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorney's fees, incurred by any of such persons by reason of any actions or ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 41 of 14 omissions that may arise out of the functions and activities of the Corporation. Indemnification and other protections provided by this Section do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. Section 8. Corporation May Provide Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was a Director, officer, member, employee or agent of the Corporation to insure such person against any liability asserted against said person by reason of such person being or having been a Director, officer, member, employee or agent of the Corporation. The premiums for such insurance shall be paid by the Corporation. Section 9. Parliamentary Authority. Robert's Rules of Order, Newly Revised, shall be the parliamentary authority for all matters of procedure not specifically covered by the Bylaws or any specific rules of procedure adopted by the Board. In the event of a conflict between Robert's Rules of Order and these Bylaws; the provisions of these Bylaws shall prevail. Section 10. Conflicts of Interest. The Corporation shall not make a loan to a Director or Officer of the Corporation. No officer or employee of the Corporation shall have a financial interest, direct or indirect, in any contract with the Corporation, to the extent prohibited by Chapter 171 of the Texas Local Government Code, or shall be financially interested, directly or indirectly, in the sale to the Corporation of any land, materials, supplies, or service where such financial interest is prohibited by state law. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his or her office or position. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the Corporation shall render the contract involved voidable by the Council. Section 11. Nepotism. No person related within the second degree by affinity, or the third degree by consanguinity to any member of the Board or any officer of the Corporation shall be appointed to any paid office, position, clerkship, or other position of service to the Corporation. Section 12. Prohibited Acts. As long as the Corporation is in existence, no Director, Officer or Committee Member of the Corporation shall: (a) Do any act in violation of these Bylaws or a binding obligation of the Corporation; (b) Do any act with the intention of harming the Corporation or any if its operations; ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 12 of 14 "� (c) Do any act that would make it impossible or unnecessarily difficult to carry on the intended or ordinary business of the Corporation; (d) Receive an Illegal personal or business benefit from the operation of the Corporation; (e) Use the assets of the Corporation, directly or indirectly, for any purpose other than carrying on the business of the Corporation; (f) Wrongfully transfer or dispose of Corporation property, including intangible property such as good will; (g) Use the name of the Corporation (or any substantially similar name). or any trademark or trade name adopted by the Corporation, except on behalf of the Corporation in the ordinary course of the Corporation's business; (h) Disclose any of the Corporation's privileged business information, trade secrets, or other confidential information to any persons not authorized to receive such information; or (i) Commit Corporation funds without the prior approval of the Board of Directors. Further, the Corporation shall not have the power to own or operate any project as a business other than as lessor, seller, or lender pursuant to the requirements of any trust agreement securing the credit transaction. Accordingly, the user pursuant to any lease, sale or loan agreement relating to a project shall be considered to be the owner of the project for the purposes of the application of any ad valorem, sales and use taxes and any other taxes levied or imposed by the state or any political subdivision of this state. The purchase and holding of mortgages, deeds of trust, or other security interests and contracting for any servicing thereof shall not be deemed an operation of a project. Section 13. Legal Construction. If any Bylaw provision 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 14. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Code of Ethics. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 13 of 14 the Corporation and an independent contractor from that of independent corporation to employee. ARTICLE VI. EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the adoption of these Bylaws by the Board; and (2) the approval of these Bylaws by the Council. Section 2. Amendments to Certificate of Formation and Bylaws. The Certificate of Formation of the Corporation and these Bylaws may be amended only in the manner provided in the Certificate of Formation and the Act The Bylaws may be amended, altered or repealed by an affirmative vote of three Board members but such amendment, alteration or repeal shall not be effective until approved by a majority vote of the entire Council. Section 3. Dissolution of the Corporation. The Corporation is anon -profit corporation. Upon dissolution, all of the Corporation's assets shall be distributed to the City of Anna. APPROVED AND ADOPTED by the Anna Economic Development Corporation by passage of Resolution No. cat. on the day of �) G(y , 2011. A' ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 14 of 14 Item No. 5 UIJ City Secretary's use only City of Anna City Council Agenda Staff Report CITY OP ANNA, TEXAS Council Meeting: September 23, 2014 Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: X Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding bylaw amendments to the Anna Community Development Corporations bylaws. SUMMARY: The bylaws for the CDC have not been amended since 2011. The board desires to amend the bylaws to allow for an appointed volunteer to serve in the capacity of Secretary. Additionally, several items were removed and replaced with a reference to the City's Ethics Code, as amended. This change to reference the City's Ethics Code will keep the bylaws up-to-date as well as allow issues that are in conflict with the Ethics Code to be addressed more efficiently with better applicability. STAFF RECOMMENDATION: Staff recommends you approve the by-law change. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS AS APPROVED AND ADOPTED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION ON SEPTEMBER 4, 2014 WHEREAS, the City Council of the City of Anna, Texas ("the City Council") recognizes that on September 4, 2014 the Anna Community Development Corporation ("CDC") passed a resolution adopting amendments to the Anna Community Development Corporation Bylaws; and WHEREAS, the City Council has determined that said Bylaws should be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. CDC Bylaws approved. The City Council hereby approves the Anna Community Development Corporation Bylaws as amended by the CDC on September 4, 2014 and as attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna this day of . 2014 APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS These Bylaws govern the affairs of the Anna Community Development Corporation (hereinafter referred to as the "Corporation"), a public instrumentality and a non-profit corporation created under Section 4B of the Development Corporation Act of 1979, Article 5190.E of the Revised Civil Statutes of Texas, as amended and recodified (hereinafter referred to as the "Act"). Article I. PURPOSES AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered office of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Community Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated as anon -profit corporation for the purpose set forth in the Certificate, the same to be accomplished on behalf of the City as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act of 1979, Article 5190.6, Section 4B. Tex, Rev, Civ. Stat. Ann., as amended and recodified, (the "Act"), other applicable laws, and appropriate resolution adopted by the City Council of the City on the 27th day of May, 2003, including all permissible projects prescribed by the Act, and for maintenance and operating costs of publicly owned and operated projects. Further, the Corporation shall be anon -profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 1 of 14 Section 4. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 4B of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Article II. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Certificate of Formation, and by these Bylaws. The Board shall exercise all of 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 Anna, Texas (the "Council"). Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual oxide..+ „++ho ��+„residing within Collin County and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 31 5, and 7 shall be made in odd numbered years, appointment to Places 2. 4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council.. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. Section 2. Vacancies and Resignations. (a) A vacancy in any position of Director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled as prescribed in Article II, Section 1. A vacancy in the office of President, Vice President, Treasurer, Secretary, or Chief Administrative Officer that occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by election of the Board. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 2 of 14 (b) Any Director may resign at any time. Such resignation shall be made in writing, addressed to the City Manager, the Chief Administrative office and/or the City Secretary, and shall take effect at the time specified therein, or if no time is specified therein, at the time of its receipt by the City Secretary. Section 3. Meetings of Directors. The Directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (City Hall) as specified in Article I of these Bylaws. Section 4. Notice of Meetings. (a) Regular monthly meetings of the Board shall be held with the necessity of written notice to the Directors at such times and places as shall be designated from time to time by the Board, provided, however, that a meeting need not be held during any given month if there is no business before the Board to necessitate a meeting. Special Meetings of the Board shall be held whenever called by the President, by a majority of the Directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the City Council. Nothing contained in this Section 4 shall vitiate the notice requirements contained in Section 6 of this article. (b) Any member of the Board, officers of the Corporation, or City Manager may have an item placed on the agenda by delivering the same in writing to the Chief Administrative Officer no less than seven calendar days prior to the date of the Board meeting, subject to any additional rules that the Board may adopt by resolution. (c) Attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted on nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (d) The Board shall hold its regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to time determine, and in conformance with the Texas Open Meetings Act, ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 3 of 14 Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act Chapter 551, Texas Government Code. Notwithstanding any other provision of these Bylaws, notice of a Board meeting in compliance with the Open Meetings Act is deemed to satisfy any requirement to provide a Director with notice of a Board meeting. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the 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 these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. 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 rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of procedure for the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 4 of 14 person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meeting and shall cause such official minutes to be recorded in books kept for the purpose in the principal office of the Corporation. Section 9. Committees of the Board. There may be purely advisory standing committees of the Board as the Board from time to time creates. Each such advisory committee shall be composed of no more than two Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. It is provided, however, that all final official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transaction of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. - - - ■ Section 11. Conflict of Interest. In the event that a Director is aware that he/she has a conflict of interest or potential conflict of interest, with regard to any particular matter or vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law, the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 5 of 14 of such services so provided, as provided by A#lsle �-Article III. Section �7 of these Bylaws. Article III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary, a Treasurer, a Chief Administrative Officer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the Directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board with the following authority: (a) shall preside over all meetings of the Board. (b) shall have the right to vote on all matters coming before the Board. (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required. (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board. (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -mentioned duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments 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. In general, the President shall perform all duties incident to the office and such other duties as shall be prescribed from time to time by the Board. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 14 Section 3. Vice President. The Vice President shall exercise the powers of the President during that officer's absence or inability to act. The Vice President shall also perform other duties as from time to time may be assigned by the President of the Board. Section 4. Secretary. The Secretary, or other person or entity designated by the Board, shall keep, or cause to be kept, at the registered office, a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City, and same is to be given in accordance with the provisions of these Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other applicable law. The Secretary shall sign, along with the President of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved. Section 5. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5.A. Chief Administrative Officer The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Contract for Service. (a) The Corporation may, with approval of the City Council, 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. However, no such contract shall ever be approved ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 14 or entered into which seeks or attempts to divest the Board of its discretion and policy -making functions in discharging the duties hereinabove set forth in this Section. (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. Article IV. EX-OFFICIO MEMBERS Section 1. Ex-Officio Members. The Mayor and City Manager, or their designees, may attend all meetings of the Board or committees, including executive, private or public, but shall not have the power to vote in the meetings. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. Article V. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Annual Corporation Budget. At least 60 days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget and submitted to the City Council. The budget shall not be effective until the same has been approved by the City Council, Section 2. Books, Records, 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. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 8 of 14 t Formatted: Justified (b) At the direction of the City Council, the, books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City Manager or the City Manager's designee. (c) 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 City. Such audit shall be at the expense of the Corporation. Audit copies are to be filed with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code, as amended. Any member of the City Council, Mayor, City Manager, or Director or officer of the Corporation may inspect and receive copies of all books, and records of the Corporation. Section 3. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("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 issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established by City policy or by the City Manager and shall be deposited, secured and/or invested in the manner provided for the deposit, security and for investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes of the Corporation upon the signature of its President and the Secretary and such other persons as the Board shall designate. The accounts, reconciliation and investment of such funds and accounts will be performed by the Corporation. Section 4. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, the proceeds from the investment of the funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (1) expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council; (2) expenditures that may be made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 14 the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act; and (3) all other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in contracts meeting the requirements of this Article, as approved by the City Council. (b) No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation without the approval of the City Council. (c) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 5. Contracts. As provided in Section 4 above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may, by appropriate resolution, authorize any other officer(s) or any other agent(s) to enter into a contract or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. Section 6. Fiscal Year. The fiscal year of the Corporation shall begin on October 1 and end on September 30 of the following year. Section 7. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by at least two of the following officers: the President, the City Manager, or the Chief Administrative Officer. (b) Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 10 of 14 contracts that do not exceed $501000. All purchases between $57000 $50,000 shall require at least three written bids/estimates if the purchase is not from a sole -source vendor. All purchases between $500 and $5,000 will be approved by the Corporation board. Purchases less than $500 can be approved by the Corporation President and the Chief Administrative Officer without approval of the Corporation board, but a reasonable effort will be made to seek approval from the board first. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer and are subject to per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 11 of 14 Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. Section 8. Contributions. The Board may accept on behalf of the Corporation any contributions, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Funds that may be used for special purposes shall include all funds from government grants or contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Article VI. MISCELLANEOUS PROVISIONS Section 1. Seal. The Board may obtain a corporate seal which bears the words "Corporate Seal of the Anna Community Development Corporation" and the Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. Section 2. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be evidenced by an approved motion, resolution or ordinance passed by the City Council and reflected in the minutes of the City Council, Section 3. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law against any and all liability or expense, including attorney fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. This indemnity shall apply even if one or more of those to be indemnified was negligent or caused or contributed to cause any loss, claim, action or suit. Specifically, it is the intent of these Bylaws and the Corporation to require the Corporation to indemnify those named for indemnification, even for ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 12 of 14 the consequences of the negligence of those to be indemnifiedI which caused or contributed to cause any liability. Indemnification and other protections provided by this subsection do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. (c) The Corporation must purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person in any such capacity or arising out of such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. Section 4. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Code of Ethics, as amended. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. Section 5. Legal Construction. If anv Bylaw provision is held to be invalid, Illegal or � Formatted: Heading 1, Indent: First line: 0", Tab stops: Not unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect at I"+ I.s any other provision and the Bylaws shall be construed as if the invalid, illegal or unenforceable provision had not been included in the Bylaws. Article VII. EFFECTIVE DATE, AMENDMENTS Section 1 Ses�iet�& Amendments to Bylaws. These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four of the authorized Directors serving on the Board, subject to the approval of the City Council. The City Council may amend these Bylaws at any time. Such amendments made by the City Council will be duly passed and adopted by approved motion, resolution or ordinance duly reflected in the minutes of the City Council and, thereafter, duly noted to the Board. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 13 of 14 Formatted: Title Formatted: No bullets or numbering Sestie►19 Section 2. Dissolution of the Corporation. Upon dissolution of the Corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City. ce^•..���^ '". Section 3. Effective Date. These Bylaws, having been adopted by resolution of the Corporation on the day of- , shall be effective upon approval by the City Council, APPROVED AND ADOPTED by the Anna Community Development Corporation by resolution on the day of 2014�. ANNA CDC PRESIDENT ATTEST: ANNA CDC SECRETARY ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 14 of 14 Formatted: No bullets or numbering Formatted: Indent: Left: 0.81", No bullets or numbering These Bylaws govern the affairs of the Anna Community Development Corporation (hereinafter referred to as the "Corporation"), a public instrumentality and a non-profit corporation created under Section 4B of the Development Corporation Act of 1979, Article 5190.6 of the Revised Civil Statutes of Texas, as amended and recodified (hereinafter referred to as the "Act"). Article I. PURPOSES AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered ofi'tce of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Community Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the S#ate of Texas shall be located in the City oI Anna, Texas (the "City") and It may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated as anon -profit corporation for the purpose set forth in the Certificate, the same to be accomplished on behalf of the City as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act of 1979, Article 5190.6. Section 4B. Tex, Rev. Civ. Stat. Ann., as amended and recodified, (the "Act"), other applicable laws, and appropriate resolution adopted by the City Council of the City on the 27th day of May, 2003, including all permissible projects prescribed by the Act, and for maintenance and operating costs of publicly owned and operated projects. Further, the Corporation shall be anon -profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 1 of 14 Section 4. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 4B of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Certificate of Formation, and by these Bylaws. The Board shall exercise all of 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 Anna, Texas (the "Council"). Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual resident of the City and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 31 5, and 7 shall be made in odd numbered years, appointment to Places 2.4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council.. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. Section 2. Vacancies and Resignations. (a) A vacancy in any position of Director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled as prescribed in Article II, Section 1. A vacancy in the office of President, Vice President, Treasurer, Secretary, or Chief Administrative Officer that occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by election of the Board. ANNA COMMUNITY DEVELOPMENT CORPORATION BYI..AW5 Page 2 of 14 (b) Any Director may resign at any time. Such resignation shall be made in writing, addressed to the City Manager, the Chief Administrative office and/or the City Secretary, and shall take effect at the time specified therein, or if no time is specified therein, at the time of its receipt by the City Secretary. Section 3. Meetings of Directors. The Directors may hold their meetings at such place or places in the City as the Board may from time to time determine, provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (City Hall) as specified in Article I of these Bylaws. Section 4. Notice of Meetings. (a) Regular monthly meetings of the Board shall be held with the necessity of written notice to the Directors at such times and places as shall be designated from time to time by the Board, provided, however, that a meeting need not be held during any given month if there is no business before the Board to necessitate a meeting. Special Meetings of the Board shall be held whenever called by the President, by a majority of the Directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the City Council. Nothing contained in this Section 4 shall vitiate the notice requirements contained in Section 6 of this article. (b) Any member of the Board, officers of the Corporation, or City Manager may have an item placed on the agenda by delivering the same in writing to the Chief Administrative Officer no less than seven calendar days prior to the date of the Board meeting, subject to any additional rules that the Board may adopt by resolution. (c) Attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted on nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (d) The Board shall hold its regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to #ime determine, and in conformance with the Texas Open Meetings Act. Section 5. Board Attendance. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 3 of 14 Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act Chapter 551, Texas Government Code. Notwithstanding any other provision of these Bylaws, notice of a Board meeting in compliance with the Open Meetings Act is deemed to satisfy any requirement to provide a Director with notice of a Board meeting. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct A the 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 these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. 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 rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of procedure for the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding ofhcer may appoint any person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meeting and shall cause such official minutes to be recorded in books kept for the purpose in the principal office of the Corporation. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 4 of 14 Section 9. Committees of the Board. There may be purely advisory standing committees of the Board as the Board from time to time creates. Each such advisory committee shall be composed of no more than two Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. It is provided, however, that all final official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transaction of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. The Directors, including but not limited to the President, Vice President, Treasurer and Secretary shall not receive any salary or compensation for their services. Section 11. Conflict of Interest. In the event that a Director is aware that he/she has a conflict of interest or potential conflict of interest, with regard to any particular matter or vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law, the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided, as provided by Article V, Section 8 of these Bylaws. Article lll. OFFICERS ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page S of 14 Section I. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary, a Treasurer, a Chief Administrative Officer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one year with the right of an officer to be reelected. (b) A!I officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the Directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board with the following authority: (a) shall preside over all meetings of the Board. (b) shall have the right to vote on all matters coming before the Board. (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required. (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board. (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -mentioned duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments 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. In general, the President shall 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. The Vice President shall exercise the powers of the President during that officer's absence or inability to act. The Vice President shall also perform other duties as from time to time may be assigned by the President of the Board. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Pape 6 of 14 Section 4. Secretary. The Secretary shall keep, or cause to be kept, at the registered office, a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City, and same is to be given in accordance with the provisions of these Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other applicable law. The Secretary shall sign, along with the President of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved. Section 5. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section S.A. Chief Administrative Officer The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Contract for Service. (a) The Corporation may, with approval of the City Council, 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. However, 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 in discharging the duties hereinabove set forth in this Section. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 14 (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services, (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council, Article IV. EX-OFFICIO MEMBERS Section 1. Ex-Officio Members. The Mayor and City Manager, or their designees, may attend all meetings of the Board or committees, including executive, private or public, but shall not have the power to vote in the meetings. Their attendance shall be for the purpose of insuring that information about the meetings is accurately communicated to the City Council as may be appropriate and necessary. Article V. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Annual Corporation Budget. At least 60 days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget and submitted to the City Council. The budget shall not be effective until the same has been approved by the City Council. Section 2. Books, Records, 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) At the direction of the City Council, the, books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City Manager or the City Manager's designee. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 8 of 14 (c) 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 City. Such audit shall be at the expense of the Corporation. Audit copies are to be filed with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code, as amended. Any member of the City Council, Mayor, City Manager, or Director or officer of the Corporation may inspect and receive copies of all books, and records of the Corporation. Section 3. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("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 issuance. (b} Alt other monies of the Corporation shall be handled pursuant to the guidelines established by City policy or by the City Manager and shall be deposited, secured and/or invested in the manner provided for the deposit, security and for investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes of the Corporation upon the signature of its President and the Secretary and such other persons as the Board shall designate. The accounts, reconciliation and investment of such funds and accounts will be performed by the Corporation. Section 4. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, the proceeds from the investment of the funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations. (1) expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council; (2) expenditures that maybe made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act; and (3) all other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 14 contracts meeting the requirements of this Article, as approved by the City Council. (b) No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation without the approval of the City Council. (c) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 5. Contracts. As provided in Section 4 above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may, by appropriate resolution, authorize any other officer(s) or any other agent(s) to enter into a contract or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. Section 6. Fiscal Year. The fiscal year of the Corporation shall begin on October 1 and end on September 30 of the following year. Section 7. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by at least two of the following officers: the President, the City Manager, or the Chief Administrative Officer. (b) Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that do not exceed $50,000. All purchases between $5,000 $50,000 shall require at least three written bids/estimates if the purchase is not from a sole -source vendor. All purchases between $500 and $5,000 will be approved by the Corporation board. Purchases less than $500 can be approved by the Corporation President and the Chief Administrative Officer ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 10 of 14 without approval of the Corporation board, but a reasonable effortwill be made to seek approval from the board first. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer and are subject to per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropria#e, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 11 of 14 Section a. Contributions. The Board may accept on behalf of the Corporation any contributions, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Funds that may be used for special purposes shall include all funds from government grants or contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Article VI. MISCELtJ�►NEOUS PROVISIONS Section 1. Seal. The Board may obtain a corporate seal which bears the words "Corporate Seal of the Anna Community Development Corporation" and the Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. Section 2. Approval or Advice and Consent of the Clty Council. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be evidenced by an approved motion, resolution or ordinance passed by the City Council and reflected in the minutes of the City Council, Section 3. Indemnification of Directors, Officers and Employees, (a) As provided in the Act and in the Certificate, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b} The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law against any and all liability or expense, including attorney fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. This indemnity shall apply even if one or more of those to be indemnified was negligent or caused or contributed to cause any loss, claim, action or suit. Specifically, it is the intent of these Bylaws and the Corporation to require the Corporation to indemnify those named for indemnification, even for the consequences of the negligence of those to be indemnified, which caused or contributed to cause any liability. Indemnification and other protections provided by this subsection do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 12 of 14 (c) The Corporation must purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person in any such capacity or arising out of such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. Section 4. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Code of Ethics. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. Section 5. Amendments to Bylaws. These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four of the authorized Directors serving on the Board, subject to the approval of the City Council. The City Council may amend these Bylaws at any time. Such amendments made by the City Council will be duly passed and adopted by approved motion, resolution or ordinance duly reflected in the minutes of the City Council and, thereafter, duly noted to the Board. Section 6. Dissolution of the Corporation. Upon dissolution of the Corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City. Section 7. Applicability of City Charter, Policies and Procedures. The City Charter and all duly approved city policies and procedures shall apply directly to the Corporation and the Board unless such charter, policies or procedures are superseded by state law or not related to the functions of the Board. The Board has the prerogative, subject to approval by the City Council, to adopt other policies and procedures in addition to or in place of those of the City. Section 8. Effective Date. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 13 of 14 These Bylaws, having been adopted by resolution of the Corporation on the day of- )Uite 36, -.0/I , shall be effective upon approval by the City Council, APPROVED AND ADOPTED�y the Anna Community Development Corporation by resolutiog,,on the ! day of L(j&,eo, , 20110 ATTEST: ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 14 of 14 Y{OUR} iIOMETOWN Council Meeting: September 23, 2014 Account Code #: Budgeted Amount: Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: X Yes ❑ No AGENDA SUBJECT: Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creels. (City Council) SUMMARY: The City received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located in the city limits north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits (the "Property"). The Petition requests that the City create a public improvement district ("PID") over the Property. At its August 28, 2014 special meeting the Council set a public hearing on the advisability of creating the PID. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. The district includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the district. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. Item No. 6 City Secretary's use only The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"), which has been involved in the development of Oak Hollow, Northpointe Crossing, and Sweetwater Crossing. Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here: ttpoHcenturionamerican.com/county/singlemfamily/ City Staff and the City Attorney are currently working with the developer and the current owners of the Property in drafting a subdivision improvement agreement that would govern development of the Property and the financing of the public improvements through the PID and an overlapping TIRZ. This public hearing is on the advisability of creating the PID. Originally, it was anticipated that at this meeting the Council could consider and act on both the subdivision improvement agreement and creation of the PID. However, staff and the developer are not far enough along in the process for those action items. It is currently anticipated that the action items will be ready for one of the October Council meetings. To comply with the hearing requirements under Chapter 372, staff is recommending that the public hearing be opened tonight and that it be held over until the first meeting in October. RECOMMENDED ACTION: Open and begin a public hearing on the advisability of creating the PID. Once all interested persons have had an opportunity to comment on the PID, approve a motion to suspend the public hearing and continue the public hearing on October 14, 2014 at 7:30 p.m. Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 7 (a & bj � City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 09/18/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: For City Council to hear public comment regarding "SASM Investment Addition" Final Plat. (b) Consider/Discuss/Action regarding "SASM" Investment Addition" Final Plat. SUMMARY: This plat is part of a larger lot that was subdivided illegally. As such the remedy is for the owners of the tract to re -plat with a public hearing at the City Council. Additionally, the City is encouragi Adng the remainder tract owners to also re -plat their property. The staff is recommending approval of this re -plat. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval of the final plat at their September 9' 2014 meeting. The vote was unanimous. RECOMMENDED ACTION: Approval of final plat. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "SASM INVESTMENT ADDITION" FINAL PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 604 WEST STREET AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT. Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the SASM Investment Addition final plat. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd day of September, 2014. ATTEST: Natha Wilkison, City Secretary 1 APPROVED: Mayor, Mike Crist i Gv0.vlrva o� w i„ W on o MMoonoon y z M z wow I\ WNW woln vi 3nItlQ — / noivn �dz 'a9a0[10 n,992 mwnn /\ » \I N \ \ >w \ I w� Id\J o> \ \ \E2.g1�110 s —1-- _ £ poo49N =,w W w rc_w +s w r w ozo j ; I i _ I / �^ s' / Ow " Ilml E la I -w Za h — — --J I ZprW ' it -YJ _i----- --- ., so rz I r — E yzl or or o i - - iOW II 6'0 o a + I I II I w� I sr�i9eta Ann;ln7a Waned a E r z 09 A9 i q�qo cSpN GW �n zo ZZO � o >www Nm, sad of F r-. TT ai VI R IOA f ,'� r `u NI "low I ---- _ -. _01 (r.. Isla It It Im IttI 6 IF to� It ..j aIT ;:;� - r, 1 y fir:• -� - i it Ir L 1 at 41 s`IllIL i*7. =I L \ � m r edt,i 41 It It Not, d V to O .I..I.J +j( Q It (PI jit �I ..: It F << i •I .. '4 '. �. . .� 1 .. fx j� It. Ii (� .. tj Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 09/18/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance adopting Road Impact Fees. SUMMARY: A public hearing was held on September 9th, 2014 council meeting concerning an ordinance adopting Road Impact Fees as required under chapter 395 of the Local Government Code. The attached ordinance sets the maximum roadway impact for service area 1 at $702.00 and a maximum roadway impact fee of $616.50 for service area 2. Additionally, the ordinance places the assessment at or less than the proposed maximums. For example if the Council set the assessment at $333.34 per service unit per service area the impact fee would be $1,000 ($333.34*1 service unit* x 3 vehicle miles we for a single family permit and a 10,000 square foot shopping center would be $12,367 [333.34*(10,000/1000 service unit)*3.71 vehicle miles]. It should be noted that the vehicle miles calculation are from the — ITE (Institute of Transportation Engineers) Trip Generation Manual 9th edition (see attached Table). RECOMMENDED ACTION: After reviewing neighboring City assessed rates the example above appears to be competitive and would not overburden development. The staff is recommending that the Council establish the maximum rate for each service area and adopt the assessment rate of $333.34 per service unit rounded to the nearest dollar for both service areas. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS APPROVING ADOPTED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR ROADWAY IMPACT FEES; APPROVING AND IMPOSING ROADWAY IMPACT FEES IN SERVICE AREA 1 AND SERVICE AREA 2; ESTABLISHING PROCEDURES FOR ASSESSMENT, CALCULATION AND COLLECTION OF SAID FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES, PART II, ARTICLE 49, SECTION 8 REGARDING IMPACT FEES, PROVIDING FOR A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") has previously adopted water and sanitary sewer impact fees in accordance with Chapter 395 of the Texas Local Government Code ("Chapter 395"); and WHEREAS, the Council now desires to adopt roadway impact fees in two service areas within the City's corporate limits; and WHEREAS, the City's duly appointed Impact Advisory Committee reviewed the land use assumptions and capital improvements plan as relates to the roadway impact fees that are the subject of this ordinance and said committee provided its written comments on the proposed impact fees before the fifth day before the date of the public hearing on the imposition of the fees; and WHEREAS, the City has fully complied with Chapter 395 concerning the notice, adoption, promulgation and methodology necessary to adopt said land use assumptions and capital improvements plan in preparation for the adoption and imposition of roadway impact fees; and WHEREAS, on July 22, 2014, the Council held a duly noticed public hearing on the adoption said land use assumptions and capital improvements plan and adopted same with the passage of City of Anna Resolution No. 2014-07-04; and WHEREAS, on September 9, 2014, the Council held a duly noticed public hearing on the adoption of said roadway impact fees; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated; Statement of Purpose. The recitals above are incorporated herein as if set forth in full for all purposes. This Ordinance is intended to assure the provision of adequate public roadway facilities to serve new development in the City by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 5 Section Z. Land Use Assumptions. The land use assumptions adopted with the passage of Resolution No. 2014-07-04 are approved as originally adopted by the Council and as shown in the attached Exhibit A, incorporated herein as if set forth in full. Section 3. Capital Improvements. The capital improvements plan for roadways adopted with the passage of Resolution No. 2014-07-04 are approved as originally adopted by the Council and as shown in the attached Exhibit B, incorporated herein as if set forth in full. Section 4. Maximum Roadway Impact Fee Established. In accordance with the land use assumptions and capital improvements plan for roadways, the Council hereby sets the maximum impact fee amount per service unit equivalent at $702.00 for service area 1. In accordance with the land use assumptions and capital improvements plan for roadways, the Council hereby sets the maximum impact fee amount per service unit equivalent at $616.50 for service area 2. Section 5. Roadway Impact Fee as Condition of Development Approval/Permit Issuance. No final plat for new development shall be released for filing with the appropriate county without assessment of an impact fee pursuant to this ordinance or a separate ordinance providing for such assessment. No building permit shall be issued for new development until the property owner has paid the impact fee imposed by and calculated herein or a contract for payment is approved by the City and executed by the parties. Section 6. Assessment of Roadway Impact Fees. (a) The Council shall determine the amounts to be assessed and collected in accordance with this ordinance; provided, however, that the amount of any roadway impact fee assessed or collected shall not exceed the maximum amounts established under Section 4 of this ordinance for service area 1 and service area 2, respectively. (b) For new development on land that is platted in accordance with Subchapter A, Chapter 212 of the Texas Local Government Code, the City shall assess the roadway impact fees before or at the time of recordation of a subdivision plat. Subject to the limitation on the amount as set forth in subsection (a), above, the amount of the roadway impact fees will be calculated and assessed pursuant to this ordinance or as modified by a future ordinance adopted by the Council. Unless and until modified by a future ordinance, the amount of the roadway impact fee that shall be assessed and collected are: (1) $ per service unit equivalent for service area 1; and (2) $ per service unit equivalent for service area 2. CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 5 (c) For land on which new development occurs or is proposed to occur without platting, the City may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (d) Following inal assessment of the impact fee for a new development pursuant to this section, the amount of the impact fee per service unit for that development cannot be increased unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased service units at the impact fee amount as assessed at that time. (e) Following the lapse or expiration of a final plat covering any area of undeveloped property that has been approved or a final plat deemed approved due to the City's failure to act, a new assessment shall be performed at the time of new final plat approval in accordance with this ordinance, as amended. Section 7. Collection of Roadway Impact Fees. (a) The roadway impact fees due on new development shall be collected at the time of application for a building permit or, in the cases for which no plat is submitted to the City, at the time of application for building permit, utility connection or certificate of occupancy, whichever occurs first, unless an agreement binding the property owner and the City has been executed providing for a different time of payment. (b) At the time that roadway impact fees are due, the City shall compute the impact fees due foI the new development in the following manner: (1) By multiplying the number of each type of service units generated by the amount of the roadway impact fee assessed or deemed to have been assessed by the City for the applicable service area. (2) The amount of each impact fee due shall be reduced by any allowable credits for roadway capital improvements in the manner provided by City regulations and state law. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. Section 8. Incorporation of Other Regulations. Except as set forth in this ordinance, the regulations applicable to roadway impact fees in The Anna City Code of Ordinances ("Anna Code"), Part II, Article 49, Section 8 shall apply. To the CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 5 extent that this ordinance conflicts with said Section 8 of the Anna Code this ordinance shall govern. Section 9. Amendments to Anna Code. (a) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending the title of Part II, Article 49, Section 8, as follows: Section 8. Watery and Sanitary ce.,, eF Impact Fees on New Development (b) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending the definition of "Assessment" in Part II, Article 49, Section 8.02 (Definitions) as follows: Assessment means the determination of the amount of the mom, -impact fee that can be +mpesed collected on New Development pursuant to this section. (c) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending Part II, Article 49, Section 8.04(a) and (b), and adding a new subsection (c) as follows: 8.04 Impact Fee Required (a) Water and sewer Impact Fees shall be assessed for New Development at the time Final Plats for single family residential are released for recordation and due and payable at the time a building permit is issued, or for land platted outside the corporate limits, at the time an application is filed for an individual meter connection to the water or wastewater system. Water and sewer Impact Fees for other than single family residential shall be assessed at any time and shall be due and payable prior to connection to the City's water or sanitary sewer. Irrigation meters in single family residential are additional Service Units and will be assessed and fees collected at time of connection to the City's water or sanitary sewer. Except as set forth in City of Anna Ordinance No. , as amended, Roadway Impact Fees shall be assessed for New Development at the time Final Plats are released for recordation and due and payable at the time a building permit is issued. (b) Once an assessment has been made for New Development of a tract, additional Ad�tis+aal Impact Fees or increases in fees shall not be assessed CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 5 arii8uRt equalto theGUrren4 mart f8e_pper SeNTno Unit multiplied by the d*ffprpAr,p On the number ofSppxmno Units the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased meter size or additional meters or service units at the impact fee amount as assessed at that time. (c) Following the lapse or expiration of a final plat covering any area of undeveloped property that has been approved or a final plat deemed approved due to the City's failure to act, a new assessment shall be performed at the time of new final slat aaaroval in accordance with this (d) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending Part II, Article 49, Section 8.05 by adding a new subsection (b) as follows: (b) Roadway Impact Fees shall be determined as set forth in City of Anna Ordinance No. , as amended. (e) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending Part II, Article 49, Section 8.09 as follows: IN . . PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23�d day of September, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 5 EXHIBIT A LAND USE ASSUMPTIONS Advisory Committee Justin Burr —Chairman &Planning and Zoning Commissioner Sandy Setliff — Member from Real Estate Community & Planning and Zoning Commissioner Tiffany Burleson — Planning and Zoning Commissioner Elaine Gothard — Planning and Zoning Commissioner John Johnson — Planning and Zoning Commissioner Darrin Columbo —Planning and Zoning Commissioner Lee Miller — Planning and Zoning Commissioner Gary Billups — Member from Extraterritorial Jurisdiction Staff Philip Sanders —City Manager Kenny Jenks —Police Chief — Deputy City Manager Tim Gothard — Fire Chief Maurice Schwanke — Director of Planning and Development Rob Woods —Public Works Director Clayton Fulton —Finance Director Page 1 of 15 LAND USE ASSUMPTIONS FOR IMPACT FEES PURPOSE The purpose of this study is to analyze both existing and future an use, and to forecast growth trends for the City of Anna. This land use data provides a basis for determining and scheduling the capital improvements required to serve the existing and future population of the City of Anna. This study fulfills the requirements of Chapter 395 of the Texas Local Government Code which prescribes the process by which cities in Texas must formulate impact fees. The purpose of impact fees is to provide an equitable funding method for future capital improvement facilities for: water transmission, distribution, production and storage; wastewater collection, transmission and treatment, and thoroughfares to serve new developments in the City of Anna. These land use assumptions, which also include population, and basic, service, and retail land use projections, will become the basis for the preparation of impact fee capital improvement plans for water, wastewater, and roadway facilities. To assist the City of Anna in determining the need and timing of capital improvements to serve firture development, a reasonable estimation of fixture growth is required. The purpose of this report is to formulate growth and development projections based upon assumptions pertaining to the type, location, quantity and timing of various future land uses within the community, and to establish and document the methodology used for preparing the growth and land use assumptions. ELEMENTS OF THE LAND USE ASSUMPTIONS REPORT This report contains the following components: I. Methodology -- Explanation of the general methodology used to prepare the land use assumptions. II. Data Collection Service Area Maps (Figures 1, and 2) -- Explanation of division of the City into impact fee service areas for roadway, water and wastewater facilities. III. Base Year Information on population, employment, and laird use for Anna as of 2014 for each capital facility service area. V. Ten -Year Growth Assumptions -- Population and employment growth assumptions for ten years by impact fee service areas. Summary -- Brief synopsis of the land use assumptions report. Page 2 of 15 I. METHODOLOGY Based upon the growth assumptions and the capital improvements needed to support growth, it is possible to develop an impact fee structure which fairly allocates improvement costs to growth areas in relationship to their impact upon the entire infrastructure system. The database and projections in this report have been formulated using reasonable and generally accepted planning principles. These land use assumptions and future growth projections take into consideration several factors influencing development patterns, including the following: • The character, type, density, and quantity of existing development • Existing zoning patterns • Anticipated future land use (as shown on the City's Future Land Use Plan) • Availability of land for future expansion • Current and historical growth trends within the City • Building permit activity trends • Basic, Retail, and Service land use absorption rates • Physical holding capacity of the City • Known or anticipated development projects Following is the general methodology used for the preparation of this report: 1. Update impact fee service areas as necessary for roadway, water and wastewater facilities (see Section II -- Service Area Maps), 2. Collect/determine benchmark data on population, basic, retail and service land use as of 2014 (see Section III --Base Year Data). 3. Project population and basic, retail and service land use growth for ten years by impact fee service area (see Section IV -- Ten-Year Growth Assumptions). More detailed discussion for each of the above is contained within the respective sections. Page 3 of 15 He SERVICE AREA MAPS Service Area Maps Figure 1, entitled "Roadway Impact Fee Service Area Structure", details the two (2) service areas for roadway facilities. Although the capital improvements plan and impact fees will be prepared as a separate document for roadway facilities, the geographic boundaries of the roadway service areas are shown as Figure 1. Figure 2 show the service areas for water and wastewater facilities. The boundary for water and wastewater facilities service area is the combination of the existing city limits and the extraterritorial jurisdiction. Documents containing the capital improvements plan for water and wastewater facilities will also be prepared separately. Data Format The existing data base, as well as the firtm•e projections, was formulated according to the following format and categories: Service Area Correlates to the proposed roadway, water and wastewater service areas identified on the attached maps. Housing Units (2014) All housing units including single-family, duplex, multi -family and group quarters. The number of existing housing units has been shown for the base year (January 1, 2014). Housing Units (2024) Projected housing units by service zone for January 2024 (ten-year growth projections). Population (2014) Existing population for the base year (January 2014). Population (2024) Projected population by service area for the year 2024 (ten-year growth projections). Employment (2014, 2024) Employment data is aggregated to three employment sectors and include: Basic, Retail and Service. The following details which North American Industry Classification (NAIC) codes fall within each of the three sectors. Basic (#210000 to 4422999) -- Land use activities that produce goods and services such as those that are exported outside the local economy; manufacturing, construction, transportation, wholesale trade, warehousing and other industrial uses. Retail (#440000 to #454390) -- Land use activities which provide for the retail sale of goods that primarily serve households and whose location choice is oriented toward the household sector such as grocery stores, restaurants, etc. Service (#520000 to #928199) -- Land use activities which provide personal and professional services such as financial, insurance, government, and other professional and administrative offices. Page 4 of 15 u w N W W L� W W y�� A W ►� I 4r O U ai U 7-. O III. BASE YEAR DATA This section documents the City's historical growth trends and data from the base year of January 1, 2014. This "benchmark" information provides a starting basis of data for the ten-year growth assumptions that will be presented within the following section. Population Growth The existing and past population levels for Anna are depicted in Table 1. As indicated, between 1940 and 2010 the population growth has been substantial, increasing from 509 persons in 1940 to 8,249 persons in 2010. The 2013 estimated population estimated the North Central Council of Governments is 9,360 persons, which represents a significant increase (13.5%) since the 2010 estimate. Currently, the total population is estimated to be 10,300 based on the housing count prepared in this report. This estimate uses an average household population of 3.15 and an occupancy rate of 94 percent. Additionally, within the City and the ETJ the population is estimated to be over 13,632 persons. TABLE 1 ANNA POPULATION GROWTH YEAR POPULATION 1940 509 1950 525 r 1960 639 1970 736 1980 855 Y 1990 904 Y 2000 1,225 2010 89249 ' 2013 9,360 2014 109300 * Source: U.S. Census ** North Central Texas Council of Governments Population Estimates *** The January 2014 population estimate shown above was derived using data from this 2014 Land Use Assumptions Report. Source: City of Anna Existing Land Use In any evaluation and projection of future land use patterns, a documentation of existing conditions is essential. Documentation of existing land use patterns and population was made from the City's Comprehensive Plan as amended and used as a base line for future growth projections. Table 2 represents a summary of existing population and employment acreages for Anna and the associated water and wastewater plarming areas. The appendices detail data by various impact fee service areas. TABLE 2 ANNA EXISTING POPULATION & EMPLOYMENT-2014 Roadway Boundary - City Limits Housing Units 35479 Population 105300 Total Employment Acreage 101.6 Basic Employment Acreage 37.5 Retail Employment Acreage 44.7 Service Employment Acreage 19.4 Water Boundary — City Limits and ETJ Housing Units 404 Population 13,632 Waste Water Boundary— City Limits and ETJ Housing Units 4,604 Population 13,632 Source: City of Anna IV. TEN-YEAR GROWTH ASSUMPTIONS Growth is characterized in two forms: population (residential land use) and employment (nonresidential land use). A series of assumptions were made to arrive at reasonable growth rates for population and employment. The following assumptions have been made as a basis from which ten-year projections could be developed. _Future land uses will occur as identified on the Future Land Use Plan adopted in 2010 with updates _ The City will be able to finance the necessary improvements to accommodate growth, _ School facilities will accommodate increases in population, and _ Densities will be as projected as detailed in the Comprehensive Plan. The ten-year projections, or land use assumptions, are based upon the establishment of a reasonable growth rate which is based upon past trends or other considerations. Given the impact on growth due to the economic fluctuations in the late 2000's, analysis of annual growth based on data from building permit data and U.S. Census was undertaken to provide further insight into growth trends experienced within the City. The single-family building permit activity since 2005 in Anna has fluctuated with time, going from 506 in 2005 to as low as 7 in 2009. Table 3 represents this fluctuation in growth and the data used to find the average number of permits over the nine-year period, of 232 building permits. Several different scenarios were produced to estimate the fixture population using a range of building permits from 200 to 300 and also percentage increases of 6, 7 and 9 as shown in Table 4. The scenario that best fits the last two years of building permits and the anticipated growth is the 7 percent therefore it was the growth rate used for this analysis. � � - � � � � � Year Single Family Building Permits 2005 506 2006 346 2007 148 2008 77 2009 7 2010 26 2011 100 2012 351 2013* 300 Avera e 232 *Projected for Yeats End. SOURCE: Planning and Development Department TABLE 4 ANNA POPULATION PROJECTIONS Year 200 unit/ r 300 units/ r 5%after 2013 6%after 2013 7% after 2013 9%after 2013 2014 10,300 10,300 10,300 10,300 10,300 10,300 2015 10,900 11,200 10,815 10,918 11,021 11,227 2016 11,500 12,100 11,356 11,573 11,792 12,237 2017 12,100 13,000 11,924 12,267 12,618 13,339 2018 12,700 13,900 12,520 13,004 13,501 14,539 2019 13,300 14,800 13,146 13,784 14,446 15,848 2020 13,900 15,700 13, 803 14,611 15,45 8 17,274 2021 14,500 16,600 14,493 15,487 16,540 18,829 2022 15,100 17,500 15,218 16,417 17,697 20,523 2023 15,700 18,400 15,979 17,402 18,936 22,371 2024 16,300 19,300 16,778 18,446 20,262 24,384 Source: City of Anna Page 9 of 15 25,000 20,000 15,000 10,000 5,000 C�7 FIGURE 3 ANNA POPULATION PROJECTIONS 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Source: City of Anna �•200 unit/yr f300 units/yr 5% after 2013 �E-6% after 2013 7% after 2013 9% after 2013 The development often -year housing estimates were calculated using the seven percent growth rate derived above. However the growth was not projected to occur evenly tloughout the roadway service areas of the city. While growth will generally occur throughout the city, the current city staff provided knowledge of the key growth areas within the community. Many new developments are in the planning phases with preliminary plats being currently submitted. The following is a list of the major projects interests: • Lake View Preliminary Plat — 168 lots • West Crossing Phase 4 —Final Plat Construction Plans under review — 70 lots • Anna Crossing Phase I & I Preliminary Plat — 175 lots • Anna Crossing Phase IA Construction Plans under review • Anna Crossing Phase 2A Construction Plans under review — 59 lots • Discussions on future phase of North Point Crossing — 498 lots • Discussions on Villages of Hurricane Creek —1,008 lots • Discussions on Oak Ridge — 2,635 lots Page 10 of 15 Other conversations with developers are occurring regularly on other large land holdings. The ten-year population estimates were determined by growing service areas to represent current development patterns while also maintaining the 7 percent overall growth rate. The household growth figures are shown by roadway service area in Table 5. N� ►z�a��r�� � �Zei►z�Ti� i i ���i � ►��� cy �_� ►� �r_� SERVICE AREA 2014 HOUSEHOLDS ANTICIPATED DEVELOPMENT PERMITS 2024 HOUSEHOLDS ANNUAL GROWTH RATE 2014-2024 A 123 595 718 19.29% B 68 320 388 19.02% C 11704 625 21329 3.17% D 19193 525 1J18 3.71% E 522 650 1,172 8.42% F 321 175 496 4.45% G 184 535 719 14.60% H 377 50 427 1.25% 1 104 50 154 4.00% Total 49596 39525 89121 5.86% Source: City of Anna TABLE 6 ANNA TEN-YEAR POPULATION PROJECTIONS 2014 2024 ROADWAY SERVICE TOTAL AREA HOUSING NEW PROJECTED UNITS POPULATION HOUSING HOUSING POPULATION UNITS UNITS 1 29752 89148 25015 49767 149113 2 727 29152 1,350 29077 69149 Total 39479 109300 35365 6,844 205262 Source: City of Anna Based on values in the Anna Comprehensive Plan the commercial land use which includes retail and service that Anna has is approximately 0.7 acres per 100 persons and the industrial (basic) category had 0.2 acres per 100 acres. The City has been underserved with retail/office space and the absorption rate is anticipated to be closer to 1.4 acres per hundred persons with 1.2 acres per hundred for retail and 0.2 acres for service. Basic land use per 100 persons is recommended to be .5 acres. It should also be mentioned that the location of the basic, retail and service acreages are not distributed proportionately by area population but by zoning patterns and anticipated developments. TABLE 7 ANNA TEN-YEAR BASIC/RETAIL/SERVICE LAND USE PROJECTIONS ROADWAY SERVICE BASIC ACRES RETAIL ACRES SERVICE ACRES TOTAL ACRES AREA 2014 2024 2014 2024 2014 2024 2014 2024 1 30.8 57 42.6 190 12.3 27 85.7 274 2 6.7 44 2.1 53 7.1 14 15.9 111 TOTAL 37.5 101 44.7 243 19.4 41 101.6 385 Source: City of Anna • Anna presently contains approxunately 15.01 square miles of land within the City limits and a total land area within the city limits and extraterritorial jurisdiction of 60.94 square miles. • The existung population of Anna is approximately 10,300 persons, and the existing estimated acreage of basic, retail and sei-��ice is 101.6 acres within the CitS� Limits. • An average annual growth rate of 7 percent was used to calculate the Anna's ten-year population growth projections. • The ten-year (2024) growth projection of Anna is 20,262 persons, and the ten-year projected acreage of basic, retail and ser��ice land use is 385 acres. 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O 0 a) a) 0 W mLL>LLSZZ()LL(Dzw< (�UUUQ0 U)Er W F-�OMEMOIR p LUJUU(D�0:D(D0w'OO Lu cDl qj• tMcIIII O O N(M O O O .' N__M � m(O I`MO co (o ISO Ncv) V'(O I� to O _O � w IN,M000 co W w INMIt W w W U 0 r r n ti t` r r I\ n .. M w a0 W a0 w M w 00 w 00 0w0 0w0 00 w w CD w w 000 w a) m m m m T m "O Y 0 O .n a m C6 O L Q Q I CITY OF ANNA, TEXAS Council Meeting: September 23, 2014 Account Code #:_ Budgeted Amount: Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: ❑x Yes ❑No AGENDA SUBJECT: Consider/Discuss/Action approving an interlocal agreement with Collin County for Special Crimes Investigations by law enforcement officers assigned to the Child Advocacy Center, SUMMARY: Crimes involving victims younger than 17 yews of age are often special cases requiring a particular expertise. The Child Advocacy Center of Collin County is specially trained and equipped to conduct these types of investigations for us and does so via this agreement. The cost charged by the CAC for these services is $7,500.77 per year. The agreement sent to us by Collin County has a section that has language that is not in the City's best interest. Section Civil Liability, should be removed from the agreement. STAFF RECOMMENDATION: Approve the resolutions authorizing the inte>r•local agreement between the City and Collin County, minus section 7.01. INTERLOCAL AGREEMENT: CHILD ABUSE, INVESTIGATION SERVICES, LAW ENFORCEMENT SERVICES THIS AGREEMENT is entered into on October 1, 2014, by and between the Cityof Anna (the "City") and the Collin County, a political subdivision of the State of Texas (the "County"). Recitals WHEREAS, County performs law enforcement functions within Collin County. WHEREAS, the City desires to obtaui certain law enforcement services from the County that the City is authorized to provide. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes units of local government to contact with one or more units of local government to perform government functions and services; and NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows: Article I Definitions 1.01 Law Enforcement Services The term "Law Enforcement Services" means all services necessary for the County to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes The term "Special Crimes" means criminal offenses, relating directly or indirectly, whereby the victim is less than 17 years of age and the crime is determined to be a State Jail Felony or above. Lower offenses may be worked with the approval of both parties. Article II Term 2.01 Term The term of this Agreement shall commence on October 1, 2014, and shall continue in full force and effect for a period of five (5) years thru September 30, 2019. 2.02 Termination Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. The parties agree that this Agreement will terminate immediately should the City not have an operating Police Force. Article III Services and Service Fees 3.01 Services The County agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. City shall pay for Sexual Assault Exams (Normally, these Fees are reimbursed to the City, by the State of Texas) if required in addition to the Fees annotated in section 5.01: Law Enforcement Service Charge. Additional unusual investigative fees, upon City approval in each case, may be charged if required for prosecution. 3.02 Manner of Providing Services The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3.03 Use of Additional Personnel The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in paragraph 1.02 of this Agreement. Article IV Exclusivity of Service The parties agree that the County may conhact to perform services similar or identical to those specified in tIris Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. Article V Compensation 5.01 Law Enforcement Service Charge The payment is as upon the population estimates of the City and that population is based on the most recently published figures obtained from the North Central Texas Council of Governments. Law Enforcement Fees may be adjusted within the Five (5) year period as needed, if deemed necessary due to population increase. On an annual basis, the City will pay $7,500.77 to the County for providing the above mentioned services. The City will continue payment for any and all charges for services not described in this Agreement. County will invoice City each year for total amount due. Article VI Notices 6.01 Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered whether actually received or not forty-eight (48) hours after deposit in the United Sates mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 6.02 All communications provided for in this Agreement shall be addressed as follows: if to the County, Copy to: County Purchasing Agent if to the City, to: Or, to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9. Article VII Miscellaneous yr relating to the furnishing of services under this Agreement shall be the respon ' The parties a at the County shall be acting as agent for the City in g the rplated by this Agreeme City shall hold the County free and harmless obligation, costs, claims, judgments, attorni attachments, and other such liabiliti g from or g"Mok out of the services rendered to the uant to the terms of this 6SmwtwW or in any way connected with ay Bring of said services, exi n the same shal ecause of the willfiil misconduct or culpable neglig6meVt Ce County, and my ' ged to be guilty of willful misconduct or culpable negligence by a co i`e mpe 7.02 Amendment This Agreement shall not be amended or modified other than in a written agreement signed by the parties. 7.03 Controlling Law This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the taws of the State of Texas. 7.04_ Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. 7.05 Counterparts This Agreement maybe executed in counterparts, each of which, when taken separately, shall be deemed an original. 7.06 Exclusive Right to Enforce this Agreement The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COUNTY" COLLIN COUNTY, TEXAS Title: County Judge Date: "CITY" Title: Date: Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Y{OUR} HOMETOW N Council Meeting: September 23, 2014 Staff Contact: Cit�ger Account Code #: Budgeted Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a pay classification plan. SUMMARY: It has been six years since the city updated its pay classification plan. Since that time, we are aware of employees and employee groups whose salary schedules have fallen behind the market for this region. In an effort to hire and retain qualified and trained employees, the fiscal year 201344 budget included funding to review and update our pay classification plan based on a comparison of similar positions in this market area. The salary and classification plan survey revealed that 58% of the City's employees fall below the average survey minimum for their respective positions. The study provided recommendations for revising the City's pay classification plan, and for implementing market adjustments based on the new pay plan and the tenure of each employee in his or her position. The new pay classification plan moves the Police department from an automatic step pay plan to traditional pay plan where scheduled salary adjustments are determined as part of the budget process and are based on individual merit or cost of living. RECOMMENDED ACTION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PAY CLASSIFICATION PLAN. WHEREAS, it has been six years since the City of Anna, Texas (y") updated its pay classification plan, and since that time, some employees and employee groups salary schedules have fallen behind the market for this region; and, WHEREAS, in an effort to hire and retain qualified and trained employees, the City Council of the City of Anna Texas ("City Council") finds and determines that it is the best interests of the City to update the pay classification plan based on a comparison of similar positions in this market area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 3. Approval of Pay Classification Plan. The City Council hereby approves the pay classification plan attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's implementation of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 23ra day of September, 2014. ATTEST: Natha Wilkison, City Secretary I•G1�7Z�I�I��� Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 s x W O O (D O O O O O O O O O O O O O O O O O N O O O O l0 l0 l0 O l0 l0 N N N d' ct 'cr d' d' �t d' O d' tzt Ql �' O O 00 d' Ln d' Ln W M M Ln M U) lfl lfl (D lD LD LD lD lD N czt wt rl Rzt O O O � al M M Ol Ol C31 O O O O O O O O rl M M N M N N ct r� r� r� O lD lD c-I c-I rl lD LD l0 lD LD lD lD lD M Ln Ln Ln Ln rn (M Ol _ X Q c-i rl rl d' W LO I� r� t� O O O O O O O O ct lD lD lD lD O (D N 3 cc qzl- Ct 'Ct d" qzt zt �t czt Ln Ln Ln Ln Ln m Ln Ln Ln Ln Ln m L ) Co (0 Lo G i/} -Ln Vl• V)- t/} V} V} V? t/} V} V} V} V? 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W Iv v N 41 Q U U O ri N M d' 111 l0 QW M M M M M M M a w w w w C7 � w w w W X W i Y{OIIR} HOMETOWN Council Meeting: September 23, 2014 Sanders Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Phlllp Date Prepared: 9-17�14 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions.4 a. consult with legal counsel regarding pending or contemplated litigation and/or 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); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code 9551.072); acquisition of right-of-way, easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City 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); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for September 23, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: n Council Meeting: September 23, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 9-17-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.