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.
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ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 12 of 15
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ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 13 of 15
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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
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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
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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.
Page 12 of 15
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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
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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.