Loading...
HomeMy WebLinkAboutOrd 396-2008 EDC Expenditures and CC Approval.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 396-2006 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, EXEMPTING CERTAIN CLASSIFICATIONS OF EXPENDITURES BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION FROM THE REQUIRED APPROVAL BY CITY COUNCIL; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED ON; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF WHEREAS, the City Council of the City of Anna, Texas ("City Council") has previously approved the Anna Economic Development Corporation Bylaws; and WHEREAS, Section 21 of the Development Corporation Act of 1979, Article 5190.6 of the Revised Civil Statutes of Texas ( the Act"), requires that the City approve all programs and expenditures of the Anna Economic Development Corporation ("EDC"); and WHEREAS, Article IV, Section 5(a)(iii) of the Anna Economic Development Corporation Bylaws requires that all expenditures be described in a resolution or order of the Board of Directors of the EDC and made only after the approval of the City Council, unless the City Council exempts certain classifications of expenditures from this requirement by ordinance; and WHEREAS, the City Council has determined that providing for such exemptions of certain classifications of expenditures would increase the efficiency of the EDC and potentially facilitate economic development within the City of Anna, Texas; NOW, THEREFORE, BE IT ORDAINED 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. Exemption of Certain Classifications of Expenditures by the EDC from Required Approval by City Council (a) For the purposes of this section, `Project" has the same meaning as the definition in Section 2(11) of the Act. (b) An expenditure or series of related expenditures not made in connection with a Project and not made to incentivize a particular business enterprise or enterprises shall be deemed approved by the City Council and shall not require further Ord. 3W2M evenno,g Geftm Chmsudon EDC aVendiwma Gan appwerftc 1 07-2MB approval of the City Council provided that the amount of such expenditure—or the total amount of a series of related expenditures—is less than: (1) $10,000 for expenditures budgeted by the EDC in a budget previously approved by the City Council; or (c) All expenditures by the EDC not described in subsection (b) must receive approval by the City Council. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section S. Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, on this the 22nd day of July, 2008. Ord. 396-2000 Emmling Certain Clau fimfion EDC expenditures Rom appmu .00c 2 07-22-08