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