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HomeMy WebLinkAboutColleyville Economic Development Corporation (CEDC)-Agenda Packets-12/1/2004 city Of llC9 Texas PUBLIC NOTICE ON WEDNESDAY, DECEMBER 1, 2004, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS, 100 MAIN STREET, THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WILL HOLD A MEETING FOR THE FOLLOWING PURPOSE: 1. CALL TO ORDER CONSENT: 2. CONSIDERATION OF CONSENT RESOLUTION R-04-66 - CONSENT ITEMS: a. Approval of minutes of the Colleyville Economic Development Corporation Board of Directors meeting held August 24, 2004 3. READING AND PUBLIC HEARING - RESOLUTION R-04-67 - A Resolution approving authorized depository account signatures 4. DISCUSSION OF PERMISSABLE USES OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION FUNDS 5. READING AND PUBLIC HEARING - RESOLUTION R-04-68 - Discussion and consideration of a Resolution ratifying Corporate Board action for the meeting of December 1 , 2004 ADJOURNMENT: 6. ADJOURNMENT I certify that the above notice was posted on the Bulletin Board at City Hall on November 19, 2004, at 5:00 .m. ~~ . Cynthia Singleton, TRMC City Secretary 100 MAl N STREET COLLEYVI LLE, TEXAS 76034 (817) 503-1000 RESOLUTION R-04-66 A RESOLUTION APPROVING BOARD ACTION UNDER CONSENT ITEMS AT THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MEETING OF DECEMBER 1, 2004 WHEREAS, Board has taken action on certain items on the agenda under Consent Items, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1: THAT the agenda decisions approved by the Economic Development Corporation Board of Directors action under Consent Items as follows are hereby adopted: a. THAT the minutes of the Colleyville Economic Development Corporation Board of Directors meeting held August 24,2004, are hereby approved. AND IT IS SO RESOLVED. APPROVED AND ADOPTED, this December 1, 2004. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Jon Ayers President ATTEST: Cynthia Singleton Secretary MINUTES OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS MEETING AUGUST 24, 2004 The meeting of the Colleyville Economic Development Corporation Board of Directors was called to order by President Mark Skinner on August 24, 2004, at 6:50 p.m. ROLL CALL: Directors Elaine Dolan, Jon Ayers, John Gray, Lee Skaalrud, and John Terhoeve were present. President Mark Skinner, General Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Manager Terry Leake, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh and Secretary Cynthia Singleton were also present. Director Rich Hendler was absent. CONSENT: 2. CONSIDERATION OF CONSENT RESOLUTION R-04-61 - CONSENT ITEMS: a. Approval of minutes of the Colleyville Economic Development Corporation Board of Directors meeting held September 9, 2003 Director Skinner opened the public hearing and read Resolution R-04-61 in its entirety. There was no one present wishing to speak concerning this item and Director Skinner closed the public hearing. Director Ayers moved to approve Resolution R-04-61. Director Dolan seconded the motion. Ayes: Nays: Abstain: Directors Dolan, Ayers, Terhoeve, Skaalrud and Skinner None Director Gray President Skinner declared the motion carried. CEDC MINUTES AUGUST 24, 2004 PUBLIC HEARINGS: 3. READING AND PUBLIC HEARING - RESOLUTION R-Q4-62 - Appointing a Colleyville Economic Development Corporation President and Vice President Director Skinner opened the public hearing and read Resolution R-04-62 in its entirety. There was no one present wishing to speak concerning this item and Director Skinner closed the public hearing. General Manager Bill Lindley provided an overview of the process of appointing a President and Vice President. Director Skinner opened the floor for nominations for President. Director Dolan nominated Director Ayers for President. There were no other nominations and President Skinner declared Director Jon Ayers President of the Economic Development Corporation by acclamation. President Skinner opened the floor for nominations for Vice President. Director Ayers nominated Director Dolan for Vice President. There were no other nominations and President Skinner declared Director Elaine Dolan Vice President of the Economic Development Corporation by acclamation. Director Ayers moved to approve Resolution R-04-62 appointing Director Ayers as President and Director Dolan as Vice President. Director Dolan seconded the motion. Ayes: Nays: Directors Dolan, Ayers, Gray, Terhoeve, Skaalrud and Skinner None President Skinner declared the motion carried. 4. READING AND PUBLIC HEARING - RESOLUTION R-04-63 - Adopting the Economic Development Capital Improvement Program (EDCIP) for 2005-2009 President Ayers opened the public hearing and read Resolution R-04-63 in its entirety. There was no one present wishing to speak concerning this item and President Ayers closed the public hearing. 2 CEDC MINUTES AUGUST 24, 2004 General Manager Bill Lindley provided an overview of the Economic Development Capital Improvement Program for 2005-2009. Deputy City Manager Dianne McWethy provided an overview of the funding programs. Finance Manager Terry Leake provided information related to the Economic Development Capital Improvement Program revenue for 2005-2009. Discussion ensued regarding the funding sources for the projects and permissible uses of CEDC funds. Finance Manager Terry Leake provided information related to the 1997 debt service. There was general consensus that projects related directly to economic development may be considered in the future. Discussion ensued regarding economic development opportunities and tourism. General Manager Bill Lindley provided an overview of the administration of the economic development sales tax. Director Skinner moved to approve Resolution R-04-63. Director Dolan seconded the motion. Director Dolan requested that a CEDC meeting be held in three to six months to review the allocation of funds. Ayes: Nays: Directors Dolan, Ayers, Gray, Terhoeve, Skaalrud and Skinner None President Ayers declared the motion carried. 5. READING AND PUBLIC HEARING - RESOLUTION R-04-64 - Adopting the Fiscal Year 2005 Budget President Ayers opened the public hearing and read Resolution R-04-64 in its entirety. There was no one present wishing to speak concerning this item and President Ayers closed the public hearing. Director Dolan moved to approve Resolution R-04-64. Director Gray seconded the motion. 3 CEDC MINUTES AUGUST 24, 2004 Ayes: Directors Dolan, Ayers, Gray, Terhoeve, Skaalrud and Skinner Nays: None President Ayers declared the motion carried. ACTION ITEMS: 6. DISCUSSION AND CONSIDERATION OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION INVESTMENT POLICY Finance Manager Terry Leake provided information related to the investing policy. REPORTS: 7. ANNUAL ACTIVITY REPORT Deputy City Manager Dianne McWethy provided clarification regarding local share match for future grant opportunities. 8. ANNUAL INVESTMENT REPORT Finance Manager Terry Leake provided information regarding the investment funds. 9. READING AND PUBLIC HEARING - RESOLUTION R-04-65 - Discussion and consideration of a Resolution ratifying Corporate Board action for the meeting of August 24, 2004 This Resolution was not needed. ADJOURNMENT: 10. ADJOURNMENT There being no further business before the Board, Director Dolan moved to adjourn. Director Skaalrud seconded the motion. Ayes: Directors Dolan, Ayers, Gray, Terhoeve, Skaalrud and Skinner Nays: None President Ayers declared the meeting adjourned at 7:45 p.m. 4 CEDC MINUTES APPROVED THIS AYES DAY OF NAYS AND Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary AUGUST 24, 2004 2004, BY A VOTE OF ABSTENTIONS. 5 CEDe cc.~ le:<O\$ AGENDA BRIEFING i MEETING DATE: ! ; 12/01/04 3 R-04-67 i GENERAL MANAGER! DEPARTMENT HEAD ' I FINANCE MANAGER i ITEM #: ! RESOLUTION #: \ Previous Action: None DEPARTMENT: FINANCE SUBJECT: Approving Authorized Depository Signatures Reading and Public Hearing The CEDC checking account's authorized signers need to be updated, as former Deputy City Manager, Dianne McWethy was one of the authorized signers. Attached is Resolution R-04- 67, which authorizes William H. Lindley, General Manager, Cynthia Singleton, Secretary, and Terry Leake, Finance Manager to be signers. As a point of reference, the CEDC checking account requires two signatures on all checks. Recommendation Approval RESOLUTION R-04-67 A RESOLUTION APPROVING AUTHORIZED DEPOSITORY SIGNATURES WHEREAS, the authorized signers on the Colleyville Economic Development Corporation's (CEDC) checking account were William H. Lindley, General Manager, Dianne McWethy, Deputy City Manager of the City of Colleyville, Terry Leake, Finance Manager, and Cynthia Singleton, Secretary; and WHEREAS, it is necessary to update the additional authorized signers on the account due to the resignation of Dianne McWethy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1. THAT the following people are authorized to be a signer on the Colleyville Economic Development Corporation's checking account at Wells Fargo Bank N.A. and any successor checking accounts: William H. Lindley Cynthia Singleton Terry Leake Sec. 2. THAT this Resolution shall become effective on the date of passage. AND IT IS SO RESOLVED. PASSED AND ADOPTED, this December 1, 2004. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Jon Ayers President ATTEST: Cynthia Singleton Secretary CEDC cc;0", AGENDA BRIEFING Il..~."",$ MEETING DATE: i 12/01/04 CITY MANAGER ITEM#: I 4 DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Discussion of permissible uses of the Colleyville Economic Development Corporation funds Backqround During the August 24, 2004 meeting, Corporation members requested that staff identify varying possible uses of CEDC funds for related economic development purposes. The question was a follow up to a previous legal opinion prepared by the City Attorney regarding use of funds for economic development purposes. Staff assembled a list of possible economic development activities which funding could beneficial. The City Attorney has reviewed the various work activities and provided responses to the applicability of allocating CEDC funds by the Corporation. This item is provided for discussion by the Corporation members as requested at the August 24,2004 meeting. The City Attorney will attend the meeting for discussion with members. Attachment · City Attorney Opinion 11/18/2004 12:46 8174852836 ROSS T FOSTER P C PAGE 02/07 MEMORANDUM PRIVILEGED - DO NOT GENERALLY DISTRmUTE TO: Bill Lindley, City Manager City of Colleyville FROM: Ross T. Foster, City Attorney City of ColJeyville DATE: November 18, 2004 SUBJECT: 4B Revenues Allowable Uses Scott Welmaker forwarded to me a letter dated October 29, 2004 in which he asked whether the City could use 4B Sales Tax monies for various identified projects. Sales and use taxes imposed under the Act may be used only for purposes expressly represented to and approved by the voters. In u sense, it is a contract with the voters, Tex. Att. Gen. Op. JC-0400(2001). The contract with the voters includes the purposes stated in the election ordinance formerly adopted by the City and the ele'l;tion proposition submitted to the voters. As submitted and approved by the voters ofColleyville the proposition provided as follows: "The adoption of an additional one-half cent sales and use tax to provide for parks and park facilities, a library, a community center, open space improvements, and other facilities and improvements, only as authorized by Section 4B of Article 5190.6 Vernon's Texas Civil Statutes, as amended," Th~~ contract with the voters may also include representations made by the governing body ofthe City outside the formal election proceedings, such as statements made before the election by representatives of the governing body to the public regarding specific purposes for which the proceeds will or may not be used. See Id. It is assumed for the purposes ofthis opinion that neither the governing body of the City or members ofthe corporation made any statements which would have resl..llted in limiting the use of the sales and use tax. 4lJ li~EVENUES ALLOWABLE USES - p~ 1 C:\Dtx:Umcnts UIld Scttingll\Dcbi\My .Docl1mcnts\Mcmomndum~\linclley.4b re\lefll1e~ allowable u.'e.<\.wtXl 11/18/2004 12:46 8174852836 ROSS T FOSTER P C PAGE 03/07 In looking at the proposition as adopted it could be argued that the City's 4B funds may not be used other than for parks and park facilities, a library, a community center, open space improvements, and other facilities and improvements, since those uses are specifically listed in the proposition. Generally, when the proposition was adopted by the voters Article 5190.6 did not allow the expenditure of funds unless specific facilities or improvements were involved, However, sub sequent amendments to Article 5190.6 allow expenditures fOf things such as sponsonng ent,ertainment, tourist or convention related activities and promotional expenses, The counter to the for~~going narrow construction of the proposition is that the proposition specifically refers to 5190.6 "as amended" and this demonstrates and intent to allow the City to use 4B funds based on subsequent aml~ndrnents to the Article. The matter is not without doubt but based upon my review of the statute, existing AG opinions and case law it is my opinion that a court considering the matter would not adopt the narrow construction of the proposition. It is my opinion the court would adopt a more liberal interpretation of the proposition as being in conformity with the purpose and intention of the legislature in adopting the stahlte. The following responses to your questions assume that the proposition as submitted allows the City to use 4B funds if such uses are now allowed under the am~ndments to Article 5190.6. Also, issues related to notice of intended use, petitions, opposition or ~)ther procedures relating to the use of 4B funds are excluded from consideration in this memo_ With the foregoing in mind the following is my response to your request: Item: Demolish the City owned "Karate Building" and build and maintain a signature monument. Response: Provided the Board finds this project is required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, 4B funds may be used. Item: Offer cash incentives or landscape assistance to spruce up/retrofit buildings on 26. 4J1lUJ;Vl1.NUF.,S AJ.,T.lOWARLE l1SF.^"l. Page % C~\n~Cllm41nt~ and Settin6R\~hi\My Documcnts\Mcmonll1dumalJindlcy.4b revenues. ~.l.1ownhle USl!$.wpd 11/18/2004 12:46 8174852836 ROSS T FOSTER P C PAGE 04/07 Response: Generally 4B reven.ues may not be used. There may be exceptions based upon th.~ nature or use of the building, For example, if the facility is found by the Board to promote or develop new or expanded business enterprises that create or retain primary jObs1 and the contractual. requirements in Section 40 of the Act are complied with, 4B revenues could be used. Item: Fund or co-sponsor a Texas Food and Jazz Festival in conjunction with the United Texas Tour. Response: 4B revenues may be used. Item: Fund or co-sponsor various festivals. Response: Assuming the festivals relate to entertainment, tourist or convention related pr<:ljects 4B funds may be used. Item: Fund or co~sponsor Smithsonian traveling exhibitions on the second floor on the library. Response: 4B funds may be used. Item: Open a non-profit art gallery on the second floor of the library. Response: 4B funds may be used. Item: Produce a summer concert series in association with the Arts NET. Response: 4B funds may be used. Item: Build and maintain entryway monuments at key intersections. Response: Provided the Board finds the expenditure is required or sui.table for infrastructure nec1::Jssary to promote or develop new or expanded business enterprises, 4B funds may be used. lA primary job is ajob that is available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewidel national, or international markets infusing new dollars into the local economy and that fan into one of the specifically enumerated industry cIassiti.cations in the Act. That list is attached to this memo. 48 ~l~VENUES ALLQWABLE USES - Page 3 C:\Occum<mUl nnd ScttinS"IOebiIMy Documcnl~IM~omnclum.!<\lincllcy.4b revenUes t1l1cwnblc UACll.wpd 11/18/2004 12:46 8174852836 ROSS T FOSTER P C PAGE 05/07 Item: Provide funding for marketing, advertising or promotional materials for print, media or internet based. Response: Provided the promotional materials advertise or publicize the City for the purpose of developing new and expanded business enterprises, 48 funds up to 10% per annum of collections may be used Item: Provide cash incentives or rebate for retail offi.ce prospects locating or staying in Co II eyville , Response: 4B funds may not be used. Item: Fund utility (water, sewer, gas, electric, telephone, etc.) extension for retail office prospects. Response: Provided the Board determines the expenditures are required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, 4B funds may be used, Item: Provide building or property acquisition for retail office prospects. Response: 4B funds may not be used unless the Board determines that the expenditures for the project will promote or develop new or expanded business enterprises that create or retain primary jobs. Item: Use funding for related streets-sidewalk infrastructure as part of site development requirements for retail office prospects. Response: Provided the Board finds the expenditure i 5 required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, 4B funds may be used. Item: Use funding for street construction andlor landscaping for streets. 4H ll~NUES ALLOWABLE USIi:.S -l>Ol':C! 4 C:\DI.lCl\menl~ nnd Setting!l\Dcbi\My Documcrrts\Memorandmns\lindley.4b reVClltlC!l allowable UseR.wpd 11/18/2004 12:46 8174852836 ROSS T FOSTER P C PAGE 06/07 Response: Provided the Board finds the expenditure is required or suitable for infrastructure necessary to promote or develop new or expanded enterprises, 4B funds may be used. Item: Fund economic development programing costs for staff and/or operations. Response: Generally, 4B funds may not be used. However, to the extent the costs are phmning costs to detennine the feasibility or practicality of undertaking a 4B project, administrative expenses of placing a 4B project in operation, or expenditures for promotional purposes (limited annually) 4B funds may be used. If you have any questions please contact me, RTF RTF :jts 48 Rl:VENUF..5 ALLOW ABJ...E USES - PallS !!i C:\Do.:utnents and Settjngs\Debi\My Ooc:urncr:rta\Mcm()f:mdwn~\Jind1cy.4h rr:vemle~ ~lIowllblc U~e!l.wpd 11/18/2004 12:46 8174852836 ,~ ., ROSS T FOSTER P C PAGE Page 3 (17) [FN2] "Primary job" means ajob that is: (A) available at a company for which a majority of the products or services of that company are ultimately exported to n:g;onal, stalcwide, national, or intern(1tional markets infu5ing new dollars into the local economy; and (B) included in one of the following sectors ofthc North Amcrican Industry Classification System (NAICS): Nl,ICS Sector 111 11 ~~ 113 11411 115 211-213 221 311-339 42 48-~9 5:1. (ti':J(cluding 512131 and ')12132) 523-525 Ca:~d~rs 'j413, 5415, 51.16, 5117, a.nd 5419 551 9/.214 0 # nesc::ription Crop Production Animal Product:ion Forestry and Logging Commen::ia.l Fishing Support ActivitiAB for AgricUlture and Forestry Mining lltHjties Manufactu.dng Wholesale 'rt'13.cle Transportation and Warehousing InformOltion (excluding Il\(1v.i E' theaters and drive-in thc;;.tcrs) Secl)r:i t.ies, Conunodity Contract::" <l.fld Other F'inar,c::ial InvestmRnts and Re1aled Activities; InsuranCe ~nd Related Act.ivities: ~unds, Trusts, and Other Pjn~ncial Vehic].e~ ScienL.i,f:j c:: Research Ol.nd D9.vclopment S~rvice5 Management of Cornpanj.es ~nd Enterpri5cs Correctional Institutions (1 f;) "Corporate headquarters faeil itles" means buildings propo~ed for construction or occupancy as the principal office for a business enterprise';, administrative and management services. Sec. 3, (a) It is hereby found, determined, and declared; Findings and Construction (1) lhat the present and prospective right to gainful employment and gencral welfare of the people of this stalc require as a public purpose the promotion and development of new and expanded business enterprises and the promotion and development of job training: <Text of subsec. (a)(2) as amended by ^ct~ 1999, 76th Leg" cll. 296, ~ 3> (21 thal the existence, devclopment, and expansion ofbllsiness, commerce, industry, and higher education are essential to the c(;onomic growth of the state and to the full employnient. welfare, Clnd prosperity of its citizens; <Text of subsec. (a)(2) as amended by Acts 1999, 76th Leg., ch. 865, ~ 2> Copr, It., 2004 West. No Claim to Orig. U.S. Oovt. Works. 10/03/2003 10:54 8174852835 ROSS T FOSTER P C PAGE 02/08 TO: FROM: DATE: SUJBJECT: MEMORANDUM PRIVILEGED - DO NOT GENERALLY DISTRIBUTE Bill Lindley, City Manager, City of Colleyville Ross T. Foster, City Attorney October 3, 2003 Use of 48 Revenues/Supplement You have responded to my Memorandum of September 24, 2003 regarding the use of 4B Funds by asking for a clarification. You state in your memo "[w]hile reading through the supplemental information provided, it would appear that ColleyviUe could use 4B funds for 4A related activities. This is based on a reading of 1 ,C and 2, 2.a and 2.b." Vou reference Section 4B(a)(1)(c) as indicating the City can use 4B funds for 4A purposes. Section 4B(a)(1)( c) only states that if 4A of the Act applies to the City then you are al$(I an "eligible city" for 4B. It has nothing to do with the use of the funds. Vou reference Section 4B(a)(2) and its sub-sections for your belief that 4B funds may be used for 4A purposes. It is assumed that this beliefis based on the fact the definition of , 'Project" in 4B(a)(2) includes all projects included in the definition in Section 2(11)(a) of the Act, to which 4A relates. However, this is incorrect. Strangely enough, although the definition of "project" under 4B includes the projects defined in Section 2(11)(a) ofthe Act, Section 4B(g) which governs the use of the funds only allows the payment of the cost of projects, which are defined in 4B(a)(2) but not defined in Section 2(11)(a) ofthe Act. Section 4B(g) of the Act provides as follows: 10/03/2003 10:54 8174852835 ROSS T FOSTER P C PAGE 03/08 ( "(g) On receipt of the proceeds that the sales and use tax imposed under this Section [4B] from the comptroller, the eligible city shall deliver the proceeds to the corporation. Tax proceeds may be used to: (1) Pay the cost of projects of the types added to the definition of that term by sub~section (a) of this section; or (2) Pay the principal of, interest on, and other costs related to bonds or other obligations issued by the corporation to pay the cost of projects or to refund bonds or other obligations issued to pay the cost of projects," As indicated in my previous memo talking in terms of the use of 4B revenues for 4A purposes is confusing, and potentially misleading. The following methodology should be used to dett:nnlne whether a particular use of 4B revenues is allowed: (1) The project must be ofa type that is.add.e.d to the original definition of the term '~projects" in Section 2(11)(a) by Section 4B(a)(2) of the Act?l (2) Assuming the project is of the type added, then the proposed expenditure must constitute "costs" as that term is defined in. the Act. Section 2(4) of the Act defines "costs" as fol1ows: "(4) 'Costs' as applied to a project shalt mean and embrace the cost of acquisition, clean-up, construction, re- construction, improvement, and expansion, including the cost of the acquisition of all land, rights of way, property rights, easements, and interests, the cost of all machin.ery and equipment, financing charges) inventory, raw materials and other supplies, research and development costs~ interest prior to and during construction and for one year after completion of construction whether or not capitalized, necessary reserve funds, cost of estimates and of engineering and legal services, plans; specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to detennining the feasibility and practicability of acquiring, cleaning, constructing, reconstructing, improving, and expanding any such project, administrative expense and such other expense as 1 The relevant definitions are attached for your convenience. 10/03/2003 10:54 8174852835 ROSS T FOSTER P C PAGE 04/08 may be necessary or incident to the acquisition, cleanup, construction, reconstruction, improvement, and expansion thereof, the placing of the same in operation, and the financing or refinancing of any such project, including the refunding of any outstanding obligations, mortgages, or advances issued, made Of given by any person for any of the aforementioned costs," Assuming the proposed expenditure meets both of the foregoing tests 4B funds may be used. Ifboth tests ate not met the funds may not be used? If you have any questions, please contact me. RTF RTF':dk Attachment 2 As pointed out in prior memo, the foregoing analysis is predicated upon Attorney General Opinions concerning the proper interpretation of the statute. There is case law which arguably would allow for a much broader interpretation. 10/03/2003 10:54 r- .' 8174852835 ROSS T FOSTER P C PAGE 05/08 ( " Page 2 after completion of construction whether or not capitalized, necessary reserve funds, cost of esthnstes and of engineering and legal services, plans~ specifications, surveys, estimates of cost ;and of revenue, other expenses necessary or incident to determining the feasibility and practicability of acquiring, cleaning, constructing, reconstructing, improving, and expanding any :mch project, administrative expense and such other expense as may be necessary or incident to the acquisition, cleanup, construction, reconstruction, improvement, and expa.nsion thereof~ the placing of the same in operation, and the financing or refinancing of any such project, including the refunding of any outstanding obligations, mortgages. or advances issued, made or given by any person for any of the aforementioned costs. (5) IICity" shall mean any municipality of the state incorporated under the provisions of (i) any general or special law or (ii) the home-rule amendment to the constitution. (6) "County" shall mean a county ofthis state. (7) "County alliance" means two or more counties that j oindy authorize the creation of a corporation under this Act. (8) "District" shall mean a conselVation and reclamation district established un.der authority of Article XVI, Section 59, ofthe Texas Constitution. (9) "Governing body" shall mean the board, council, corrunission, commissioners court, or legislative body of the unit. (10) "Industrial development corporation" shall mean a corporation created and existing under the provisions of this Act as a constituted authority for the purpose of financing one or more projects. ff~~J u,'~ .;, ,6- 0"<' :-,tU ~ .~ 3;). ~\~ (ll)(A) "Proje~t shall mean the land, buildings, equipment, facilities, expenditures, targeted infrastmcture, and improvements (one or more) that are for the creation or retention of primary jobs and that are found by the board of directors to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities, research and development facilities, transportation facilities (including but not limited to airports, ports, mass commuting facilities, and parking facilities), sewage or solid waste disposal facilities, recycling facilities, air or water pollution control facilities, facilities for the furnishing of Wf\ter to the general public, distribution centers, small warehouse facilities capable of serving as decentralized storage and distribution centers, primary job training facilities for use by institutions of higher education, and regional or national corporate headquarters facilities. "Project" also includes job training required or suitable for the promotion of development and expansion of business enterprises and other enterprises described by this Act, as Copr. ~ West 2003 No Claim to Orig. U.S- Govt. Works 10/03/2003 10:54 8174852836 ROSS T FOSTER P C PAGE 06/08 ., Page 3 pro\'ided by Section 38 of this Act. "PI'oject" also includes expenditures found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs! water and electric uti1ities~ gas utilities, drainage and related improvements, and telecommunications and Internet improvements. (B)~ (C) Repealed by Acts 2003, 78th Leg., ch. 1132, ~ 13. "Federally assisted new communities" shaH mean those federally assisted areas which have rece:ived or will receive assistance in the form of loan guarantees under Title X of the National Housing Act and a portion of the federally assisted area has received grants under Secdon 107(a)(1) of the Housing and Community Development Act of 1974, as amended. (12) "Resolution" shall mean the resolution, order, ordinance, or other official action by the governing body of a unit. (13) "Unit" shall mean a city, county, or district which may create and utilize a corporation. . ' (14) "Bonds" includes bonds, notes, and other evidences of indebtedness. <Text of sub sec. (15) as added by Acts 1999, 76th Leg., ch. 296, ~ 2> (15) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. <Text of sub sec. (15) as added by Acts 1999, 76th Leg., ch. 973, ~ 1> (15) "User" means an individual, partnership, corporation, or any other private entity, whether organized for profit or not for profit, or a city, county, district, or any other political subdivision, public entity, or agency of the state or federal government. (17) [FN2] "Primary job" means ajob that is: (A) available at a company for which a majority of the products or services ofthat company are: ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and Copr. 0 West 2003 No Claim to Orig, U.S. Govt. Works , ". Sec. 4B. (a) In this section: ------ -- -~.',.'1f,~:~ - ..~. S" . '~. .~~~~'-. .; .',~t:~~ .~~.~ , . 10/03/2003 ROSS T FOSTER P C PAGE 07/08 ( (1) "Eligible city" means a city: (A) that is located in a county with a population of 500.,000 or more, according to t~ recent federal decennial census and in which the combined rate of aU sales and u~ imposed by the city, the state, and other political subdivisions of the state having territory in the city docs not exceed 8.25 percent on the date of any election held under or . . applicable to this section; (B) that has a population of 400,000 or more, according to the most recent federal dCI census, and that is located in more than one county, and in which the combined rat, sales and usc taxes imposed by the city, the state, and other political subdivisions oftJ having territory in the city, including taxes under this section, does not exceed 8. 25 r or (C) to which Section 4A of this Act applies. ~~~ ~"\ ~, o~<fJ":> (2) "Prq,ject" means land, buildings, equipment, facilities, expenditures, and improvements induded in the definition of that term under Section 2 ofthis Act, and i neludes job train ing as provided by Section 38 of this Act. For purposes of this section, the term includes rec.ycling facilities, and land, buildings, equipment, faciHties, and improvements found by the' board of directors to: (A) be required or suitable for lIse for professional and amateur (including children's) sports, athletic, entertainment~ tourist, convention~ and public park purposes and events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, parks and park facilities, open space improvements, museums, exhibition facilities, and related store, resl:aurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, and other related improvements that enhance any of those items; (8) promote or develop new or expanded business enterprises that create or retain primary jobs, including a project to provide public safety facilities, streets and roads, drainage and rclated improvements, demolition of existing structures, general municipally owned improvements, as welI as any improvements or facilities that are related to any of those projects and any other project that the board in its discretion detennines promotes or devdops new or expanded business enterprises that create or retain primary jobs; (C) be required or suitable for the promotion of development and expansion of affordable housing, as defIned by 42 D.S.C. Section 12745; Copr. to We5t 2003 No Claim to Orig. U.S. Govt. Works 10/03/2003 10:54 f 8174852835 ROSS T FOSTER P C PAGE 08/08 Page: 18 (0) be required or suitable for the development or improvement of water supply facilities, including dams, transmission lines, well field developments, and other water supply alternatives; or (E) be required or suitable for the development and institution of water conservation programs, including incentives to install water~saving plumbing fixtures, educational programs, brush control programs, and programs to replace malfunctioning or leaking water lines and other water facilities, (a-1) A corporation may undertake a project under this section unless within 60 days after first publishing notice of a specific project or type of general project the governing body of the city receives a petition from more than 10 percent of the registered voters of the city where the petition requests that an election be held before that specific project or that general type: ofproject is undertaken. An election is not required to be held after the submission of a pe:tition if the qualified citizens of the city have previously approved the undertaking of a specific project or that general type of project at an election called for that purpose by the gov':ming body of the city or in conjunction with another election required to be held under this section. .' (a-2) The costs of a publicly owned and operated project that is purchased or constructed under this section include the maintenance and operating costs of the project, and the pro~~eeds of taxes may be used to pay the maintenance and operating costs of a project, unh,~ss within 60 days after first publishing notice of this specific use of the proceeds of the taxe:s the governing body of the city receives a petition from more than 10 percent of the registered voters of the city where the petition requests that an election be held before the pro,::eeds of taxes imposed under this section may be used to pay the maintenance and operating costs of a project. An election is not required to be held after the submi,ssion of a pt~tition if the qualified citizens of the city have previously approved that the costs of a publicly owned and operated project purchased or constructed under this section include the maintenance and operating costs of the project and that the proceeds of taxes may be used to pay the maintenance and operating costs ofa project) at an election called for that purpose by the governing body ofthe city or in conjunction with another election required to be held und.er this section. The election in this subsection shall not be required in a municipality located in a county with a population in excess of 1.3 million that has held an election prior to February 1, 1993, under this section and at which election the additional sales tax was approved. (a-3)(I) A city that creates or has created a corporation governed by this section may submit to th.e voters of the city, at a separate election to be held on a uniform election date or at an elel;;tion held under another provision of this Act, including the election at \vhich the proposition to initially authorize the collection of a sales and use tax for the benefit of the corporation is submitted, a ballot proposition that authorizes the corporation to use the sales Copr. (') West 2003 No Claim to Orig_ U.S. Govt, Works RESOLUTION R-04-68 A RESOLUTION RATIFYING CORPORATE BOARD ACTION UNDER BUSINESS FOR THE MEETING OF THE BOARD OF DIRECTORS OF THE COLLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION DECEMBER 1,2004 WHEREAS, the Board of Directors has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec 1 . THAT the agenda decisions approved by the Board of Directors of the Colleyville Economic Development Corporation under Business this date and not otherwise adopted by separate Resolution, as follows are hereby adopted. THAT AND IT IS SO RESOLVED. PASSED AND ADOPTED, this December 1, 2004. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Jon Ayers President ATTEST: Cynthia Singleton Secretary