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
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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
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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 %
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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
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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
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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
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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.
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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:
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(
"(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.
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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.
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(
"
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
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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
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,
".
Sec. 4B. (a) In this section:
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(
(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;
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(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
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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