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HomeMy WebLinkAboutColleyville Economic Development Corporation (CEDC)-Agenda Packets-8/22/2005 city Of Tc xa s PUBLIC NOTICE ON TUESDAY, AUGUST 23, 2005, 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-05-79 - CONSENT ITEMS: a. Approval of minutes of the Colleyville Economic Development Corporation Board of Directors meeting held June 7, 2005 b. Approval of the Annual Review of the Corporation's Investment Policy PUBLIC HEARINGS: 3. READING AND PUBLIC HEARING - RESOLUTION R-05-80 - Appointing a Colleyville Economic Development Corporation President and Vice President 4. READING AND PUBLIC HEARING - RESOLUTION R-05-81 - Adopting the Economic Development Capital Improvement Program (EDCIP) for 2006-2010 5. READING AND PUBLIC HEARING - RESOLUTION R-05-82 - Adopting the Fiscal Year 2006 Budget 6. READING AND PUBLIC HEARING - RESOLUTION R-05-83 - Approving an Amendment of the Bylaws of the Colleyville Economic Development Corporation REPORTS: 7. ANNUAL ACTIVITY REPORT 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 8. ANNUAL INVESTMENT REPORT 9. READING AND PUBLIC HEARING - RESOLUTION R-05-84 - Discussion and consideration of a Resolution ratifying Corporate Board action for the meeting of August 23, 2005 ADJOURNMENT: 10. ADJOURNMENT RESOLUTION R-05-79 A RESOLUTION APPROVING BOARD ACTION UNDER CONSENT ITEMS AT THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MEETING OF AUGUST 23, 2005 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 June 7, 2005, are hereby approved. b. THAT the Annual Review of the Corporation's Investment Policy, is hereby approved. AND IT IS SO RESOLVED. APPROVED AND ADOPTED, this August 23, 2005. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Jon Ayers President ATTEST: Cynthia Singleton Secretary MINUTES OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS MEETING JUNE 7, 2005 The meeting of the Colleyville Economic Development Corporation Board of Directors was called to order by President John Ayers on June 7, 2005 at 5:17 p.m. ROLL CALL: Directors John Gray, Rich Hendler, Mark Skinner and John Terhoeve were present. President Jon Ayers, General Manager Bill Lindley, Finance Manager Terry Leake, and Secretary Cynthia Singleton were also present. Director Elaine Dolan was absent. Mr. Jim Sabonis of First Southwest Company and Mr. Bob Dransfield of Fulbright & Jaworski LLP, also attended. CONSENT: 2. CONSIDERATION OF CONSENT RESOLUTION R-05-76- CONSENT ITEMS: a. Approval of minutes of the Colleyville Economic Development Corporation Board of Directors meeting held May 11 , 2005 President Ayers opened the public hearing and read Resolution R-05-76 in its entirety. There was no one present wishing to speak concerning this item and President Ayers closed the public hearing. Director Hendler moved to approve Resolution R-05-76. Director Terhoeve seconded the motion. Ayes: Directors Terhoeve, Gray, Hendler, Skinner and President Ayers Nays: None President Ayers declared the motion carried. CEDC MINUTES JUNE 7, 2005 PUBLIC HEARINGS: 3. PUBLIC HEARING - Colleyville Economic Development Corporation undertaking park projects Finance Director Terry Leake stated that state law requires that a public hearing be held if an Economic Development Corporation will be undertaking a project using bond money. President Ayers opened the public hearing. There was no one present wishing to speak concerning this item and President Ayers closed the public hearing. General discussion ensued regarding the bond issuance scenarios. Mr. Bob Dransfield of Fulbright & Jaworski LLP, provided information regarding the refunding process and answered questions of the Board. 4. READING AND PUBLIC HEARING - RESOLUTION R-05-77 - Authorizing the issuance of Colleyville Economic Development Corporation (CEDC) Refunding and Improvement Sales Tax Subordinate Lien Revenue Bonds, Series 2005 President Ayers opened the public hearing and read Resolution R-05-77 in its entirety. There was no one present wishing to speak concerning this item and President Ayers closed the public hearing. General Manager Bill Lindley provided an overview of the refunding options. Director Hendler moved to approve Resolution R-05-77, with bond issuance scenario C. which states, Refund existing debt and issue $2,000,000 in new debt and the bonds would be repaid through FY2029. Director T erhoeve seconded the motion. Ayes: Directors Dolan, Terhoeve, Gray, Hendler, Skinner and President Ayers Nays: None President Ayers declared the motion carried. 5. READING AND PUBLIC HEARING - RESOLUTION R-05-78 - Discussion and Consideration of a Resolution ratifying Corporate Board action for the meeting of June 7, 2005 2 CEDC MINUTES JUNE 7, 2005 This Resolution was not needed. ADJOURNMENT: 6. ADJOURNMENT There being no further business before the Board, President Ayers declared the meeting adjourned at 5:25 p.m. APPROVED THIS AYES DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton Secretary 3 CEDC CC@mi<l AGENDA BRIEFING Tl~X~~ MEETING DATE: ! ITEM#: I RESOLUTION: I 08/23/05 2b R-05-79 GENERAL MANAGER ' DEPARTMENT HEA FINANCE MANAGER ! Previous Action: None DEPARTMENT: FINANCE SUBJECT: Approval of the Annual Review of the Corporation's Investment Policy - by Consent A section in the Public Funds Investment Act requires that an entity's governing body review the investment strategy of the entity annually. The Corporation's investment strategy is contained in the section entitled, "Investment Strategy" and is presented for the Board's review. As an additional note, there are no changes proposed to the existing policy. Financial Impact None Recommendation Approval Attachments · Colleyville Economic Development Corporation Investment Policy COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION INVESTMENT POLICY Policy It is the policy of the Colleyville Economic Development Corporation (the Corporation) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the Corporation including: General Fund Debt Service Fund Capital Projects Fund and any new fund created by the governing body, unless specifically exempted by the governing body. Objectives The primary objectives, in priority order, of the Corporation's investment activities shall be: Safety: Safety of principal is the foremost objective of the Corporation in managing its portfolio. Investments of the Corporation shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the Corporation will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The Corporation will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The Corporation investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of retu rn. For bond fu nds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the Corporation will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The Corporation designates the Investment Officers to be the Corporation Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Manager with the specific day-to-day performance of managing the funds of the Corporation. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the Colleyville Economic Development Corporation and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: 1. The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the Corporation. Prudence Investments shall be made with judgement and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the Corporation in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Board meeting. It is the policy of the Corporation that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the Corporation (General Manager and Finance Manager and the Assistant to the Finance Director of the City of Colleyville) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Manager shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71 st Legislature: 1. Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance Corporation, FSLlC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the Corporation, and deposited with a safekeeping agentforthe duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the Corporation's available funds. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the Corporation: 1. Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the Corporation participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The Corporation will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Diversification by Instrument Percent of Portfolio U.S. Treasury Obligations (Bills, Notes and Bonds), U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations 100% 75% Certificates of Deposit (CD's) Commercial Bank's 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The Corporation shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The Corporation will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions As the Corporations investments are managed by the investment officers of the City of Colleyville, the Corporation shall utilize the broker/dealers selected by the City of Colleyville. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the Corporation must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the Corporation. Safekeeping All marketable securities purchased by the Corporation shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the Corporation listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the Corporation, depository which pledged the collateral, and the third party custodian of the collateral. The Corporation will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the Corporation. Either the Corporation Manager or the Finance Manager must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The Corporation will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Manager. The following percentages constitute the minimum market value for collateral instruments that are pledged for the Corporation's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio 1. U.S. Treasury bills, notes, and bonds a. maturing within 1 year b. maturing in 1-5 years c. maturing in more than 5 years 102% 105% 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year b. maturing in 1-5 years c. maturing in more than 5 years 103% 107% 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year b. maturing in 1-5 years c. maturing in more than 5 years 102% 105% 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years c. maturing in more than 5 years 110% 115% Collateral shall be audited annually be the Corporation's independent auditor and may be audited by the Corporation at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the Corporation's yield from investing certain tax-exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the Corporation compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the Corporation's arbitrage position, the Corporation is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the Corporation. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the Corporation is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the Corporation will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements Included as a part of the City of Colleyville's quarterly investment report, Finance Manager shall issue a written report concerning the Corporation's investment transactions for the preceding quarter and describing in detail the investment position of the Corporation as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the General Manager and Finance Manager. Training Requirements Both the Finance Manager and Assistant to the Finance Manager shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. GLOSSARY AGENCIES - Federal agency securities and/or Government-sponsored entities. BENCHMARK - A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BROKER - A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT - A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's a typically negotiable. COLLATERAL - Securities, evidence of deposit, or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. DEALER - A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT - Delivery verses payment is the delivery of a security and there is an exchange of money after the delivery of the security. DISCOUNT SECURITIES - Non-interest bearing money market instruments that are being issued at a discount and redeemed at maturity for full face value, e.g Treasury Bills. DIVERSIFICATION independent returns. Dividing instruments among securities offering FEDERAL CREDIT AGENCIES - Agencies of the Federal government set up to supply credit to various classes of institutions and individuals e.g.savings and loans, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) - A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL HOME LOAN BANKS (FHLB) - Government sponsored regional wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. 'The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) - FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. It a federal corporation and the largest single provider of residential mortgage funds in the United States. FNMA's securities are highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA) - Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations. Security holder is backed by the full faith and credit of the US Government. LIQUIDITY - A asset that can be converted quickly and easily to cash. LOCAL GOVERNMENT INVESTMENT POOL - An investment by local governments in which their money is pooled as a method for managing local funds. MARKET VALUE - The price at which a security is trading and could presumable be purchased or sold. MASTER REPURCHASE AGREEMENT - A written contract covering all future transactions between the parties to repurchase - reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY - The date upon which the principal or stated value of an investment becomes due and payable. MUTUAL FUND - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by Securities and Exchange disclosure guidelines. PORTFOLIO - Collection of securities held by an investor. PRIMARY DEALER - A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to informal oversight. PRUDENT PERSON RULE - An investment standard outlining fiduciary responsibilities of public funds investors relating to investment practices. RATE OF RETURN - The yield obtainable on a security based on its purchase price or its current market price. REPURCHASE AGREEMENT - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. REVERSE REPURCHASE AGREEMENT - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. SAFEKEEPING - Holding of assets (e.g. securities) by a financial institution. TREASURY BILLS - A non-interest bearing discount security issued by the US Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. The yields on these bills are monitored closely for interest rate trends. TREASURY BONDS - Long term US government debt securities with maturities of ten to thirty years. TREASURY NOTES - Intermediate term US government debt securities with maturities of one to ten years. YIELD - The current rate of return on an investment security generally expressed as a percentage of the securities current price. CEDC (FV,~ ~~-5'ilC6 'ic.-x:\$ AGENDA BRIEFING MEETING DATE: 08/23/05 GENERAL MANAGER I ~ ~ ITEM#: 3 DEPARTMENT HEAD ~ c' ~ 1 RESOLUTION: t R-05-BO FINANCE MANAGER I Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT : Appointing a Colleyville Economic Development Corporation President and Vice President Reading and Public Hearing On August 24, 2004, Director Jon Ayers was elected President and Director Elaine Dolan was elected Vice President of the Colleyville Economic Development Corporation. As per Article III, Officers, the President and Vice President shall be elected by the Board and shall serve a term of one (1) year. The President and Vice President shall continue to serve until their successors are appointed as provided in Article II, Section I. This item provides for the Board of Directors to elect a President and Vice President of the Colleyville Economic Development Corporation to serve a one-year term. Financial Impact None Recommendation Approval Attachments . Excerpts of the CEDC Bylaws . Resolution R-04-62 . Resolution R-05-80 C. The Secretary of the Corporation shall act as Secretary of all meetings of the Corporation, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meetings and shall cause such official minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 6. COMMITTEES OF THE BOARD An official committee of the Board shall consist of two (2) or more directors. 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 ofthe 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 7. COMPENSATION OF DIRECTORS The directors, including the President and Vice President, shall not receive any salary or compensation for their services. However, directors may be reimbursed for their actual expenses incurred in the performance of their duties hereunder, including but not limited to the cost of travel, lodging and incidental expenses reasonably related to the corporate duties of the Board. Travel expenses incurred by directors for both regular and special meetings are not eligible for reimbursement. ARTICLE III. OFFICERS SECTION 1. TITLES AND TERM OF OFFICE The President and Vice President shall be elected by the Board and shall serve a term of one (1) year. The President and Vice President shall continue to serve until their successors are appointed as provided in Article II, Section 1. SECTION 2. POWERS AND DUTIES OF THE PRESIDENT The President shall be the chief executive officer of the Corporation, and shall preside at all meetings of the Board, and absent any different designation by a majority of the Board, shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes in the name of the Corporation. In addition the President shall: -4- I I ! i I( ! I j I Ii 1\ II I , I I i I I RESOLUTION R-Q4-62 A RESOLUTION APPOINTING A COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION PRESIDENT AND VICE PRESIDENT WHEREAS, in accordance with Article III, Officers, the President and Vice President shall be elected by the Board and shall serve a term of one (1) year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1. THAT Director Jon Ayers shall be appointed to serve as President of the Colleyville Economic Development Corporation. Sec. 2. THAT Director Elaine Dolan shall be appointed to serve as Vice President of the Colleyville Economic Development Corporation. AND IT IS SO RESOLVED. PASSED AND ADOPTED, THIS AUGUST 24, 2004. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ~~'L~ - Mark Skinner President ~~~ Cynthia Singleton Secretary RESOLUTION R-05-80 A RESOLUTION APPOINTING A COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION PRESIDENT AND VICE PRESIDENT WHEREAS, the by-laws of the Colleyville Economic Development Corporation require the President and the Vice President shall be elected by the Board and shall serve a term of one year; and WHEREAS, the President and Vice President shall continue to serve until their successors are appointed as provided in Article II, Section 1; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1. THAT the following persons have been nominated and confirmed by a full quorum of the Colleyville Economic Development Corporation Board of Directors to serve for a one (1) year term as prescribed by Article III, Section 1. President: Vice President: AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2005. ABSTENTIONS COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION President ATTEST: Cynthia Singleton Secretary CEDC rne<ll (("x:\$ AGENDA BRIEFING MEETING DATE:! 08/23/05 GENERAL MANAGER ITEM #: ! 4 DEPARTMENT HEAD RESOLUTION #: i R-05-81 FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT : Adopting the Economic Development Capital Improvement Program (EDCIP) for 2006-2010 Reading and Public Hearing The CEDC Bylaws require the Board to develop a combined Economic Development Capital Improvement Program (EDCIP) annually, which sets forth long and short-term goals. This program "shall be one that addresses the development needs of the City within the financial constraints available to the Corporation". The "EDCIP shall identify the projects to be undertaken by the Corporation and include proposed methods and the expected cost of the implementation". After the EDCIP is developed, it must be approved by the City Council. Staff will provide an overview of current and future park projects, including master plans and cost estimates and review the priorities established and recommended by the Parks and Recreation Advisory Board at their August 1, 2005 meeting. (See attached report) For the Boards information, the current EDCIP for FY 2005-2009 is included as Exhibit 1. For the FY 2006-2010 EDCIP, Exhibit 2 shows revenue and expenditure changes being proposed. In FY2006, funding is being allocated for the following projects: · ADA Improvements - Nature Center Park . McPherson Park Phase I . City Park Road Extension · Pleasant Run Practice Field Parking Lot . Senior Center Facility, FF&E and Renovation . Parkland Purchase . Citywide Irrigation Monitoring System . Trail Construction . Marketing $ 95,000 $ 638,000 $ 130,000 $ 50,000 $ 1,350,000 $ 400,000 $ 50,000 $ 80,000 $ 80,000 Financial Impact The revenue estimate is one-half of the sales tax revenue estimate in the City's proposed FY 2006 budget. FY 2007-2010 includes a 4% increase due to growth resulting from SH 26/Colleyville Boulevard construction. CEDC briefing Page 2 of 2 Recommendation Approval Attachments . Memorandum From Monica Sue Walsh - Overview of Current and Future Park Projects . Exhibit 1 - FY 2005-2009 EDCIP . Exhibit 2 - Proposed FY 2006-2010 EDCIP . Resolution R-05-81 MEMORANDUM TO: FROM: Paul Frederiksen, Assistant City Manager /(' / ;t~ tv Monica Sue Walsh, Parks and Recreation Director ~>we DATE: August 16,2005 SUBJECT: Economic Development Capital Improvement Program (EDCIP) for FY2006-2010 Among the primary responsibilities of the Colleyville Economic Development Corporation (CEDC) Board of Directors is the adoption of a five-year plan and an annual budget. The five-year plan was last updated in August 2004 and is attached for your reference. Historically, the CEDC Board has limited the use of funds to capital expenditures and a small administrative charge. The plan for FY2006-2010 strives to maintain this philosophy. Many of the projects in the plan are related to the Parks and Recreation Department. On August 1, 2005, the Parks and Recreation Advisory Board established their priorities. (See attached). In consideration of establishing their priorities, the Parks and Recreation Advisory Board reviewed the citizen priorities based on the Comprehensive Parks, Recreation and Open Space Master Plan. (See attached). The proposed FY2006-2010 EDCIP attempts to incorporate some of the Parks and Recreation Advisory Board identified priorities: 1. McPherson Park, Phase I 2. Cotton belt Trail, Phase III 3. Park Land Purchase 4. McPherson Park, Phase II 5. Pleasant Run Practice Park, Phase II 6. Little Bear Creek Trail Extension 7. ADA Improvements 8. McPherson Park, Phase III (t) Senior Center (t) 9. New Tennis Courts 10. Bransford Park, Phase II (t) Park Maintenance Facility (t) 11. Longwood Trail 12. Recreation Center 13. McPherson Park, Phase IV 14. Uniform Park Signage (t) Denotes tie vote Revenue The sole source of revenue for the CEDC budget is a one-half cent sales tax. The revenue projection in this plan includes the estimated amount to be received in FY2005 and increases the sales tax revenue to the amount in the proposed FY2006 City of Colleyville General Fund budget. These changes are proposed to accommodate the revised revenue projection and to retain the fund balance at an acceptable level. Projects The proposed EDCIP plan proposes $638,000 in FY 2006 for Phase I of McPherson Park, which includes a walking trail, picnic and playground areas, entry road, fishing pond, unstructured play areas, recreation amenities and pavilion with a restroom. McPherson Park, Phase I, is priority number 1 of the Parks and Recreation Advisory Board. The total cost of this project is approximately $1.9 million with proposed funding allocations from CEDC ($638,000), Parkland Dedication ($855,00) and Voluntary Park Funds ($500,00). The proposed EDCIP plan proposes $400,000 in FY2006 for the purchase of parkland. The purchase of parkland is priority number 3 of the Parks and Recreation Advisory Board. The proposed EDCIP plan proposes $95,000 in FY2006 for ADA improvements to the Nature Center and $125,000 in FY2007 for Sparger Park. The ADA improvements are priority number 7 of the Parks and Recreation Advisory Board. The proposed EDCIP plan proposes $1,200,000 in FY 2006 for the Senior Center facility and $150,000 in FF&E and renovations. The Parks and Recreation Advisory Board ranked the Senior Center as priority number 8 along with McPherson Park Phase III. Additionally, the proposed plan provides funding for the allocation of $80,000 in FY2006, $100,000 in FY2007, $70,000 in 2008 and $100,000 in 2010 for trail construction. Also in FY 2006 $130,000 for City Park Road extension, $50,000 in Pleasant Run Practice Field Parking Lot and $50,000 in Citywide Irrigation Monitoring System. In addition to the parks and recreation related improvements proposed FY2006- 2010 EDCIP plan, this plan also provides for the allocation of $400,000 for Marketing in FY2006-201 0, with an annual allocation of $80,000. The proposed EDCIP plan proposes $108,000 in FY2007 and $300,000 in FY2010 for Open Area Development in conjunction with the Senior Center facility. The construction of the Cotton belt Trail, Phase III, from John McCain Road (north) to the Grapevine city limits and the Little Bear Creek Trail Extension from the Nature Center to Sparger Park are planned for future grant funding. The Little Bear Creek Trail Extension is priority 6 of the Parks and Recreation Advisory Board. The Cottonbelt Trail Phase I is complete. The Cotton belt Trail Phase II in conjunction with the City of Hurst is currently under design. Cotton belt Trail Phase III will be the final phase of the regional trail system located within the City of Colleyville. This phase of the project will be constructed during the construction of the planned improvements for SH26. The design of the trail will need to be completed prior to the construction of the highway, which is scheduled for 2007. The proposed EDCIP plan proposes $300,000 in FY2010 for trail grant opportunities. The Parks and Recreation Advisory Board ranked Cottonbelt Trail Phase III priority number 2 and Little Bear Trail Extension priority number 6. The proposed EDCIP plan proposes $500,000 in FY 2009 for Phase II of the McPherson Park, which includes expanded parking; demolish brick house, Park Service Center improvements, pavilions at lower unstructured open space area, turf, landscaping and irrigation. McPherson Park, Phase II, is priority number 4 of the Parks and Recreation Advisory Board. Conclusion With limited funds and multiple projects, the recommended five-year plan does not provide sufficient resources for every project identified as a priority of the Parks and Recreation Advisory Board or the City Council. It does provide funds for McPherson Park, Phase I and II, ADA improvements to the Nature Center and Sparger Park, City Park Road Extension, Pleasant Run Practice Field Parking Lot, Parkland Purchase, Senior Center, Citywide Irrigation monitoring System, Citywide Trail System and leaves open the possibility of additional funds if the sales tax receipts exceed projections. Recommendation Staff recommends that the CEDC Board approve the five-year plan, as proposed. PARKS AND RECREATION ADVISORY BOARD CIP PRIORITIES At the Parks and Recreation Board meeting on August 1, 2005 the Board prioritized the following CIP projects: PRIORITY LIST One being the most important (t) - indicates a tie McPherson Park - Phase I 1 Cottonbelt Trail - Phase III 2 Park Land Purchase 3 McPherson Park - Phase II 4 Pleasant Run Park"':' Phase II 5 Little Bear Creek Trail Extension 6 ADA Improvements 7 McPherson Park - Phase III 8 t Senior Center 8 t New Tennis Courts 9 Bransford Park - Phase II 10 t) Parks Maintenance Facility 10 ( t) LonQwood Trail 11 Recreation Center 12 McPherson Park - Phase IV 13 Uniform Park Signage 14 (/) -1-1 U (]J .~ o 1- c.. -1-1 C (]J E (]J > o 1- c.. E 1--1 - co -1-1 .- c.. CO U LJ) o o N (J) Q) .- ...., .- "- o .- "- a.. "C C m c o .- ..., m cu I.. 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I-oot I-oot I-oot 1-oot~1-oot== cu ta I-oot cu cu U).c cu U) U) cu~D. ~~ ~ U) ~~D.-c.cD.D.~ .w.c~taD.~~cu CUi-D.~i-i-E custaci-ta tacu uD.D.:JtaD.D.> C c~D.cco o"'Co "'Cooi- 1- C U) .w i- U) U) Q. 1ijtai-COi- i-E cu"'~m~~~1-oot O-CD.tacD.D.<Cecutau.!fuuQ ~D.~D.I:Q~~<C ...:iNrti~uiui"":cci COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2005 - FY 2009 Exhibit 1 FISCAL YEAR PROJECTED 2004 2005 2006 2007 2008 2009 BEGINNING FUND BALANCE $828,549 $947,548 $512,617 $405,440 $433,289 $495.947 PROJECTED 1/2 CENT SALES TAX REVENUE $809,000 $847.800 $890.190 $925,798 $962.830 $1,001,343 INTEREST INCOME $9,780 $18,951 $10.252 $8,109 $8,666 $9,919 USE OF FUND BALANCE $147.793 $677,376 $349,000 $216,000 $182,000 $138,000 TOTAL REVENUES $966,573 $1,544,127 $1.249,442 $1,149,906 $1,153,495 $1.149.262 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5.000 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $666,044 $665,606 $666,306 $666,306 $665,606 $664,049 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $174,517 $179,549 $177,360 $175,174 $179,767 $177,142 CAPITAL: COLLEYVILLE CENTER CHAIR REPLACEMENT $0 $50,000 $0 $0 $0 $0 MC PHERSON LAND PARK PLAN $0 $125,000 $150,000 $150,000 $150,000 $150,000 PARK LAND PURCHASE $0 $0 $150,000 $150,000 $150,000 $150,000 SCHOOL/SOCCER FIELD PARK LAND NOTE $94,380 $0 $0 $0 $0 $0 SENIOR CENTER DESIGN/FURNISHINGS $0 $125,000 $100,000 $0 $0 $0 TRAILS GRANT MATCH $0 $393,000 $0 $0 $0 $0 TOTAL EXPENDITURES $939,941 $1,543.155 $1,248,667 $1.146,480 $1.150.373 $1.146.191 EXCESS REVENUES OVER EXPENDITURES $26,631 $972 $776 $3,427 $3,122 $3,070 ADD BACK.4 TIMES BOND COVERAGE RATIO $240,160 $241,473 $241,048 $240,423 $241,535 $240,340 ENDING FUND BALANCE $947,548 $512,617 $405,440 $433,289 $495.947 $601,357 ASSUMPTIONS: FY 2006: 5% ANNUAL SALES TAX INCREASE / FY 2007 - 2009: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION Exhibit 2 ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 PROJECTED FISCAL YEAR 2005 2006 2007 2008 2009 2010 BEGINNING FUND BALANCE $949,709 $1,230,394 $710,209 $669,533 $627,086 $501,883 PROJECTED 1/2 CENT SALES TAX REVENUE $944,932 $963,831 $1,002,384 $1,042,479 $1,084,178 $1,127,545 INTEREST INCOME $15,435 $36,912 $21,306 $20,086 $18,813 $15,056 2005 BOND SALE PROCEEDS $0 $2,000,000 $0 $0 $0 $0 USE OF AVAILABLE CASH $0 $777,357 $299,223 $302,453 $382,482 $247.204 TOTAL REVENUES $960,367 $3,778,099 $1,322,912 $1,365,018 $1,485,473 $1,389,806 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $900,099 $904,913 $910,018 $900,4 73 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $665,606 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $179,549 $0 $0 $0 $0 $0 MARKETING $0 $80,000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $0 $95,000 $0 $0 $0 $0 SPARGER PARK $0 $0 $125,000 $0 $0 $0 COLLEYVILLE CENTER CHAIR REPLACEMENT $36,000 $0 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $0 $400,000 $0 $0 $0 $0 Phase II $0 $0 $0 $0 $500,000 $0 CITY PARK ROAD EXTENSION $0 $130,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $0 $50,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $0 $400,000 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $0 $1,200,000 $0 $0 $0 $0 FF&E AND RENOVATIONS $35,000 $150,000 $0 $0 $0 $0 OPEN AREA DEVELOPMENT $0 $0 $108,000 $0 $0 $300,000 CITYWIDE IRRIGATION MONITORING SYSTEM $0 $50,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $0 $300,000 $0 $0 TRAIL CONSTRUCTION $0 $80,000 $100,000 $70,000 $0 $100,000 TOTAL EXPENDITURES $921,155 $3,778,099 $1,322,913 $1,365,018 $1,485,473 $1,389,806 EXCESS REVENUES OVER EXPENDITURES $39,213 $0 $0 $0 $0 $0 ADD BACK.4 TIMES BOND COVERAGE RATIO $241,473 $257,171 $258,547 $260,005 $257,278 $258,516 ENDING FUND BALANCE $1,230,394 $710,209 $669,533 $627,086 $501,883 $513,195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2007 - 2010: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION RESOLUTION R-05-81 A RESOLUTION ADOPTING THE ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (EDCIP) FOR 2006-2010 WHEREAS, the Bylaws of the Colleyville Economic Development Corporation require that annually the Board develop a combined Economic Development Capital Improvement Program; and WHEREAS, the program will address the development needs of the City within the financial constraints avail be to the Corporation; and WHEREAS, the EDCIP shall identify the projects to be undertaken by the Corporation and include proposed methods and the expected cost of the implementation. NOW, THEREFORE, BE IT RESOLVED BY THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1. THAT the Economic Development Capital Improvement Program (EDCIP) is hereby attached as Exhibit "A" that lists those projects and programs recommended for implementation for FY 2006-2010. Sec. 2. THAT once approved, the EDCIP will be forwarded to the City Council for their subsequent approval. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2005. ABSTENTIONS COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION President ATTEST: Cynthia Singleton Secretary COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION Exhibit A ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 PROJECTED FISCAL YEAR 2005 2006 2007 2008 2009 2010 BEGINNING FUND BALANCE $949.709 $1.230.394 $710.209 $669.533 $627.086 $501.883 PROJECTED 1/2 CENT SALES TAX REVENUE $944.932 $963,831 $1,002,384 $1.042,4 79 $1.084.178 $1,127,545 INTEREST INCOME $15,435 $36,912 $21,306 $20.086 $18.813 $15,056 2005 BOND SALE PROCEEDS $0 $2,000,000 $0 $0 $0 $0 USE OF AVAILABLE CASH $0 $777,357 $299.223 $302,453 $382,482 $247,204 TOTAL REVENUES $960,367 $3.778.099 $1.322.912 $1,365,018 $1,485,473 $1,389.806 OPERATING ADMINISTRATIVE $5.000 $5,000 $5.000 $5,000 $5,000 $5.000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $900,099 $904.913 $910,018 $900,473 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $665,606 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $179,549 $0 $0 $0 $0 $0 MARKETING $0 $80.000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $0 $95.000 $0 $0 $0 $0 SPARGER PARK $0 $0 $125.000 $0 $0 $0 COLLEYVILLE CENTER CHAIR REPLACEMENT $36.000 $0 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $0 $400,000 $0 $0 $0 $0 Phase II $0 $0 $0 $0 $500,000 $0 CITY PARK ROAD EXTENSION $0 $130,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $0 $50,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $0 $400,000 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $0 $1.200,000 $0 $0 $0 $0 FF&E AND RENOVATIONS $35.000 $150,000 $0 $0 $0 $0 OPEN AREA DEVELOPMENT $0 $0 $108,000 $0 $0 $300,000 CITYWIDE IRRIGATION MONITORING SYSTEM $0 $50,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $0 $300.000 $0 $0 TRAIL CONSTRUCTION $0 $80,000 $100,000 $70,000 $0 $100,000 TOTAL EXPENDITURES $921,155 $3,778.099 $1,322,913 $1,365,018 $1.485,473 $1,389,806 EXCESS REVENUES OVER EXPENDITURES $39,213 $0 $0 $0 $0 $0 ADD BACK .4 TIMES BOND COVERAGE RATIO $241,473 $257,171 $258,547 $260.005 $257.278 $258,516 ENDING FUND BALANCE $1.230,394 $710,209 $669,533 $627,086 $501,883 $513.195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2007 - 2010: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION CEDC cc@m", AGENDA BRIEFING Il"X,,:; .i-. /~ MEETING DATE: 08/23/05 GENERAL MANAGER ! , ~ ITEM#: 5 DEPARTMENT HEAD ~,~\ RESOLUTION #: ! R-05-82 ~" FINANCE MANAGER ! Previous Action: N/A DEPARTMENT: FINANCE SUBJECT: Adopting the Fiscal Year 2006 Budget Reading and Public Hearing Per the Corporate by-laws, the Board of Directors must adopt an annual budget for the Colleyville Economic Development Corporation. Attached is a proposed budget with estimated revenues and expenditures for Fiscal Year 2006 (Exhibit 1A). The revenue estimate is 1/2 of the sales tax revenue estimate in the City's proposed FY 2006 budget. Expenditures include ADA improvements at the Nature Center ($95,000), McPherson Land Park ($238,000- $125,000 of the total is a carry forward from the FY2005 budget), City Park Road extension ($130,000), Pleasant Run soccer practice field parking lot ($50,000), Senior Citizens' Center furniture, equipment and renovations ($150,000), City-wide irrigation monitoring system ($50,000), trail construction ($80,000) debt service on the 2005 sales tax refunding bonds ($649,928), marketing ($80,000) and board, audit and insurance expense ($5,000). The budget also utilizes $777,357 in available cash balance, with the projected ending Fiscal Year 2006 Fund Balance being $710,209. Financial Impact Adoption of the budget will provide appropriations for the FY 2006 budget. Recommendation Approval Attachments . FY 2006 Proposed Budget Summary (Exhibit 1A) . Resolution R-05-82 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION EXHIBIT 1A FY 2006 PROPOSED BUDGET SUMMARY FY 2005 FY 2006 ANTICIPATED PROPOSED BEGINNING FUND BALANCE $ 949,709 $ 1,230,394 REVENUES: SALES TAX REVENUES $ 944,932 $ 963,831 INTEREST INCOME $ 15,435 $ 36,912 USE OF AVAILABLE CASH $ $ 777,357 TOTAL REVENUES $ 960,367 $ 1,778,100 LESS EXPENSES: ADMINISTRATIVE EXPENSES $ 5,000 $ 5,000 MARKETING $ $ 80,000 DEBT SERVICE $ 603,682 $ 642,928 CAPITAL PROJECTS: ADA IMPROVEMENTS - NATURE CENTER $ $ 95,000 COLLEYVILLE CENTER CHAIR REPLACEMENT $ 36,000 $ MC PHERSON LAND PARK PLAN $ $ 238,000 CITY PARK ROAD EXTENSION $ $ 130,000 PLEASANT RUN PRACTICE FIELD PARKING LOT $ $ 50,000 SENIOR CENTER DESIGN $ 35,000 $ SENIOR CENTER FF&E RENOVATIONS $ $ 150,000 CITYWIDE IRRIGATION MONITORING SYSTEM $ $ 50,000 TRAILCONSTRUCTION $ $ 80,000 TOTAL EXPENSES $ 679,682 $ 1,520,928 EXCESS REVENUES OVER EXPENSES $ 280,685 $ 257,172 NOTE: A COVERAGE RATIO OF 1.4 IS REQUIRED TO MEET THE SALES TAX BOND COVENANTS. FOR FY 2005 REVENUES MUST EXCEED EXPENDITURES BY AT LEAST $257,171. RESOLUTION R-05-82 A RESOLUTION ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2006 FOR THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the by-laws of the Colleyville Economic Development Corporation require that an annual budget be adopted by the Board of Directors; and WHEREAS, the by-laws require that the budget includes projected revenues and proposed expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec.1. THAT the Fiscal Year 2006 budget amounts for the Colleyville Economic Development Corporation are as follows: Revenues $1,788,100 $1,520,928 Expenditures AND IT IS SO RESOLVED. PASSED AND ADOPTED, this August 23, 2005. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION President ATTEST: Cynthia Singleton Secretary CEDC CCe<!l "'C'x~$ AGENDA BRIEFING DEPARTMENT HEAD FINANCE REVIEW ! MEETING DATE: I ITEM#: I RESOLUTION #: I 08/23/05 6 R-05-83 GENERAL MANAGER I ; Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approving an Amendment of the Bylaws of the Colleyville Economic Development Corporation Reading and Public Hearing The Colleyville Economic Development Corporation (CEDC) Bylaws, Article I. Purpose and Powers, Section 1. Registered Office and Registered Agent lists the office as being registered at 5400 Bransford, Colleyville, Texas 76034 along with the mailing address of P.O. Box 185, Colleyville, Texas 76034. In November 2003, City Hall moved to 100 Main Street, Colleyville, Texas. This item provides for the CEDC Board to revise the Bylaws to reflect the new location as well as the mailing address as 100 Main Street, Colleyville, Texas 76034. Upon approval, the CEDC Bylaws will be presented to the City Council for ratification. Financial Impact None Recommendation Approval Attachments . CEDC Bylaws . Resolution R-05-83 ( BYLAWS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ARTICLE I. PURPOSE AND POWERS SECTION 1. REGISTERED OFFICE AND REGISTERED AGENT The COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION (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 the Texas Non-Profit Corporation Act., and state law. The Registered Agent for the Corporation shall be the City Secretary, subject that the Board of Directors (the "Board") from time to time, may change the registered agent and/or the address of the registered office, subject to City Council approval, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation (the "Articles"). ( The registered office of the Corporation is located at 5400 Bransford Road, Colleyville, Tarrant County, Texas 76034, and at such address is the Corporation, whose mailing address is P.O. Box 185,Colleyville,Texas 76034-0185. Said address shall also serve as the principal office of the Corporation and Board. SECTION 2. P.URPOSE The Corporation is incorporated as a non-profit corporation for the purposes set forth in the Articles the same to be accomplished on behalf of the City of Colleyville, Texas (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, (the "Act"), other applicable laws, and by Resolution R-96-1238 adopted by the City Council of the City on the third day of September, 1996, including all permissible projects prescribed by the Act, and for maintenance and operating costs of the publicly owned and operated projects. The Corporation shall be a non-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 ofthe United States prescribed and promulgated thereunder. -1- SECTION 3. 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. NUMBER AND TERM OF OFFICE A. The property and affairs of the Corporation shall be managed and controlled by a Board and, subject to the restrictions imposed by law, by the Articles and 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 the City Council. Each of the directors shall be a resident of the City. C. Four (4) members of the first Board shall serve terms of one (1) year and three (3) members shall serve terms of two (2) years. The respective terms of the initial directors shall be determined by the City Council. Thereafter, each successive member of the Board shall be appointed and serve for two (2) years or until a successor is appointed as hereinafter provided. Three (3) directors shall be persons who are not employees, officers of the City or members of the City Council. D. Any director may be removed from office by the City Council at will. A vacancy of any director's position which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by the City Council. SECTION 2. VACANCIES AND RESIGNATIONS 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 or Vice President which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by election by the Board, from the remaining directors, for the unexpired portion of the term of that office. -2- ( Any director may resign at any time. Such resignation shall be made in writing, addressed to the Mayor and the City Secretary, and shall take effect at the time specified therein, or if no time is specified, at the time of its receipt by the City Secretary . SECTION 3. MEETINGS OF DIRECTORS For meetings of the Board or committees, notice thereof shall be provided and set forth in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Local Government Code. Any member of the Board, officers of the Corporation or Mayor, may have an item placed on the agenda by delivering the same in writing to the Secretary of the Board no less than three (3) calendar days prior to the date of the Board meeting. Each agenda of a Board meeting shall contain an item, titled "Citizens Forum", to allow public comment to be made by the general public concerning Board related matters. However, no official or formal action or vote may be taken on any comment made by citizens during Citizens Forum. The annual meeting of the Board shall be on the fourth Tuesday in August of each year, at 6:45 p.m. The Board shall hold 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. SECTION 4. QUORUM A quorum is a majority of the Board (being not less than four (4) members), and shall be present for the conduct of the official business of the Corporation. The act of four (4) or more directors 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 these Bylaws, policies/procedures of the Board, City Council resolution/ordinance, or state law. SECTION 5. CONDUCT OF BUSINESS A. At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with the 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 procedures 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. -3- C. The Secretary of the Corporation shall act as Secretary of all meetings of the Corporation, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meetings and shall cause such official minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 6. COMMITTEES OF THE BOARD An official committee of the Board shall consist of two (2) or more directors. 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 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 7. COMPENSATION OF DIRECTORS The directors, including the President and Vice President, shall not receive any salary or compensation for their services. However, directors may be reimbursed for their actual expenses incurred in the performance of their duties hereunder, including but not limited to the cost of travel, lodging and incidental expenses reasonably related to the corporate duties of the Board. Travel expenses incurred by directors for both regular and special meetings are not eligible for reimbursement. ARTICLE III. OFFICERS SECTION 1. TITLES AND TERM OF OFFICE The President and Vice President shall be elected by the Board and shall serve a term of one (1) year. The President and Vice President shall continue to serve until their successors are appointed as provided in Article II, Section 1. SECTION 2. POWERS AND DUTIES OF THE PRESIDENT The President shall be the chief executive officer of the Corporation, and shall preside at all meetings of the Board, and absent any different designation by a majority of the Board, shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes in the name of the Corporation. In addition the President shall: -4- - -- - - -_.-.._-~...,.~_.,-~-_._~~~~~,-_...,- A. call both regular and special meetings of the Board and establish the agenda for such; B. shall endorse and countersign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. C. have the authority to appoint standing or study committees to aid and assist the Board in its business undertaking or other matters incidental to the operation and functions of the Board; D. perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board, subject to approval by the City Council; E. appear before the City Council on a periodic basis to give a report on the status of activities of the Corporation; and F. appear before the City Council, or be represented by his designee, regarding any item being considered by the City Council concerning the Corporation. 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 or the Board. SECTION 4. ATTENDANCE Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all directors. The following number of absences shall constitute the basis for replacement of a director. Three (3) consecutive unexcused absences from meetings of the Board shall cause the position to be considered vacant. In addition, the position of any director who has four (4) unexcused absences in a twelve (12) month period shall also be considered vacant. -5- SECTION 5. CONFLICT OF INTEREST In the event that a director is aware that he 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 thereof. Any director shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. The director about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. Failure to conform to these requirements herein and policies as may be adopted by the Board is cause for dismissal from the Board by action of the City Council. SECTION 6. IMPLIED DUTIES The Corporation is authorized to do that which the Board deems desirable, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Articles, these Bylaws, and in accordance with State law. SECTION 7. 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 Articles, 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 Manager. The City Manager may approve such request for assistance from the Board when he finds such requested services are available within the City and that the Board has agreed to reimbu rse the City for the cost of such services so provided, as provided in Article III, Section 8 of these Bylaws. SECTION 8. CONTRACTS FOR SERVICE 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 herein set forth. An administrative -6- services contract shall be executed between the Board and the City Council for the services provided by the General Manager, Finance Manager, Secretary, and other City services/functions and compensated as provided for herein. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall have the right to utilize the services of the staff and employees of the Finance Department of the City, the staff and employees of the Parks and Recreation Department and other employees of the City, provided (i) that the City Manager approves of the utilization of such services, (ii) that the Corporation shall pay, as approved by the City Manager, reasonable compensation to the City of such services, and (iii) the performance of such services does not materially interfere with the other duties of such personnel of the City. Utilization of tile aforesaid city staff shall be solely by a contract approved by the City Council. ARTICLE IV. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS SECTION 1. GENERAL MANAGER \ The General Manager shall be the chief administrative officer of the Corporation and be in general charge of the properties and affairs of the Corporation, shall administer all work orders, requisitions for payment, purchase orders, contract administration/oversight, and other instruments or activities as prescribed by the Board in the name of the Corporation. The General Manager shall be an employee of the City. SECTION 2. FINANCE MANAGER The Finance Manager shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation. When necessary or proper, the Finance Manager shall endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. The Finance Manager shall see to the entry in the books of the Corporation of full and accurate accounts of all monies received and paid out on account of the Corporation. The Finance Manager shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the City Council shall require, by resolution. The Finance Manager shall be an employee of the City. The Finance Manager shall provide financial reports to the Board and to the City Council concerning activities of the Corporation in a format consistent with other financial reports of the City and on a periodic basis as shall be directed by the Board or the City Council. -7- SECTION 3. SECRETARY The Secretary shall keep the minutes of all meetings of the Board and committees in books provided for that purpose, shall give and serve all notices, shall sign with the President in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of Secretary subject to the control of the Board. The Secretary shall be an employee of the City. SECTION 4. DUTIES OF THE BOARD The Board shall develop a combined Economic Development Capital Improvement Program, ("the EDCIP"), including maintenance and operation costs thereof, for the City which shall include and set forth short and long term goals. Such plan shall be approved by the City Council. The EDCIP developed by the Board shall be one that addresses development needs of the City within the financial constraints of revenues available to the Corporation. The Board shall conduct a public hearing concerning both the adoption and required annual updates to the EDCIP. A legal notice shall be advertised as determined by the Board, at least three (3) days, prior to the scheduled public hearing. The Board shall review and update the EDCIP once a year to ensure the plan is up to date with current community needs and is capable of meeting community development needs of the City and consistent with the Act. The Board shall expend, in accordance with State law and subject to City Council approval, the funds received by it for projects defined in the Act where such expenditures will have a benefit to the residents of the City. The Board shall make an annual report to the City Council including, but not limited to the following: A. A review of the accomplishments of the Corporation for the preceding year; and B. The activities of the Corporation for the budget year addressed in the annual report. The required annual report shall be made to the City Council no later than February 1 st of each year. -8- The Board shall be accountable to the City Council for all activities undertaken by it or on its behalf, and shall report on all activities of the Board, whether discharged directly by the Board or by any person, firm, corporation, agency, association or other entity on behalf of the Board. SECTION 5. COMPONENTS OF THE EDCIP The Board shall submit to the City Council for its approval, the EDCIP which shall identify the projects to be undertaken by the Corporation and include proposed methods and the expected costs of implementation, and cost of operations and maintenance of the projects. SECTION 6. ANNUAL CORPORATE BUDGET Annually, the Board shall prepare and adopt a proposed budget of expected revenues and proposed expenditures for each fiscal year. The fiscal year of the corporation shall commence on October 1 st of each year and end on September 30. The budget proposed for adoption shall include the projected operating expenses, and such other budgetary information as shall be required by the City Council for its approval and adoption. The budget shall be considered adopted upon formal approval by the City Council. SECTION 7. FINANCIAL BOOKS. RECORDS. AUDITS The Finance Manager shall keep and properly maintain, in accordance with generally accepted accounting principles, complete financial books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. The City shall cause the Corporation's financial 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 Council. Such audit shall be at the expense of the Corporation. SECTION 8. DEBT. DEPOSIT AND INVESTMENT OF CORPORATE FUNDS All proceeds from the issuance of bonds, notes or other debt instruments (the "Bonds") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance, but no bonds shall be issued, including refunding bonds, by the Corporation without the approval of the City Council of the City. -9- All monies of the Corporation 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 and in accordance with investment policies adopted by the City. The Finance Manager shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of the Finance Manager and the Secretary. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Finance Director. SECTION 9. EXPENDITURES OF CORPORATE MONEY The monies of the Corporation, including sales and use taxes collected pursuant to the Act, the proceeds from the investment of 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: A. 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. B. Expenditures that may be 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. C. 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 the Article. No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation without the approval of the City Council. SECTION 10. CONTRACTS As provided herein, the President and Secretary shall enter into any contracts or other instruments which the Board has approved and authorized in the name and on behalfof 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 some action on behalf ofthe 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. -10- ARTICLE V. MISCELLANEOUS PROVISIONS SECTION 1. SEAL The Board may obtain a corporate seal which shall bear the words "Corporate Seal of the Colleyville Economic 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 a motion, resolution or ordinance duly passed by the City Council and reflected in the minutes of the City Council. SECTION 3. INDEMNIFICATION OF DIRECTORS, OFFICERS AND EMPLOYEES ( As provided in the Act and in the Articles of Incorporation, 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. 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 attorneys 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. 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 and incurred by that person in any such -11- capacity or arising out of any 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. GIFTS The Board may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the Corporation. SECTION 5. CODE OF ETHICS Each director, including the President and Vice President, its officers, employees, and agents shall abide by and be subject to the City's code of ethics. The code of ethics shall be applicable to independent contractors of the Corporation, except to the extent that such independent contractor is not performing work on behalf of the Corporation. SECTION 6. AMENDMENTS TO BYLAWS ( These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote offour (4) ofthe authorized directors serving on the Board, subject to approval by the City Council. The City Council may amend these Bylaws at any time. Such amendments by the City Council will be duly passed and adopted by motion, resolution or ordinance duly reflected in the minutes of the City Council and, thereafter, duly noted to the Board. SECTION 7. 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 of Colleyville. SECTION 8. 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 charters, policies or procedures are superseded by state law or not related to the functions ofthe 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. -12- SECTION 9. EFFECTIVE DATE These Bylaws, having been approved by Resolution R-96-1238, adopted on the third day of September, 1996, shall become effective upon the approval of such by the Board. -13- RESOLUTION R-05-83 A RESOLUTION APPROVING AN AMENDMENT OF THE BYLAWS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Bylaws of the Colleyville Economic Development Corporation require a registered office that include a physical location and address; and WHEREAS, both the location and address of City Hall have changed requiring an update of the Bylaws; and WHEREAS, the City Council will also be required to approve an amendment of the Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION: Sec. 1. THAT the Bylaws of the Colleyville Economic Development Corporation; hereby are attached as Exhibit "An, are amended to establish the new physical location and address as 1 00 Main Street, Colleyville, Texas 76034. Sec. 2. THAT once approved, the amendment to the Colleyville Economic Development Corporation Bylaws be forwarded to the City Council for their subsequent approval. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2005. ABSTENTIONS COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION President ATTEST: Cynthia Singleton Secretary Exhibit "A" BYLAWS OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ARTICLE I. PURPOSE AND POWERS SECTION 1. REGISTERED OFFICE AND REGISTERED AGENT. The cOLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION (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 the Texas Non-Profit Corporation Act., and state law. The Registered Agent for the Corporation shall be the City Secretary, subject that the Board of Directors (the "Board") from time to time, may change the registered agent and/or the address of the registered office, subject to City Council approval, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation (the "Articles"). The registered office of the Corporation is located aU 00 Main Street, c()lIeyville, ... Deleted: 5400 Bransford Road Tarrant County, Texas 76034, and at such address is the Corporation, whose mailing address is.1 00 Main Street,G()II~eyville,Texas76034-0185.~aid address Deleted: PO Box 185 shall also serve as the principal office of the Corporation and Board. SECTION 2. PURPOSE. The Corporation is incorporated as a non-profit corporation for the purposes set forth in the Articles the same to be accomplished on behalf of the City of colleyville, Texas (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, (the "Act"), other applicable laws, and by Resolution R-96-1238 adopted by the City Council of the City on the third day of September, 1996, including all permissible projects prescribed by the Act, and for maintenance and operating costs of the publicly owned and operated projects. The Corporation shall be a non-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. SECTION 3. POWERS. 0352426 CEDC CC@!il0 AGENDA BRIEFING 11:X<.'\:; REPORT: I MEETING DATE: ! 08/23/05 GENERAL MANAGER: ITEM #: I 7 DEPARTMENT HEAD i" FINANCE MANAGER I Previous Action: None DEPARTMENT: FINANCE SUBJECT: Annual Activity Report The Colleyville Economic Development Corporation bylaws require that the Board make an annual report by February 1, 2006 to the City Council "reviewing the accomplishments of the Corporation for the preceding year and the activities of the Corporation for the budget year". Attached is annual report that will be submitted to the City Council at the September 6, 2005 meeting. Financial Impact None Recommendation Approval Attachments . Annual Report of The Colleyville Economic Development Corporation ANNUAL REPORT OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ACTIONS OF THE CORPORATION On September 24, 2004, the Board held its annual meeting and approved the FY 05 annual budget for the Corporation with projected revenues of $1,544,127 and expenses of $1,301,682. The Board also adopted the attached Economic Development Capital Improvement Plan (EDCIP) for fiscal years 2005 through 2009. This plan provides funding for Colleyville Center chair replacement, McPherson land park plan, park land purchase, Senior Center design/furnishings and trails grant match. On December 1, 2004, the Board held a special meeting and the primary topic was the discussion of permissible uses of Colleyville Economic Development Corporation funds. The Board directed the City of Colleyville's Economic Development Director to provide a list of proposed projects and costs. On April 28, 2005, the Board held a special meeting and discussed various marketing projects as proposed by the City's Economic Development Director. Also, the Board discussed the refunding of the outstanding 1997 and 2000 sales tax bonds, as there was an opportunity for a significant present value savings through a private placement issue. Also, discussed was the issuance of additional bonds to be repaid from greater sales tax revenues and the bond refunding savings. On May 11, 2005, the Board met to further discuss the refunding of debt and issuance of additional debt. The Board directed the General Manager to initiate proceedings to refund the 1997 and 2000 debt and present various debt scenarios. The refunding and new money bond issuance was approved at the June 7,2005 meeting for a net present value refunding savings of $880,110, and $2,000,000 in additional debt was issued. As a part of the new debt issue, a public hearing was held on the expenditure of the additional debt for the following projects: acquisition/construction/equipping a Senior Citizens' activity center, improvements to McPherson Park, acquisition and improvements to additional park land. COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2005 ' FY 2009 Exhibit A FISCAL YEAR PROJECTED 2004 2005 2006 2007 2008 2009 BEGINNING FUND BALANCE $828,549 $947,548 $512,617 $405,440 $433,289 $495,947 PROJECTED 1/2 CENT SALES TAX REVENUE $809,000 $847,800 $890,190 $925,798 $962,830 $1,001,343 INTEREST INCOME $9,780 $18,951 $10,252 $8,109 $8,666 $9,919 USE OF FUND BALANCE $147,793 $677,376 $349,000 $216,000 $182,000 $138,000 TOTAL REVENUES $966,573 $1,544,127 $1,249,442 $1,149,906 $1,153,495 $1,149,262 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $666,044 $665,606 $666,306 $666,306 $665,606 $664,049 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $174,517 $179,549 $177,360 $175,174 $179,767 $177,142 CAPITAL: COLLEYVILLE CENTER CHAIR REPLACEMENT $0 $50,000 $0 $0 $0 $0 MC PHERSON LAND PARK PLAN $0 $125,000 $150,000 $150,000 $150,000 $150,000 PARK LAND PURCHASE $0 $0 $150,000 $150,000 $150,000 $150,000 SCHOOUSOCCER FIELD PARK LAND NOTE $94,380 $0 $0 $0 $0 $0 SENIOR CENTER DESIGN/FURNISHINGS $0 $125,000 $100,000 $0 $0 $0 TRAILS GRANT MATCH $0 $393,000 $0 $0 $0 $0 TOTAL EXPENDITURES $939,941 $1,543,155 $1,248,667 $1,146,480 $1,150,373 $1,146,191 EXCESS REVENUES OVER EXPENDITURES $26,631 $972 $776 $3,427 $3,122 $3,070 ADD BACK.4 TIMES BOND COVERAGE RATIO $240,160 $241,473 $241,048 $240,423 $241,535 $240,340 ENDING FUND BALANCE $947,548 $512,617 $405.440 $433,289 $495,947 $601,357 ASSUMPTIONS: FY 2006: 5% ANNUAL SALES TAX INCREASE / FY 2007 - 2009: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION CEDe cilyor ~ CC~~nce AGENDA BRIEFING Il~xn$ MEETING DATE: ! ITEM#: ! REPORT: I 08/23/05 8 GENERAL MANAGER i DEPARTMENT HEAD i FINANCE MANAGER ! Previous Action: None DEPARTMENT: FINANCE SUBJECT: Annual Investment Report From the period of October 1, 2004 through July 31, 2005, the Colleyville Economic Development Corporation had an average $907,147 invested in Local Government Investment Cooperative (LOGIC) pool, and it earned $19,239 for this period. The Corporation also owns a portion ($498,672) of a Treasury note purchased September 21, 2004 yielding 1.84%. The Treasury bill will mature on December 31, 2005, and as of June 30, 2005, its market value was $499,585. RESOLUTION R-05-84 A RESOLUTION RATIFYING CORPORATE BOARD ACTION UNDER BUSINESS FOR THE MEETING OF THE BOARD OF DIRECTORS OF THE COLLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION AUGUST 23,2005 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 August 23, 2005. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Jon Ayers President ATTEST: Cynthia Singleton Secretary