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HomeMy WebLinkAboutOrdinance No. 01-1330 CITY OF THE COLONY, TEXAS ORDINANCE NO. (D ~-~ '~ ~'3 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ANNUAL ADMINISTRATIVE SERVICES CONTRACT WITH THE COLONY ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS (4A); ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the annual Administrative Services contract between the City and The Colony Economic Development Board of Directors (4A). The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 3rd day of December 2001. APPROVED: ]~emetta Henville-Shannon, Mayor ~ ~.._ 8~ i~[~? ~ks' TRMC' City Secretary '"'.., ......^S TO FOmVI: J/~don~I-~l~l, CitY'~t~rhey ~ THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X (ECONOMIC DEVELOPMENT (4A BOARD) CONTRACT) THIS AMENDMENT, effective the .5~day of ~ ~ cd2~ ,2001, by and between the City of The Colony, a municipal corporation, located in Denton County, Texas, acting by and through its City Manager, (hereinafter referred to as "CITY"), and The Colony Economic Development Corporation (hereinafter referred to as "EDC") acting by and through its President and in accordance with the Development Corporation Act of 1979, as mended: WHEREAS, EDC is an economic development corporation created and operating pursuant to Section 4A of article 5190.6, the Economic Development Corporation Act of 1979 (the "Act"); and WHEREAS, in January 1998 a majority of the voters voting at a special election in the City approved an additional sales tax in the amount of one-haft of one percent, which tax is to be used by EDC for the purposes permitted in the Act; and WHEREAS, Section 21 of the Development Corporation Act provides that the city shall approve all programs and expenditures of the development corporation and shall annually review any financial statements of the corporation. It further provides that at all times the city will have access to the books and records of the corporation. WHEREAS, Section 23(11) of the Act states that the powers of the corporation shall be subject at all times to the control of the city's governing bod~.~. WHEREAS, pursuant to Chapter 380, Tex. Loc. Gov. Code, the City. has the authority to establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the City., to promote local economic development and to stimulate business and commercial activi .fy in the Cio:': and WHEREAS, Article IV of the Bylaws of EDC authorizes EDC~ to research, develop, prepare, and submit to the Council for its approval, an economic development plan for the City. which shall include proposed methods and the expected costs of implementation. WHEREAS, the City. desires to establish a program with EDC to provide certain administrative services to EDC pursuant to the terms hereofi so that EDC may accomplish the public purposes for which EDC was created, and to promote local economic development for the elimination of unemployment and underemployment, and the promotion of employment, through the expansion and development of a sound industrial, manufacturing, and commercial base within the City.. WITNESSETH: I. The above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes. That the City agrees to provide administrative and program support and legal services to the EDC as requested by the EDC Board. For purposes of this contract, the City's Executive Director of Economic Development shall serve as the staff facilitator of the EDC's operations. ALL PROGRAM INCOME RESULTING FROM THE USE OF EDC FUNDS AS PROVIDED UNDER THIS CONTRACT SHALL BE RETURNED TO THE UNOBLIGATED FUND BALANCE OF THE EDC. CITY AGREES TO: 1. Provide staffing to perform the following functions and duties listed below as described in Article IV of the By-Laws. 2. Assist with research, development, preparation, and implementation of an economic development plan as directed by the EDC Board. 3. Handle all daily functions and operations to assist the EDC Board with planning and project implementation. 4. Prepare monthly status and activity reports to the Board and City Council on Corporation operations. 5. Negotiate, administer, and monitor all contracts on behalf of the Board with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks as directed and approved by the Board. 6. Prepare a budget for existing and forthcoming operations for review and approval of the Board, in accordance with Article IV of the Bylaws. 7. Provide all necessary accounting and financial management services to maintain books, records, accounts, and monthly financial statements for the Board as authorized in the Bylaws. 8. Provide all personnel necessary for the EDC Board's operations. City shall be responsible for the hiring, evaluation, and/or termination of. and all other employment matters relating to, Ci.ty personnel who may be assigned to work on EDC matters. 9. Log time spent ~' city employees on EDC operations to substantiate costs for services and present on a quarterly basis to the EDC for review and approval. 10. Convey all 4A sales tax funds to The Colony Economic Development Corporation received in fiscal year 2001- 2002. l 1. Maintain records for 3 years after final payment on any programs under this contract. 12. Provide office space at no cost to EDC for staff and operations. 13. Carry. out any other responsibilities/duties that may be mutuall.~ agreed upon by the EDC Board and the City. II. The City Attorney may be legal advisor of, and attorney for. the EDC and its Board. Such legal services shall include representation in litigation and legal proceedings, and review of documents, contracts and legal instruments as to form and legality. If these expenses exceed reasonable expectations, the City will bill the EDC for reimbursement of legal fees. The EDC retains the right to hire an attorney, of its own choice at its own expense. III. EDC AGREES TO: I. Grant authority and such authority is hereby granted to the Executive Director to disburse funds and incur expenses on behalf of the EDC, and designate City signatories as authorized signatories of the Corporation according to policies and procedures established by EDC (4A Board). 2. Develop budget and program recommendations for City Council consideration with respect to economic development programs of the EDC 3. Adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year at least 90 days prior to the commencement of each fiscal year in accordance with Article IV, Section 2 of the By- Laws. 4. Provide to the City funding in the amount of $209,369.00, ($17,447.41 per month) for the twelve-month period ending September 30, 2002, for the purpose of administering the duties and responsibilities of the EDC as stated in the Bylaws and in this agreement. 5. Plan and prioritize economic development projects that follow the City's Comprehensive Master Plan and Economic Development Plan, and reflect citizens needs and inpuL in accordance with EDC's Articles of Incorporation and Bylaws. 6. Share staffing and operational costs with the City whenever possible in order to minimize expenditures by both parties. IV. PURPOSE: It is the expressed purpose of this contract to have the City implement, administer, and car~ out the duties that an executive director would have in administenng economic development programs and to manage and administer such programs of the EDC. The Executive Director will have discretion to prioritize job responsibilities to meet the needs of EDC. The Executive Director of Economic Development is hereby expressly given the right and power by EDC to sign all applications and documents as necessa~' that a Director would sign in administering economic development programs. It is expressly understood that the EDC and the City retain the right to pursue other avenues for economic development, when it is determined to be in thc best interes(of either the EDC or the City as the case may be and to do so. and this Agreement shall not limit the EDC's or the City's right to pursue such interests. V~ TERMINATION: This contract may be terminated by the EDC or the City. in ~'hole, or from time to time, in part whenever such termination is in the best interest of the EDC or the Citx. Termination will be effective thin' (30) days after delivery of Notice of Termination specifying to what extent performance or work under the contract has' been terminated and specifying that the contract shall be terminated thirty. (30) days after receipt by the notified party. In the event the EDC elects to terminate this Agreement, following receipt by the City of a notice of termination from the EDC, the City shall: (i) stop work on the date as specified in the thirty (30) day notice to the extent possible, (ii) place no further orders or contracts except as may be necessary for completion of any work not terminated, and (iii) terminate~ to the extent possible, all orders or contracts insofar as they relate to the performance of work as described in the notice of termination. The EDC shall pay all expenses incurred I~y the City in connection with such termination. VI. OFFICIALS NOT TO BENEFIT: No public official of the governing body. of the City or EDC who exercises any functions or responsibilities in the review or the approval of the undertaking or carry, ing out of any project hereunder, shall participate in any decision relating to the contract which affects his personal interest, nor shall he have any personal or pecuniary interest direct or indirect in this contract or proceeds thereof. VII. The sections, paragraphs, sentences, phrases, clauses and words of this Agreement are severable, and if any section, paragraph, sentence, phrase, clause or word in this Agreement or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, all remaining provisions of this Agreement shall continue in full force and effect. VIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto~ and each party certifies to the other that any necessary, resolutions or other act extending such authority have been duly passed and are now in force and effect. IX. AGREEMENT: This Agreement shall constitute the sole agreement between the City and the EDC relating to the object of this Agreement and correctly sets forth the complete rights, duties, and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. The Colony Economic Development Corporation (4A) Thc City of The Colony ~ Bemetta Hennvilld-~hannon. Mayor _ (Date) ..2 ~ _ ' Attest: