HomeMy WebLinkAboutOrdinance No. 00-1241 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. OO -/2.'-//
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH _
The Colony Economic Development Corporation (4A) FOR
ADMINISTRATIVE SERVICES; 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 Mayor of the City of The Colony, Texas is hereby authorized to
execute on behalf of the City a contract with The Colony Economic Development Corporation
(4A) for administrative services. 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 by the
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 6th day of November, 2000.
ROVED: /~
-- .
William W. Manning, Mayor
ATTEST:
'RN'uthann DeVlin; Deputy-City Secretary
APPROVED AS TO FORM:
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON X
(I~CONOMIC Dg. VI~LOPM~NT (4A BOARD) CONTRACT)
THIS AMENDMENT, effective the O r~ day of/~]o r~'n~6,~, 2000, 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 amended:
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-half 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 body.
WHEREAS, pursuant to Chapter 380, Tex. Loc. Gov. Code, the City has the authority to establish and p~ovide for the
administration of one or more programs, inchidmg 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 bu-._siness and commercial
activity in the City; 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 hereot~ so that EDC may accomplish the public purposes for which EDC was created, and to
promote local economic development for the elimination of tmemploymem and underemployment, and the promotion of
¢~,oloyment, through the expansion and development of a sound industrial, manufacturing, and commercial base within
the City.
W1TNESSETH:
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 EE)C 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 TIlE UNOBLIGATED I~JND BALANCE OF THE EDC.
CITY AGREES TO:
1. Provide staffing to perform the following functions and duties hsted below as described in Article IV of the
2. Assist with research, development, preparation, and implementation of an economic development plan as
directed by the EDC Boar6
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 Boarc[
6. Pmimre a budget for existing and forthcoming operations for review and approval of the Board, in accordance
with Article V 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, City personnel who may be
assigned to work on EDC matters.
9. Log time spent by city employees on EDC operations to substantiate costs for services and presem 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 2000-
2001.
11. Maintain recoras for 3 years alter final payment on any program.q ~nder ads contraca.
12. Provide office space at no cost to EDC for staff and operations.
13. Carry out any other responsibilities/duties that may be mutually agreed upon by the EDC Board and the City.
II.
The City Attorney may be legal advisor of, and attom~ for, the EDC and its Boar& 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.
Ili.
EDC AGREES TO:
1. 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 pohci~s and procedures established by EDC (4A Board).
2. Develop budget and program recommendations for City Council consideration with respect to community
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 commencemem 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 $218,876.00, ($18,239.66 per month) for the twelve-month
period ending September 30, 2001, for the purpose of administering thc duties and ~ponsibilities of the EDC
as stated in the Bylaws and in this agreemem.
5. Plan and prioritize economic development projects that follow the City's Comprehensive Master Plan and
Economic Development Plan, and reflect citizens needs and input, in accordance with E DC's Articles of
Incorporation and Bylaws.
6. Share s~affing and operational costs with the City whenever possible in order to minimize expenditures by both
PURPOSE:
It is the expressed purpose of this contract to have the City implement, adminieder, and carry out the ~_fies that
an executive director would have in administering 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 Developmem is hereby expressly given the right and power by EDC to
sign all applications and documents as necessary 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 the best interest 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 imerests.
TERMINATION:
This contract may be terminated by the EDC or the city, in whole, or from time to time, in part whenever such
termination is in the best interest of the EDC or the City. Termination will be effective thirty (30) days after delivery of
Notice of Termination specifying to what extent performance or work under the contract has been t~ minat_o~[ 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 EIb, 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 La'DC shall pay all expenses incurred by the City in conneetion with such IBrmin~tiOll.
VI.
OFFICIALS NOT TO BENEFIT:
No public official of the governing body of the City or EDC who exercises any functions or responsfl~lities in
the review or the approval of the undertaking or carrying out of any project hereunder, shall participate in any decision
relating to the contract which affects his personal interc-~t, nor shall he have any personal or pecuniary interest direct or
indirect in this contract or proceeds thereof.
The sections, paragraphs, sentences, phrases, clauses and words of this A4greement are severable, and ff any
section, paragral~ semence, 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.
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 bccn duly passed and arc now in force and effect.
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 fights, duties, and obfigations 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) The City of The Colony