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HomeMy WebLinkAbout11/15/2011 CDC November 15, 2011 Joint Meeting MINUTES COMMUNITY DEVELOPMENT CORPORATION JOINT SESSION HELD ON NOVEMBER 15, 2011 The Joint Session of the Community Development Corporation of the City of The Colony, Texas, was called to order at 7:23 p.m. on the 15th day of November 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: TeRon Lawrence President Present Stephen Sohn Vice President Present Kathy Braby Treasurer Present Lisa Leary Secretary Present Dan Mahle Member Present Don Beckel Member Present Rolando Reyes Member Present And with seven members present a quorum was established and the following items were addressed: 6.0 REGULAR COMMUNITY DEVELOPMENT CORPORATION (TYPE B) AGENDA ITEMS 6.1 Call to Order President Lawrence called the meeting to order at 7:23 p.m. and roll called all members present. 6.2 Conduct a public hearing, discuss and consider approving a Performance Agreement with LMG Ventures, LLC, a Texas limited liability company, and TXFM, Inc., a Texas corporation to provide an economic development incentive for the development of a retail, commercial and entertainment development to be generally located on approximately 433.81 acres of land, located south of State Highway 121 and near Plano Parkway, City of The Colony, Denton County, Texas The CDC President opened the public hearing at 7:23p. m. Keri Samford, City of The Colony Economic Development Director, explained that this is a mixed use development with the potential of entertainment, tourism, retail, hotel, warehouse, and regional headquarters uses. There is anticipation of bonds that will be issued,- the CDC will pledge a portion of their sales tax proceeds, from the property to fund these projects through a reimbursement agreement; this is a performance based agreement. There was no public input. The public hearing was closed at 7.-2 7p. in. The city attorney explained that the sales tax revenue will be deposited into a reimbursement account to pay the debt service on the bonds. 1 November 15, 2011 Joint Meeting Motion to approve the Type B Corporation Performance Agreement with LMG Ventures, LLC a Texas limited liability company, and TXFM, Inc., a Texas corporation to provide economic development incentive for the development of a retail, commercial and entertainment development to be generally located on approximately 433.81 acres of land, located south of State Highway 121 and near Plano Parkway, City of The Colony, Denton County, Texas as presented - Braby; second - Leary; motion passes with all ayes. 6.3 Discuss and consider authorizing and directing the City Manager or City Attorney to take all necessary actions to initiate and file a declaratory judgment lawsuit to validate proposed bond issuances, contracts and actions taken or planned in support of economic development initiatives within Reinvestment Zone Number One, City of The Colony, Texas This item was moved to later in the meetingfollowing the Executive Session on this item. At 9:29 p. m. the Board President reconvened the meeting. Motion to authorize and direct the City Manager or City Attorney to take all necessary action to initiate and file a declaratory judgment lawsuit to validate the proposed bond issuances, contracts, and actions taken or planned in support of economic development initiatives within Tax Increment Reinvestment Zone Number One, City of The Colony, Texas - Reyes; second - Beckel; motion passes with all ayes. 6.4 Discuss and consider a resolution authorizing reimbursement of expenditures with proceeds Of future debt The city attorney explained that this is an intent to issue debt to pay for permissible projects and is a Treasury regulation if tax proceeds are used. Motion to approve a resolution declaring expectation to reimburse expenditures with proceeds of future debt as presented - Leary; second - Beckel; motion passes with all ayes.. The Board President announced the Board would stand in recess at 7:34p. in. The Community Development Corporation recessed at 7:34 p.m. Executive Session was convened at 8:55 .m. 10.0 EXECUTIVE SESSION 10.1 The Economic Development Corporation, the Community Development Corporation, the Local Development Corporation and the City Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending or contemplated litigation regarding necessary actions to initiate and file a declaratory judgment lawsuit to validate proposed bond issuances, contracts and actions taken or planned in support of economic development initiatives within Reinvestment Zone Number One, City of The Colony, Texas. 2 November 15, 2011 Joint Meeting No action as a result of executive session. And with no further business to discuss the Community Development Corporation adjourned at 9:30 p.m. APPROVED: wrence Community Development Corporation City of The Colony ATTEST: r Kathy Neal, ecording Secretary 3