1995-157FILe P.e~eaeNce Foa~ [ 95-157
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Superceded by Consolidation Amendment Agreement approved by
Ordinance No. 97-298 10/07/1997 JR
E:\~PDOCS\ORD\CHAHBER.ED
O T ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON CHAMBER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR
A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute
Amendment No. 2 to an Agreement between the City of Denton and the
Denton Chamber of Commerce for the purpose of providing for a
program to promote economic development ("Agreement"), a true and
correct copy of which is attached hereto and incorporated by
reference herein.
SECTION II. That that certain resolution passed by the
Chamber of Commerce on the 22nd day of June, 1995, a true and
correct copy of which is attached to this ordinance and incorporat-
ed by reference herein, is hereby approved, subject to the terms
and conditions of this ordinance and the attached Amendment No. 2
to the Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of /~ ,
1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
THE STATE OF TEXAS §
COUNTY OF DENTON §
This Second Amendment to that certain agreement for a program
to promote economic development entered into the 15th day of
August, 1989 by and between the City of Denton, Texas, a Texas
municipal corporation ("City") and the Denton Chamber of Commerce,
a Texas non-profit corporation ("Chamber"), as amended.
WHEREAS, on August 15, 1989, the City and the Chamber entered
into an Agreement for an economic development program ("Agree-
ment''), a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, on August 2, 1994, the City and the Chamber entered
into that First Amendment to the Agreement, a copy of which is
attached hereto as Exhibit "B"; and
WHEREAS, the City and the Chamber will mutually cooperate to
create an Economic Development Transition Committee ("EDTC") for
the purpose of researching and recommending the best structure for
an Economic Development Corporation ("EDC") and to develop the
charge to the EDC.
ARTICLE I.
That the City and Chamber hereby amend Article 1 "Office of
Economic Development" of the Agreement as amended, to read as
follows:
1o office of Economic Development Created. During the term of
this Agreement, the Chamber shall maintain an Office of
Economic Development (.'office").
ARTICLE II.
That the City and Chamber hereby amend Article 2 "Economic
Development Committee Created" of the Agreement, as amended, to
read as follows:
2. Economic Development Transition Committee Created. In order
to promote a program for economic development, the parties
agree that an Economic Development Transition Committee
("EDTC") will be established and seated no later than October
1, 1995, unless this date is extended by mutual agreement of
the parties. The members of the EDTC, who shall represent the
diverse interests of the community, shall be composed of seven
persons, four of whom will be appointed by the City Council
and three of whom will be appointed by the Board of Directors
of the Chamber. No employee of the City or the Chamber and no
elected official shall be appointed to the EDTC. The members
of the EDTC shall select one of their members as chair and
shall adopt their own rules of procedure. The EDTC will
replace the current Economic Development Advisory Board
("Board") and assume all responsibilities, duties and author-
ity previously assigned to the Board.
In addition, the EDTC is charged with accom)lishing the
following tasks:
a) Develop Economic Development Corporation "EDC") mis-
sion/operating principles.
b) Study other economic development charters and make
choices of positive aspects of each that would lend to
success of EDC.
c) Tour the most successful EDC's in country and document
recommendation of best structure and outline results-
oriented goals.
d) Determine long-range financing of economic development
program and EDC operation. Assess potential success and
funding opportunities under both Sections 4A as well as
4B of Article 5190.6 Vernons Tex. Civil Statutes to
ensure all opportunities under the law are reviewed. If
positive, develop strategy and campaign, and make
recommendation to City Council to call election.
e) Define roles with regard to financial responsibility and
authority of economic development financial contributors
(i.e., investors, City Council, Public Utility Board).
f) Obtain counsel for promulgation of charter for EDC.
Page 2
g) Present justification for corporation charter at joint
meeting of City Council and Chamber of Commerce.
h) Present justification for long-range financing of EDC
programs at joint meeting of City Council and Chamber of
Commerce.
i) Draft internal operating policies for final adoption by
the EDC.
j) Recommend detailed line item operations budget for first
year activities related to establishment of EDC.
k) Hire experts/consultants for expeditious and professional
implementation of short term objectives, i.e., financial
analyses, team building, and economic development
consultants econometric models.
1) Develop economic development program operational perfor-
mance indices.
m) Continually work at strengthening coalition with inves-
tors of economic development program.
n) Develop and provide written bi-monthly status reports
reporting on the progress of the above-mentioned tasks,
and on expenditures to the date of the report. Provide
the Chamber, Board, and the City Council with a written
report, no later than January 31, 1996, unless that date
is extended by mutual written agreement of the parties.
That report must have the EDTC's recommendations and
findings concerning the formation of an EDC, thereby
completing charges (b), (c), and (g) on page two of this
agreement.
o) If the EDTC concludes that the formation of the EDC is
justified and in the best interest of the entire communi-
ty, it shall provide the Chamber Board and City Council
with a written final report, no later than March 31,
1996, unless that date is extended by mutual written
agreement of the parties, with recommendations and
findings regarding the remainder of the charges. The
Page 3
final report will include, without limitation, recommen-
dations for the proposed organizational structure, a
proposed budget for the EDC, a final draft of the
charter, and an analysis of the one-half cent sales tax
as a funding option, as well as an analysis of other
funding options.
The EDTC will also be responsible for the development of
the charge to the formal EDC including, without limitation,
the following:
a) Conduct oral interviews with City Council members and
Chamber Executive Board members for purposes of annual
EDC effectiveness assessment.
b) Determine appropriate physical location for EDC headquar-
ters.
c) Conduct recruitment and make selection of CEO.
d) Hire experts/consultants for expeditious and professional
implementation of short term objectives, i.e., financial
analyses, econometric models, land planning, development
specialists, engineering, public relations, team build-
ing, and economic development consultants.
e) Develop and implement five-year strategic plan.
f) Set measurable first year goals and establish priorities
for tasks.
g) Prepare pay structure, organizational design, job
descriptions, performance measures and incentives.
h) Monitor performance results and conduct performance
reviews of CEO.
i) Develop annual operating business plan and maintain
performance indices. Review quarterly and make adjust-
ments.
Page
j) Continually work at strengthening coalition with inves-
tors of economic development program.
k) Adopt internal operating policies.
1) Publish annual performance report.
m) Analyze and publish cost/benefit of efforts.
n) Develop periodic comparative analyses, i.e., land
purchases, infrastructure expenditures, etc.
o) Establish business retention and account management
activities.
p) Develop and market industrial parks.
q) Meet with major land owners/developers to determine
desire, interest and plans for development.
r) Obtain firm market prices on parcels of land available
for industrial development.
s) Send requests for proposals to national brokers for
development of industrial parks.
t) Purchase, if appropriate, land and develop specific
buildings to meet goals.
u) Establish linkages with higher education institutions and
implement strategies to better leverage university
research and educational assets.
v) Interview corporate CEO's and invite input to process and
survey as to need for customized training programs.
w) Establish technical training center.
x) Establish brand image and develop marketing campaign.
y) Establish and strengthen strong ties and relationships
with Dallas and Fort Worth chambers and the North Texas
Page 5
Commission.
z) Participate actively in metroplex MIDAS group.
aa) Develop first-class marketing video.
bb) Conduct high profile events (i.e, golf/tennis tourna-
ments, symphony/theater events) for stockholders and
development contacts and periodic special events/tours
for metroplex and national brokers and relocation
consultants.
cc) Conduct at least one international marketing tour each
year.
ARTICLE IV.
That the City and Chamber hereby amend Article 4 "Support
Services and Funding" of the Agreement, as amended to read as
follows:
4. Support Services and Funding. The Chamber shall provide the
office space, equipment and support staff necessary to the
operations of the Office. The City shall provide funding as
approved in the City's budget which shall be adopted on or
before the 20th day of September of each year. Of the amount
appropriated for each year, the City shall pay the Chamber
one-half on October 1st and the remaining half shall be paid
on the following April 1st. Thereafter, the City shall
provide annual funding in the amount appropriated for that
purpose by the City Council.
Any funds provided by the City pursuant to this Agreement
shall be retained in an account separate from the Chamber's
general operating fund, and shall only be used for the
purposes provided for in this Agreement. The Office shall
keep current and accurate records of all funds received and
expended, which shall be subject to inspection by the City at
all reasonable times.
The Chamber Economic Development Office shall provide
monthly status reports to the City on the progress of the
Page 6
Economic Development Program, which shall include a descrip-
tion of expenditures of the Office made with funds appropriat-
ed by the City. Annually, during the budget process, the
Chamber shall submit a program budget request to the City
Manager. The City shall then evaluate the progress of the
Chamber Economic Development Program and, at that time,
determine whether to continue appropriations to support the
Office the following fiscal year.
Special studies, research, travel expenditures and
operational expenses, including City administrative expenses
relating to support of the Economic Development Transition
Committee, will be funded as a line item in the 1995/96
Chamber Office of Economic Development budget.
Until such time as the Economic Development Corporation
is formally established and in operation, the Chamber will
remain accountable and liable, through the direction of the
President, for fiscal management, disbursement of funds, and
supervision of Economic Development Chamber staff and fulfill-
ment of the original program goals.
ARTICLE V.
That save and except as amended hereby, that all the terms and
conditions, sections, sentences, paragraphs, and phrases of the
Agreement, as amended, shall remain in full force and effect.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized Mayor, and the
Denton Chamber of Commerce has caused this Agreement to be executed
duly autho~ze~A Chairman of its Board of Directors on this
day of ~ , 1995.
0
Page 7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP~VE~ AS~TO L~GAL FORM:
HERBERT L. PROUTY, CITY AT_q~ORNEY
BY: ~~~/~--/ //// DENTON CHAMBER OF COMMERCE
Charles $V-. Carpe[~er
ATTEST: President
BY: SE C~R~.~. y/~
E: \WPDOCSk K~CHAMBER. ED3
Page 8
RESOLUTION
Board of Director~
Denton Chamber of Commerce
WHEREAS, the~board 0t~3irectors of the Denton Chamber of Commerce recognizes
the importance of maintaining a formal'partnership with the City of Denton to operate a
Joint Office of Economic Development; and
WHEREAS, per one of the specific recommendations of the Competitive Analysis,
funded jointly by the Denton Chamber of Commerce and City of Denton, which was
conducted by PHH Fantus Consulting and received in February 1995, proposes that the
present Economic Development Partnership be revamped; and
WHEREAS, the Board of Directors of the Denton Chamber of Commerce has
reviewed, and agrees with a proposal submitted by the City Council on May 23, 1995
which calls for the appointment of a seven person, Economic Development Steering
Commi~zee to discuss and prepare a mutually acceptable plan for the re-organization of the
present Economic Development Partnership;
NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Denton Chamber of
Commerce does hereby:
(1) Endorse the appointment of said Economic Development Steering Committee to
immediately replace and assume all responsibilities and funding of the cuffent Economic
Development Advisory Board, with the Board of Di _rect___nrs of the Denton Chamber of
Commerce to name three members; the City Council to name four; but allow the new
Steering Commilzee to select its own chair, and
(2) Specifically authorize said Economic Development Steering CommilZee to:
(a) Recommend a new organization structure, with the intent of ultimately creating, a
formal Economic Development Corporation, separate from both the Denton
Chamber of Commerce end City of Denton; and
(b) Develop a charter and identify funding mechanism(s) for said EDC; and
(c) Recommend operating policies and strategic plan for said EDC, including
appropriate location of offices, as well as technology links and equipment needs;
and
(d) Recommend appropriate number and profile of EDC Board of Directors; and
(3) Until such time as said Economic Development Coqooration has been formally approved
and in operation, advocate appropriate amendments to the present fundin$ contract
between the Denton Chamber of Commerce and City of Denton to ensure continuation of:
(a) the existing sources of financial support; and
(b) the existing economic development personn, el employed by, and officed at, the
Denton Chamber of Commerce.
Passed and approved by the Board of Directors of the Denton Chamber of Commerce
during its regular monthly meeting on June 22, 1995.
Priscilla Sanders
Chairman of the Board
ATTEST:
Charles W. Carpenter
President