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01-23-1995 (Parks & Recreation 4B) Agenda Packet 'E`w� CITY OF WYLIE Agenda Wylie Parks & Recreation Facilities Development Corp. City Council Conference Room - Municipal Complex 2000 SH 78N Monday, January 23, 1995 7:30 PM Order of Business I. Board Orientation and Swearing In II. Adoption of Corporation By-Laws. III. Election of Officers. IV. Authorization of Funding for FY95 Immediate Needs Project List. V. Adjournment "17(4 Posted iday, 1.20.95 at 4:00 PM WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION Agenda Communication for January 23, 1995 Item #2 - Resolution Adopting Bylaws for the Wylie Parks and Recreation Facilities Corporation ISSUE The purpose of this item is to consider approval of a resolution adopting Bylaws for the Wylie Parks and Recreation Facilities Development Corporation. BACKGROUND The City Council approved adoption of Bylaws for the Wylie Parks and Recreation Facilities Development Corporation on September 13, 1994. The Agenda Communication prepared for the City Council's consideration of the issue is included as an attachment. FINANCIAL CONSIDERATIONS N/A LEGAL CONSIDERATIONS The Corporation Bylaws have been structured within the framework of the Development Corporation Act of 1979, Section 4B (2). The Bylaws and Articles of Incorporation can only be amended with the approval of the Wyile City Council. STAFF RECOMMENDATION N/A ATTACHMENTS Wylie City Council Agenda Communication for September 13, 1994, Item #5. Submitted By Approved By RESOLUTION 95 - A RESOLUTION OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS, APPROVING BYLAWS FOR THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act); and, WHEREAS, pursuant to such authority the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secreatary of State's Office on the 17th day of June, 1994; and, WHEREAS, a set of Bylaws, prepared in accordance with the Act, was approved by the City Council on the 13th day of September, 1994; and, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS, that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation, in the precise form and text as set forth in Schedule A (which is attached) be, and they hereby are, approved pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that a certified copy of this Resolution, including a complete copy of Schedule A, will be kept by the secretary of the Parks Corporation for retention in the official corporate records of said corporation. DULY PASSED AND APPROVED by the Wylie Parks and Recreation Facilities Development Corporation this 23rd day of January, 1995. By: James D. Swartz Chair ATTEST: Mary Nichols Wylie City council Agenda Communication for September 13, 1994 • Discuss and Consider Approval of a Resolution Adopting Bylaws for the Park and Recreation Facilities Development Corporation ISSUE The purpose of this item is to approve adoption of Bylaws for the Wylie Park and Recreation Facilities Development Corporation BACKGROUND A Work Session was held on July 12 to discuss the development of the corporation's bylaws. The focus on much discussion during the Worksession was the appropriate role of the corporation. Staff presented a recommendation on this issue that was based on discussions with several cities that have adopted the 4B sales tax and have experiences with a functioning corporation board of directors. The important lesson learned from these cities is that the corporation's function should not duplicate the advisory role of present city council appointed boards. Doing so can create confusion and competing interests. The conclusion reached during the WorkSession was that there is no practical need to create a separate, independent group that would serve as another Library Board or Park and Recreation Board to advise the city council on like matters. City Council supported the recommendation that the existing. Park and Recreation Board and Library Board continue to serve in their advisory role to the city council Each Board's responsibilities would be broadened to include recommendation regarding the expenditure of the 4B sales tax funds. Based on funding priorities established by the City Council, a Multi-Year Capital Improvements Program. Multi-Year Financial Plan. Annual Program of Work and Annual Budget will be developed. These would be submitted to the City Coun, . for consideration. The Capital Improvements Program will be reviewed by the City Advisory Board's responsible for the projects, and their recommendations will be made to the City Council. It is during the development process and approval of the Capital Improvements Program by the City Advisory Boards and the City Council that input from various interest groups. including senior citizens and any others, is most appropriate. The public's views should be well known before the City Council has considered the issues and forwarded the programs to the Corporation Board for approval and implementation. If approved by the City Council, the role of the Wylie Park and Recreation Facilities Development Corporation (PRF) would then be to AUTHORIZE the expenditure of funds in the amounts and for the purposes set forth in the duly adopted budget. Attachment A highlights the Policy Guidelines proposed for the PRF. The proposed Bylaws establishes functions for city staff as officers in the corporation who will prepare the Capital Improvements Program, Multi-Year Financial Plan. and annual Corporation Budget. There was discussion during the Worksession regarding the composition of the Corporation Board. The pro osed Bylaws e abl. s that the Board will consist of four City Council members and thre 4ikt, Submitted By Ap ed By Citizenmembers. The Citizenmember appointees will include at least one member from the Park and Recreation Board, and one from the Library Board. There were opinions expressed that the Board should include a senior citizens representative. It is suggested that the more relevant issue is whether the senior citizen's interests are represented on the City's Advisory Boards. It is during the development process and approval of the Capital Improvements Program by the City Advisory Boards and the City Council that input from various interest groups, including senior citizens and any others, is most appropriate. FINANCIAL CONSIDERATIONS A FY 1995 Corporation Budget will be presented for City Council consideration in December. As part of the City's FY 1995 Budget, a budget representing expected Corporation revenues will be adopted. Sales Tax revenues are forecasted to be approximately $250,000 in FY 1995. Meetings will be scheduled during the next two months with the City Council, Park and Recreation Board, and Library Board to develop specific spending priorities. These priorities will be the basis for development of the Corporation Budget, Capital Improvements Plan and Annual Program of Work. LEGAL CONSIDERATIONS The City Council approved by resolution the Articles of Incorporation for the Wylie Park and Recreation Facilities Development Corporation on June 14, 1994. The corporation is being formed (under Art. 5190.6 4B of VACS) as a result of the January 1994 Election to receive and administer the one-half cent sales tax authorized by the election. BOARD/COM IISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECONLMLE_NDATION It is recommended that the City Council approve adoption of the Wylie Park and Recreation Facilities Development Corporation Bylaws ATTACHNLENTS Proposed Wylie Park and Recreation Facilities Development Corporation Bylaws Bylaws Highlights - Policy Guidelines and Functions ATTACHMENT B WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION POLICY GUIDELINES AND FUNCTIONS The Corporation Bylaws have been structured within the framework of the Development Corporation Act of 1979, Section 4B (2). The Bylaws and Articles of Incorporation can only be amended with the approval of the City Council. The Corporation Board will consist of four City Councilmembers and three Citizenmembers. At least one of the Citizenmembers must be appointed from the Park and Recreation Board, and one from the Library Board. The Corporation Board will chose from among it's members a Chairman of the Board and a Vice Chairman. The Corporation Board will receive its direction from the City Council. All recommendations originating at the staff level will go through the City Manager's Office and then to the City Advisory Boards and City Council for action before they are forwarded to the Corporation Board for approval. The Corporation will interact with staff through the City Manager's Office (President and Vice-President). The Park, Recreation and Library Capital Improvements Program (CIP) will be reviewed and updated annually and will act as the work program for the Corporation Board. The Program will be reviewed by the City Advisory Boards responsible for the projects, and their recommendations will be made to the City Council. It is during the development process that input from various citizen interest groups is most appropriate. The City Council will approve the CIP and forward it to the Corporation Board for implementation. The President will submit for City Council approval a Multi-Year Financial Plan that will serve as a guide to the Corporation Board for the issuance of debt and the funding of approved projects. The City Council will approve all bond sales, and the primary_ responsibility of the Corporation Board will be to issue debt and authorize funding for projects. Project costs contained in the CIP shall include construction. materials & supplies, personnel, and indirect overhead charges. By September 30th of each year, the Board will adopt an annual Corporation Budget that has been approved b\ the City Council. All new program fees derived from the funded projects will be applied to the maintenance and operations of the projects that generated the funds. RESOLUTION 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE INITIAL BYLAWS FOR THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION WHEREAS, the City Council has heretofore authorized the creation of the Wylie Park and Recreation Facilities Development Corporation (Parks Corporation) under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act) ; and, WHEREAS, pursuant to such authority the Wylie Park and Recreation Facilities Development Corporation was duly incorporated by virtue of having articles of Incorporation filed with the Secretary of State's office on the 17th day of June, 1994; and, WHEREAS, a proposed set of the initial By-laws, prepared in accordance with the Act, has been submitted to the City Council for their approval pursuant to Section 13 of the Act; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the initial By-laws for the Wylie Parks and Recreation Facilities Development Corporation, in the precise form and text as set forth in Schedule A (which is attached hereto and fully incorporated herein by reference) be, and they hereby are, approved pursuant to Section 13 of Article 5190 .6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that the City Secretary shall provide a certified copy of this Resolution, including a complete copy of said Schedule A, to the secretary of the Parks Corporation for retention in the official corporate records of said corporation. DULY PASSED AND APPROVED by the Wylie City Council this 13th day of September, 1994 . By James D. Swartz Mayor ATTEST: Mary Nichols WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION Agenda Communication for January 23, 1995 Item #4 - Resolution Authorizing 4B Sales Tax Funding For the Immediate Need Projects List Approved by the City Council and Recommended by the Library, and Park and Recreation Boards. ISSUE The purpose of this item is to consider approval of a resolution authorizing 4B Sales Tax funding for the Immediate Need Projects List approved by the City Council and recommended by the Library, and Park and Recreation Boards. BACKGROUND The City Council approved a resolution accepting recommendations from the Library, and Parks and Recreation Boards on December 13, 1994. The Agenda Communication prepared for the City Council's consideration of the issue is included as an attachment. FINANCIAL CONSIDERATIONS A Statement of Revenues and Expenditures is included as an attachment. Total available resources are $301,980. The total expenditures proposed for authorization are $292,225 ($287,600 project cost and $4,625 in interest payments). Projects totaling approximately $202,000 need to be completed during the next two months. This takes advantage of the situation in which no organized sports are taking place at Community Park during the months of December, January, and February. The 4B funds have not accumulated to that level. It is recommended that the 4B Corporation borrow $200,000 from the General Fund. The terms and conditions of the loan would be that all sales taxes collected would go towards retiring that loan, including interest and principle. The interest charged would be 6.13% or the amount equal to the average yield earned on the city's short-term investments. LEGAL CONSIDERATIONS The Corporation Bylaws have been structured within the framework of the Development Corporation Act of 1979, Section 4B (2). The Wylie Parks and Recreation Facilities Corporation must authorize all expenditures. STAFF RECOMMENDATION N/A ATTACHMENTS Wylie City Council Agenda Communication for December 13, 1994, Item #14. -)(i .vat, i Submit ed By Approved By RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, ADOPTING A PROJECT LIST OF PARKS AND LIBRARY IMMEDIATE NEEDS FOR SUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION IN FY95. WHEREAS, the City Council, through its adoption of the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation, established advisory roles for the Library and Parks and Recreation boards; and, WHEREAS, each Board's role would be to make specific recommendations on which projects and programs should be considered for 4B sales tax funding; and, WHEREAS, based on these recommendations, the City Council adopted the final project list of parks, recreation, and library related projects for submission to the Wylie Parks and Recreation Facilities Development Corporation (WPRF) for funding authorization; and NOW, THEREFORE BE IT RESOLVED by the Wylie Parks & Recreation Facilities Development Corporation that funding is authorized for the following projects, with an estimated total cost of $292,225. UTILITY POLE - OVERHEAD TRANSMISSION WIRES RELOCATION $56,000 LAND ACQUISITION - FUTURE ATHLETIC FIELD COMPLEX $60,000 PARK MASTER PLAN - COMPREHENSIVE NEEDS ANALYSIS AND FACILITIES UTILIZATION STUDY $25,000 SCHOOL PROPERTY UTILIZATION - Three Soccer Fields Three Baseball fields $6,600 ATHLETIC FIELD LIGHTING - ROWELL FIELD $80,000 ASPHALT RESURFACING - THOMAS DRIVE, PARK ROAD AND PARKING LOT $50,000 LIBRARY SECURITY SYSTEM $10,000 $200,000 GENERAL FUND LOAN - INTEREST $4,625 8 MONTHS 6.13% INTEREST $25,578 MONTHLY - $204,625 TOTAL TOTAL COST $292,225 DULY PASSED AND APPROVED by the Parks and Recreation Facilities Development Corporation on this the 23rd day of January 1995. APPROVED ATTEST 4B TAX CORPORATION STATEMENT OF REVENUES AND EXPENDITURES PROPOSED BUDGET ESTIMATED BUDGET 1993-94 1993-94 1994-95 BEGINNING FUND BALANCE $0 $0 $39,980 REVENUES: Sales Tax 0 39,980 260,000 Interest Income 0 0 2,000 TOTAL REVENUES 0 39,980 262,000 TOTAL AVAILABLE RESOURCES 0 39,980 301,980 EXPENDITURES: Interest Expense 0 0 4,625 Maintenance-Lighting 0 0 56,000 Special Services 0 0 25,000 Capital Outlay: Land Purchase 0 0 60,000 Land Betterment 0 0 6,600 Streets & Alleys 0 0 50,000 Lighting Systems 0 0 80,000 Equipment 0 0 10:000 TOTAL EXPENDITURES 0 0 292,225 ENDING FUND BALANCE $0 $39,980 $9,755