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MElVIORANDUlVI
To: Mayor; City Council, City Manager
From: Floyd Batiste, CEO
Date: March 2, 2010
Subject: P. R. No. 15776; Council Meeting of March 9, 2010
Attached iS P. R. No. 15776 authorizing the execution of an
agreement between the City of Port Arthur Section 4A Economic
Development Corporation and the City of Port Arthur as it pertains
to administrative charges for fiscal year October 1, 2009 through
September 30, 2010 in accordance with Section 12.03 of the Bylaws
of the Corporation.
P.R. No. 15776
2/24/2010
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMEN"I' BETWEEN THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
AiND THE CITY OF PORT ARTHUR AS IT PERTAINS TO
ADMINISTRATIVE CHARGES FOR FISCAL YEAR
OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 IN
ACCORDANCE WTTH SECTION 12.03 OF THE BYLAWS OF
THE CORPORATION " '
WHEREAS, the City Council of the City of Port Arthur, Texas (the "City") approved
Ordinance No. 09-69. as it pertained to administrative charges for the fiscal year October 1, 2009
through September 20, 2010, at $2.00 per month; and
WHEREAS, the City has requested an amendment to the administrative charges for the
fiscal year of October. l , 2009 through September 30, 2010 to increase the administrative fee paid
by the City of Port Arthur Section 4A EconomicDevelopmenYCorporation (the "PAEDC"); and'
WHEREAS, the PAEDC has approved a budget adjustment iri the amount of $35,001 as
requested for the administrative fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City herein approves a budget amendment for the PAEDC for
administrative fees in the amount of $35,001 for the 2009/2010 Fiscal Year, to be paid to the City
for administrative services and the execution of an amendment to the Agreement in substantially
the same form as attached hereto as Exhibit "A".
Y
Section 3. That a copy of the caption of the Resolution be spread-.upon the Minutes of the '
City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2010, at
a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
DELORIS "BOBBIE" PRINCE, MAYOR
ATTEST:
APPROVED:
FLOYD BATISTE; PAEDC CEO
APPROVED AS
GUY N. GOODSON. PAEDC ATTORNEY
APPROVED AS TO FORM:
VALECIA R.
APPROVED AS TO THE AVAILABILITY OF FUNDS:
DIRECTOR OF FNANCE
EAflOUIT it /e f9
M
STATE OF TEXAS
COUNTY OF JEFFERSON
§ AGREEMENT
•The City of Port Arthur, Texas (the "City') and the City of Port Arthur Section 4A
Economic Development Corporation (the "PAEDC") herein agree as to the following:.
I. ADMINISTRATIVE CHARGES
The City and the PAEDC herein agree that.for administrative charges and services for the
fiscal year from October 1, 2009 to September 3Q 2010, the PAEDC shall pay to the City
$35,001 of sales tax.revenue received during this fiscal year. -Said $35,001 shall reimburse the
City for such administrative, legal, and staff support that the City shall provide in facilitating
PAEDC projects during this fiscal year. Said $35,001 shall be paid by the PAEDC to the City
beginning the month of March 2010 and thereafter through September 2010; as the sales tax
moneys are received from the Comptroller.
II. CITY ASSISTANCE
(a) -The City will. also continue to assist the PAEDC in pending. litigation.
Nevertheless, the time and costs of the City Attorney will be requested to be
reimbursed by the other litigants, if it is feasible.
(b) The PAEDC staff can call on and have reasonable access to City departments to
address issues respecting projects for their comments.
(c) The PAEDC staff shall have access to non-confidential City records to facilitate
the PAEDC projects.
III. AUDIT,FEES
The City and the PAEDC herein agree that the PAEDC shall also pay the City its
proportionate share of the audit fees that are allocated to the PAEDC.
SIGNED AND AGREED to on this the day of , 2010.
City of Port Arthur, Texas
sy:
Mayor
t
SIGNED AND AGREED to on this the
day of , 2010.
City of Port Arthur Section 4A
Economic Development Corporation
By:'
President
By:
Secretary
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