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2009-02-03 SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING: February 3, 2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall Board Members present: President Carolyn Morris, Vice-President Sherry Berman, Secretary Virginia M. Muzyka (arrived at 4:21 p.m.) and Board Members Pamela Muller, John Slocum* and Vernon Stansell. Board Members absent: Board Member Gregory Jones. Staff present: Assistant City Manager / Director of Public Safety Jim Blagg, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager Peter Kao, Chief of Police Services Robert Finn, Director of Finance Sharen Jackson, and Deputy City Secretary Tara Brooks. Agenda Item No. 1. Call to order. The meeting was called to order by President Morris at 4:05 p.m. Agenda Item No. 2. Executive Session / Agenda Item No. 3. Reconvene. An Executive Session was not held. Agenda Item No. 4. Public Forum. No one spoke during the public forum. Agenda Item No. 5A. Construction Management Report. Director Tribble presented this item to the Board. CONSENT AGENDA: Consent agenda items are considered to be routine by the board and are enacted with one motion. Agenda Item No 6A Approval of the minutes from the September 16, 2008 Southlake Parks Development Corporation special meeting. A presentation was not made on this item. Motion was made to approve the minutes from the September 16, 2008 Southlake Parks Development Corporation special meeting as presented. Motion: Muller Second: Stansell Ayes: Muller, Berman, Morris Nays: None Abstains: Slocum, Stansell Approved: 3-0-2 REGULAR AGENDA: Agenda Item No 7A Resolution No 09-001 declaring intention to undertake projects and reimburse City for debt issuance. Director Jackson presented this item to the Board. Southlake Parks Development Corporation meeting minutes, February 3, 2009 Page 1 of 2 Motion was made to approve Resolution No. 09-001, declaring intention to undertake projects and reimburse City for debt issuance. Motion: Stansell Second: Slocum Ayes: Berman, Muller, Slocum, Stansell, Morris Nays: None Approved: 5-0 Secretary Muzyka arrived during the presentation of the next item. Agenda Item No. 7B. Recommend approval of the Site Plan and Concept Plan for Safety Town. Construction Manager Kao presented this item and answered the Board's questions. Director Tribble answered the Board's questions. Anne Wise answered the Board's questions. Motion was made to recommend approval of the Site Plan and Concept Plan for Safety Town. Motion: Slocum Second: Muzyka Ayes: Berman, Muller, Muzyka, Slocum, Stansell, Morris Nays: None Approved: 6-0 Agenda Item No 7C. Recommend approval of the conceptual design for park monument si na e. Director Tribble presented this item and answered the Board's questions. Motion was made to recommend approval of the conceptual design for park monument signage. Motion: Berman Second: Slocum Ayes: Berman, Muller, Muzyka, Slocum, Stansell, Morris Nays: None Approved: 6-0 Agenda Item No. 8. Discussion. Agenda Item No. 9. Adjournment. President Morris adjourned the meeting at 5:05 p.m. AAA4,44 Carolyn rris ATTEST: President UW Tara Brooks Deputy City Secretary *Board Member John Slocum was sworn in prior to the meeting. Southlake Parks Development Corporation meeting minutes, February 3, 2009 Page 2 of 2 SOUTHLAKE PARKS DEVELOPMENT CORPORATION RESOLUTION NO. A Resolution Relating to the Use of Revenues in Support of the City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2009 and Resolving Other Matters Incident and Related Thereto WHEREAS, the Southlake Parks Development Corporation (the "Corporation") collects a sales and use tax as voted and approved by the voters of the City of Southlake, Texas (the "City") and as provided by law; WHEREAS, the City desires to acquire, construct, improve and equip park and recreation facilities, including the acquisition of land therefor (the "Project") and proposes to issue "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2009" (the "Certificates") to finance the Project and other projects; WHEREAS, the Board of Directors (the "Board") of the Corporation desires to contribute a pro rata portion of said sales and use tax to the City so that the portion onf the Certificates related to the park and recreation facilities may be viewed as supported by the revenues made available to the City from the Corporation; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION THAT: Section 1. The Board hereby agrees to contribute to the City a portion of the sales and use tax revenues (the "Revenues") received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to support that portion of the Certificates related to financing park and recreation facilities to be constructed by the City. The Corporation's commitment to contribute the Revenues to the City as set forth herein shall continue for such time as the Certificates are no longer outstanding. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Board. Section 3. All orders, ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application 756426662/08006101 of such provision to other persons and circumstances shall nevertheless be valid, and the Board hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.] 75642666.2/08006101 2 PASSED AND ADOPTED on the 3rd day of February, 2009. SOUTHLAKE PARKS DEVELOPMENT CORPORATION President ATTEST: Secretary 75642666.2/08006101 S-1