City Council
	Agenda Request
Agenda Of:	8/26/08	Agenda Request No:		ii a
Initiated By:	Andrew Temple, Management Assistant II	Responsible Department:		business & intergovernmental relations
Presented By:	joe esch, executive director	Department Head:		Joe Esch, executive director
		Additional Department. Head (s):		n/a
Subject / Proceeding:	Resolution No. 08-29 Approving & Authorizing Publication of Notice of Public Hearing With Respect to Certain November 2008 Ballot Propositions Regarding Development of the Cultural Entertainment District Consideration & Action
Exhibits:	Resolution No. 08-29
Clearances			Approval
Legal:	eugenia cano, assistant city attorney		Executive Director:	Joe Esch
Purchasing:	n/a		Asst. City Manager:	n/a
Budget:	n/a		City Manager:	Allen Bogard
Budget
Expenditure Required: $			n/a
Amount Budgeted/Reallocation: $			n/a
Additional Appropriation: $			n/a
Recommended Action
Approve Resolution No. 08-29 approving and authorizing publication of notice of public hearing with respect to certain November 2008 ballot propositions regarding development of the Cultural Entertainment District.
Executive Summary
At the August 5, 2008 meeting, City Council received recommendations from the 24-member Visioning Task Force to move forward with development of the Cultural Entertainment District and to call an election for November 2008 to ask voters to authorize the expansion and use of existing Sugar Land Development Corporation sales taxes and approval of venue-specific taxes to fund the proposed facilities. The approval of the ballot propositions by the voters would only provide the funding tools necessary to proceed with development efforts. Upon discussion and consideration at their August 19^th meeting, City Council unanimously approved a resolution calling a special election for November 2008 to put the issue before the voters. In conjunction with that ordinance, the City’s attorneys with Andrews Kurth LLP have recommended that the City also declare its intentions to hold a public hearing to discuss the projects in greater depth. A public hearing must be held prior to a special election and notice of the hearing must be published 30 days prior to the hearing date. The attached resolution therefore approves and authorizes the Mayor and City Secretary to publish notice of a public hearing to discuss the cost and impact of the proposed projects.
Exhibits

RESOLUTION NO. 08-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING REGARDING VOTER AUTHORIZATION FOR AN ELECTION TO USE SUGAR LAND DEVELOPMENT CORPORATION PROCEEDS TO PAY A PORTION OF THE COSTS OF DEVELOPMENT, OPERATION, AND MAINTENANCE OF A CULTURAL ENTERTAINMENT DISTRICT.

WHEREAS, the City Council of the City of Sugar Land, Texas (the City), on April 15, 2008, approved a Conceptual Site Plan (the Conceptual Site Plan) for a Cultural Entertainment District (the Cultural Entertainment District) proposed to be developed by or on behalf of the City on undeveloped land near the University of Houston at Sugar Land campus; and

WHEREAS, on August 5, 2008, the City Council approved moving forward with the development of the Cultural Entertainment District as described in the Conceptual Site Plan, including a minor league ballpark, concert venue and festival site (collectively, the Venue Projects); and

WHEREAS, the City Council has called for an election (the Election) to be held on November 4, 2008 for the purpose of, among other things, obtaining voter approval for the Sugar Land Development Corporation to use the proceeds of its sales and use tax to pay a portion of the costs of development and maintenance and operation of the Venue Projects; and

WHEREAS, pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon’s Texas Civil Statutes, as amended (the Act), before the Election may be held, a public hearing must be held in the City to inform the residents of the City of the cost and impact of the Venue Projects; NOW THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL

OF CITY OF SUGAR LAND, TEXAS:

Section 1. Authorization to Publish Notice. That the City Secretary is directed to cause notice to be published of the public hearing to be held to inform the residents of the City of the cost and impact of the Venue Projects. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A, incorporated herein by reference as a part of this resolution.

Section 2. Manner of Publication. That the City Secretary shall cause a copy of such notice to be published in a newspaper of general circulation in the City at least 30 days before the date set for the hearing and weekly thereafter until the date of the hearing.

Section 3. Authorization of Other Matters. That the Mayor, City Secretary and other City staff and officials are authorized and directed to perform all other actions necessary in order to carry out the terms and provisions of this resolution and to execute, acknowledge and deliver on behalf of the City any and all documents in connection therewith.

Section 4. Open Meeting. That it is hereby found, determined and declared that a written notice of the date, hour, place and subject of the meeting of the City Council at which this resolution was adopted was given for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof.

Section 5. That the provisions of this resolution are severable and the invalidity of any part of this resolution will not affect the validity of the remainder of the resolution.

APPROVED on _________________________, 2008.

_________________________

James A. Thompson, Mayor

ATTEST:

_____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance:

EXHIBIT A

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Sugar Land, Texas (the “City”), will convene at 5:30 p.m. on October 7, 2008, at the Sugar Land City Council Chambers, 2700 Town Center Boulevard North, Sugar Land, Texas 77479, and during such meeting the City Council will inform the residents of the City of the cost and impact of the following described projects proposed to be developed by the Sugar Land Development Corporation, on behalf of the City, as part of the Cultural Entertainment District to be located on undeveloped land near the University of Houston at Sugar Land campus, to wit: a minor league ballpark, concert venue and festival site. Specifically, on November 4, 2008 the City is submitting election propositions for the voters to vote on authorizing the Corporation to use proceeds of its sales and use tax to pay a portion of the costs of development and operation and maintenance of such projects.