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Res 040-2007 3/20/2007 � — e RESOLUTION NO. C7 ! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS WITH MACHINING SOLUTIONS AND AFFILIATED ENERGY PRODUCTS AND APPROVING AMENDMENTS TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION BUDGET IN THE AMOUNT OF $470,880; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, The Wichita Falls Economic Development Corporation met on March 8 to consider economic development incentive agreements with Machining Solutions and Affiliated Energy Products; and WHEREAS, Both agreements were approved; and WHEREAS, An amendment to the fiscal year 2006-2007 Budget of the Wichita Falls Economic Development Corporation in the amount of $470,880 is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The economic development incentive agreement with Machining Solutions is hereby approved with the associated budget amendment of $409,500. SECTION 2. The economic development incentive agreement with Affiliated Energy Products is hereby approved with the associated budget amendment of $61,380. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the day of 20 day of March, 2007. .--- MAYOR ATTEST: , ity Clerk Memorandum of Understanding March 8, 2007 This is a Memorandum of Understanding (MOU) between Machining Solutions (Company) and the Wichita Falls Economic Development Corporation (WFEDC). 1. Definitions Positions — is defined as a new, full-time, benefit-eligible job, and whose wages are paid by the entity receiving benefits from this MOU. Base number of positions - is defined as the number of Positions in place at the Company as of the date of this MOU, and are verified by the Company by providing appropriate payroll documents to the WFEDC. Net new positions - is defined as Positions in excess of the base number of Positions resulting from the Company's expansion and that have been in place for a minimum of 18 months and are verified by the Company by providing appropriate payroll documents to the WFEDC. 2. The use of Section 4(a) Sales Tax proceeds will be contingent on the WFEDC's recommendation and City Council's approval of the following terms: A. Company's presentation to the WFEDC describing its intent to expand in Wichita Falls. Company's expansion will result in the creation of up to fifty-two (52) net new positions. B. The WFEDC will pay the company for the number of net new positions once they have been in place for a minimum of 18 months. C. The company's first request for payment of net new positions may not be made sooner than 18 months after the date of this MOU. The company my make subsequent requests for payments as appropriate with the final reconciliation of net new positions being made no more that 42 months from the date of this MOU. Net Hourly Wages Payment per Net New Position $17.01 and up $6,000 An additional 5% of salary will be paid for any position earning in excess of $50,000 per year, not to exceed $5,000 per position. C. In the event Company ceases operations in Wichita County, Texas, within twelve (12) months from the date of receipt of any incentives payment, Company shall, within sixty (60) days of the date of cessation of operations, repay the WFEDC the full amount of incentives received. Wichita Falls Economic Development Corporation: Machining Solutions By: By: Gary Shores Gary Norriss Chairman CEO Memorandum of Understanding March 8, 2007 This is a Memorandum of Understanding (MOU) between Affiliated Energy Products (AEP or Company) and the Wichita Falls Economic Development Corporation (WFEDC). 3. Definitions Positions — is defined as a new, full-time, benefit-eligible job, and whose wages are paid by the entity receiving benefits from this MOU. Verified Positions - is defined as a new positions used in the calculation of a"cash for jobs" benefit and are verified by the Company providing appropriate payroll documents. 4. The use of Section 4(a) Sales Tax proceeds will be contingent on the WFEDC's recommendation and City Council's approval of the following terms: D. Company's presentation to the WFEDC describing its intent to start a new company, Affiliated Energy Products (AEP), and build a 5,000 square foot manufacturing facility on Company's property in Wichita Falls. AEP will result in the creation of up to twelve (12) net new positions. E. No sooner than six (6) months from the date of this MOU and for a period of no more than twenty-four (24) months Company may petition the WFEDC by making a presentation disclosing the number of net new verified positions that have been created and that have been filled for a minimum of six months will receive payment for these position based upon the following schedule: Net Hourly Wages Payment per Net New Position $ 9.00 to $10.00 $2,000 $10.01 to $11.00 $3,000 $11.01 to $14.00 $4,000 $14.01 to $17.00 $5,000 $17.01 and up $6,000 An additional 5% will be paid for any employee earning in excess of $50,000 per year not to exceed $5,000 per employee. C. Kalco Machine and Manufacturing currently has 27 full-time positions and it is agreed and understood none of these positions will be transferred to the Company and counted as net new positions as stated in paragraph B. above. D. In the event AEP ceases operations in Wichita County, Texas, prior to twelve (12) months from the date of receipt of any incentives payment, AEP shall, within sixty (60) days of the date of cessation of operations, repay the WFEDC the full amount of incentives paid. Wichita Falls Economic Development Corporation Affiliated Energy Products By: By: Gary Shores David Kulbeth Chairman President