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Min 12/28/2009 753 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 28, 2009 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Chambers of the Memorial Auditorium Building at 3:00 o'clock p.m., with the following members present. Lanham Lyne - Mayor Glenn Barham - Councilors Michael Smith - Jim Ginnings - Charles Elmore - Rick Hatcher - Absent Dorothy Roberts-Burns - Absent Darron Leiker - City Manager Miles Risley City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. This was a joint meeting with the Wichita Falls Economic Development Corporation/4A Board. All 4A Board members were in attendance. Presentations were made on the following proposed incentives for the industries listed. a. Kevin Pearson, Vice President Economic Development, Chamber of Commerce, presented proposed incentives for Tryer Process Equipment. Mr. Tom Tryer and Mr. Jonathan Tryer were unable to be at this meeting due to the short notice of this meeting and the holidays. Proposed incentives for Tryer Process Equipment are in the amount of up to an additional $112,000 of costs for expenditures for the creation of primary jobs in the petroleum industry metal fabrication industry at 3737 Old Iowa Park Road in Wichita Falls. This Agreement is an extension of the April 11, 2008 Agreement with Tryer Process Equipment and is a "cash for jobs", another 16 jobs. b. Mr. Ralph Rossdeutscher, President Natura World Inc, Cambridge, Ontario, Canada, provided detailed information on his company, its products, and future plans. Proposed incentives for the Bedding Manufacturer Project are in the amount of up to $11,900,000 of costs for land, buildings, equipment and other expenditures for the creation of primary jobs in the bedding research, manufacturing and distributing industry in Wichita Falls. c. Mr. James Frank and Mr. John Bridgeman, Sharp Iron Control, LLC partners, provided detailed information on their company and plans. Proposed incentives for Sharp Iron Control (and related entities) are in the amount of up to $625,000 of costs for expenditures for the creation of primary jobs in the custom electrical controls industry at 2450 Burkburnett Road or other location in Wichita Falls. 754 Item 4 City Council went into Executive Session at 4:05 p.m. in accordance with Texas Government Code Sections 551.071, 551.072, and 551.087. City Council reconvened at 5:04 p.m. Mayor Lyne announced that no polls or votes were taken during Executive Session. City Council took action on the following items after the Wichita Falls Economic Development Corporation/4A Board acted on them. The Wichita Falls Economic Development Corporation/4A Board acted on the Tryer Process Equipment Project at their December 17, 2009 meeting. Item 2a RESOLUTION NO. 175-2009 Resolution Approving The Wichita Falls Economic Development Corporation's Program and Expenditure for the Tryer Process Equipment Project in the Amount of$112,000 Moved by Councilor Ginnings that Resolution No. 175-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 2b RESOLUTION NO. 176-2009 Resolution Approving The Wichita Falls Economic Development Corporation's Program and Expenditure for the Bedding Manufacturer Project in the Amount of$11,900,000 Moved by Councilor Barham that Resolution No. 176-2009 be passed modifying the proposed incentives in the amount of up to $9,900,000 instead of $11,900,000; and adding the following language to the next to last paragraph in the resolution: "... subject to receipt of the secured personal obligation of Mr. Rossdeutscher, reviewed by an independent accounting firm to the satisfaction of the President of the Wichita Falls Economic Development Corporation and the Mayor:" That paragraph would read as follows in its entirety: "The Wichita Falls Economic Development Corporation's approval and funding of the following programs and expenditures, as described above and in said corporation's agenda, is approved, subject to receipt of the secured personal obligation of Mr. Rossdeutscher, reviewed by an independent accounting firm to the satisfaction of the President of the Wichita Falls Economic Development Corporation and the Mayor:" Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Ginnings and Elmore Nays: None 753 Item 2c RESOLUTION NO. 177-2009 Resolution Approving The Wichita Falls Economic Development Corporation's Program and Expenditure for the Sharp Iron Control, LLC Project in the Amount of$625,000 Moved by Councilor Ginnings that Resolution No. 177-2009 be passed with modifications to the last paragraph in the resolution to read as follows: "Sharp Iron Control, LLC Project--- Proposed incentives for Sharp Iron Control or other entity in the electrical control business (and related entities) in the amount of up to an additional $600,000 of"costs" for Expenditures for the creation of primary jobs in the custom electrical controls industry at 2450 Burkburnett Road of other location in Wichita Falls." Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 3 Agenda Item 3 on Capital Improvements Plan &financing methods for said Plan was not considered. City Council adjourned at 5:11 p. m. PASSED AND APPROVED this_L�day of 2010. I YO -I T-J ATTEST: ydia Ozuna City Clerk NOTICE OF MEETING Joint Meeting with Wichita Falls Economic Development Corporation Special Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On December 28, 2009 Beginning At 3:00 P.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call to Order 2. Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation, A 4A Development Corporation, Including, But Not Limited To: a. Tryer Process Equipment Project --- Proposed incentives for Tryer Process Equipment (and related entities) in the amount of up to an additional $112,000 of "costs" for expenditures for the creation of primary jobs in the petroleum industry metal fabrication industry at 3737 Old Iowa Park Road in Wichita Falls. b. Bedding Manufacturer Project --- Proposed incentives for bedding manufacturer in the amount of up to $11,900,000 of "costs" for land, buildings, equipment, and other expenditures for the creation of primary jobs in the bedding research, manufacturing, and distributing industry in Wichita Falls. c. Sharp Iron Control, LLC Project --- Proposed incentives for Sharp Iron Control (and related entities) in the amount of up to $625,000 of "costs" for Expenditures for the creation of primary jobs in the custom electrical controls industry at 2450 Burkburnett Road in Wichita Falls. 3. Capital Improvements Plan & financing methods for said Plan. 4. Executive Sessions: (a) Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to economic development agreements with petroleum industry metal fabrication entity, City Council Agenda December 28, 2009 Page 2 custom electrical control industry entity, bedding research, manufacturing, and distributing industry entity and entities otherwise described in this agenda). (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of security interests to be taken in properties related to economic development agreements with entities otherwise described in this agenda). (c) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, incentives of the Wichita Falls Economic Development Corporation for petroleum industry metal fabrication entity, custom electrical control industry entity, bedding research, manufacturing, and distributing industry entity and economic development agreements with entities otherwise described in this agenda). 5. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces located in the front parking lot of the facility. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. *Capital improvements being discussed at this meeting may include any capital improvements to be potentially planned or undertaken by the City of Wichita Falls, and may include, but will not be limited to, construction of streets, sidewalks, trails, traffic control facilities, park facilities, water& sewer improvements, drainage facilities, administrative buildings, law enforcement facilities, fire control facilities, airport improvements, and other public buildings and equipment to perform the aforementioned functions and any other City activities. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed,any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance,development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including,without limitation, any street,water pipe,sewer,drainage structure,department, employee,contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087.Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents without further public notice.This agenda has been reviewed and approved by the attorney for the governing body,and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter City Council Agenda December 28, 2009 Page 3 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject or description thereof may be legally discussed in a closed meeting. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2009 at o'clock (a.m.)(p.m.). City Clerk