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Res 173-2005 12/20/2005RESOLUTION NO. 173°� X)S - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2005 -2006 BUDGET IN THE AMOUNT OF $1,900,000 FOR AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH ATCO STRUCTURES, INC. AND PURCHASE OF A BUILDING AT 2400 BURKBURNETT ROAD; 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 to consider an Economic Development Incentive package for ATCO Structures, Inc.; and, WHEREAS, the Economic Development Incentive package includes a $500,000 cash for jobs incentive, and the purchase of a building at 2400 Burkburnett Road to be leased back to ATCO Structures, Inc.; and, WHEREAS, an Amendment to the Wichita Falls Economic Development Corporation's 2005 -2006 Budget in the amount of $1,900,000 is required to fund the Economic Development package. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . An Amendment to the Wichita Falls Economic Development Corporation's 2005 -2006 Budget in the amount of $1,900,00() is hereby approved. SECTION 2 . 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 20 day of December, 2005. L I t ' 1 ATTEST: . /. _ _ Memorandum of Understanding 16 December 2005 This is a Memorandum of Understanding (MOU) between ATCO Structures (USA) Inc. (Company) and the Wichita Falls Economic Development Corporation ( WFEDC). I. The WFEDC recommends that the City Council approve the use of Section 4(a) Sales Tax proceeds as described below. a. Expend up to $1.4 million to acquire and improve the former Fleetwood facility at 2400 Burkburnett Road contingent upon leasing said property back to Company on terms to be determined by Gary Shores, President of the WFEDC and Bill Sullivan, City Attorney of the City of Wichita Falls, on behalf of the WFEDC Board of Directors and which are satisfactory to the Company. b. Provide a Cash for Jobs incentive not to exceed $500,000 based on the following: Jobs Incentive 'Total Annual Pav Created PerJob In centive $20,000 - $30,000 4 $3,000.00 $12,000.00 $30,000 - $40,000 1 $4,000.00 $4,000.00 $40,000 - $50,000 3 $5,000.00 $15,000.00 $50,000 - $60,000 1 $5,500.00 $5,500.00 $60,000 - $70,000 1 $6,000.00 $6,000.00 Subtotal 10 $42,500.00 Jobs Incentive Total Hourly Pay Created ep rJob Inc entive $ 8.00 - $ 9.00 6 $2,250.00 $13,500.00 $ 9.00 - $10.00 60 $3,250.00 $195,000.00 $10.00 - $11.00 40 $3,500.00 $140,000.00 $13.00 - $14.00 16 $4,000.00 $64,000.00 $19.00 - $20.00 10 $4,500.00 $46,000.00 Subtotal 132 $457,500.00 TOTAL 142 $500,000.00 2. Definition New Positions - new, permanent, full -time, benefit eligible positions that have been created as a result of Company's new operation in the City of Wichita Falls, and positions that have been filled by one or more individuals for a minimum of 6 months. 3. Description of the Project a. Company will manufacture modular structures for oil /gas industry housing, schools, banks and other custom made structures to be shipped domestically and internationally. b. Company will invest in total approximately $800,000 in the facility in Wichita Falls and invest $1 million in Raw and Work In Progress inventory. c. Company will create a minimum of 100 new, permanent full -time positions with the potential for up to 142 new, permanent full -time positions over a period of two years from the date of an executed lease between WFEDC and Company. d. Company will provide all full -time positions a benefits package to include at a minimum medical, dental and life insurance. e. Payment will be made to Company after the Company has been in continuous operation for a period of not less than six months and that each position has been in existence for a period of not less than six months. Company must petition the WFEDC in person for the above proceeds and must provide any and all requested documentation to verify employment. Company may petition the WFEDC on an as- needled basis through March 1, 2008. 4. Clawback Provision a. In the event the Company ceases operations in Wichita Falls, Texas, for any reason, Company will repay the WFEDC within sixty (60) days of the date of cessation of operations any and all proceeds received by it from this Cash for Jobs incentive based upon the following schedule: Amount Year Repaid 1 100% 2 75% 3 50% 4 25% 5 0% Wichita Falls Economic Development Corporation By: Gary Shores Chairman ATCO Structures (USA) Inc. 0 Harry Kuklas President Date: Date: