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Res 149-2004 10/19/2004RESOLUTION NO 149 -2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH PPG INDUSTRIES AND AMENDING THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATIONS FISCAL YEAR 2004 -2005 BUDGET', 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 (WFEDC) met on October 12, 2004 to consider an Economic Development Incentive Agreement with PPS Industries, and WHEREAS, The WFEDC has approved the Incentive Agreement and recommended a corresponding budget amendment. 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 PPG Industries is hereby approved. SECTION 2 The Wichita Falls Economic Development Corporation's Fiscal Year 2004 -2005 Budget is hereby amended in the amount of $2,050000 for this project. 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 19°' day. of October, 2004. D11P11P�ts�r� ATTEST: hallu o City Cle Memorandum of Understanding October 12,2004 This is a Memorandum of Understanding (MOU) between PPG Industries (PPG), the Wichita Falls Economic Development Corporation (WFEDC), and the Burkburnetl Development Corporation (BDC). I. The WFI'D( and the DEC recommend to their respective City Councils approval of the use of their economic development sales tax proceeds as desenbard below. 2. By definition the Coster Project is an expansion of PPG's existing manufacturing operations In Wichita County, Texas that will result in up to $40,000.000 in new capital investment. The new capital investment will include both the seeable expansion of PPG's real property, as well as the addition of new porsoml property needed to conduct manufacturing operations currently not being performed at PPG's manufacturing bell by in Wichita Count), Texas. J. By definition, a "qualifying job" is a new fall -flume job filled by an individual employed by PPC, that has been created as a result of the Coster Project as PPG's Wichita County, 'I was location, Is benefit eligible, and has been in place fur a minimum of 6 months. 4. The use of economic development sides pays proceeds will be contingent on the following. A. PPG's presentation to the WFEDC and the BDC describing their intent to expand operations in Wichiw County as a result of the Coster Project that will in turn usual In up to 9410,OOg000 in new capital investment and that will create m excess of 50 new jobsat ?PC a location in Wichita Counts. Tgrxas. B. the WFEDC's and BDC 'a recommendation and their respective City Councils' approval of economic development sales tax proceeds being used to encourage the location of the ?PC "texas Coster" project at their operations in Wichita Cluny -, Texas versus other locations, 0 The WFEDC and BDC agree to pay PPG a development grant equal to 5% of the capital vestment associated with the Coster Project 'Ihe WFEDC agrees to pay 90 n of the grant and the BDC agrees to pay a0% of the grant. The total amount of the grant by the WFEDC and the BDC shall not exceed $2,000,000. Tlus payment will be made in we installments. The first payment of one -third of the development grant will be made after a presznwlon by PPG to the WFEDC end DEC Is given, evidencing the anticipated value of tile new capital investment and that concoction is tmderwns. The second payment of two-thirds of the development grant will occur or the same time the Cash for labs is reconciled. 'Due farmers for final reconciliation ofthe development gram will be: (Actual real enGpersenal property interlinear X ill %) - (Crenjo =Feral Amount In the event the "final amount" is a negative number, PPG will owe the WFEDC 907 and the DEC 10% of this amount in a refund. D. At a &it to be determined by PPG prior to May I, 2009, a presentation will be made to the WFEDC and the ADC evidencing the creation of qualifying jobs. Upon completion of this presentation, a payment will he made to PPG using the schedule detailed below for cry qualifying job created. Hearly Wage Range Cash per Job $9.00 to 1 L99 $2.000 W $12.00to 14.99 $3,000.00 $IS00 and ever $5,000.00 Additiomlly. A one -time payment premium of 5% or annual salary will be paid at the same time the cash for jobs is mcoociled lot each qualifying jab that pays a base salary of at least $50,000 and not more than S1 00,001) before benefits. The WPEDC will pay 9(Mu of Ills incentive and the BDC will pay 10 %ofthis incentive. In the event that the PPG Crater Proper ceases operations in W Iehiu, County. Texas prior to five years from the date of receipt of any incentives payment, PPG shell within sixty (60) days of the date of cessation of operations repay the WPEDC and the BDC the fill moment of all incentives received by PPC_ 'I his MOl1 and PPG's cnmminnent to locate the Ceater Project at their Wishim County, 'Texas location is contingent upon PPG Board of Directors approval. Wiehim Falls Economic PPG Industries Development Corporation By:_ B Gory Shores susan Plies Chairman Plant Mareager Blrkburnen Development Corporation parody Fudge Chairman