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Res 128-2005 9/20/2005RESOLUTION NO. I J1, J5- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2004 -2005 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION TO PROVIDE ADDITIONAL RECONCILIATION FOR AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH SHARP IRON, INC.; 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) entered into an Economic Development Incentive Agreement with Sharp Iron, Inc., dated March 12, 2004; and WHEREAS, The Wichita Falls City Council did approve said agreement and amended the WFEDC budget to provide funding for said agreement; and WHEREAS, Sharp Iron did perform and complete the terms of said agreement, and was paid; and WHEREAS, Sharp Iron has provided additional job opportunities in the Wichita Falls area, and has requested additional consideration for jobs created and or retained in accordance with the Incentive Agreement dated March 12, 2004; and WHEREAS, The WFEDC did meet on September 6, 2005 and has recommended an additional payment of $70,000 for jobs created and /or retained by Sharp Iron. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The Wichita Falls Economic Development Corporation's 2004 -2005 Budget is hereby amended in the amount of $70,000 to provide additional reconciliation for Sharp Iron. 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 20th day of September, 2005. MAYOR ATTEST: ity Clerk Memorandum of Understanding March 12, 2004 This is a Memorandum of Understanding (MOU) between Sharp Iron, Inc. (SI) and the Wichita Falls Economic Development Corporation (WFEDC). 1. The WFEDC recommends that the City Council approve the use of Section 4(a) Sales Tax proceeds as described below. 2. Definitions Base number of jobs - is defined as the number of jobs in place at SI's Wichita Falls' facility as of the day of this Understanding. Retained Job - is defined as full -time, benefit eligible, that has been retained as the result of the acquisition of Custom Metal Services, Inc. assets and the creation of a new corporation (SI) as of the day of the Understanding, and that has been in place by SI for a minimum of 6 months. New Job - is defined as a new full -time job in addition to the base number of jobs that has been created as a result of the formation of the new corporation (SI), is benefit eligible, and has been filled by a SI employee for a minimum of 6 months. 3. The use of Section 4(a) Sales Tax proceeds will be contingent on the following: A. SI's presentation to the WFEDC describing their intent to retain up to 55 existing full -time jobs as of the date of this MOU and to potentially create new jobs. The presentation will also include the base number of jobs. B. The WFEDC's recommendation and City Council's approval of Section 4(a) sales tax proceeds being used to encourage SI's retention of jobs and the creation of new jobs. C. SI within twelve months of the day of this Understanding will make a presentation and provide documentation to the WFEDC evidencing the new corporation, the retained jobs and any new jobs created. Upon completion of the presentation, a payment for both a retained job and /or a new job will be made to SI based upon the following schedule: Net Hourly Wages Payment per Job (Retained or New) $ 9.00 to $10.00 $2,000 $10.01 to $11.00 $3,000 $11.01 to $14.00 $4,000 $14.01 and up $5,000 D. In the event that SI ceases operations in Wichita Falls, Wichita County, Texas prior to twelve (12) months from the date of receipt of any incentives payment, SI shall within sixty (60) days of the date of cessation of operations repay the WFEDC the full amount of the incentive paid. Wichita Falls Economic Sharp Iron, Inc. Development Corporation By: Gary Shores Chairman ,Tames Frank President