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Joint City Council /PEDC Meeting <br />September 15, 2014 <br />Page 6 <br />did not have to be paid back, but prohibit future impermissible expenditures as a remedy. <br />Council Member Lancaster inquired what would happen to the assets of that particular entity. <br />Mr. Moore wanted to know which entity and Council Member Lancaster told him R3BI. Mr. <br />Moore said it depended on what she was talking about and Council Member Lancaster <br />referenced property and monies. Mr. Moore said he could not address how that should be <br />disposed. Council Member Lancaster wanted to know if it would go back to the PEDC or the <br />City and Mr. Moore inquired if PEDC had a lien. Council Member Lancaster said it was <br />purchased by the tax payer money. Mr. Moore said if there was a lien, they could get repayment. <br />Council Member Lancaster also asked about the existing monies in the bank accounts. Mr. <br />Moore said a lawsuit could be filed to potentially recover monies that were owed under a <br />contract. Council Member Lancaster reminded Mr. Moore there was no contract. Mr. Wilson <br />asked if the contract was signed, to which Council Member Lancaster replied no. Mr. Wilson <br />asked about a remedy for an unsigned contract and how much money was expended. Mr. Moore <br />explained there may be some applicable arguments or detrimental reliance arguments that could <br />be raised if they had a contract. He said they were getting into equitable issues to raise, but <br />obviously it was better to have a signed contract. Mr. Wilson again asked how much money was <br />given to R3BI and wanted to know what it was used for. Council Member Lancaster told Mr. <br />Wilson it was used for everything, such as Hank Betke's salary although he was a contract <br />employee of PEDC. She said it was used for bail -outs and most of the first year it looked like it <br />was just feathering their nest. Mr. Moore reiterated they need to have written contracts. Council <br />Member Lancaster said absolutely and because there was no written contract, there was no <br />oversight. She said this was a severe waste of tax payer monies. Mr. Brockman inquired if the <br />monies were approved by the Board and the City Council and Council Member Lancaster said <br />they were not approved by the Board. <br />Mrs. Clifford asked if she could answer that question. Mrs. Clifford reported that over <br />the three (3) year period approximately $400,000 was given to R3BI. She said part of that was <br />put into a line item on the budget for a certain amount, but a lot of it was in excess of what they <br />paid in advertisement for the grand opening, and used for just about anything. Mrs. Clifford <br />explained from the accounting part if you look at the line item budget for that account, you <br />would see there were other expenses placed in that account line item budget. She further <br />explained if you go through and look at R3BI and review the exact line item, there were much <br />more throughout the budget. She also said some expenses may be under new industry, it may be <br />under existing industry, it may be under global recruiting, rural innovations, just anywhere they <br />needed to stick the money. Mrs. Clifford said if you look back through it, you could say those <br />were fraudulent, because it wasn't the line item those expenses should have been put in. Mrs. <br />Clifford told Mr. Moore that was one way of looking at it and referenced attended the training he <br />conducted in 2013. Mrs. Clifford said at that time she asked the question, could you give money <br />to another organization and Mr. Moore's answer was no. She said she guessed that was what he <br />was saying now too. Mrs. Clifford brought up the AG Opinion that he talked during that training <br />regarding that the City of Pampa could not give money to the Junior College. Mrs. Clifford <br />wanted to know what would happen if Pampa would have just gone and done it. Mr. Moore said <br />if they would have done it, the Attorney General would have told them they need a written <br />contract because you cannot gift public monies, and that there needs to be a written contract. He <br />also said at the same time there was not a criminal provision. Mrs. Clifford inquired why you <br />