1998-05-13-PEDC 319
MINUTES OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION
May 13, 1998
The Paris Economic Development Corporation met in a regular meeting on
Wednesday, May 13, 1998, at 4:00 P.M., in the City Hall North Annex, Meeting
Room, Paris, Texas. President Curtis Fendley called the meeting to order with
the following boardmembers present: Dick Amis, Michael Rhodes, Leon Williams
and Barney Bray. Also present at this meeting were ex-officio boardmembers,
Sims Norment, Councilman Gene McWaters, Executive Director Gary Vest, City
Manager Michael E. Malone and City Attorney Scott Foster.
President Fendley stated that the next item on the agenda was approval of the
minutes from the previous meeting of the Paris Economic Development
Corporation. He asked if there were any corrections or additions to the minutes
of the previous meeting and there were none. President Fendley stated since
there were no corrections or additions to these minutes they stood approved as
presented.
President Fendley welcomed Councilman Gene McWaters as a new council
member standing in for Mayor Charles Neeley who was unable to attend the
meeting.
President Fendley asked Gene Anderson, Director of Finance, to give the
financial report. Mr. Anderson gave the April report. President Fendley asked if
anyone had any questions, and there were none. Boardmember Dick Amis made
a motion, seconded by Boardmember Barney Bray, that the financial report be
approved as presented. The motion carried unanimously.
President Fendley asked Mr. Vest to make his report. Mr. Vest discussed the
responses received since the last meeting and recent activities in connection
with the B & W Plant. Mr. Vest discussed the T.N.R.C.C. proposed policy
bringing us into the Dallas/Ft. Worth Non-Attainment Area. He said that the Texas
Air Quality Coalition has been formed and have invited the Board to become a
participant in this group. He said that Campbell Soup and Kimberly Clark are
members of this group and the City and County are considering participation He
said that the coalition has requested a membership fee of $5,000.00 that will be
used for scientific studies. Boardmember Bray stated that he would like to know
if they received more than one proposal. Boardmember Bray stated the Board
needs to know if other bids were received and to have a proposal from the
Company which reflecting their qualifications. Mr. Vest stated that he would
research this company's qualifications and reputation and report back to the Board.
President Fendley said when Mr. Vest gets this additional information then we
can proceed in this matter at another meeting and make some resolution as to
this request. Mr. Vest stated that they have been looking at disposing of the
equipment in the BITCO Plant, and he has received two bids for the equipment.
He said that he has also contacted local and out of town auctioneers. He
discussed all the proposals that he had received and stated that he preferred
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Investment Recovery Services out of Ft. Worth, Texas. After discussion,
Boardmember Dick Amis made a motion, seconded by Boardmember Michael
Rhodes to approve the hiring of Investment Recovery Services to conduct this
auction on June 18, 1998, which carried unanimously. This action is to be
authorized by a pass around resolution to be prepared by the City Attorney.
President Fendley asked Boardmember Amis to give the Nominating Committee
Report. Mr. Amis stated that they are still considering several names to be given
to the City Council as replacements for Mr. Fendley and Mr. Williams. He said
that they will provide the names to the City Council prior to their June meeting.
President Fendley asked Mr. Vest to discuss the Annual Plan of Work and Budget
for fiscal year 1998/'1999. Mr. Vest advised that it was time for preparation of the
Annual Plan of Work and Budget for the coming year. He said that the Board
needs to decide the course to be taken in the coming year. After discussion by
the Boardmembers, it was their consensus that Mr. Vest contact the
Boardmembers with any recommendations or changes.
President Fendley stated that he had asked that the next item be placed on the
agenda requesting the City Council of the City of Paris to approve an amendment
to Section 4.13 of the Bylaws of the Paris Economic Development Corporation.
He said that two years ago there was resolution that the Board looked at
concerning the Board's purchase of outside services which had been tabled. He
said that City Attorney Scott Foster has drafted three or four resolutions for the
Board to look at and he asked the Board to look at Alternative No.3. Mr. Fendley
said that he would recommend Alternative No. 3 be given strong consideration.
City Attorney Foster stated that essentially the City Council can allow or deliver
to the Board the authority to contract outside, but there is a concern before hiring
professional services such as engineering, legal counsel or other "professional"
services that the Board might consult and get an opinion before doing so, and at
least get an approval before doing so. He said that he did not see any problems
legally with the City Council allowing the Board to contract under Council
authority. He said he felt that this would be more efficient and as long as the City
Council approves of this and grants this authority to the Board directly.
President Fendley asked for other questions or comments. He said that
everything still goes back to the Council. This change just gives the Board more
flexibility to work with the Council under the grounds of the Board's bylaws.
Resolution No. 98-003, requesting the City Council of the City of Paris to approve
an amendment to Section 4.13 of the Bylaws of the Paris Economic Development
Corporation.
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 98-003
WHEREAS, the City Council of the City of Paris did heretofore, on the 15th day of
November, 1993, in Resolution No. 93-112, approve the Bylaws of the Paris Economic
Development Corporation; and,
WHEREAS, the Board of Directors of the Paris Economic Development Corporation is
desirous of amending said bylaws to allow for more discretion in contracting for services, and it
is deemed appropriate that the Board request the City Council of the City of Paris to approve an
amendment to Section 4.13 of said Bylaws; NOW, THEREFORE,
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BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT
CORPORATION, that the Board of Directors does hereby request the City Council of thc City
of Paris to approve an amendment to Section 4.13 of the Bylaws of the Paris Economic
Development Corporation so that the same shall read as follows:
-- "4.13 Board's Relationship With Administrative
Departments of the City
"A. When administrative, financial, engineering or construction services are
required by the BOARD, primary consideration will be given to the CITY to
provide these services. If, however, the BOARD determines that its mission can
best be accomplished by contracting with outside vendors of services, it is
authorized to do so. If services are requested from CITY and these services are not
available within the time frame required through the CITY forces at the time of
request, CITY will provide the same in a timely manner through consultants or
contractors.
"Any request for services made to the administrative department of the
CITY shall be made by the BOARD or designee in writing to the City Manager.
The City Manager may approve such request for assistance from the BOARD when
he finds such requested services are available in a timely manner within the
administrative departments of the CITY and that the BOARD will reimburse the
administrative department's budget for the costs of such services so provided.
"B. The City Attorney will serve as counsel for the BOARD as provided for in
__ the City Charter. Any request for legal assistance identified by the BOARD will be
addressed with the advice and consultation of the City Attorney. The City Attorney
may appoint an assistant to serve as counsel for the BOARD if deemed necessary
by him. The City Attorney, or his designee, will provide assistance as requested
by the BOARD, and CITY will be reimbursed for the cost of providing the
requested legal services."
· BE IT FURTHER RESOLVED, that the request for approval of such amendment be
delivered to the City Manager of the City of Paris for presentation to the City Council at its next
regular meeting; and,
BE IT FURTHER RESOLVED, that, in accordance with Section 10.04 of the Bylaws of
the Paris Economic Development Corporation, this resolution was.approved by a three-fourths
(3/4) vote of the entire membership of the Board.
PASSED AND ADOPTED this 13th day of May, 1998.
Curtis Fendley, President
ATTEST:
Richard M. Amis, Secretary-Treasurer
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
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Boardmember Michael Rhodes made a motion, seconded by Boardmember Leon
Williams that this resolution be adopted, and the Board voted unanimously to
adopt the resolution.
President Fendley stated the next item on the agenda was authorizing application
to the Chapman Revolving Loan Fund for funding in the amount of $250,000.00 to
assist in the purchase of Precision Printing and Packaging, Inc. He asked Mr.
Vest to discuss this agenda item. Mr. Vest stated the Chapman Revolving Loan
Fund is a pool of money that Congressman Chapman designated for Northeast
Texas when he was in office. He said with Precision Printing and the potential
role that the Board will play we are probably going to need to borrow some
money. He said the maximum loan that the Chapman Revolving Loan Fund will
grant is $250,000.00 with three percent (3%) interest. He said that this a public
sector loan that will be made directly to the P.E.D.C. and we will have pledge our
revenues to repay the note.
Resolution 98-004, Authorizing application to the Chapman Revolving Loan Fund
for funding in the amount of $250,000.00 to assist in the purchase of Precision
Printing and Packaging, Inc.
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 98-004
WHEREAS, the Paris Economic Development Corporation (PEDC) is a non-profit
corporation governed by the Development Corporation Act of 1979 (the Act) and was established
for the purposes of promoting, assisting, and enhancing economic development; and,
WHEREAS, the means and measures authorized by the Act and the assistance provided
therein with respect to financing are found to be in the public interest and serve a public purpose
of the state in promoting the welfare of the citizens of the state economically by the securing and
retaining of business enterprises and the resulting maintenance of a higher level of employment,
economic activity, and stability; and,
WHEREAS, in keeping with the purposes for which the legislature enacted the
Development Corporation Act of 1979 and the purposes for which the voters of the City of Paris
established the Paris Economic Development Corporation, it is deemed appropriate that the PEDC
should, as necessary, from time to time, seek outside revenue to accomplish specific projects;
NOW, THEREFORE,
BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT
CORPORATION, that Gary Vest, Director of Economic Development, be, and he is hereby,
authorized and directed to submit to the Chapman Revolving Loan Fund a loan request in the
amount of $250.000.00; and,
BE IT FURTHER RESOLVED, that Gary Vest be. and he is hereby, authorized and
directed to execute a loan agreement and any and all documents necessary to finalize the same and
bind the PEDC thereto; and,
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BE IT FURTHER RESOLVED, that the PEDC does hereby pledge its one-quarter (I/4)
cent economic development sales tax to the repayment of said loan.
PASSED AND ADOPTED this 13th day of May, 1998.
ATTEST: Curtis Fendley, President
Richard M. Amis, Secretary-Treasurer
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
Boardmember Amis made a motion, seconded by Boardmember Bray, that this
resolution be adopted, and the Board voted unanimously to adopt the resolution.
_ President Fendley asked the City Manager Malone to give his report at this time.
Mr. Malone discussed the resolution passed by the City Council concerning the
Comprehensive Master Plan contract for the City of Paris. Mr. Malone stated that
there is a phase of this contract with Bucher, Willis and Ratliff that is an optional
service related to economic development type planning. He said this might be
something that Board might want to look at, and discuss with the consultant. He
said if the Board is interested they could ask the consultant to attend a future
meeting. He said that this project is going to take approximately one year for
completion and the overall Master Plan will be beneficial to the City.
After discussion by the Boardmembers, it was the consensus of the Board that a
workshop be scheduled for the purpose of the consultants providing information,
and asked Mr. Vest to schedule this workshop.
President Fendley asked if there was any other business and there being none he
declared the board meeting adjourned.
President Curtis Fendley
ATTEST:
Assistant City Clerk, Barbara Denny