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2000-05-10-PEDC 517 MINUTES OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION REGULAR MEETING May 10, 2000 The Paris Economic Development Corporation met in a regular meeting on -- Wednesday, May 10, 2000, at 4:00 P.M., in the City Council Chambers, City Hall, Paris, Texas. President Michael Rhodes called the meeting to order with the following boardmembers present: Jay Guest, Dick Amis, and Melba Harris. Also, present were ex-officio boardmembers Bobby Walters, Paul Swasko, Mayor Michael Pfiester, Executive Director Gary Vest, City Manager Michael E. Malone, and City Attorney Larry Schenk. President Michael Rhodes 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. Boardmember Dick.Amis made a motion, seconded by Boardmember Melba Harris, that the minutes be approved as presented. The motion carried unanimously. President Rhodes asked Gene Anderson, Director of Finance, to give the financial report for the months of March and April. Mr. Anderson gave the financial report. Mr. Anderson stated that he would be glad to answer any questions concerning this report. Boardmember Dick Amis made a motion, seconded by Boardmember Jay Guest, that the financial report be approved as presented. The motion carried unanimously. President Rhodes asked Mr. Vest to give the Director's Report. Mr. Vest discussed responses received since the last meeting due to the advertising program. Mr. Vest said that the Chamber of Commerce will be taking a group to Washington, D. C. next week, and a group from the Chamber of Commerce is going to Austin on May 24, to make the East Texas Gulf Highways Association presentation to the Texas Department of Transportation. President Rhodes asked if there were any other questions and there were none. President Rhodes asked Mr. Bobby Ray Walters, President of Paris Junior College, Project Director for the Paris Area Resource Collaboration (PARC) to make his presentation concerning the Telecommunication Infrastructure Fund (TIF) Grant supporting the PARC Communication Network to be headquartered at Paris Junior College. Mr. Walters stated that this is a community project will include as many participants as possible. He said that this web site will benefit community employers, potential employees and industries. He said that this same type information can be developed for our city, economic development corporation, the chamber, hospitals, local schools, the public library and many others. He said that the participating entities, other than the P.E.D.C., will provide space, technical assistance, public access and -- assist with the maintenance of the system after installation. He said that the Board's consideration of providing the ten percent (10%) match for the $500,000.00 grant, if approved, will enhance our area of the State in attracting new employers and providing an avenue to other parts of the world. He said that all of this will be 518 coordinated by a Board which will consist of members of the community and can be changed after receipt of the grant. President Rhodes called for any questions from the Board concerning this project and there were none. President Rhodes stated that the next item on the agenda was consideration of and action on a resolution concerning the request of the Paris Area Resource Collaboration (PARC) for matching funding for a TIF Grant. City Attorney Larry Schenk read the resolution. Resolution 2000-002-approving the request of the Paris Area Resource Collaboration (PARC) for matching funding for a TIF Grant, and authorizing the execution of an Interlocal Collaborative Agreement between and among the Paris Economic Development Corporation, Paris Area Resource Collaboration, and Paris Junior College concerning the PARC Community Network headquartered at Paris Junior College. Boardmember Jay Guest made a motion, seconded by Boardmember Dick Amis that this resolution be adopted, and the Board voted unanimously to adopt the resolution. 519 PARIS ECONOMIC DEVELOPMENT CORPORATION -- RESOLUTION NO. 2000-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION, APPROVING THE REQUEST OF THE PARIS AREA RESOURCE COLLABORATIVE (PARC) FOR MATCHING FUNDING FOR A TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD (TIFB) GRANT; AUTHORIZING THE EXECUTION ON AN INTERLOCAL COLLABORATIVE AGREEMENT WITH PARIS JUNIOR COLLEGE, ON BEHALF OF THE PARIS AREA RESOURCE COLLABORATIVE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Paris Economic Development Corporation (PEDC), Paris Junior College (PJC), and the Paris Area Resource Collaborative (PARC) are desirous of filing a grant application with the Telecomraunications Infrastructure Fund Board, State of Texas, for funding in the amount of $500,000.00 for a Community Network Planning Grant; and, WHEREAS, the Board of Directors of the PEDC is in receipt of a request from PARC for ten percent (10%) matching funds in the amount of $50,000.00 over a two (2) year period to assist in securing the grant; and, WHEREAS, the PEDC, PJC, and PARC believe it would be in their best interests to join in the application to develop this project; and, WHEREAS, it is necessary that the PEDC enter into an Interlocal Collaborative Agreement with PJC, on behalf of PARC, and the form of such Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the President, Michael R. Rhodes, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the request of the Paris Area Resource Collaborative for matching funding in the amount of $50,000.00, which represents ten pement (10%) of the amount requested from the Telecommunications Infrastructure Funding Board for a Community Network Planning Grant, be, and the same is hereby, granted. 520 Section 3. That the form of the Interlocal Collaborative Agreement with Paris Junior College, on behalf of the Paris Area Resource Collaborative, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the President. of the Board be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic Development Corporation, the Interlocal Collaborative Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 10th day of May, 2000. ATTEST: Melba Harris, Secretary-Treasurer APPROVED AS TO FORM: Larry W. Schenk, City Attomey 521 INTERLOCAL COLLABORATIVE AGREEMENT -- STATE OF TEXAS ) ) COUNTY OF LAMAR ) This Agreement is entered into by and between the Paris Economic Development Corporation (PEDC) and Paris Junior College (PJC), on behalf of the Paris Area Resource Collaborative (PARC). WITNESSETH: WHEREAS, the PEDC, PJC, and PARC wish to file a grant application with thc Telecommunications Infrastructure Fund Board, State of Texas, for funding in the amount of $500,000.00 for a Community Network Planning Grant; and, WHEREAS, the PEDC has agreed to contribute a total of $50,000.00 in matching funds/in-kind contributions if the said application is approved; and, WHEREAS, the source of the funds would not normally be used for this purpose; and, WHEREAS, the PEDC, PJC, and PARC believe it would bc in their best interests to join in the application to develop a project; and, WHEREAS, the PEDC, PJC, and PARC agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws and TIFB regulations; and, WHEREAS, this agreement certifies that the objectives of the grant application submitted to the Telecommunications Infrastructure Fund Board have been reviewed and that it is mutually agreed to cooperate to whatever extent is necessary in carrying out the work plan described in the application; and, WHEREAS, this agreement certifies that it is understood by all of the participating entities that it is the responsibility of the members of the collaborative to determine how to disburse funds among the members, resolve grievances, and subcontract with other organizations and individuals as needed; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. PURPOSE. The purpose of this Agreement is to allow PARC to file an Application for a Community Network Planning Grant with the Telecommunications Infrastructure Fund Board. Page 1 of 3 EXHIBIT A 522 ARTICLE II. TERM The term of this Agreement shall commence upon the execution of this agreement and end two (2) years from the date thereof. ARTICLE III. CONSIDERATION As consideration for this Agreement, PEDC, on behalf of PARC, agrees to contribute a total of $50,000.00 in local funds for the enhancement of the project. ARTICLE IV. ALLOCATION OF FUNDS 4.01 The specific allocation of the TIFB funds is to PJC, on behalf of PARC, who will then distribute funds as appropriate among the members. By signing this Agreement, all the participating entities certify that each member will be held responsible for assuring that the financial records and project are managed according to TIFB guidelines. 4.02 In the event of the mismanagement of funds at the member organization level, 'this Agreement assures that each organization is responsible for managing its funds and project according to TIFB guidelines. Organizations following TIFB guidelines will not be held accountable ifa member or members within the Collaborative do not follow TIFB guidelines. ARTICLE V. AMENDMENTS This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VI. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenfurceability shall not affect any other provision thereof, and this Agreement shall be construed as it such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VII. ENTIRE AGREEMENT This Agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS the 10th day of May, 2000. Page 2 of 3 523 Each member of the Collaborative effort understands the Agreement and agrees to be bound by its terms. PARIS ECONOMIC DEVELOPMENT CORPORATION By: Michael R. Rhodes, President ATTEST: Melba Harris, Secretary-Treasurer PARIS JUNIOR COLLEGE By: Bobby Walters, President ATTEST: Secretary PARIS AREA RESOURCE COLLABORATIVE (PARC) By: Bobby Walters, Project Director ATTEST: Secretary Page 3 of 3 524 President Rhodes stated that the next item on the agenda concerned an Incentive Agreement with AGPRO, inc., and he asked Mr. Vest to discuss this item. Mr. Vest stated that AGPRO, Inc, is not willing to sign this incentive agreement, so he said that this is an item that should be placed on the table. He said that he had informed AGPRO, Inc., that he would discuss this item at this meeting. He said that incentive agreements in the past have required some type brick and mortar or some sort of capital investment in real property which is included in this incentive agreement. Mr. Vest stated that AGPRO, Inc., is not willing to sign this agreement due to this requirement. He said that AGPRO does plan to meet this requirement, but it could occur anywhere between three to five years. Mr. Vest stated that the incentive agreement states that this must be completed within eighteen months, therefore they will not sign this incentive agreement. Mr. Vest informed AGPRO that he would bring this information to the Board for discussion. After discussion of this item by the Board, it was the consensus of the Board that City Attorney Schenk research the requirement that this incentive agreement be connected to additional buildings or real property. City Attorney Schenk restated for clarification that the Board would like for him to research the possibility of this incentive agreement being associated with expansion in the form of additional assembly lines, and for him to bring this information back to the Board at the next meeting. Boardmember Amis made a motion, seconded by Boardmember Jay Guest, that the Incentive Agreement with AGPRO, Inc., be tabled at this time for further study. The motion carried unanimously. President Rhodes stated that the next item concerned modification of the City's Tax Abatement Guidelines and Criteria by a letter of request to the Mayor of the City of Paris. Mr. Rhodes stated that this item concerned the current policy of 100% tax abatement for seven years, and he said that he believed that this modification' needed to be made in order to allow discretion by the Board in relation as to the number of individuals to be employed by a project, and how much capital outlay is required. He asked Mr. Vest to explain this item. Mr. Vest said that the Board would like to have a letter from President Rhodes to Mayor Pfiester requesting that the City Attorney work with Mr. Vest as the P.E.D.C. __ Director, in establishing new criteria and guidelines for tax abatement in the City of Paris with a graduated scale of abatement correlated to capital investments and job creations including retail and commercial business tax abatement in the Enterprise Zone. He stated that he had a sample of a tax abatement policy that follows these guidelines with a graduated scale. He said that this scale has both a minimum and a maximum investment amount to be eligible for tax abatement. He said that this policy calls for a committee consisting of the City Manager, a representative from the P.E.D.C. Board, a representative from the County, and a representative from all the taxing entities for review of all tax abatement applications. He said that this committee would make recommendations back to this Board, and this Board would make recommendations to the City Council. City Attorney Schenk said that perhaps this would open the door for smaller projects, but the advantage of having an established policy makes it very clear what the projects could received depending on the size of the project. President Rhodes called for questions and there were none. Boardmember Melba Harris made a motion, seconded by Boardmember Jay Guest, to request modification of the City's Tax Abatement Guidelines and Criteria by a letter of request to the Mayor of the City of Paris, The motion carried unanimously. President Rhodes asked if there was any other business and there being none he __ declared the board meeting adjourned. President Michael Rhodes ATTEST: Assistant City Clerk Barbara Denny