HomeMy WebLinkAboutGEDCO_Agenda&Minutes_2005Notice of Meeting of the
Georgetown Economic Development Corporation
and the Governing Body of the
City of Georgetown, Texas
Tuesday, December 13, 2005
The Board of Directors of the Georgetown Economic Development Corporation, created pursuant
to Section 4A of the Economic Development Act of 1979, as amended (Tex. Rev. Civ. Stat. Ann.
Art 5190.6), will meet on Tuesday, December 13, 2005 beginning at 02:00 PM in the City Council
Chambers, located at 101 E. 7th Street, Georgetown, Texas.
If you need accommodations for a disability, please notify the city in advance.
Georgetown Economic Development Corporation Members:
Ben Oliver, Farley Snell, Henry Carr, Rick Smith, Ron Shelly
Call to Order at 02:00 PM
REGULAR SESSION:
Board may, at any time, recess the Regular Session to convene in Executive Session at the request of the
Chair, a Board Member , the City Manager, Assistant City Manager , City Council Member , or legal
counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551,
and are subject to action in the Regular Session that follows.
A.Consideration and approval of the minutes from the Regular Board Meeting held Tuesday,
November 1, 2005 – Farley Snell, Secretary
B.Consideration and possible action regarding the By Laws of the Corporation – Paul E.
Brandenburg, General Manager
C.Consideration and possible action regarding the “ADMINISTRATIVE SERVICES
CONTRACT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND THE
GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION” – Micki Rundell,
Finance Manager
D.Consideration and possible action regarding a broker’s contract with Marvin Lackey –
Mark Thomas, Economic Development Director
E.Discussion and possible action regarding 4A participation in a precision machining training
program, through GISD and potentially ACC – Mark Thomas, Economic Development
Director
F.Set date for next Corporation meeting.
EXECUTIVE SESSION:
The Georgetown Economic Development Corporation will meet in closed executive session as allowed by Texas
Open Meetings Act (Texas Government Code Chapter 551), as follows:
Section 551.072. DELIBERATION REGARDING REAL PROPERTY
G.Deliberation of the purchase, exchange, lease, or value of real property proposed to be acquired by the
Georgetown Economic Development Corporation for purposes authorized by the Economic Development Act of
1979, as amended (Tex. Rev. Cit. Stat. Ann. Art 5190.6, as amended).
Section 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
H.Deliberation regarding commercial or financial information that the corporation has received from a business
prospect that the Georgetown Economic Development Corporation seeks to have locate, stay, or expand in or
near the territory of the City of Georgetown and with which the Corporation is conducting economic
development negotiations; and/or deliberation regarding the offer of a financial or other incentive to a business
prospect that the Corporation seeks to have locate, stay, or expand in or near the territory of the City of
Georgetown.
Section 551.071. CONSULTATION WITH ATTORNEY.
I.Consultation with attorney regarding legal issues related to agenda items and other matters in which the duty of
the attorney to the Georgetown Economic Development Corporation under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
REGULAR SESSION:
J.The Board will reconvene in regular open session to take any action necessary related to
any of the above-posted executive session items.
Certificate of Posting
I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general
public at all times, on the _____ day of _________________, 2005, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Sandra Lee, City Secretary
GEDCO Minutes/December 13, 2005
Page 3 of 10
Minutes of the Meeting of
the Georgetown Economic Development Corporation
and the Governing Body of the
City of Georgetown, Texas
Tuesday, December 13, 2005
The Georgetown Economic Development Corporation of the City of Georgetown, Texas, met on
Tuesday, December 13, 2005.
Members Present:
Ron Shelly, Henry Carr, Farley Snell, Ben Oliver, Rick Smith
Members Absent:
Staff Present:
Paul E. Brandenburg, City Manager, Patricia E. Carls, City Attorney, Shirley Rinn, Administrative
Manger/Deputy City Secretary, Mark Thomas, Economic Development Director, George Gomez,
Economic Development Program Specialist
Minutes
Regular Meeting
REGULAR SESSION:
Board may, at any time, recess the Regular Session to convene in Executive Session at the request of the
Chair, a Board Member , the City Manager, Assistant City Manager , City Council Member , or legal
counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551,
and are subject to action in the Regular Session that follows.
The Board Chair, Ron Shelly, called the meeting to order at 2:05pm
A.Consideration and approval of the minutes from the Regular Board Meeting held Tuesday,
November 1, 2005 – Farley Snell, Secretary
Motion by Carr, second by Smith to approve the minutes from the Regular Board Meeting
held Tuesday, November 1, 2005, as corrected by Snell. Approved 5-0.
B.Consideration and possible action regarding the By Laws of the Corporation – Paul E.
Brandenburg, General Manager
The Board went through the bylaws that were modified at its meeting on November 1,
GEDCO Minutes/December 13, 2005
Page 4 of 10
2005.
There was a Motion by Smith, Second Oliver by to approve the By Laws of the Corporation
that were updated by the Board at the last meeting. Approved 4-0 (Snell left the dais)
There was additional discussion regarding the changes made to the bylaws by the City
Attorney.
After discussion, the following Sections were further amended as follows:
Article II, Section 2.01
The business affairs of the Corporation shall be managed by a Board of five
Directors, three of which shall be Georgetown City Council members. One
additional Director shall be appointed from the Georgetown Economic
Development Commission (EDC), preferably the Chair and that Director will
serve a full term. One additional seat shall be filled as an at-large appointee.
Directors shall be appointed by the City Council and serve at the pleasure of
the City Council for staggered terms of two years, except as provided in the
following. To initially establish staggering of terms, initial Directors shall
draw by lot to determine the initial terms with two initial Directors serving
terms until the last day of February 2007, and three initial Directors serving
until the last day of February 2008. Each City Council member serving as a
Director shall serve a term of two years or until the expiration of their council
term whichever is earlier. If qualified, a Director completing a term may be
reappointed at the discretion of the City Council.
Each Director shall be a resident of the City or its Extra Territorial Jurisdiction
(ETJ) and is entitled to one vote upon the business of the Corporation. Any
Director may be removed from the office by the City Council at will.
Article II, Section 2.03
Regular meetings of the Board shall be held on the third Monday of the month,
at the Georgetown City Council Chambers, starting at 2:00 PM, unless
otherwise determined by Resolution of the Board. The president of the Board
may cancel the meeting if there is no business to be conducted.
Article II, Section 2.07
Any Director or the General Manager may place an item on an agenda for
future discussion. The order of business shall be determined by the President.
Article II, Section 2.10
The Corporation shall be a non-profit Corporation as defined by the Internal
GEDCO Minutes/December 13, 2005
Page 5 of 10
Revenue Code of 1986, as amended, and the applicable regulations of the
United States prescribed and promulgated thereunder. The Corporation is
incorporated for the purposes set forth in the Articles of Incorporation acting
on behalf of the City of Georgetown, Texas (the "City") as its duly constituted
authority and instrumentality in accordance with Section 4A of the Texas
Development Corporation Act of 1979, (Tex. Rev. Civ. Stat., Ann., Art. 5190.6, §
4A, as amended), (the "Act") and all other applicable laws to which it is subject
and from which it derives its powers
1
.
The purpose of the Corporation is to consider requests and grant funds for
Projects authorized under Section 2(11)(A) and Section 4A(i) of the Act, and as
delineated in Georgetown City Council Resolution 121404-JJ (A copy of
Resolution No. 121404-JJ is attached hereto as Appendix B .) All proposals shall
be submitted to the General Manager for general and financial review prior to
consideration by the Board.
In addition to the powers conferred by these Bylaws, the Board may exercise
all powers of the Corporation and do all lawful acts and things that are not
prohibited by law, or the election held on May 7, 2005, or these Bylaws
including, but not limited to the following :
1.Develop policies and operating procedures that do not conflict with any
City policy.
2.Undertake actions and Projects which are determined by the Board to
lead to the creation or retention of primary jobs and/or provide
significant capital investment and which benefit the community of
Georgetown.
3.The Corporation may, in pursuing its purposes as stated in this section:
● Acquire or lease property (land or buildings) within the City or ETJ
·Negotiate market-discounted land agreements with developers or
landowners
·Plan, develop, improve, sell or lease land
·Build or rehabilitate buildings
·Provide funding for or develop infrastructure
·Make secured or unsecured loans or loan guarantees
·Provide direct grants to businesses
·Borrow funds and issue bonds
·Develop and implement financial/incentive programs to attract or
retain business
·Market and promote the city and amenities consistent with the
purposes and duties as set forth in the Bylaws
4.Develop long-range goals and programs for the Corporation
5.Appoint standing or ad hoc committees, which may include City staff
GEDCO Minutes/December 13, 2005
Page 6 of 10
and/or individuals who are not members of the Board .
_______________
1
A copy of the current Act is attached hereto as “Appendix A”. All references in these Bylaws to the Act
shall be deemed to refer to the most recent version of the Act, as it may be amended from time to time by the
legislature.
Article III, Section 3.06
In the event that a Director is aware that he or she has a conflict of interest or
potential conflict of interest, as defined by state of Texas conflict of interest
statutes and/or the City of Georgetown Ethics Ordinance, with regard to any
particular matter or vote coming before the Board, the Director shall bring the
same to the attention of the Board and shall abstain from discussion and voting
thereof.
If any Director believes that any other Director may have a conflict of interest
on a matter before the Board, he/she is obligated to inform the Director of that
opinion. It is then the responsibility of the Director with the possible conflict to
resolve the situation.
Any questions of possible ethics violations shall be subject to the state conflict
of interest statutes and/or the City of Georgetown Ethics Ordinance and be
processed accordingly.
Article III, Section 3.08
The Corporation may, with approval of the City Council, contract with any
qualified and appropriate person, association, Corporation or governmental
entity to perform and discharge designated tasks which will aid or assist the
Board in the performance of its duties. However, no such contract shall ever
be approved or entered into which seeks or attempts to divest the Board of its
discretion and policy-making functions in discharging the duties herein set
forth. An administrative services contract shall be executed between the Board
and the City Council for the services provided by the General Manager,
Finance Manager, the City Attorney, and other City services/functions and
compensated as provided for herein.
Subject to the authority of the City Manager under the Charter of the City, the
Corporation shall have the right to utilize the services of the staff and
employees of the Finance Department of the City, the staff and employees of
the City Manager’s Office, the staff and employees of the Economic
Development department, the City Attorney, and other employees of the City,
provided (i) that the City Manager approves of the utilization of such services,
(ii) that the Corporation shall pay, as approved by the City Manager,
reasonable compensation to the City of such services, and (iii) the performance
of such services does not materially interfere or conflict with the other duties of
GEDCO Minutes/December 13, 2005
Page 7 of 10
such personnel of the City. Utilization of the aforesaid city staff shall be solely
by a contract approved by the City Council .
Article VI, Section 6.06
At least thirty (30) days prior to September 1st, the Board shall prepare and
adopt a proposed budget of expected revenues and proposed expenditures for
the next ensuing fiscal year. The fiscal year of the Corporation shall be the
same as the fiscal year of the City of Georgetown. The budget shall be in such
form as may be prescribed from time to time by the City Council or directed by
the Corporation’s Board of Directors. The budget proposed for adoption shall
include the projected operating expenses, administrative expenses, debt
servicing, cash reserves, contingency funds, and such other budgetary
information as shall be required by the City Council for its approval and
adoption. The budget shall be considered adopted upon formal approval by
the City Council.
In establishing its budget and in responding to unanticipated Projects during
the year, the Board shall fairly and equally consider Projects in the following
categories (see Georgetown City Council Resolution 1212404-JJ; Appendix B of
these By-Laws):
1.Industrial development
2.Commercial development (including, but not limited to, Projects within the
Downtown District and redevelopment areas designated by the City Council)
Each approved request from the Board for Project funding must be made in the
form of a Resolution to formally expend and approve Projects, and
accompanied by a specific determination of eligibility of the Project for 4A
funding under the Act.
Article VI, Section 6.10
The monies of the Corporation, including sales and use taxes collected
pursuant to the Act, the proceeds from the investment of funds of the
Corporation, the proceeds from the sale of property, monies derived from the
repayment of loans, rents received from the lease or use of property, the
proceeds derived from the sale of Bonds, and other proceeds may be expended
by the Corporation for any of the purposes authorized by the Act, subject to
Section 6.06 of these Bylaws and the following limitations:
1.Expenditures that may be made from a fund created from the proceeds of
Bonds, and expenditures of monies derived from sources other than the
proceeds of Bonds may be used for the purposes of financing or otherwise
providing one or more Projects, as defined in the Act. The specific expenditures
GEDCO Minutes/December 13, 2005
Page 8 of 10
shall be described in a resolution or order of the Board and shall be made only
after the approval thereof by the City Council.
2.All other proposed expenditures shall be made in accordance with and shall be
set forth in the annual budget required by these Bylaws or in contracts meeting
the requirements of the Act.
No Bonds, including refunding bonds, shall be authorized or sold and
delivered by the Corporation unless the City Council shall approve such
bonds.
Article IX
Upon the dissolution of the Corporation after payment of all obligations of the
Corporation, all remaining assets of the Corporation shall be transferred to the
City of Georgetown, Texas.
Motion by Carr, Second by Oliver to approve Bylaws as amended. Approved 4-0 (Snell
left dais)
C.Consideration and possible action regarding the “ADMINISTRATIVE SERVICES
CONTRACT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND THE
GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION” – Micki Rundell,
Finance Manager
The Board discussed the terms of the proposed Agreement.
Motion by Snell, Second by Oliver to approve the Administrative Services Contract
between the City of Georgetown , Texas and the Georgetown Economic Development
Corporation.
Discussion regarding the annual administrative costs.
Motion to Amend by Carr, Second by Snell to cap the administrative cost per month to
$3,000 for the remaining 9 months of the current fiscal year. Approved, as amended 5-0.
D.Consideration and possible action regarding a broker’s contract with Marvin Lackey –
Mark Thomas, Economic Development Director
This item was discussed in executive session.
E.Discussion and possible action regarding 4A participation in a precision machining training
program, through GISD and potentially ACC – Mark Thomas, Economic Development
Director
GEDCO Minutes/December 13, 2005
Page 9 of 10
Mark Thomas and George Gomez addressed the Board regarding the possibility of the 4A
Corporation participating in a precision machining training program along with GISD and
possibly ACC. They told the Board that there is a national shortage of these type of trained
workers and there is a possibility of several of these companies locating and/or relocating to
Georgetown. They told the Board that if there was a program in place for training in the
area, more of these types of companies may locate here. They told the Board that the jobs
that could be created would pay between $15-16 per hour. They told the Board that GISD
would operate the program, and that they have spoken with several companies who have
expressed an interest in participating in the program. The cost of the machinery is
expensive. George Gomez provided a handout that highlighted program details and a
proposed budget for a 2 year program.
Thomas told the Board that he wanted to bring this project forward to see if this was the
type of project that the Board would be interested in participating in.
Motion by Carr, second by Snell to have the Board authorize the General Manager to
conduct further research into and commence discussions with GISD and possibly ACC and
local businesses needing skilled or precision machinists, relating to an agreement on job
training as authorized under the Act, with such agreement to include funding by the 4A
Board for the purchase of the equipment on which the students will be trained, including
other financial or other committments from all the parties and to bring any such draft
agreement back to the Board for further consideration and possible approval. Approved
5-0
F.Set date for next Corporation meeting.
Motion by Smith, Second by Oliver to schedule the next Board Meeting for January 23, 2005
at 2:00pm. Approved 4-0 (Snell left the dais)
Recessed for Executive Session at 3:22pm
EXECUTIVE SESSION:
The Georgetown Economic Development Corporation will meet in closed executive session as allowed by Texas
Open Meetings Act (Texas Government Code Chapter 551), as follows:
Section 551.072. DELIBERATION REGARDING REAL PROPERTY
G.Deliberation of the purchase, exchange, lease, or value of real property proposed to be acquired by the
Georgetown Economic Development Corporation for purposes authorized by the Economic Development Act of
1979, as amended (Tex. Rev. Cit. Stat. Ann. Art 5190.6, as amended).
Section 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
H.Deliberation regarding commercial or financial information that the corporation has received from a business
prospect that the Georgetown Economic Development Corporation seeks to have locate, stay, or expand in or
near the territory of the City of Georgetown and with which the Corporation is conducting economic
development negotiations; and/or deliberation regarding the offer of a financial or other incentive to a business
prospect that the Corporation seeks to have locate, stay, or expand in or near the territory of the City of
Georgetown.
GEDCO Minutes/December 13, 2005
Page 10 of 10
Section 551.071. CONSULTATION WITH ATTORNEY.
I.Consultation with attorney regarding legal issues related to agenda items and other matters in which the duty of
the attorney to the Georgetown Economic Development Corporation under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
REGULAR SESSION:
J.The Board will reconvene in regular open session to take any action necessary related to
any of the above-posted executive session items.
Motion by Carr, Second by Smith to authorize the General Manager to secure at least a 6
month option on this property, if possible, for $10,000 at a price not to exceed $20,000 per
acre, and also authorize the General Manager to utilize Marvin Lackey as a broker for this
property for this project only with a commission not to exceed 3% of the sales price.
Approved 5-0
The Meeting was adjourned at 4:25 p.m.
Attest:
___________________________________________________________
Shirley Rinn , Deputy City SecretaryFarley Snell, Secretary