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[00:00:01]

ALL RIGHT.

GOOD EVENING EVERYONE.

THE TIME IS, UH, 5:58 PM IT'S TUESDAY, DECEMBER 19TH, AND I'M GONNA CALL THIS S BOARD MEETING TO ORDER WITH THE CITY SECRETARY, PLEASE CALL THE ROLL INGLESBY MITCHELL.

HERE.

TOBIAS.

PRESENT? HEISER.

HERE.

RIZZO.

PRESENT.

ZUNIGA.

PRESENT.

HARRIS.

HERE.

PARSLEY? HERE.

COHEN HERE.

OKAY.

EIGHT MEMBERS ARE PRESENT.

WE HAVE A QUORUM.

NEXT UP IS CITIZEN COMMENTS.

IS THERE ANYONE WHO WISHES TO COME FORWARD ON THIS ITEM? ALRIGHT, SEEING NONE, WE'RE GONNA CLOSE.

CITIZEN COMMENTS, PERIOD.

IT'S NOW CLOSED.

OUR NEXT

[1.  An Election of the Board of Directors of the Tax Increment and Reinvestment Zone Number Five, City of Kyle, Texas to Elect Officers of the Board. ~ Stephanie Leibe, Norton Rose Fulbright, City's Bond Counsel]

STEP IS AGENDA ITEM NUMBER ONE AND ELECTION OF THE BOARD OF DIRECTORS OF THE TAX INCREMENT AND REINVESTMENT ZONE NUMBER FIVE, CITY OF KYLE, TEXAS TO ELECT OFFICERS OF THE BOARD.

MS. LIEBE, ARE YOU UP? UP, UH, STEPHANIE LIEBE, NORTON ROSE FULBRIGHT BOND COUNCIL FOR THE CITY.

UM, BEFORE YOU TODAY IS JUST AN ACTION ITEM SINCE THIS IS THE INITIAL MEETING OF THE TOURIST BOARD FOR ELECTION OF TOURIST OFFICERS PURSUANT TO, UH, THREE EVIDENCE TAX CODE.

WHEN CITY COUNCIL CREATED THE TOUR, UH, THE CHAIR OF THE TOURIST WAS APPOINTED AND THAT WAS MAYOR MITCHELL.

UM, ANY ACTION THAT YOU ALL TAKE TONIGHT WOULD BE APPOINTMENT OF, UH, VICE CHAIR, SECRETARY, AND THEN ANY OTHER OFFICERS THAT YOU GUYS DEEM APPROPRIATE FOR THE TOURS BOARD.

SO HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE.

SO I DON'T THINK THIS IS A T THAT INTENDS TO, UH, MEET REGULARLY JUST BASED ON THE WAY THAT IT'S CONSTRUCTED.

MAYBE ONCE MORE TO ISSUE RELEVANT BONDS DOWN THE ROAD.

YEAH.

OKAY.

I I WOULD IMAGINE THAT THIS TRANS BOARD MAY MEET ANNUALLY TO SET A BUDGET.

OKAY.

UM, OR TO CALCULATE, UM, TO CALCULATE ANY PAYMENTS THAT MAY FLOW THROUGH THE TOURIST TO CITY COUNCIL, BUT IT WOULD NOT BE, UM, SOMETHING THAT WOULD MEET WITH ANY REGULAR FREQUENCY.

OKAY.

UH, DOES ANYBODY HAVE AN OBJECTION TO JUST, CAN WE PUT IN THE, THE, THAT THE MAYOR PRO TEM SERVICES, THE VICE CHAIR? JUST BECAUSE WE DON'T KNOW WHEN WE'LL MEET OR WHO WILL BE ON, THAT'S MORE OF A DESIGNATION.

IS THAT LEGAL AS OPPOSED TO AN ACTUAL INDIVI INDIVIDUAL? IS THAT OKAY WITH Y'ALL? I'D LIKE TO MAKE A MOTION TO APPOINT THE, UH, VICE CHAIR POSITION TO WHOEVER'S HOLDING THE TITLE OF MAYOR PRO TEM AT THAT TIME.

I SECOND.

ALRIGHT.

MOTION BY THE MAYOR.

SECONDED BY COUNCIL MEMBER PARSLEY.

IS THERE DISCUSSION ON THAT? MOTION? ALLS IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

ALL OPPOSED? ALL RIGHT.

MOTION CARRIES.

EIGHT TO ZERO.

UH, DO Y'ALL SEE ANY REASON TO APPOINT A SECRETARY? I DON'T THINK THAT'S NECESSARY.

ALL RIGHT.

ALRIGHT.

UH, IS THERE ANYTHING ELSE ON THIS ITEM? IT WOULD BE HELPFUL TO HAVE THE CITY SECRETARY APPOINTED AS THE SECRETARY BECAUSE IT JUST HELPS FACILITATE THE AGENDA SETTING AND DOCUMENT PREP.

ALL RIGHT.

I'D LIKE TO MAKE A MOTION TO APPOINT THE CITY SECRETARY AS SEC, UH, SECRETARY FORTER.

NUMBER FIVE.

SECOND.

SECOND.

MOTION BY MAYOR.

SECONDED BY MAYOR PRO TEM.

IS THERE A DISCUSSION ON THAT MOTION? ALL IN FAVOR SAY AYE.

AYE.

AYE.

ALL OPPOSED? ALRIGHT.

MOTION CARRIES EIGHT TO ZERO.

ANYTHING ELSE FOR ITEM NUMBER ONE? ALRIGHT,

[2.  Adopt an Official Seal for Tax Increment and Reinvestment Zone Number Five. ~ Stephanie Leibe, Norton Rose Fulbright, City's Bond Counsel]

WE'RE GONNA MOVE ON TO AGENDA ITEM NUMBER TWO.

ADOPT AN OFFICIAL SEAL FOR TAX INCREMENT REINVESTMENT.

ZONE NUMBER FIVE.

MS. LEVY, UH, ONCE AGAIN, STEPHANIE LEVY, NORTON ROSE FULBRIGHT.

THINK AN AGENDA BACKUP.

WE'VE PROVIDED A MOCKUP FOR A POTENTIAL SEAL FOR TAX INCREMENT ZONE NUMBER FIVE, WHICH WOULD BE USED FOR OFFICIAL RECORDS FOR ACTIONS TAKEN BY THE BOARD.

UM, IF THAT'S SUFFICIENT FOR THE BOARD, YOU ALL CAN ADOPT THAT AS THE OFFICIAL SEAL FOR THIS TOUR.

DOES THAT ANYBODY HAVE ANY QUESTIONS OR COMMENTS REGARDING THE SEAL? NO.

MOTIONS.

I CAN GO AHEAD AND MAKE A MOTION TO APPROVE THIS ITEM.

SECOND.

ALRIGHT.

MOTION BY MAYOR PROTI.

SECOND BY COUNCIL MEMBER PARSLEY, I THINK.

OR WAS THAT ALRIGHT? UM, I GUESS WE SAY COMMISSIONER, UH, COMMISSIONER COHEN'S.

WE'RE ALL COMMISSIONERS ON THIS.

ALRIGHT.

UH, IS, UH, THERE DISCUSSION ON THE MOTION? ALL IN FAVOR SAY AYE.

A AYE.

ALL OPPOSED.

MOTION CARRIES NINE TO ZERO.

NEXT GEN

[3.  A Resolution of the Board of Directors for the Tax Increment and Reinvestment Zone Number Five, City of Kyle, Texas Adopting the Final Project and Financing Plan for the Zone; in connection with the Development of the Zone; Approving an Economic Development Agreement; and Recommending Approval of the Final Plan to the City Council of the City of Kyle, Texas. ~ Stephanie Leibe, Norton Rose Fulbright, City's Bond Counsel]

ITEM NUMBER THREE, RESOLUTION OF THE BOARD OF DIRECTORS FOR TAX INCREMENT AND REINVESTMENT.

ZONE NUMBER FIVE, CITY OF KYLE, TEXAS, ADOPTING FINAL PROJECT AND FINANCIAL PLAN FOR THE ZONE IN CONNECTION WITH THE DEVELOPMENT OF THE ZONE APPROVING ECONOMIC DEVELOPMENT AGREEMENT, RECOMMENDING APPROVAL OF FINAL PLAN TO THE CITY, UH, COUNCIL OF THE CITY OF KYLE, TEXAS.

MS. LAVY.

SO CITY COUNCIL FOR CITY OF KYLE'S PREVIOUSLY APPROVED THE PRELIMINARY FINANCE PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE.

UM, WHAT WAS PROVIDED IN BOARD BACK, OR YEAH.

BOARD BACKUP WAS THAT PLAN, UM, ADOPTED

[00:05:01]

BY COUNCIL IN FINAL VERSION.

WE DID GO TO COUNTY COMMISSIONER'S COURT THIS MORNING TO GET THEIR APPROVAL OF THE INTERLOCAL AGREEMENT.

IN CONNECTION WITH OUR DISCUSSIONS, UM, WITH COMMISSIONER'S COURT DURING THAT MEETING, THEY INDICATED TO US THAT THEY ARE WILLING TO PARTICIPATE IN THIS ZONE.

UH, BUT FOR PURPOSES OF CALCULATING THE COUNTY'S TAX INCREMENT, THEY WANTED THE COUNTY ROAD AND BRIDGE TAX TO BE DEDUCTED FROM THE, UH, COUNTY TAX RATE.

AND SO WE HAVE MADE CORRESPONDING CHANGES TO THE DOCUMENTS, TO THE PROJECT AND FINANCE PLAN TO CHANGE THE DEFINED TERM FOR COUNTY TOURIST INCREMENT TO EXCLUDE THAT ROAD AND BRIDGE TAX, IT'S 2 CENTS PER A HUNDRED DOLLARS.

UM, THEY'LL HAVE TO HAVE CORRESPONDING CHANGES TO BOTH THE INTERLOCAL AGREEMENT AND THE THREE 80 AGREEMENT.

UM, THAT'LL BE APPROVED.

AND SO IF YOU ALL DECIDE TO TAKE ACTION TO APPROVE THIS, UM, PLAN AND RECOMMEND APPROVAL TO CITY COUNCIL, UM, AND APPROVE THE THREE 80 AGREEMENT.

THE THREE 80 AGREEMENT FOR THE ECONOMIC INCENTIVES IS A TRI-PARTY AGREEMENT BETWEEN THE CITY, THE CHAIRS BOARD, AND THE DEVELOPER.

UM, WE WOULD ASK THAT AT THAT ACTION ITEM, NOTE THAT THE DOCUMENTS WOULD BE UPDATED TO NOTATE THAT MODIFICATION TO THE COUNTY'S TAX INCREMENT.

OKAY.

IS THERE A MOTION LANGUAGE FOR THAT THAT'S SPECIFIC THAT YOU WANT US TO MAKE? OR IT'S JUST A MOTION TO APPROVE WITH THE, UH, FUTURE AMENDMENT, REMOVING THE COUNTY'S BRIDGE TAX TO APPROVE WITH THE CHANGES.

MOTION TO APPROVE WITH THE CHANGES DESCRIBED BY BOND COUNSEL.

OKAY.

AND, UM, AUTHORIZATION TO EXECUTE THE AGREEMENT AND FINAL FORM APPROVED BY CITY ATTORNEY.

OKAY.

DOES ANYBODY HAVE ANY OBJECTIONS TO MOVING FORWARD WITH THAT? I'D LIKE TO MAKE A MOTION TO APPROVE THE, UH, FINAL PROJECT AND FINANCING PLANS WITH THE CHANGES OUTLINED BY BOND COUNSEL, UH, JUST NOW AND TO, UH, AUTHORIZE THE CITY ATTORNEY TO EXECUTE THOSE, UH, CONTRACTS, UH, THE, AND ALSO AND AUTHORIZE THE CITY MANAGER TO APPROVE IN A FORM APPROVED BY THE CITY ATTORNEY AND TO AUTHORIZE THE CITY MANAGER TO APPROVE A FORM OUTLINED BY THE CITY ATTORNEY.

AND YOU THE, WE NEED THE APPROVAL OF THE THREE 80 AGREEMENT AS WELL, AND TO APPROVE THE THREE 80 AGREEMENT AS WELL.

YES.

IS THERE A SECOND? SECOND ALL MOTION BY THE MAYOR, SECOND BY MAYOR PRO, TIM? UH, THAT WE APPROVE ALL OF THAT.

UH, IS THERE A DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? ALL RIGHT.

MOTION CARRIES NINE TO ZERO.

ANYTHING ELSE? NOTHING FROM ME.

ALL RIGHT.

MOTION TO ADJOURN.

SECOND.

SECOND.

OKAY.

WE ARE ADJOURNED.