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Min - City Council - 1983 - 05/05 - CalledALLEN CITY COUNCIL CALLED - SPECIAL EMERGENCY SESSION May 5, 1983 Present: Mickey Pierson, Mayor (arrived at 6:37 p.m.) Council Members: Joe Farmer, Mayor Pro Tem Jem McClure (arrived at 6:37 p.m.) Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt (arrived at 6:46 p.m.) City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary The called - special emergency session was called to order by Mayor Pro Tem Farmer at 6:34 p.m. on Thursday, May 5, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. This called - special emergency session had been called in order to discuss matters pertaining to the development of the west side utilities that will service the Manufacturers' Outlet Mall site, located at S.H. 121 and U.S. 75. City Manager Jon McCarty advised the Council that repre- sentatives from the Belz Enterprises, Inc. were present to discuss with the City Council various aspects on the financing of the construction of the west side utilities, those individuals being Marty Belz, President, and Jimmy Williams, Finance Director. Mr. Williams advised the Council that under the existing pay back agreement between the city and Belz Enterprises for these utilities, 908 of the sales tax revenues would be used to pay back the loan until it reached $500,000, then 808 would be used until the loan reached $200,000, then 608 of the sales tax revenue would be used to pay off the remaining balance. Mr. Williams advised that he had not calculated in the use of pro rata fees collected by the city on connections to these utilities, but those fees would also be used to pay off this loan. Mr. Williams advised the Council that if the sales tax revenue and pro rata funds were not enough to pay the interest on the principal, then the additional interest accrued will not be added on, thus the city would not have to pay the additional interest. The Council discussed with Mr. Williams the pay back of the cost of the utilities using the sales tax revenue and the use of the pro rata connections and explained how the pro rata is calculated on a linear foot basis. The Council expressed to Mr. Williams their previous concerns on the initial information regarding the financing of these utilities such as the setting of a ceiling on the interest rate and establishing a period of time on the carry. The Council advised that they were looking to the Belz Enterprises for an estimate on how long it will take to pay back the costs of these utilities. ALLEN CITY COUNCIL Called - Special Emergency Session May 5, 1983 Page 2 Again, the Council reviewed with Mr. Williams the calculation of the pro rata fees and the fact that they can be calculated on the linear foot or by the acre, and the city would like the option to determine which way it will be calculated in this situation. Also, Mayor Pierson requested that any pro rata collected and paid to Belz should be applied directly to the principal of the loan. Discussion continued between the City Council and Belz re- garding the only collateral the Belz Enterprises has is the agreement for payment with the city using the sales tax revenue and pro rata collections, drawing up of a formal contract for the pay back now that the construction figures are available, the bids received on the construction of the utilities and the low bid, a review of the estimated sales tax revenue to be received in the first year and years to follow, estimated time for completion of construction of the mall and when the construction will commence, the terms of the loan being on a draw basis, a review of the estimated calculations on the interest that will be accrued, the sales tax revenues will be applied to the total dollars of the loan, when the city will have to make the first payment, how sales tax revenue payments are made to the city from the state, and if there is a delay in the construction of the mall and the receipt of sales tax is delayed, then the city would be concerned about the amount of the accrued interest that will occur. Based on the above discussions, it was the consensus of the City Council that the city staff proceed with drawing up of an amendment to the agreement between the City of Allen and the Belz Enterprises. The called - special emergency session was adjourned at 7:19 p.m. These minutes approved on the 19th day of MAY M. . Pierson. MAYOR Marty Hendrix, ITY SECRETARY 1