SESSION, NEW TRAINS ON THE WAY HERE AND ON THE WAY BACK.
[00:00:04]
THERE YOU ARE. YES. THEY'RE WAITING IN THE LOBBY AND THORNTON 601.[1. CALL SESSION TO ORDER]
SURE. AUDREY. HEY, EVERYBODY. HELLO. HELLO, GEORGE. HEY, GEORGE. WE'RE ON THE ROLL AND USE OF THE EDC.[3.1. Discussion on the Role and Use of the Economic Development Corporation (EDC) In Supporting City Projects]
OKAY, SO EARLIER IN THE WEEK WE WERE ASKED WHAT TOPIC OR TOPICS WE WOULD LIKE TO DISCUSS.I DON'T KNOW IF ANYBODY ELSE ON CITY COUNCIL CHIMED IN, BUT I'LL JUST READ WHAT I PUT.
SO THAT WAY WE CAN HAVE OPEN DIALOG ABOUT IT.
I WOULD LIKE TO HAVE A DISCUSSION ABOUT THE ROLE AND USE OF THE EDC IN SUPPORTING CITY PROJECTS.
I WANT TO BETTER UNDERSTAND THE PERSPECTIVE OF COUNCIL MEMBERS WHO APPEAR TO BE NOT AS COMFORTABLE WITH USING THE EDC TO HELP FUND PROJECTS SPECIFICALLY. I'D LIKE TO EXPLORE THE BENEFITS OF USING THE EDC FOR PROJECT DELIVERY, CONTRACTOR ACCOUNTABILITY AND FISCAL IMPACT, HOW IT COMPARES TO FUNDING AND MANAGING PROJECTS DIRECTLY THROUGH THE CITY'S GENERAL PROCESS, AND WHETHER THERE IS A CLEAR FRAMEWORK FOR WHEN EDC FUNDING IS APPROPRIATE.
MY UNDERSTANDING IS THAT THE EDC CAN SERVE AS A FUNDING AND PROJECT DELIVERY TOOL FOR CERTAIN PROJECTS, INCLUDING FINANCING THROUGH SALES TAX REVENUE, AND MAY PLAY A ROLE IN STRUCTURING OR FACILITATING PROJECT EXECUTION IN COORDINATION WITH THE CITY, SOMETIMES WITH MORE FOCUSED PROJECTS TRACKING FOR OVERSIGHT AT THE SAME TIME. I UNDERSTAND THE CITY'S ROLE TO BE SETTING OVERALL POLICY DIRECTION AND PRIORITIES, OWNING THE CAPITAL IMPROVEMENT PLANNING AND BUDGETING PROCESS, AND ULTIMATELY BEING ACCOUNTABLE TO RESIDENTS FOR DECISIONS RELATED TO TAXES, DEBT AND PUBLIC INFRASTRUCTURE, AS WELL AS OVERSEEING THE BROADER FINANCIAL STRATEGY AND DELIVERY OF MUNICIPAL SERVICES. I'M BRINGING THIS FORWARD TO HELP ENSURE WE ALL HAVE A CLEAR UNDERSTANDING OF HOW AND WHY WE'RE USING THE EDC. AND TO MAKE SURE WE'RE ALIGNED MOVING FORWARD, I THINK IT'S IMPORTANT THAT EVERYONE HAS THE OPPORTUNITY TO SHARE THEIR PERSPECTIVE SO WE CAN BETTER UNDERSTAND ANY CONCERNS.
CLARIFY EXPECTATIONS AND WORK TOWARDS A MORE CONSISTENT AND CLEAR DEFINED APPROACH AS A COUNCIL.
ARE WE GETTING AN UPDATE FROM EITHER LEGAL OR OR RELIABLE? SO THE ITEM IS THE ITEM IS THE ROLE AND USE OF THE EDC RIGHT.
AND SUPPORTING PROJECTS LIKE I THINK IS IT JORGE OR IS IT, WAS IT CHAPTER 502 IS WHAT ALLOWS THE EDC TO BE FORMED OR IS THAT WHAT IS THAT? SO 501 AND 505 OF THE TEXAS LOCAL GOVERNMENT CODE APPLIES TO THE BEE AND.
501 APPLIES TO THE A. WE HAVE BOTH THOSE FORMS OF ECONOMIC DEVELOPMENT CORPORATIONS AN ECONOMIC DEVELOPMENT CORPORATION UNDER 501103 HAS THE ABILITY TO CONSTRUCT INFRASTRUCTURE, WHICH HAS A RELATIVELY BROAD TERM FOR PURPOSES OF ECONOMIC DEVELOPMENT GROWTH. AND SO IF, FOR INSTANCE, YOU WERE SETTING UP A LINE THAT WAS GOING TO GO SOLELY TO RESIDENTIAL PROPERTIES, AND THAT'S WHERE YOU'RE GOING TO BUILD RESIDENTIAL PROPERTIES.
IF THERE WAS A BASIS THAT THERE WAS A LACK OF, OF ADEQUATE HOUSING FOR A FOR MANPOWER FOR, FOR WORKFORCE, THEN THE ATTORNEY GENERAL COULD SAYS THAT YOU CAN USE ECONOMIC DEVELOPMENT FUNDS IN ORDER TO BUILD THAT INFRASTRUCTURE FOR THOSE RESIDENTS. ABSENT THAT TYPE OF SPECIFIC RESIDENTIAL PROGRAM.
[00:05:01]
IF YOU ARE GOING TO IMPROVE THE INFRASTRUCTURE IN AREAS WHERE YOU'RE GOING TO HAVE COMMERCIAL OR INDUSTRIAL GROWTH AND YOU'RE TRYING TO INCENTIVIZE THOSE PROJECTS TO MAKE THEM MORE SHOVEL READY, THE ECONOMIC DEVELOPMENT CORPORATION CAN.ADMINISTER PROJECTS WHICH INCLUDE YOU KNOW WATER, WASTEWATER, DRAINAGE YOU KNOW, ROADWAY IMPROVEMENT. YOU KNOW, THE, ALL OF THE THINGS NECESSARY, YOU KNOW, TELECOMMUNICATIONS THAT ARE NECESSARY FOR THE IMPROVEMENT OF PROPERTY FOR THOSE PURPOSES. SO THE, THE SO WHEN THERE ARE PROJECTS THAT MEET THOSE CRITERIA, THEN THE ECONOMIC DEVELOPMENT CORPORATION HAS THE ABILITY TO WORK ON THOSE PROJECTS.
SECONDLY, THE CITY COUNCIL ADDRESSED WITH THE ECONOMIC DEVELOPMENT CORPORATION AN EXPERIENCE THEY WERE HAVING WITH REGARDS TO DIFFICULTY IN ENFORCING THE CITY PROJECT. CONTRACTS BECAUSE OF CERTAIN LIMITATIONS THAT ARE, ARE UNIQUELY CITY THAT THE ECONOMIC DEVELOPMENT CORPORATIONS ARE NOT THOSE PROVISIONS DO NOT APPLY TO THEM BECAUSE THEY'RE NONPROFIT CORPORATIONS. THEY'RE NOT, THEY'RE NOT MUNICIPALITIES OR CITIES.
THIRD IS THAT UNDER 380 .004 OR I THINK IT'S ACTUALLY 380 003 OF THE LOCAL GOVERNMENT CORPORATION, THE ONLY KIND OF MONIES OF WHICH CAN BE PASSED THROUGH TO AN ECONOMIC DEVELOPMENT CORPORATION ARE FUNDS TO BE USED FOR PROJECTS. AND SO HERE WHAT WE HAVE DEVELOPED IS THAT THE TYPE A ECONOMIC DEVELOPMENT CORPORATION, A CORPORATION THAT HAS NO ASSETS, IS THE CONTRACTOR WHO IS GOING TO ADMINISTER AND OPERATE THOSE PROJECTS THAT THE CITY WANTS TO DELEGATE TO THE TO THE ECONOMIC DEVELOPMENT CORPORATION, AND WHICH WILL ULTIMATELY SERVE AS AN INCENTIVE TO COMMERCIAL OR OTHER LEGITIMATE ECONOMIC DEVELOPMENT PROMOTION OR, OR IMPROVEMENTS THOSE PROJECTS WOULD COME TO US THAT ONCE THEY ARE SHOVEL READY OR NOT SHOVEL READY, BUT ONCE, ONCE THEY ARE, ARE ACQUISITION IS COMPLETE. AND ONCE THE CONTRACT DOCUMENTS ARE, ARE READY TO GO AND THEN THE ECONOMIC DEVELOPMENT CORPORATION WOULD BE THE ONE THAT ENFORCES THOSE CONTRACTS, WOULD BE THE ONE THAT LETS THE CONTRACT, WHICH WOULD BE THE ONE THAT WOULD ULTIMATELY HAVE THE OBLIGATION TO MANAGE THAT CONTRACT UNTIL COMPLETION.
JUST LIKE ANY OTHER DEVELOPER ANY OF THOSE INFRASTRUCTURE PROJECTS UPON COMPLETION HAVE TO BE INSPECTED BY THE CITY ENGINEER AND HAVE TO BE APPROVED BY THE CITY COUNCIL TO ACCEPT THOSE AND WILL BE OPERATED OR, OR CREATED WITH, YOU KNOW THE APPROPRIATE BONDS AND THE WARRANTIES THAT ARE TYPICALLY USED ON ALL OTHER ECONOMIC DEVELOPMENT OR NOT, I'M SORRY, ALL OTHER INFRASTRUCTURE PROJECTS IN THE CITY.
THANKS. SO I LOOK AT EDC AS A TOOL IN OUR TOOLKIT IN TERMS OF HOW WE GET THINGS DONE, EITHER FROM AN INCENTIVE STANDPOINT. I MEAN, THE CITY CAN OFFER INCENTIVES, CDC CAN OFFER INCENTIVES.
I WOULDN'T MIND ME PERSONALLY, I WOULDN'T USE THE EDC TO DO NO BID CONTRACTS.
I THINK THEY'RE ALLOWED TO DO THAT, BUT I WOULDN'T EVER BE IN FAVOR OF THAT BECAUSE YOU'RE STILL, TO ME, USING A DIFFERENT FORM OF TAXPAYER MONEY, BUT YOU'RE STILL USING SALES TAX MONEY.
BUT I THINK TO WHAT GEORGE'S POINT, I'M SURE JIM AND I HAD THE MEETING WITH OUR I DON'T KNOW WHAT THAT ATTORNEY WAS, BUT HE WAS AN ATTORNEY THAT DEALT WITH BASICALLY AN ISSUE WITH A CONTRACTOR.
IT BECAME APPARENT TO ME THAT HE KEPT SAYING, WELL, PUBLIC LAW, THE PUBLIC BIDDING LAWS STOP YOU FROM DOING THIS IN PUBLIC BIDDING LAWS STOP YOU FROM DOING THAT. AND IT WAS ALL ABOUT ENFORCEMENT OR IT WAS ALL ABOUT LIQUIDATED DAMAGES AND THINGS THAT THE PRIVATE COMPANIES USE TO MAKE PEOPLE PERFORM. AND HE KEPT MAKING OUT LIKE, WE JUST CAN'T DO THAT.
EVEN HOW WE SELECT CONTRACTORS. AND SO THEN I'M JIM AND I WAS LIKE, THERE'S GOT TO BE A WAY BECAUSE HOW DOES THIS COMPANY HIT DEADLINES ALL THE TIME? HOW IS THIS ONE? AND HE FINALLY HE WAS LIKE, WELL, THEY'RE NOT PUBLIC.
I WAS LIKE, SO SHE'S GOT TO BE A PRIVATE COMPANY.
HE SAID, YEAH. AND I GO, WELL, NOT THE THE EDC IS A PRIVATE COMPANY.
[00:10:04]
IT'S NOT A PUBLIC. AND SHE WAS LIKE, YEAH. AND THEN JIM AND I WERE LIKE, LET'S LOOK AT THIS.AND SO TO ME, IT'S JUST ANOTHER TOOL WE CAN USE.
THEY WANT TO HAVE SOMEONE BE THE CHAMBER, THE EDC.
THEY WANT SOMEONE THEY CAN TALK TO TO GET QUESTIONS ANSWERED ABOUT PROCESSES BEFORE THEY JUMP IN.
BECAUSE AS SOON AS YOU JUMP IN WITH STAFF, ALL OF A SUDDEN STAFFS RUN AROUND TALKING ABOUT CODES AND STUFF AND THEY'RE LIKE, HEY, WE'RE JUST LOOKING. WE JUST KICKING THAT CAR.
WE DON'T WANT TO TEST DRIVE. SO I SEE THE EDC DOING THAT.
AND THEN WHAT I THINK THE BENEFIT OF WHAT WE'RE TRYING TO ACCOMPLISH IS A UNITY OF THE US WORKING TOGETHER IS THAT I WOULD DO ANYTHING I CAN VOTING WISE TO HELP US GET INFRASTRUCTURE DONE PARKS, ROADS, WATER, WASTEWATER DONE IN THE CHEAPEST WAY THAT CAN BE DONE IN A MANNER THAT IMPACTS FOR ME, THAT IMPACTS THE TAXPAYERS AT LEAST AMOUNT.
AND TO ME, THE EDC IS A WAY TO DO THAT, TO WHERE SOMETIMES WE CAN INCENTIVIZE A COMPANY COMING BY INSTALLING LIKE THE LIVE OAK EXTENSION, HELPING FACILITATE THE BUILDING OF A ROAD THAT THE CITY MAY NOT HAVE.
WHY WOULD THE CITY GO BUILD, SPEND 3 MILLION ON A ROAD WHEN THE EDC COULD SPEND A 3 MILLION TODAY? AND THEN AS THE MONEY COMES IN, THE EDC CAN BE REIMBURSED AND THE TAXPAYERS DON'T HAVE TO PAY FOR THAT.
AND SO THEY'RE NOT SEEING AN INCREASE ON TAXES.
AND SO TO ME, THE EDC CAN INVEST INTO FUTURE.
ONCE WE GET CAUGHT UP, WE CAN INVEST INTO FUTURE INFRASTRUCTURE WITHOUT IMPACTING A TAXPAYER.
IF THE CITY DOES IT, WE JUST KEEP RAISING PEOPLE'S TAXES AND TELLING PEOPLE, THIS WOULD BE GOOD.
BUT THAT'S WHAT I KIND OF SEE, THE BENEFIT, THE ROLES.
AND I THINK IT'S VERY INTERCHANGEABLE. A LOT OF THINGS THAT DEPEND ON THE PROJECT.
AND ONE OTHER ONE OTHER POINT IS THAT WHEN YOU COMBINE THESE INFRASTRUCTURE IMPROVEMENTS WITH OTHER FORMS OF TAX INCENTIVE, FOR INSTANCE, LIKE A TIF, WHAT WE TYPICALLY CALL AS A TAX INCREMENT REINVESTMENT ZONE, THEN IF THE SAY THAT WE HAVE A LAND SALE THAT PROVIDES THE ECONOMIC DEVELOPMENT CORPORATION WITH $10 MILLION, AND NOW WE WANT TO PUT THAT $10 MILLION BACK INTO THE INFRASTRUCTURE OF THE CITY.
IF WE DO THAT WHERE THERE IS A TAX INCREMENT REINVESTMENT ZONE.
THEN WHEN THOSE INVESTORS THAT INVESTED INFRASTRUCTURE IMPROVES THE TAX BASE FOR THOSE PROPERTIES, THAT TAX BASE IN PART WOULD BE THEN REIMBURSING THE ECONOMIC DEVELOPMENT CORPORATION, THOSE $5 MILLION OR $10 MILLION IT EXPENDED ON THAT INFRASTRUCTURE. SO THAT ONCE THE TAX INCREMENT PAYS THAT REIMBURSEMENT BACK, THE ECONOMIC DEVELOPMENT CORPORATION THEN HAS THAT MONEY TO DO IT AGAIN. AND SO YOU'RE, YOU KNOW, RIGHT NOW YOU'RE JUST STARTING TO, TO, TO MOVE THE, YOU KNOW, MILLION POUND, YOU KNOW, OBJECT.
AND SO IT'S A VERY SLOW ROLL. BUT ONCE YOU GET THIS MOMENTUM GOING AND YOU'RE ABLE TO RECYCLE THESE FUNDS OVER AND OVER AGAIN WITH REGARDS TO HUTTO IMPROVEMENTS THROUGH THE ECONOMIC DEVELOPMENT CORPORATION AND THROUGH THE USE OF TAX INCREMENT FINANCING YOU'RE GOING TO BASICALLY CHANGE THE ECONOMIC DEVELOPMENT CORPORATION INTO A GOOSE THAT LAYS GOLDEN EGGS BECAUSE IT BURIES, IT BURIES THE EGG.
WOULD YOU CONSIDER IT KIND OF CALLED A SELF-FUNDING PROJECT OVER THE LONG TERM? IT WOULD BE A SALES TAX SELF-FUNDING PROJECT.
EXACTLY. BUT IT'S IT, IT RECYCLES OVER AND OVER AND OVER AGAIN THROUGH THE GROWTH OF YOUR OWN CITY.
I THINK THAT WE'RE ABLE TO ALSO ENFORCE TIMELINES BETTER THIS WAY TOO, RIGHT? AND HOLD PEOPLE'S FEET TO THE FIRE A LITTLE BIT BETTER.
PUBLIC CONTRACTS ALLOW YOU TO DO ALL THESE EXTRA DAMAGES AND INCENTIVES.
INCENTIVES. THE. I'M SORRY. THE PRIVATE ONES. RIGHT.
I MEAN, IF THEY. SO YOU CAN HAVE REALLY CONTRACTS WITH ME DENIM WHERE THE CITY OF HUTTO.
COUNCIL. RIGHT. FOR INSTANCE, IF IF IF IF WE INCENTIVIZE THE PROJECT TO BE TO COME IN EARLY AND SAY THEY GET SO MUCH, SO MANY THOUSANDS OF DOLLARS. IF THE PROJECT COMES IN X NUMBER OF DAYS EARLY IN A TRADITIONAL CITY CONTRACT,
[00:15:04]
THAT WOULD BE A GIFT OF PUBLIC FUNDS BECAUSE YOU'RE PAYING MORE FOR THE SAME THING THAT YOU WERE RECEIVING.IF THE ECONOMIC DEVELOPMENT CORPORATION DOES THAT, IT IS NOT LIMITED THROUGH THE THE ANTI GIFT PROVISION OF THE CONSTITUTION BECAUSE IT'S NOT A GOVERNMENTAL ENTITY AND THEREFORE IT CAN REWARD THE MORE EXPEDITIOUS CONSTRUCTION.
YOU KNOW, WITH THE SAME LEVELS OF QUALITY REQUIRED BY, BY INCENTIVIZING THE PROJECTS THAT WAY, THE WAY THAT THE PRIVATE INDUSTRY DOES. THE LAST THING THAT I'M.
AND SO IT BASICALLY SETS AS A SHELL SO THAT IN THE EVENT THERE IS SOME CONFLICT OR, OR SOME, SOME, YOU KNOW DISPUTE WITH THE CONTRACTOR THAT, THAT, THAT IS DOING THE WORK THE ASSET THAT THERE ARE NO, NO PUBLIC ASSETS THAT ARE AT RISK BECAUSE THE CITY IS NOT ON THE HOOK AT ALL.
AND SO WE'RE ABLE TO USE THAT AS A AS AN INSULATOR, SO TO SPEAK, TO TO PREVENT ANY POTENTIAL CIVIL LIABILITY IN THE IN THE EVENT THERE WAS SOME CONTRACT COMPLAINT OR DISPUTE IN THE FUTURE WITH THE PRIVATE WORLD USES LLCS WITH AN LLC LIMITED LIABILITY, RIGHT. I GUESS THE QUESTION IS, ARE THERE THINGS THAT COUNCIL AND EDC THINK WE SHOULD BE DOING OR THINGS THAT WE SHOULD NOT BE DOING? OH, BEFORE YOU ANSWER THAT, LET ME JUST SAY REAL QUICK THIS IS JUST ANOTHER TOOL IN OUR TOOLBOX THAT WE CAN USE TO MOVE PROJECTS FORWARD WHILE AT THE SAME TIME EASING THE TAX BURDEN ON OUR RESIDENTS. IS THAT WHAT I'M UNDERSTANDING? I WOULD SAY ONE OF THEM.
RIGHT, JORGE? YES. FOR INCREASING QUALITY, TIMELINESS.
AND WE'RE STICKING TO OUR WORD A LOT EASIER. INCREASING ACCOUNTABILITY.
I THINK WHAT YOU JUST SAID, WE'RE GETTING READY TO WRAP UP. 137 IN FRONT OF FARLEY AND REY.
BUT THE EDC SAID, LOOK, WE'VE GOT A PROJECT AT THE SOUTH SIDE OF TOWN.
THE WHAT IS IT? THE, THE BRIDGE, THE WHAT THEY CALL IT.
THAT'S THE EAST WELLINGTON. I HAVE IT, THE, THE, THE GATEWAY, THE GATEWAY GATEWAY BRIDGE, LIKE, HEY, THE GATEWAY IS WAITING FOR THIS. WE'VE GOT OTHER DEALS.
WELL THEN IF INSTEAD OF CONTRACTORS COME WITH EXCUSES WHY NOT TO WORK IT, THEN THEY WERE GOING TO THE CITY MANAGER GOING, HEY, CAN CAN WE PLEASE WORK ON A SUNDAY HERE? WE'RE TRYING TO GET CAUGHT UP. CAN WE PLEASE WORK TILL 8:00 AT NIGHT DURING THE SUMMER? IF ALL OF A SUDDEN THE PROJECT COMES IN AHEAD OF TIME, I DON'T KNOW HOW MANY PEOPLE IN THE PUBLIC WOULD GET MAD THAT THE PROJECT TOOK NINE MONTHS OR TEN MONTHS VERSUS 15 OR 18 OR I MEAN, IT'S 15 MONTHS TO GET A SIGNAL LINK.
FRONTAGE ROADS ON 130 I THINK WOULD BE ONE THAT YOU COULD INCENTIVIZE THAT TO.
THEY WOULD BE LIKE, WHAT STATUES OF PEOPLE OUT THERE? YOU KNOW, THERE'S I WAS TALKING TO ABBY. THE, THE FRUSTRATION LEVEL IS SO HIGH AND THOSE ARE GOING ALL THE WAY TO CATS OFF OF KELLY LANE TO THE NORTH, ALMOST CHANDLER UNIVERSITY. AND JUST THINK OF WHAT THE LOCAL HUDDLE TRAFFIC GETTING ON AND OFF OF 130 THAT WOULD DROP DOWN BECAUSE THEY'RE NOT HAVING TO GO ALL THE WAY DOWN TO THAT ONE EXIT TO GET INTO HUTTO. DOES ANYBODY DOES IT LIKE THAT WE'RE DOING WELL. I'M STILL UNCOMFORTABLE WITH IT.
AND THEN I'LL OUTLINE MY REASONS AND I'VE OUTLINED THEM BEFORE.
THE POLICY THAT WAS WRITTEN WAS WRITTEN A COUPLE OF DAYS BEFORE IT WAS PASSED.
IT WAS PRESENTED AS A DRAFT, AND THEN A MAJORITY OF COUNCIL VOTED IT THROUGH WITHOUT LEGAL REVIEW.
MY UNDERSTANDING JORGE MAY HAVE LOOKED AT IT BUT HAS RECOMMENDED CHANGES TO IT.
I JUST HEARD THAT THROUGH THE CITY MANAGER. I DON'T KNOW IF THAT'S ACCURATE OR NOT. JORGE IS HERE. HE CAN CLARIFY, BUT I GUESS MY UNCOMFORTABILITY WITH IT WAS HOW I FELT.
IT WAS RUSHED THROUGH. THE POLICY WAS KIND OF LIKE WRITTEN UP, PUT ON AN AGENDA, VOTED THROUGH,
[00:20:03]
IMPLEMENTED. WHEN I QUESTIONED, YOU KNOW, WHY ARE WE DOING THE RUSH? YOU KNOW, MY ANSWER I GOT WAS, WELL, IF THERE'S SOMETHING WRONG WITH IT, WE'LL FIX IT LATER. YOU KNOW, IF THERE'S ISSUES THAT WE FIND OUT THAT ARE THERE, WE'LL JUST, YOU KNOW, WE'LL JUST FIX THEM AS WE GO.THAT MADE ME UNCOMFORTABLE. AND SO I WOULD STILL LIKE TO GET AN ANSWER FROM LEGAL AS TO, YOU KNOW, HAVE WE FULLY VETTED THIS POLICY THAT WE'RE USING? HAVE WE LOOKED AT ALL THE POSSIBLE, YOU KNOW, LOOPHOLES, ISSUES? POTENTIAL, YOU KNOW, POTENTIAL YOU KNOW, ISSUES THAT, THAT WE HAVEN'T SEEN YET.
AND I WOULD REALLY LIKE TO SEE PEOPLE TAKE A LOOK AT IT AND TO GIVE US A RESPONSE BACK ON, HEY, THIS, WE HAVE LOOKED AT IT, HERE'S THE ISSUES WE THINK THAT NEED TO BE FIXED.
HERE'S THE LOOPHOLES WE THINK NEED TO BE CLOSED OR NO, THIS IS ACTUALLY REALLY, REALLY GOOD.
WE'RE GOING TO BLESS IT. WE'RE TOTALLY COMFORTABLE WITH THAT.
SO THAT WAS KIND OF MY FIRST SWITCH. OH YEAH.
YEAH. IF YOU GOT AN ANSWER, I'D SAY WHICH DOCUMENT WHEN YOU SAY THE POLICY, ARE YOU TALKING ABOUT THE POLICY MANUAL OR ARE YOU TALKING ABOUT THE CONTRACTS THAT WE HAVE PUT IN PLACE AND THE, AND THE, THE PROCESS OF THE OUTLINE LIKE WHICH OR JUST THE CONCEPT THAT WORRIES ME THAT YOU DON'T KNOW POLICY. NO. OKAY. SO THERE'S A POLICY PROJECTS.
WHAT'S THE NAME OF THE WHAT'S THE NAME OF THE POLICY? WE HAVE A POLICY MANUAL THAT I. THE POLICY MANUAL.
THERE'S A SEPARATE RESOLUTION WITH THE POLICY THAT STARTED THE WHOLE PROCESS.
AND THEN THE MANUAL CAME SECOND. SO WHAT? SO WHAT? THE ONE I'M TALKING ABOUT CITY MANAGER. WHAT'S WHAT'S THE NAME OF THAT? I THINK WE, I THINK WE NAMED IT LIKE JOINT PROCUREMENT, BUT I'M LOOKING IT UP RIGHT NOW TO SEE WHAT THE ACTUAL NAME OF IT IS.
THE CITY OF HUTTO AND JOINT CIP PROJECT PROCUREMENT MANUAL.
NO, NO IT'S OKAY. IT'S A STANDALONE RESOLUTION.
IT'S A RESOLUTION WHICH STARTED THE PROCESS. IT WAS GOING TO GO IN THIS DIRECTION.
HERE'S OUR RESOLUTION. WE KIND OF OUTLINE GUIDELINES.
YEAH. THE BIGGEST THING THAT THAT HE'S TALKING ABOUT THOUGH IS THE MANUAL.
BECAUSE THAT WAS THE BIG THING DOCUMENT THAT WAS THAT WAS REALLY BIG.
HOW TO SO HOW IS IT GOING TO GET DONE? YEAH, IT WAS REALLY, REALLY GREAT.
SO TO ADDRESS YOUR QUESTION, THERE WAS A POLICY THAT KICKED IT OFF.
IT'S JUST A RESOLUTION. MAYBE IT'S A COUPLE OF PAGES.
NO, IT WAS WHAT WE APPROVED IN CITY COUNCIL WAS A VERY, VERY THICK, I THINK.
I THINK BUT I THINK WHAT HE'S SAYING IS WE CREATED RESOLUTION POLICY.
THAT WAS TWO PAGES THAT KICKED OFF THE PROCESS THAT THEN LED TO TO THE SECOND.
YEAH. THE MANAGER COME BACK. YEAH. THE MANUAL.
AND WE'VE GONE BACK AND LEGAL LEGAL FOR I THINK BOTH HAVE NOW REVIEWED IT.
I REVIEWED IT AND GAVE A LOT OF EDITS AND I HAVE RECEIVED BACK, I WANT TO SAY TODAY OR YESTERDAY EDITS FROM DOTTY'S OFFICE. AND I'M GOING TO GO OVER THOSE SO ONCE AND I'LL LOOK AND SEE IF I HAVE ANY SUGGESTED CHANGES.
MY POINT IS THAT THE TWO LEGAL OFFICES ARE RIGHT NOW GOING BACK AND DOING DEEP DIVES ON THE MANUAL.
BECAUSE YOU'RE RIGHT, IT WAS PASSED QUICKLY THE FIRST TIME. AND SO WE MADE A POINT TO GO BACK AND DO A MUCH DO A VERY THOROUGH REVIEW BEFORE WE MOVE FORWARD WITH MORE AND MORE PROJECTS. I THINK THAT THAT THERE HAS BEEN ONE ROUND OF, OF INVOLVEMENT THROUGHOUT.
AND NOW WE'RE, WE'RE TAKING EVERYBODY'S COMMENTS AND WE'RE, WE'RE IN IMPLEMENTING THEM INTO THE, INTO THE CONTRACT SO THAT WE HAVE A CLEAR WHAT IT WAS BEFORE VERSUS WHAT WE WANT IT ULTIMATELY TO SAY AFTER SO THAT WE CAN THEN BRING THAT BACK TO THE CITY AND THE ECONOMIC DEVELOPMENT BOARD. SECONDLY IS THAT THE THE, THE, THE RUSH PORTION OF IT TO ANSWER THAT QUESTION THAT I'M AWARE AND SOMEBODY IN THE CITIES PROBABLY UNDERSTANDS MORE, BUT THERE WAS A, THE WASTEWATER LINE THAT NEEDS TO BE IN BECAUSE OF OTHER THE DOMINOES THAT ARE GOING TO FALL.
AND SO WE NEEDED TO GET THIS CONTRACT LET SO THAT THE CONSTRUCTION COULD BEGIN, SO THAT IT'S IN PLACE FOR SUBSEQUENT ANTICIPATED PROJECTS. AND IF WE DIDN'T GET IT IN PLACE IN TIME, THEN THOSE PROJECTS WOULD GO ELSEWHERE.
I THINK THE REASON I WAS OKAY WITH IT WAS BECAUSE WE'RE STILL USING CITY MANAGER AND ALL HIS STAFF TO DO THE EXACT SAME PROCESS, AS I UNDERSTAND IT. JORGE, IN ORDER FOR IT TO BE AN EDC PROJECT, CERTAIN THINGS, CERTAIN AGREEMENTS HAD TO BE BETWEEN THE CITY AND EDC.
AND SO THAT'S WHAT THE TO ME, THAT'S WHAT THE RUSSIANS AND I WAS.
[00:25:01]
AND I WAS OKAY WITH IT BECAUSE WHILE WE DO NEED TO ALIGN EVERYTHING ELSE OUT, WE'RE USING THE SAME PROCUREMENT PROCESS, THE SAME STAFF THAT ARE DOING IT. WE BID IT OUT.EVERYTHING ELSE IS EXACT. IN FACT, THAT PROJECT WAS BID TO THE CITY.
EVERYTHING IS EXACTLY THE SAME. SO FROM MY VIEWPOINT, WE HAVEN'T DONE ANYTHING OTHER THAN TAKE A CITY PROJECT AND GEORGIA SLAPPED ME. BUT LACK OF A BETTER TERM CHANGES. CITY AT HUTTO OUT SLAP IN HUTTO EDC.
TRANSFER THE MONEY OVER AND START ENFORCING THE CONTRACT AS A PRIVATE ENTITY, NOT A PUBLIC.
SO THAT'S WHY I'M NOT. WHEN I TALK TO JAMES, I'M NOT IN FAVOR OF LIKE NO BIDDING AND AND CHANGES LIKE THAT THAT WHILE THE EDC HAS THAT POWER, I DON'T THINK THAT'S APPROPRIATE. BUT THAT'S ABOUT IT.
I REDUCED YOUR LEGAL RISK BY DOING THIS THIS WAY.
YEAH, NO, I AGREE. AND THE OTHER THING I WANT TO POINT OUT IS WE ALSO LOOKED AT THE OTHER DOCUMENTS.
SO WE PASSED CONTRACTS THAT WERE USED DURING THAT SAME RUSHED PERIOD, BUT WE'RE ALSO GOING BACK AND DOING MORE THOROUGH REVIEWS OF THOSE BETWEEN THE TWO LEGAL OFFICES. SO EVERYTHING THAT WILL COME OUT OF THIS SHOULD, IT WILL BE A VERY WELL REVIEWED FINAL DRAFT OF ALL THE DOCUMENTS.
IT'S GOING TO THE ACDC ON THE 13TH. AND THEN IF YOU COME TO CITY COUNCIL NEXT COUNCIL MEETING, WE ESSENTIALLY WE TOOK A CITY DOCUMENT, A CITY CONTRACT, APPROVED IT AS A EDC DOCUMENT WITH NOT ALL THE NOT ALL THE TEETH WE COULD HAVE BECAUSE IT ALREADY GOT BEAT OUT. AND SO NOW WE'RE GOING BACK AND MAKING SURE THAT THE TEETH ARE ALL IN THERE APPROPRIATELY ON CONTRACTS GOING FORWARD.
AND I DO, I DO ACTUALLY HAVE A QUESTION FOR WHOEVER I, I WOULD LIKE TO CONNECT WITH SOMEBODY TO TALK ABOUT HOW THE, WHAT FORMS AND THINGS THE CITY USES TO CALCULATE LIQUIDATED DAMAGES, DAMAGES.
AND THEY BASE IT ON A VARIETY OF THINGS. I'LL JUST SHARE WITH EVERYBODY.
THEY BASE IT ON A VARIETY OF THINGS. SO IT CAN BE LIKE FOR A WASTEWATER PROJECT, FOR EXAMPLE, IF THE CITY HAS PUMP AND HAUL AGREEMENTS ATTACHED TO THAT AND A CERTAIN DELIVERY DEADLINE, THEN THEY INCORPORATE THOSE FEES INTO THE LIQUIDATED DAMAGES AS WELL.
SO IT'S DIFFERENT FOR EVERY SINGLE PROJECT. SO THAT'S WHERE WE ARE RIGHT NOW.
I WOULD LIKE TO REVIEW THEIR FORMS. AND THEN I WILL LIKELY WANT TO MODIFY THEM, BUT I WOULD LIKE TO REVIEW THEM AND SEE WHERE WE HAVE OPPORTUNITIES TO ENHANCE THEM.
YEAH. THE ONES THAT HAVE CLEAR DEFINITIONS OF LIQUIDATED DAMAGES, BUT SOME OF THE ONES THAT HAVE BEEN BIT OUT EARLIER THAT REALLY JUST SAY $500 A DAY WITH NO ATTACHMENT TO WHAT THAT AMOUNT CONSTITUTES THOSE THOSE WORKERS.
RIGHT. AND THOSE ARE NOT ENFORCEABLE. IF IF, IF, IF THE LIQUIDATED DAMAGES IS NOT TIED SPECIFICALLY TO THE DAMAGE THAT IS OCCURRING, AND THAT THAT THE DAMAGE IS, CAN BE SEEN IN THE CONTRACT AS BEING REASONABLE, THEN THAT, THAT CREATES THE, THE FLOOR THAT WE DON'T WANT TO SEE IN YOUR CONTRACTS, THE PUBLIC CONTRACT.
SO IF YOU SAY WHETHER PUBLIC OR PRIVATE, RIGHT, IF REASONABLE, REASONABLE, I THINK WE WERE THE SUBCOMMITTEE, I WANT TO SAY WAS GOING TO RECOMMEND TO THE CDC, LIKE 10 OR 15% OF THE CONTRACT IS LIQUIDATED DAMAGES DAILY. SO LIKE $1 MILLION CONTRACT MAYBE. MAYBE IT WASN'T RIGHT.
THE THING IS, WE CAN'T BE LIKE 10,000 A DAY ON, SAY, $1 MILLION PROJECT INSTEAD OF.
ARGUE WITH US. RIGHT. POLICY. SORRY, WE CAN'T PUT A POLICY IN PLACE.
THAT IS A PERCENTAGE. BUT THAT'S WHY I WANT TO LOOK AT THAT.
DOESN'T MEAN THAT WE CAN'T BE MODIFYING OUR LEADS TO BE MUCH MORE POWERFUL.
BUT THAT'S WHY I WANT TO LOOK AT THE FORMS THAT ARE USED TO CALCULATE AND SEE HOW I CAN ENHANCE THOSE, BECAUSE THE COURTS REALLY LOOK AT PERCENTAGES AND SEE THEM AS VERY UNLIKELY TO BE REASONABLE AND CALCULATED BASED ON REASONABLE EXPECTATIONS OF DAMAGES.
SO IF IF THAT'S WHAT I WANT TO LOOK AT IT SO I CAN GET YOU WHAT YOU WANT FOR LIQUIDATED DAMAGES,
[00:30:04]
BUT THROUGH A WAY THAT WILL STAND UP TO SCRUTINY, RIGHT? JUST START FROM SCRATCH BECAUSE YOU'RE NOT GOING TO FIND WHAT WE'VE BEEN USING.WRITE TO ME. YOU GUYS SHOULD START WITH. YEAH.
HERE'S AS TOUGH AS YOU CAN GO LEGALLY. THEN IT WAS ALSO GRADUATED LIKE IT WAS FIRST WEEK.
WAS THIS THE NEXT MONTH? AND THEN IT WAS DIFFERENT.
IT'S JUST TO BE A FLAT LAY FLAT NUMBER SO THAT I'VE SEEN NO STANDARD.
OKAY. ONE ANALYTICAL STANDARD, FOR INSTANCE FOR A ROADWAY IS THAT I MEAN, THE TEXT, I MEAN THE FEDERAL TRANSPORTATION WHATEVER, FTC, FDA, WHICHEVER THAT ONE IS. I'M SORRY.
BUT THE THEY HAVE THE, WHAT CONGESTION COSTS THE PUBLIC.
AND SO IF WE ARE ABLE TO TIE OUR LIQUIDATED DAMAGES, FOR EXAMPLE, IN A ROADWAY AS TO THE DAMAGES THAT THAT'S DOING TO THE TO THE PUBLIC. THEN YOU'RE GOING TO HAVE A LEGITIMATE THIRD PARTY OBJECTIVE BASIS BY WHICH TO SUPPORT YOUR LIQUIDATED DAMAGES.
WE'RE GOING TO NEED TO FIND THE SAME KIND OF INDEPENDENT INFORMATION.
SO THEN WE, WE CAN DESIGN THESE SO THAT THEY'RE SUSTAINABLE IN FRONT OF A COURT OF THEIR CHALLENGE.
AND THEN WE'LL LOOK AT THESE PROJECTS AND SAY, OKAY, IF WE GET THIS, YOU KNOW, THIS QUARTER MILE OF ROAD FIX THAT, YOU KNOW, EVERY DAY THAT THAT'S NOT FIXED MEANS THAT THE ECONOMY OF TEXAS AND THE ECONOMY OF HUTTO IS, IS HAVING THIS DAMAGE TO IT. THAT'S HOW WE SET THAT UP.
IF IT'S A WATER OR WASTEWATER, IT'S GOING TO BE, YOU KNOW, AN IMPACT TO OUR WATER RATES OR IMPACT BECAUSE WE CAN'T DIVERSIFY OUR WATER RATES BECAUSE WE DON'T HAVE THOSE THINGS THERE. AND SO THAT'S COSTING THE GENERAL PUBLIC X DOLLARS.
SO, SO THIS. SO I'M TRYING TO GET AN ANALYTICAL FRAMEWORK THAT WE CAN THEN ADOPT TO USE FOR THE DIFFERENT TYPES OF PROJECTS THAT YOU'RE GOING TO HAVE US HAVE. SO WHEN, WHEN CHALLENGED, WE CAN DEMONSTRATE CLEARLY THAT WE CAN MEET THE LEGAL ELEMENTS IN ORDER TO SUPPORT LIQUIDATED DAMAGES AS BEING REASONABLE AND THEY'RE GOING TO BE A LOT BECAUSE USING THIS KIND OF MODEL IS, IS A DOMINO EFFECT WITH REGARDS TO THE, THE DAMAGES THAT, THAT, THAT OCCUR FROM THE FAILURE TO HAVE ADEQUATE UTILITIES.
AND THE REASON THAT I WANT THE ONE THAT ALREADY EXISTS IS NOT SO THAT I CAN JUST LOOK FOR TINY, TINY WAYS TO EDIT IT BECAUSE IT'S CLEARLY INSUFFICIENT.
IT IS TO TAKE, IT MIGHT HAVE INFORMATION IN IT THAT DOES SOME OF THE CALCULATIONS ALREADY, AND THAT WILL SAVE LEGAL TIME DOING THOSE CALCULATIONS.
SO I WILL ADD SOME OF THE DATA FROM IT INTO OUR MODEL.
OKAY. THE OTHER THING THAT SHOULD BE ADDED IS ADDITIONAL STAFF TIME.
ADDITIONAL CONSULTING TIME IN ADDITION. ABSOLUTELY.
AND SO WHILE WE HAVE THE STICK BUILT IN WITH LIQUIDATED DAMAGES, IF WE FEEL LIKE BASED ON WHAT'S REASONABLE AND ENFORCEABLE IS NOT VERY MOTIVATING, THEN IS THERE AN OPPORTUNITY FOR CERTAIN PROJECTS TO PROVIDE AN INCENTIVE FOR EARLIER COMPLETION? SO IT'S NOT JUST, HERE'S YOUR PUNISHMENT IF YOU DON'T FINISH ON TIME, BUT HEY, IF YOU CAN DO IT FASTER, HERE'S SOMETHING ELSE TO HELP MOTIVATE YOU. SO I WONDER IF THERE'S A GOOD CARROT AND STICK APPROACH THAT WE CAN START LEVERAGING WITH THE EDC CONTRACTS AS WELL? YEAH, THAT'S ONE OF THE THINGS I PUT IN THE LATEST DRAFT BECAUSE I THOUGHT THAT WAS AN EXCELLENT IDEA. I'LL GIVE YOU AN EXAMPLE OF A CITY THAT I WAS FORMERLY WITH.
SO. SO THAT IS WHAT WILL HAPPEN IF YOU HAVE CONFLICTS.
SO BIG TIME IN FAVOR OF THAT, WITH ONE EXCEPTION.
AND SO IF YOU SAY, HEY, WE'LL GIVE YOU A 10% BONUS FOR COMING ON TIME, EVERY CONTRACTOR IS GOING TO THROW IN AN EXTRA SIX MONTHS OF TIME SO THEY CAN HIT IT EARLY. BUT IF WE ARE SOPHISTICATED OR GET TO A POINT TO WHERE WE UNDERSTAND THAT, LOOK, THAT ROAD SHOULD NOT TAKE MORE THAN 14 MONTHS TO DO.
[00:35:06]
THEN THEY'RE ALWAYS GOING TO COME IN AHEAD OF SCHEDULE AND UNDER BUDGET BECAUSE THEY'LL OVERBID IT.AND BUT FOR AMOUNT OF TIME, BECAUSE YOU HAD ANOTHER YOU SAID YOU HAD.
YEAH. THANK YOU FOR REMEMBERING THAT. SO YEAH, SO YOU KNOW, JUST, JUST TO KIND OF SUM UP THE, THE FIRST, KIND OF, THE FIRST CONCERN THAT I RAISED WAS YOU KNOW, STILL I, I, I, I STAND BY MY VOTE VOTING AGAINST IT BECAUSE IT HADN'T GONE UNDERGONE LEGAL REVIEW. I KIND OF UNDERSTAND SOME OF THE JUSTIFICATIONS FOR WHY IT WAS PASSED BECAUSE OF THE URGENCY.
BUT TO ME, THE SAFEGUARDING OF TAXPAYER FUNDS IS, IS PARAMOUNT.
AND SO THAT'S JUST THE REASON WHY I DIDN'T THINK THAT, YOU KNOW, FOR ME PERSONALLY I WASN'T PREPARED TO, TO, TO DO THAT. I DIDN'T THINK THAT THE BENEFIT OUTWEIGHED THE COST.
THE SECOND CONCERN THAT I HAD AND I REALLY APPRECIATED GEORGE'S KIND OF EXPLANATION ABOUT THE BIG BOULDER, RIGHT? WHERE IT KIND OF LIKE SNOWBALLS OVER TIME.
I THINK THAT'S GREAT. I LOVE THAT CONCEPT. AGAIN, MY RESERVATIONS THAT I HAVE NOW ARE THE TWO PROJECTS THAT WE'VE DONE SO FAR UNDER THIS POLICY HAVE HAVE BEEN FUNDED WITH PROPERTY TAX THAT WE HAVE FUNNELED FROM THE CITY TO THE CDC BECAUSE THE CDC HAS NO MONEY, RIGHT? WE THE BALL HASN'T STARTED ROLLING YET.
AND SO WE HAVE WE HAVE GIFTED THE EDC PROPERTY TAX MONEY IN ORDER TO GET THIS BALL ROLLING.
AND SO AGAIN, YOU KNOW, THAT WAS MY CONCERN. IS THAT OKAY, NOW WE'RE USING TAXPAYER MONEY TO DO THESE PROJECTS UNDER A POLICY THAT HASN'T BEEN VETTED. THAT APPARENTLY IS GOING TO BE, YOU KNOW, SIGNIFICANTLY MODIFIED POTENTIALLY.
SO AGAIN, THAT WAS MY OTHER RESERVATION WITH THAT IS, YOU KNOW, KIND OF JUST AGAIN, THE RUSH OF, OF KIND OF GETTING IT THROUGH. I LOVE THE CONCEPT OF BEING ABLE TO GO THROUGH THE EDC WHEN WE CAN, WHEN IT LEGALLY MAKES SENSE. IF WE CAN GET PROJECTS DONE QUICKER AND CHEAPER AND HAVE THOSE INCENTIVES.
I LOVE BEING ABLE TO GIVE INCENTIVES. BUT I JUST WANT TO MAKE SURE THAT WE ARE NOT TRYING TO BYPASS ANY SAFEGUARDS THAT HAVE BEEN PUT IN PLACE BY THE TEXAS CONSTITUTION. THERE'S A REASON WHY CITIES ARE LIMITED TO WHAT THEY CAN DO THROUGH THE CONSTITUTION, BECAUSE IT'S SAFEGUARDING THAT TAXPAYER MONEY.
I THINK THIS IS A GREAT CONCEPT. GREAT IDEA. I THINK THAT'S, I JUST PERSONALLY, I FEEL WE JUMPED THE GUN AND YOU KNOW, IT'S, LET'S, LET'S GET IT REVIEWED AND APPROVED IN THE NEXT COUNCIL MEETING AND I'LL LOOK FORWARD TO READING IT.
OH, THAT'S SIX MINUTES. I WAS JUST GOING TO ASK, I MEAN, IS THERE ANYTHING FROM EDC THE DIRECTOR OF EDC ABOUT AND THE AND THE BODY HERE, BUT ALSO THAT THAT ARE CONCERNS OR THINGS THAT HAVE WORKED WELL OR THINGS THAT WERE KIND OF A HICCUP.
I DON'T KNOW A GREAT DETAIL, BUT WE GOT THE, YOU KNOW, THE WASTEWATER AND THE SIERRA.
137 I THINK ARE THE TWO PROJECTS THAT YOU'VE SEEN SO FAR.
IS IT NOT BEEN STREAMLINED OR IS IT IN ANY ISSUES? AND MAYBE CITY MANAGER CAN CONCLUDE AS WELL? YEAH, I DON'T KNOW IF THOSE ARE THE BEST PROJECTS TO REFER TO JUST FOR PROCESS BECAUSE THEY WERE SUCH TIGHT TURNAROUND TIMES.
SO I DON'T KNOW IF THERE'S A FAIR ASSESSMENT ON THE PROCESS THAT WE WANT TO PUT IN PLACE.
SO I THINK THE NEXT PROJECT WILL PROBABLY BE A BETTER KIND OF BAROMETER FOR HOW THE PROCESS IS WORKING, AND IF THERE ARE GOING TO BE ADDITIONAL RECOMMENDATIONS FROM STAFF AS WE ACTUALLY IMPLEMENT WHAT, WHAT LEGAL COUNSEL AND STAFF HAVE PUT TOGETHER.
SO I THINK THAT WOULD, THAT'D BE MY PERSPECTIVE.
YEAH, FUNCTIONALLY, I WOULD SAY THAT IT'S IT'S NOT DIFFERENT AT ALL, EXCEPT NOW THE EDC VOTED TWO.
RIGHT. IT HASN'T CHANGED ANYTHING TODAY, PREDOMINANTLY BECAUSE THE, THE, THE PRIMARY GOAL WAS TO GET THE STRONGER CONTRACT LANGUAGE. AND I'M NOT ENTIRELY SURE THAT WE ACCOMPLISHED THAT YET.
SO THAT THAT WAS THE GOAL OF MOVING THOSE TWO PROJECTS OVER.
IT WASN'T THAT THE CITY COULDN'T DO IT. IT'S THAT WE WERE TRYING TO GET STRONGER CONTRACT LANGUAGE AND WHETHER OR NOT WE DID OR DID NOT ACHIEVE THAT, I DON'T KNOW. AND THAT WILL BE ACHIEVED AT THE NEXT BY THE NEXT MEETING.
WE HAVE WE HAVE AN EXCELLENT DRAFT. RIGHT NOW, I, I REALLY WANT TO LOOK AT THE LDS AND SUPPORT AND, AND BE ABLE TO SEE HOW WE'RE GOING TO FILL IN THE NUMBERS, BUT WE SHOULD HAVE, IF I CAN GET THAT COPY, WE SHOULD HAVE EVERYTHING FOR THE NEXT MEETINGS. WE'LL PROVIDE SOMETHING TO YOU TOO, BECAUSE AS STAFF ON MY SIDE, WE'VE BEEN WORKING ON LOOKING AT SOME OF THE OTHER CITY'S BEST PRACTICES ON THEIR ON THEIR STRONG CONTRACT LENGTH.
WE'RE GOING TO PROVIDE THAT OVER AS WELL. SO. SO YEAH, SO THAT SOUNDS GREAT, I UNDERSTAND THAT.
[00:40:02]
AND WE'RE TALKING ABOUT, YOU KNOW, THE, THE RISK REWARD, YOU KNOW, RISK OF AN END AROUND, I THINK IS REMOTE, BUT THE RISK OF LOSING BRUSHY CREEK EVEN DELAYED SIX MONTHS.AND WE'RE TALKING 12 MONTHS. WE'RE TALKING THE CITY IS LOSING MILLIONS AND MILLIONS OF DOLLARS.
IS THAT A FAIR STATEMENT? POTENTIALLY LOSING ON THESE LOST DEVELOPMENTS? I DON'T KNOW IF YOU CAN SAY THAT OR NOT. WE DON'T KNOW IF THOSE DEVELOPMENTS ARE ACTUALLY GOING TO BE READY TO EXECUTE AS SOON AS WE'RE DONE. WE'VE SEEN THAT WITH SOME OTHER PROJECTS THAT WERE TIED TO COMPLETION OF OTHER INFRASTRUCTURE, AND THEY'RE STILL SITTING VACANT.
SO THAT'S INFORMATION WE KNOW NOW. SPROUTS AND ALL THAT DEVELOPMENT.
YES. SO THE ONES THAT WE KNOW ARE COMING, HOWEVER, THE ONES FURTHER NORTH THAT WOULD ALSO BE IMPACTED BY THAT TODAY, THEY COULDN'T FLUSH THE TOILET FOR ANOTHER 12 MONTHS.
SO THE THING IS THOUGH IS POTENTIALLY WE COULD LOSE THOSE THINGS. BUT IF WE DON'T HAVE THIS, WE'RE GUARANTEED NOT TO GET THAT THAT MONEY. YEAH, THOSE THINGS WON'T BE.
THAT'S WHAT I LOOK AT IT WHEN MY VOTE LOOKING AT THE RISK, YOU KNOW, RISK OF UNDERGROUND.
AND I APPRECIATE COUNCILMAN GORDON, YOU KNOW, PRODUCER RESPONSIBILITIES.
NUMBER ONE, I AGREE WITH THAT 100%. ANY ASPECT OR FOR NONPROFIT.
DEFINITELY CITY COUNCIL TAX MONEY. BUT THE POTENTIAL OF LOSING FOR THE POTENTIAL OF NOT BEING ABLE TO BE IN THE RUNNING FOR THESE MILLIONS OF DOLLARS OF PROJECTS I HAD TO. THAT WAS PART OF MY RISK REWARD IN THE ORIGINAL VOTE.
I AGREE WITH CHENEY ON THE TWO PROJECTS, AND THAT WE JUST TOOK TWO CITY PROJECTS CHANGED IN THE EDC.
AND SO WHEN YOU START ROLLING TOGETHER. I FORGOT WHAT GEORGE SAYS ON THIS, BUT WE'RE ROLLING SO, SO TOGETHER NOW THAT WE CAN TAKE THE CITY PROJECT AND THE RUSH ISN'T TO GET THE PROJECT IN MY MIND WAS TO GET THE PROJECT DONE.
IT WAS TO GET IT TO WHERE IT COULD BE DONE. ON THE EDC SIDE, WHERE IT'S THE SAME CONTRACT, THE FUNDING IS THE SAME SOURCE. WE COULD NOT HAVE.
WE COULD HAVE KEPT THE PROJECTS ON THE CITY SIDE, AND THEY WOULD HAVE BEEN LET OUT UNDER THE PUBLIC BIDDING LAWS, AND THE SAME MONEY WOULD HAVE BEEN USED, AND YOU'D HAVE THE SAME FOR PEOPLE THAT ARE IN EDC VOTING ON THE CITY COUNCIL SIDE ONLY 12 MONTHS FROM NOW, WE MAY NOT HAVE THE SAME ABILITY TO ENFORCE, BECAUSE IT'S MY UNDERSTANDING WE MAY NOT BE ABLE TO ENFORCE ANY LIQUIDATED DAMAGES ON A PUBLIC CONTRACT. AND SO AT LEAST WE HAVE SOME TEETH.
BUT MY EXPECTATION IS IN THREE MONTHS WE'RE GOING TO FIND SOMETHING TO GO, MAN.
YEP, THEY GOT US ON THAT ONE. OKAY. SO WE REVISED OUR DOCUMENT GOING FORWARD.
AND SO TO ME, IT'S SOMEWHAT OF A LIVING DOCUMENT THAT CONSTANT IMPROVEMENT AS WE DO THINGS.
SO BUT I, I DO UNDERSTAND THE CONCERNS AND ALWAYS LOOKING FOR WAYS TO IMPROVE AND ALL THAT. SO. ANYBODY ELSE BEFORE WE END IT? 645 YEAH, I JUST APPRECIATE EVERYBODY'S INPUT THAT THIS IS WHY I BROUGHT IT UP.
YOU KNOW, SO THAT TO YOUR POINT, WE'RE ALL IN THE SAME DIRECTION.
WE'RE ALL ROWING TOGETHER. WHICH SOUNDS LIKE WE ARE.
I GUESS THERE'S THIS, THIS PERCEPTION OUT THERE THAT THIS IS LIKE THE WORST CITY COUNCIL THAT HAS EVER BEEN IN THE HISTORY OF HUTTO. AND, YOU KNOW, I JUST GOT HERE.
I, I DON'T, I DON'T, I DON'T KNOW WHAT HAPPENED.
THERE MAY OR MAY NOT BE BECAUSE WE'RE GOING TO SAY IT'S YOUR FAULT.
SO I BELIEVE IN OPEN, HONEST, RESPECTFUL COMMUNICATION.
AND I FIND IT HARD TO BELIEVE THAT THE, THE, THE, FOR LACK OF A BETTER WORD, THE CRAP THAT I'VE BEEN HEARING ABOUT THIS BEING THE FIRST CITY COUNCIL IN THE HISTORY OF HUTTO.
TO MOVE PROJECTS FORWARD THAT HAVEN'T MOVED FORWARD IN THE PAST.
AND THEY'RE STARTING TO GAIN TRACTION. SO, I MEAN, EXPLAIN THAT ONE TO ME.
[00:45:03]
I THINK THAT'S WHY PEOPLE ARE SICK OF LIKE, HEARING WHAT WE'RE GOING TO DO.THEY WANT TO SEE WHAT WE WANT TO DO. ACTION ACTION ACTION.
TIGHTER TIMELINE. AND BEING ABLE TO ENFORCE THOSE TIMELINES WILL HELP US SHOW THEM SOONER.
AND THEN THAT PERCEPTION, I THINK WILL START CHANGING.
AND I THINK IT'S IT'S, IT'S GAINING TRACTION, LIKE I SAID.
AND IF PEOPLE CAN'T SEE THAT THEY'RE BLIND, I THINK THAT'S WHY SOME OF IT.
AARON, IF YOU YOU'VE BEEN DOING SOMETHING. HERE'S WHAT I FIND.
YOU HAVE YOUR NAYSAYERS. IF ALL OF A SUDDEN THAT WAY HAS THE POTENTIAL OF BEING SUCCESSFUL, YOU CAN WIN THE FOOTBALL GAME BY FOUR TOUCHDOWNS.
BUT THEY'RE GOING TO SAY, YEAH, BUT YOU GAVE UP. HE GAVE UP SEVEN MORE.
AND YEAH, I COME UP WITH ONE WE'VE BEEN LOSING.
AND UNLESS WE'RE REALLY SCREWING UP FOR THE PEOPLE HATE, PROBABLY THE BETTER YOU'RE DOING BECAUSE IT'S WHEN THEY'RE NOT COMMENTING, THEN I THINK THAT'S WHEN YOU GOT THE PROBLEM. THAT MEANS YOU'RE NOT. YEAH. THAT'S RIGHT. AND SO IT'S LIKE I TELL YOU ABOUT DOWNTOWN WHEN WE DO ALL THE PARKING AT 400 SPOTS AND ALL THAT STUFF, IT'LL GET QUIET. WE MAY LOOK BACK IN FIVE YEARS AND GO, THAT WAS A MISTAKE.
BUT THE WHOLE TIME I LIVED IN THE CITY, WE'VE DONE NOTHING TO DOWNTOWN BUT STAND AROUND AND TALK.
BUT I THINK WE'RE ALSO DOING IT WITH DATA, SO YEAH.
BUT HEY, YES, BEFORE YOU GUYS END, I JUST WANT TO LET YOU KNOW THAT THERE IS A KIND OF A POP UP WINDOW THAT SAYS THAT THIS RECORDING STARTED AUTOMATICALLY PER THE MEETING ORGANIZER SETTINGS.
CAN YOU MAKE SURE THAT THAT GETS DELETED? WE POST THESE FOR THE WEBSITE.
THAT'S WHAT THE RECORDING POST, THE EXECUTIVE SESSION RECORDINGS.
WE'RE NOT IN EXECUTIVE SESSION. YEAH. THIS IS ALL PUBLIC.
OH, I'M SORRY, I I'M LOOKING AT THE MEETING. I THOUGHT IT WAS EXECUTIVE SESSION, I APOLOGIZE.
SURE. JUST LIKE I TAKE BACK. HE'S LIKE, I DIDN'T.
YEAH, I WAS GONNA SAY THERE'S NO TAPE RECORDING.
WE'LL ADJOURN AT 6:49 P.M.. THANKS, EVERYONE.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.