PUBLIC NOTICE
AG
ENDA
LO
CKHART ECONOMIC DEVELOPMENT CORPORATION
MONDAY, MAY 9, 2022
6:00 P.M.
CLARK LIBRARY ANNEX-COUNCIL CHAMBERS
217 SOUTH MAIN STREET, 3
RD
FLOOR
LOCKHART, TEXAS
1. CALL T
O ORDER
2. PUBLIC COMMENTS
3. DISCUSSION AND/OR ACTION
3.1 Discussion and/or action regarding minutes from the April 11, 2022 meeting.
3.2 Discussion and/or action regarding sales tax and financial statements for April
2022
• FY 2022-2023 LEDC Budget Workshop
3.3 Discussion and/or action regarding granting West Texas Gas an easement
along FM 2720 in Lockhart Industrial Park III.
4. EXECUTIVE SESSION
4.1 Close Open Session and Convene Executive Session pursuant to Secs. 551.071
(consultation with attorney), 551.072 (real estate) and 551.087 (Economic
Development) of the Texas Open Meetings Act. Gov’t Code Ch. 551, to discuss
the following:
• Recycle
5. Ta
ke Action on Items Discussed in Executive Session
6. DISCUSSION ONLY
6.1 Activity Updates
7. AD
JOURN
If, during the course of the meeting, any discussion of any item on the agenda should be held in executive or closed session, the Lockhart Economic
Development Corporation will convene in such executive or closed session, in accordance with the provisions of the Government Code, Title 5, Subchapter
D to consider one or more matters pursuant to the following:
Section 551.071. Private consultation with its attorney to seek advice about pending or contemplated litigation; and/or settlement offer; (2) and/or a
matter in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State of Texas clearly
conflicts with this chapter.
Section 551.072. To deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental
effect on the position of the governmental body in negotiations with a third person.
Section 551.073. To deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an
open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.
Section 551.074. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee;
or to hear a complaint or charge against an officer or employee.
Section 551.076. To deliberate the deployment, or specific occasions for implementation, of security personnel or devices.
Section 551.086. To deliberate vote or take final action on any competitive matters relating to public power utilities.
Section 551.087. To deliberate or discuss regarding commercial or financial information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental
body is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect.
Section 551.088. To deliberate a test item or information related to a test item if the governmental body believes that the test item may be included
in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity.
After discussion of any matters in executive session, any final action or vote taken will be in public by the Lockhart Economic Development Corporation.
Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas, on the
6
th
day of _May_ at ______________.
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AGENDA MEMORANDUM
Agenda Item: 3.1
Meeting Date: May 9, 2022
Agenda Item: Discussion and/or action regarding minutes from the April 11,
2022 meeting.
Prepared by: Mike Kamerlander, Director, Economic Development
The draft minutes from the Regular Board Meeting of April 11, 2022 are
attached for the Board’s review.
Attachments:
Draft minutes from the Regular Board Meeting of April 11, 2022
Recommendation – Approve the April 11, 2022 meeting minutes as
submitted.
[RECOMMENDED MOTION] – I move to approve the April 11, 2022 minutes as
submitted.
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DRA
FT MINUTES
LOCKHART ECONOMIC DEVELOPMENT CORPORATION
MONDAY, APRIL11, 2022
6:00 P.M.
CLARK LIBRARY ANNEX-COUNCIL CHAMBERS
217 SOUTH MAIN STREET, 3
RD
FLOOR
LOCKHART, TEXAS
Board Members Present: Alan Fielder, Chairman; Alfredo Muñoz; Sally Daniel; Doug Foster;
Frank Estrada; Juan Alvarez; David Bryant
Board Members Absent: None
Staff Present: Mike Kamerlander; Pam Larison, Treasurer; Nicole Warren, LEDC Attorney
1. CALL TO ORDER
The meeting was called to order by Alan Fielder, Chairman at 6:00 pm
2. PUBLIC HEARING – 6:
00 PM
2.1 Hold a public hearing regarding a performance agreement with Revival Cycles, Inc.
pursuant to Sec. 505.159, Local Government Code.
Public hearing open: 6:00 PM Closed: 6:01 PM
No public present.
3. PUBLIC CO
MMENTS
No public comments
4. DISCUSSION AND
/OR ACTION
4.1 Discussion and/or action regarding minutes from the March 14, 2022 meeting.
No Discussion.
Motion to approve the minutes from the March 14, 2022 meeting.
Motion: Sally Daniel Second: Alfredo Muñoz Vote: 7 of 7
4.2 Discussion and/or action regarding sales tax and financial statements for March 2022.
• Audit discussion and suggestions
Ms. Larison provided an overview of the financials from the month with no significant issues
to report. Sales tax revenues continue to outpace last year’s. Ms. Larison went over the
auditor’s report which contained nothing unusual in the LEDC’s accounting. The accounting
firm did suggest LEDC funds be placed in its own bank account separate from the City’s
funds. The board discussed this at length and provided consensus to move forward with the
auditor’s recommendation.
Motion to approve the March 2022 financial statements.
Motion: Alfredo Muñoz Second: Sally Daniel Vote: 7 of 7
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4.3
Discussion and/or action regarding LEDC Resolution 2022-08 for an economic
development performance agreement with Revival Cycles, Inc.
The Economic Development Performance Agreement is to provide a rebate of up to
$250,000 to Revival Cycles, Inc. for reimbursement of building renovations including but not
limited to window replacements, life safety equipment, and electrical work and upgrades,
and a rebate of EDC sales taxes collected by Revival Cycles, Inc. over a 5-year term.
Motion to approve LEDC Resolution 2022-08 for an economic development performance
agreement with Revival Cycles, Inc.
Motion: Alfredo Muñoz Second: Doug Foster Vote: 7 of 7
4.4 Discussion and/or action regarding a property sale agreement for 19.665 acres in
Lockhart Industrial Park III with Titan Development.
Due to the right of first refusal with Titan Development, the company has exercised its right
to purchase this tract in Industrial Park III. Terms were discussed as part of the agenda
packet.
Motion to to Authorize the LEDC President to execute a purchase sale agreement for 19.665
acres in Lockhart Industrial Park III.
Motion: Alfredo Muñoz Second: Doug Foster Vote: 7 of 7
4.5 Discussion and/or action regarding a property sale agreement for 6.788 acres in
Lockhart Industrial Park III with Ziegenfelder Company.
Motion: Doug Foster Second: Alfredo Muñoz Vote: 7 of 7
4.6 Discussion and/or action regarding phase 2 of Lockhart Industrial Park III.
Staff reviewed the current state of Lockhart Industrial Park III and went over the need to
begin phase II of the park due to contracting with business entities for land in phase II. Staff
went over the possibility of cash flow lagging sales and that the EDC would need to cover
those costs until the land sales closed which are all expected by the end of the year.
Motion: Doug Foster Second: Sally Daniel Vote: 7 of 7
4.7 Discussion and/or action regarding authorization of a Memorandum of Understanding
between LEDC and the Greater San Marcos Partnership for the Fiscal Year 2021-22.
Staff reviewed the proposed MOU with the Greater San Marcos Partnership for the 2021-22
Fiscal Year. After deliberations, the board decided to remove on provision in the MOU and
reduce the investment in GSMP from $20,000 to $15,000 for the current fiscal year.
Motion: Doug Foster Second: Juan Alvarez Vote: 7 of 7
5. Executive Session – I
n: 7:16 PM Out: 7:37 PM
5.1 Close Open Session and Convene Executive Session pursuant to Secs. 551.071
(consultation with attorney), 551.072 (real estate) and 551.087 (Economic Development) of
the Texas Open Meetings Act. Gov’t Code Ch. 551, to discuss the following:
• Summertime
• Revive
• Recycle
• Specs 2
• Rose
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6. B
oard Action from Executive Ses
sion
6.1 Motion to accept the LOI terms for Project Specs 2 and direct staff to negotiate a
purchase sale agreement as discussed in executive session.
Motion: Doug Foster Second: Sally Daniel Vote: 7 of 7
6.2 Motion to authorize the LEDC President to negotiate and execute a Purchase Sale
Agreement with Project Rose.
Motion: Alfredo Muñoz Second: David Bryant Vote: 7 of 7
7. DISCUSSION ONLY
7.1 Activity Updates
Mr. Kamerlander gave an update on the LEDC Staff activities for March 2022.
ADJOURN
Motion to Adjourn.
Motion: Alfredo Muñoz Second: Sally Daniel Vote: 7 of 7
LEDC Board of Directors Adjourned at 7:44 PM.
Minutes approved this the 9th day of May, 2022.
_________________________________
Alan Fielder, Chairman LEDC
__________________________________
Michael Kamerlander, Secretary LEDC
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AGENDA MEMORANDUM
Agenda Item: 3.2
Meeting Date: April 11, 2022
Agenda Item: Discussion and/or action regarding sales tax and financial
statements for April 2022
- FY 2022-2023 LEDC Budget Workshop
Prepared by: Mike Kamerlander, Director, Economic Development
The April 2022 financial statements are attached for the Board’s review. Ms.
Larison will review the FY 2022-23 proposed budget in a workshop with the
board.
Attachments:
April 2022 Financial statements; Draft FY 2022-23 LEDC Budget
Recommendation – Approve April 2022 financial statements as
submitted.
[RECOMMENDED MOTION] – I move to approve the April 2022 financial
statements as submitted.
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AGENDA MEMORANDUM
Agenda Item: 3.3
Meeting Date: May 9, 2022
Agenda Item: Discussion and/or action regarding granting West Texas Gas
an easement along FM 2720 in Lockhart Industrial Park III.
Prepared by: Mike Kamerlander, Director, Economic Development
Attached is an agreement for granting an easement to West Texas Gas
(WTG) at Industrial Park III.
West Texas Gas is the supplier of natural gas to Lockhart Industrial Park III
and has brought the gas line to Cahill Street from the north along FM 2720.
To provide adequate service to the park, WTG is proposing to extend the 6”
line from its current terminus at Cahill down to the railroad track along FM
2720. This would allow WTG to run lines into the park from 2 locations,
rather than one.
The agreement would grant WTG a 30’ construction easement which would
revert to a 10’ easement once construction is completed. The pipeline would
be buried to a minimum depth of 36”.
Attachments:
WTG Easement Agreement and Exhibit A (Map).
Recommendation – Approval of natural gas easement agreement with West
Texas Gas.
[RECOMMENDED MOTION] – I move to approve the natural gas easement agreement
with West Texas Gas.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVERS LICENSE NUMBER.
PIPELINE EASEMENT AND RIGHT OF WAY AGREEMENT
STATE OF TEXAS §
§
COUNTY OF CALDWELL §
Lockhart Economic Development Corporation, a Texas Type B Corporation, (“GRANTOR”, whether one or
more), for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) cash and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, hereby GRANTS and CONVEYS unto
WTG Gas Transmission Company, LLC., a Texas limited liability company, whose mailing address is 303 Veterans
Airpark Ln STE. 5000, Midland, Texas 79705, its successors and assigns ( “GRANTEE”) a right-of-way and easement
( “Right-of-Way”) for locating, establishing, constructing, laying, installing, operating, using, maintaining, inspecting,
testing, protecting, cathodically protecting, repairing, assigning, restoring, renewing, reconstructing, replacing,
substituting, changing the size altering, converting, relocating within the Right-of-Way 1 pipeline and its related
appurtenances, below ground only, including but not limited to, valves, meters, regulators, cathodic protection, test
leads, and aerial markers (such facilities, together, “Pipeline”) for the transportation of natural gas and its related
components, on, over, across and under the following described land, situated in Caldwell County, of the state of
Texas ( “Property”) as shown in the attached Exhibit “A”
The Right-of-Way shall be thirty feet (30’) in width during the period of initial construction. After initial
construction has been completed, the Right-of-Way shall revert to ten (10’) in width and which Right-of-Way is on
and across the Property. Within thirty days (30) of the Pipeline completion, GRANTEE, at its expense, will provide a
field note description of the area occupied by the Pipeline and the parties will execute and record an amendment to
the Pipeline Easement and Right of Way Agreement that identifies the easement property to be occupied by
GRANTEE’s Pipeline as the area or areas described by field notes.
The GRANTEE will have all rights and benefits necessary or convenient for the full enjoyment or use of the
rights granted, including without limitation: (1) the free right of ingress and egress over and across the Property to and
from the Right-of-Way, including the right to use any gates, whether interior or boundary, for access on and off the
Property; (2) the right to use private roads over and across the Property; (3) the right to install gates or gaps in any
boundary or interior fence within and on the Property, provided that prior to cutting any fence, GRANTEE shall brace
the existing fence on both sides of the Right-of-Way in such manner that there should be no slacking of the wires; and
(4) the right from time to time to cut trees, brush, and under growth and remove other obstructions that may injure,
endanger or interfere with the use of the Pipeline and during initial construction, GRANTEE shall remove all brush
and debris, if any, cleared from the Right-of-Way by burning, chipping, and/or burying. GRANTOR shall not place
any obstruction within the Right-of-Way which could interfere with the normal operation and maintenance of the
Pipeline. This grant shall apply to any interest presently owned or hereafter acquired by GRANTOR in the Property.
GRANTEE shall bury all pipe a minimum of thirty-six inches (36”) unless impenetrable rock is encountered,
then the Pipeline may be buried at a lesser depth. GRANTEE shall remove all trash and other debris that that
GRANTEE or its contractors deposit on the Right-of-Way and restore the surface of the Property to as near its original
condition as is reasonably practicable.
If applicable, GRANTEE agrees to pay a fair and reasonable amount for actual damages, including but not
limited, to roads, fences, ditches, culverts, terraces, natural grasses, ground cover, brush, trees, cultivated land,
growing crops, livestock, buildings and other structural improvements caused by GRANTEE in the exercise of its
rights hereunder; provided, however, subsequent to initial construction, GRANTEE shall have the right from time to
time to cut all trees and/or undergrowth that in GRANTEE’s judgment may injure, endanger, or interfere with the
exercise of GRANTEE’s rights and privileges granted herein. GRANTEE shall be liable for damages caused on the
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Right-of-Way by keeping the Right-of-Way clear of trees, undergrowth, and other obstructions.
GRANTOR reserves the right to farm, cultivate and graze the Right-of-Way, to build levees or cross fences
on, over and across the Right-of-Way as near as to a 90 degree angle as possible, as well as to full use and enjoyment
of the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall
not construct on or over the Right-of-Way any buildings, structures or other improvements, natural or man-made
obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, operation, or access to
and from the Right-of-Way.
GRANTOR shall retain all the oil, gas, and other minerals in, on and under the Right-of-Way; provided,
however, that GRANTOR shall not be permitted to drill or operate equipment for the production or development of
minerals on the Right-of-Way, but will be permitted to extract same from and under the Right-of-Way by directional
drilling and other means, provided such activities do not damage, destroy, injure, and/or interfere with the
GRANTOR’s use and access of and to the Right-of-Way for the purposes for which the Right-of-Way are being sought
herein.
Notwithstanding any other provision in this Agreement, GRANTOR may construct streets or roads (including
gravel, asphalt, or concrete streets or roads) at any locations above the Right-of-Way provided the portion of a street
or road constructed above the Right-of-Way must cross the Right-of-Way at or near 90 degrees and may not exceed
forty feet (40’) in width, cause a violation of any applicable pipeline regulation, or interfere with the operation and
maintenance of the Pipeline. At least thirty (30) days before the date on which construction of an asphalt or concrete
street or road that will be located wholly or partly in the Right-of-Way is scheduled to begin, GRANTOR must submit
plans for the proposed construction to GRANTEE. GRANTOR’s construction of any such streets or roads shall be at
GRANTOR’s sole expense.
During initial construction of the Pipeline, Grantee shall have the right to use additional workspace of one
hundred feet by one hundred and fifty feet (100’ x 150’) along the Right-of-Way at the crossings of roads, railroads,
pipelines, streams, terraces and uneven terrain.
By entering into this Pipeline Easement and Right of Way Agreement, GRANTOR warrants that GRANTOR is the
fee owner of the Property and has the authority to convey the rights and interests set forth herein to GRANTEE.
GRANTOR further agrees to defend, indemnify and hold harmless the GRANTEE, its successors and assigns from
all claims disputing GRANTOR’s legal right to convey this Right-of-Way to GRANTEE, to the extent allowed by
law.
The Internal Revenue Code provides that a grantee of a real property interest in the United States must
withhold tax if the grantor is a foreign person. Each GRANTOR certifies under oath and subject to penalties of perjury
that such GRANTOR is not a foreign person, foreign corporation, foreign trust or foreign estate, for purposes of
Internal Revenue Code compliance.
This instrument may be executed in any number of counterparts, each of which shall be deemed an original
for all purposes and shall be binding upon and effective as to each party executing the same regardless of whether all
of the parties join in the execution of this instrument. All of such counterparts shall constitute one and the same
instrument and may be combined to form a single instrument for recording purposes.
This grant covers all agreements between the parties concerning the Right-of-Way and no representation or
statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement.
GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM ANY CLAIMS,
DEMANDS, CAUSES OF ACTION, LIABILITY, OR DAMAGES, OF ANY NATURE WHATSOEVER,
INCLUDING ENVIRONMENTAL DAMAGES, OF WHICH SHALL BE THE RESPONSIBILITY OF THE
GRANTEE, OCCASIONED BY GRANTEE’S USE AND/OR OPERATION OF THE EASEMENT GRANTED
HEREIN, WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, OR THE NEGLIGENCE OR
INTENTIONAL ACT OF ANY PERSON, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR
CONCURRENT, ACTIVE OR PASSIVE; PROVIDED HOWEVER, GRANTEE SHALL NOT INDEMNIFY
GRANTOR AND SHALL NOT BE LIABLE FOR INJURIES OR DAMAGES RESULTING FROM THE GROSS
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NEGLIGENCE OR INTENTIONAL ACT OF GRANTOR, THE OPERATOR(S) OF GRANTOR’S SURFACE
ESTATE, OR ANY OF THEIR AGENTS, REPRESENTATIVES, LICENSEES, CONTRACTORS, EMPLOYEES,
OR TENANTS. LESSEE FURTHER AGREES TO BE STRICTLY LIABLE FOR ALL DAMAGES CAUSED BY
GRANTEE OR ANY ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, CONSULTANTS OR
ANYONE ACTING ON BEHALF OF GRANTEE
TO HAVE AND TO HOLD said Right-of-Way and rights associated therewith unto GRANTEE, its
successors and assigns. The terms and conditions of this Pipeline Easement and Right of Way Agreement bind and
inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and representatives
and shall run with the land. All rights herein granted may be assigned in whole or in part.
EXECUTED as of and to be effective this the _______ day of ______________, 2022.
GRANTORS:
Lockhart Economic Development Corporation,
A Texas Type B Corporation
______________________________
By:
Title:
GRANTEE:
WTG Gas Transmission Company, LLC.
____________________________________
By: JJ King
Title: Vice President
Acknowledgments on page to follow
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ACKNOWLEDGEMENTS
STATE OF ___________ §
§
COUNTY OF ___________ §
This instrument was acknowledged before me this ___ day of ____________ 2022, by
_______________________ the ________________________ of Lockhart Economic
Development Corporation, a Texas Type B Corporation.
____________________________________
Notary Public in and for State of Texas
My Commission Expires: ______________
STATE OF TEXAS §
§
COUNTY OF MIDLAND §
This instrument was acknowledged before me this ___ day of ____________ 2022, by JJ King ,
as Vice President of WTG Gas Transmission Company, LLC, a Texas limited liability company.
____________________________________
Notary Public in and for State of Texas
My Commission Expires: ______________
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AGENDA MEMORANDUM
Agenda Item: 4.1
Meeting Date: May 9, 2022
Agenda Item: Close Open Session and Convene Executive Session
pursuant to Secs. 551.071 (consultation with attorney),
551.072 (real estate) and 551.087 (Economic Development)
of the Texas Open Meetings Act. Gov’t Code Ch. 551, to
discuss the following:
• Recycle
Prepared by: Mike Kamerlander, Director, Economic Development
Project discussions in executive session.
Attachments:
None
Recommendation – N/A
[RECOMMENDED MOTION] – N/A
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AGENDA MEMORANDUM
Agenda Item: 6.1
Meeting Date: May 9, 2022
Agenda Item: Activity Updates
Prepared by: Mike Kamerlander, Director, Economic Development
Power Point attached.
Attachments:
Activity Update Power Point
Recommendation – N/A
[RECOMMENDED MOTION] – N/A
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6.1
EDC Staff
Activities
• Update on EDC Staff Activities (e.g.,
marketing, prospects, projects, events,
and other updates)
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MARKETING & PROMOTION
• Presentation with Link Realty – 4/5
• Iron Ox BRE Meeting – 4/5
• NCCC Meeting – 4/6
• Workforce Solutions Board Committee Meeting – 4/7
• ED Specialist Interviews – 4/12-13
• Workforce Solutions Board Meeting – 4/20
• GSMP Board Meeting – 4/2
1
• Prospect Meeting – 4/22
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MARKETING & PROMOTION
• Meeting with Developer – 4/25
• Meeting with Titan Development – 4/26
• Developer Meeting – 4/
2
7
• Ir
on Ox Gr
an
d O
pening – 4/28
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I-Park
Updates
• Cahill Street is underway and will be
completed shortly.
• Final Plat will be submitted once road is
comple
ted
• LOI’s or property sales agreements now
in ha
nd for all parcels in industrial park.
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RECENT ACTIVITY
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Business
Recruitment
Activity Matrix
April 2022 April 2021 CY 2022
OUT OF REGION VISITS 0 0 1
SOURCES OF LEADS
3 5 31
Internal Leads
Direct Company
1 2 2
Local/Regional Broker
0 0 4
Site Consultant
1 0 1
Other
0 0 0
External Leads
Austin Chamber
0 1 4
State
1 2 20
GSMP
0 0 0
PROSPECT FOLLOW UP REQUEST
253 227 952
PROSPECT VISITS
1 1 11
New (1
st
)
1 1 8
Repeat
0 0 3
Announcements
2 0 3
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16,027 jobs
7.259 million sq. ft.
4,779 acres
$27.72 Billion
Project Updates
LEADS BY INDUSTRY – CY 2022
32%
0%
0%
0%
0%
7%
45%
0%
10%
6%
Advanced Mfg.
Aviation
Biotechnology
Consumer Goods
Corporate Ops.
Distribution
General Mfg.
IT
Other
Automotive
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FOR MORE INFO ABOUT THE LOCKHART EDC VISIT
WWW.LOCKHARTEDC.COM
THANK
YOU!
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