MINUTES

TOWN OF SUNNYVALE

SPECIAL CALLED MEETING FOR

SUNNYVALE TOWN COUNCIL

SUNNYVALE 4A DEVELOPMENT CORPORATION

JANUARY 26, 2009

6:00 P.M.

THE TOWN COUNCIL AND SUNNYVALE 4A DEVELOPMENT CORPORATION OF THE TOWN OF SUNNYVALE, TEXAS MET IN SPECIAL SESSION ON JANUARY 26, 2009 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE SUNNYVALE TOWN HALL, 127 N. COLLINS ROAD, SUNNYVALE, TEXAS, UNDER V.T.C.A., GOVERNMENT CODE SECTION 551.041. THOSE PRESENT WERE:

TOWN COUNCIL:

MAYOR JIM PHAUP

MAYOR PRO-TEM PAULA YATES

COUNCILMEMBER KATHY KANE

COUNCILMEMBER MIKE SAGE

COUNCILMEMBER KAREN HILL

COUNCILMEMBER DAVID BYRD

SUNNYVALE 4A:

PRESIDENT BILL WHITEHURST

VICE PRESIDENT JIM WADE

MEMBER LARRY BOYD

MEMBER CLINT WESTMORELAND

MEMBER RACHEL DOYLE

• CALL MEETING TO ORDER

Mayor Pro-Tem Yates called the Town Council meeting to order at 6:05 p.m.

President Whitehurst called the Sunnyvale 4A Development Corporation meeting to order at 6:05 p.m.

• EXECUTIVE SESSION AGENDA

A. ADJOURN INTO EXECUTIVE SESSION UNDER V.T.C.A.,

GOVERNMENT CODE SECTION 551.087 ECONOMIC DELIBERATION

1. HOSPITAL PROJECT - TAX ABATEMENT AGREEMENT

2. HOSPITAL PROJECT - 4A INCENTIVES

Motion was made by Councilmember Hill to adjourn into executive session. Motion seconded by Councilmember Byrd. Motion carried unanimously.

Mayor Pro-Tem Yates adjourned into executive session at 6:08 p.m.

President Whitehurst adjourned into executive session at 6:08 p.m.

Mayor Phaup and Member Doyle arrived at the meeting.

B. RECONVENE INTO OPEN SESSION

Mayor Phaup called the regular session meeting to order at 6:58 p.m.

Mayor Phaup advised that there was not action to be taken by the Town Council as a result of the executive session.

President Whitehurst called the regular session meeting to order at 7:00 p.m.

· SUNNYVALE 4A BOARD CONSIDERATION OF AN AMENDMENT TO THE 4A AGREEMENT - COTTONWOOD PARTNERS

Motion was made by Member Wade to approve the economic development agreement between Sunnyvale 4A Development Corporation and CP Sunnyvale Property, Ltd. with the following changes:

1) Monetary reference to be changed from $68 million to $67.5 million with the breakout of medical equipment and personal property to be determined by staff and attorneys in consultation with CP Sunnyvale Property.

2) Change paragraph 526 to insert after the word signs – except the sign identified as exhibit 4.3 in the sign permit application submitted to the town dated 10/24/08. Following that an insertion also of: and other promotional materials that identify the hospital.

Motion seconded by Member Boyd. Motion carried 5/0.

· SUNNYVALE 4A BOARD RECOMMENDATION TO TOWN COUNCIL REGARDING COTTONWOOD PARTNERS ABATEMENT AGREEMENT

Motion was made by Member Wade to recommend to the Town Council a tax abatement agreement for CP Sunnyvale Property, Ltd. with the following changes:

1) Monetary reference changed from $68 million to $67.5 million.

2) Recommend tolerance to trigger the abatement agreement. CP Sunnyvale Property, Ltd. must achieve 95% of total capital improvement of $67.5 million to meet requirements of abatement agreement.

3) Paragraph 2J – signs, inserted after the word signs in the current document parenthetically except for the sign identified as exhibit 4.3 in a sign permit application dated 10/24/08 and also other promotional materials for hospital.

Motion seconded by Member Boyd. Motion carried 5/0.

· ADJOURN

Mayor Phaup adjourned the Town Council meeting at 7:02 p.m.

President Whitehurst adjourned the Sunnyvale 4A meeting at 7:02 p.m.

The undersigned presiding officer certifies that this is a true and correct record of the proceedings.

_____________________________________

Mayor Jim Phaup

_____________________________________

President Bill Whitehurst

ATTEST:

_______________________________

Kathryn Dewey, Town Secretary

A TAPE RECORDING OF THIS MEETING IS ON FILE AT TOWN HALL. THESE MINUTES ARE CONDENSED THEREFROM