Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1) MINCO WIND IV, LLC and (2) MINCO WIND V, LLC, Plaintiffs, v. (1) TOWN OF HINTON, OKLAHOMA, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 5:17-cv-162-F AFFIDAVIT OF BEVERLY BALL The undersigned, being of lawful age and competent to testify regarding the matters set forth herein, states: 1. I am the duly-elected Town Clerk for the Town of Hinton, Oklahoma. I am making this affidavit on my own personal knowledge, to be used on behalf of the Town of Hinton in the above-styled lawsuit. The documents referenced in this Affidavit are kept in the course of the performance of my duties as Town Clerk. 2. A true and correct copy of Section 1-37(6) of the Code of Ordinances of the Town of Hinton, Oklahoma, which creates the Regional Planning Commission of the Town of Hinton, is attached to this Affidavit as Exhibit A. Section 1-37 has been in effect at all times relevant to this litigation and has not been modified or repealed. 3. A true and correct copy of Section 15-3(2) of the Code of Ordinances of the Town of Hinton, Oklahoma, which addresses the jurisdiction of the Regional Planning EXHIBIT 8 Affidavit of Beverly Ball Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 2 of 32 Commission, which was in effect at all times prior to December 20, 2016 is also attached to this Affidavit as Exhibit A. 4. Ordinance 2016-17, which amends Section 15-3 of the Code of Ordinances, was considered, passed, and approved by the Town of Hinton Board of Trustees on December 20, 2016. A true and correct copy of Ordinance 2016-17, as well as its proof of publication, is also attached to this Affidavit as Exhibit A. 5. Ordinance 2016-17 was passed on an emergency basis. The Board of Trustees separately considered and voted on the “Emergency Clause” set out in Section 4 of Ordinance 2016-17. The determination and declaration that the ordinance should be enacted on an emergency basis was approved by a separate and unanimous vote of the Board of Trustees. A true and correct copy of the pertinent portion of the minutes I recorded during the December 20, 2016 Board of Trustees’ meeting is attached to this Affidavit as Exhibit B. 6. A special meeting of the Hinton Regional Planning Commission was scheduled for Thursday January 12, 2017. Notice of the meeting and the agenda were posted on Tuesday January 10, 2017, more than 48 hours prior to the meeting. The notice and agenda were posted in the cases provided by the Town for the purpose of posting public notices at both Town Hall and the Hinton Economic Development Authority building. A true and correct copy of the Notice and Agenda is attached to this Affidavit as Exhibit C. 7. The members of the Hinton Planning Commission, the chairman of the Board of County Commissioners for Caddo County, Oklahoma (Randy McLemore), the mayor EXHIBIT 8 Affidavit of Beverly Ball Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 3 of 32 of the Town of Hinton (Shelly Newton), and the engineer for the Town of Hinton (Warren Peacock) were all contacted and advised of the meeting. 8. Caddo County, Oklahoma does not have a County Engineer. 9. The Hinton Regional Planning Commission met on January 12, 2017. All of the members of the Hinton Planning Commission were present during the meeting, namely: David Laughrey, Ray Kluver, Orvill Warren, and Don McCormick. Mayor Shelly Newton and Town Engineer Warren Peacock were also present. Randy McLemore, Chairman of the Board of County Commissioners, was not present. A true and correct copy of the meeting minutes is attached to this Affidavit as Exhibit D. 10. During the meeting, the Regional Planning Commission considered and adopted Resolution 2017-01 and Resolution 2017-02. True and correct copies of the Regional Planning Commission Resolutions are attached to this Affidavit as Exhibit E. 11. The Board of Trustees of the Town of Hinton met on January 17, 2017. 12. Notice of the meeting and the agenda were posted on Friday January 13, 2017 in the cases at Town Hall and the HEDA building. A true and correct copy of the Notice and Agenda is attached to this Affidavit as Exhibit F. 13. During the Town Board of Trustees’ meeting, the Trustees considered Ordinance 2016-08, concerning Wind Energy Conversion Systems. In connection with their consideration of Ordinance 2016-08, the Trustees were provided copies of the Resolutions adopted by the Regional Planning Commission. Mayor Newton also reported EXHIBIT 8 Affidavit of Beverly Ball Page 3 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 4 of 32 to the Board of Trustees regarding the meeting of the Regional Planning Commission and the discussion concerning Ordinance 2016-08 which was held during that meeting. 14. The Town Board of Trustees unanimously passed and approved Ordinance 2016?08 on January 175 2017. A true and correct copy of Ordinance 2016-08, along with proof of its publication, is attached to this Affidavit as Exhibit G. 15. Ordinance 2016?08 was passed on an emergency basis. The Board of Trustees separately considered and voted on the ?Emergency Clause? set out in Section 5 of Ordinance 2016-08. The determination and declaration that the ordinance should be enacted on an emergency basis was approved by a separate and unanimous vote of the Board of Trustees. A true and correct copy of the pertinent portions of the minutes I recorded during the January 17, 2017 Board of Trustees? meeting is attached to this Af?davit as Exhibit Further Affiant Sayeth Not. Beverly Ba]? Caddo County ss. State of Oklahoma Beverly Ball appeared before me on March 27', 2017 and executed the foregoing statement. strata (liCthl Jill/Wk 0 7 Notary Public a: a . on. 4?10 A EXHIBIT 8 A?davit of Beveriy Ball Page 4 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 5 of 32 Defendant's Motion to Dismiss Exhibit 8A Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 6 of 32 Defendant's Motion to Dismiss Exhibit 8A Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 7 of 32 Defendant's Motion to Dismiss Exhibit 8A Page 3 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 8 of 32 Defendant's Motion to Dismiss Exhibit 8A Page 4 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 9 of 32 Defendant's Motion to Dismiss Exhibit 8B Page 1 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 10 of 32 Defendant's Motion to Dismiss Exhibit 8B Page 2 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 11 of 32 Defendant's Motion to Dismiss Exhibit 8B Page 3 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 12 of 32 Defendant's Motion to Dismiss Exhibit 8B Page 4 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 13 of 32 Defendant's Motion to Dismiss Exhibit 8C Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 14 of 32 Defendant's Motion to Dismiss Exhibit 8D Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 15 of 32 Defendant's Motion to Dismiss Exhibit 8D Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 16 of 32 Defendant's Motion to Dismiss Exhibit 8E Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 17 of 32 Defendant's Motion to Dismiss Exhibit 8E Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 18 of 32 Defendant's Motion to Dismiss Exhibit 8F Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 19 of 32 Defendant's Motion to Dismiss Exhibit 8F Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 20 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 1 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 21 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 2 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 22 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 3 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 23 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 4 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 24 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 5 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 25 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 6 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 26 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 7 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 27 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 8 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 28 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 9 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 29 of 32 Defendant's Motion to Dismiss Exhibit 8G Page 10 Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 30 of 32 Defendant's Motion to Dismiss Exhibit 8H Page 1 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 31 of 32 Defendant's Motion to Dismiss Exhibit 8H Page 2 (Portions of Document Omitted as required by LCvR 7.1(n)) Case 5:17-cv-00162-F Document 13-8 Filed 03/27/17 Page 32 of 32 Defendant's Motion to Dismiss Exhibit 8H Page 3 (Portions of Document Omitted as required by LCvR 7.1(n))