4B Sales Tax Corporation Notice - 12/01/2022 NOTICE OF MEETING
MEETING: Wichita Falls Type B Sales Tax Corporation Board of Directors
DATE: December 1, 2022
TIME: 3:00 p.m.
LOCATION: City Council Chambers and/or City Council Conference Room; Memorial
Auditorium, 1300 7th Street; Wichita Falls, Texas
1. Call to Order.
2. Report of financial condition (current, past & planned budget & expenditures); and other
administrative actions, including, if necessary, induction of any new board members.
3. Consent Agenda:
a) Approval of Minutes of October 13, 2022;
4. Public hearing regarding a funding request from Restoring the Past, LLC, to assist in
mechanical, electrical, and plumbing upgrades as part of the renovation of the existing
building at 608 7th Street downtown.
5. Executive Session in accordance with TEXAS GOVERNMENT CODE §551.087, to discuss or
deliberate the offer of a financial or other incentive, including modification to an existing
agreement, for a business prospect that the corporation seeks to have, locate, stay, or
expand in or near the territory of the City of Wichita Falls and with which the corporation
is conducting economic development negotiations for creation and retention of primary
jobs (as defined by TEX.LOCAL Gov'T. CODE §501.002).
6. Consider a funding request from Restoring the Past, LLC, to assist in mechanical,
electrical, and plumbing upgrades as part of the renovation of the existing building at 608
7th Street downtown.
7. Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped
parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the
Council Chambers. There are additional handicapped parking spaces and ramp on 7th Street at
the main building entrance. Spanish language interpreters, interpreters for the hearing impaired,
Braille copies or any other special needs will be provided to any person requesting a special
service with at least 24 hours' notice. Please call the City Clerk's Office at 761-7409.
Certification
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas, on the 22nd day of November, 2022, at 4:15 o'clock p.m.
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City Cler
Every item on this agenda shall be considered a public hearing and citizens may appear at the
beginning of this meeting and request to speak on any item. Regardless of the agenda heading
under which any item is listed, any word or phrase of any item listed on this agenda shall be
considered a subject for consideration for purposes of the Texas Open Meetings Act and other
relevant law, and the Board of Directors may deliberate and vote upon any such subject and
resolutions related thereto. Any word, phrase, or other subject may be voted upon, regardless of
any language of limitation found in this agenda or any document referring to such action. In
addition to other items listed hereon, any item that has previously been discussed by this Board
of Directors may be discussed and deliberated and is herein added as a subject of this meeting
without further notice. Any item on this agenda may be discussed in executive session if
authorized by Texas law, regardless of whether any item is listed under "Executive Sessions" of
this agenda, regardless of any past or current practice of this Board of Directors. Executive
sessions described generally hereunder may include consideration of any item otherwise listed on
the agenda plus any subject specified in the executive session notice. Executive sessions
described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may
include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.084, and/or 551.087. The posting of this notice constitutes publication of all items
described in this agenda for purposes of Tex. Local Gov't Code § 505.160 and other provisions
that establish minimum expenditure time periods and the sixty-day petition time. Any
descriptions of property or amounts stated herein are descriptive and not restrictive, and property
and amounts may be changed in the motions, actions or documents without further public notice.
In addition to other items described herein, this board may perform all administrative actions
appropriate for efficient corporation operation, including, but not limited to, appointment of
officers and receipt and review of reports and memorandums. This agenda has been reviewed
and approved by the attorney for the governing body, and the presence of any subject or
description in the Executive Session portion of this agenda constitutes a written interpretation of
Chapter 551 of the Texas Local Government Code by the attorney for the governmental body
indicating that said subject or description thereof may be legally discussed in a closed meeting.
Findings:
The Board of Directors finds the items approved pursuant to this agenda are in full compliance
with the Bylaws and Articles of Incorporation of the Wichita Falls 4B Sales Tax Corporation and
the Texas Development Corporation Act of 1979 and are for:
1. projects that are land, buildings, equipment, facilities, and improvements and:
(A) are required or suitable for use for professional and amateur (including children's)
sports, athletic, entertainment, tourist, convention, and public park purposes and
events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls,
parks and park facilities, open space improvements, museums, exhibition
facilities, and related store, restaurant, concession, and automobile parking
facilities, related area transportation facilities, and related roads, streets, and water
and sewer facilities, and other related improvements that enhance any of those
items;
or
(B) promote or develop new or expanded business enterprises that create or retain
primary jobs, including a project to provide public safety facilities, streets and
roads, drainage and related improvements, demolition of existing structures,
general municipally owned improvements, as well as any improvements or
facilities that are related to any of those projects and any other project that the
board in its discretion determines promotes or develops new or expanded business
enterprises that create or retain primary jobs;
or
2. promotional expenditures that advertise and publicize the City of Wichita Falls for the
purpose of developing new and expanded business enterprises;
or
3. the development, improvement, expansion, or maintenance of facilities relating to the
operation of commuter rail, light rail, or motor buses;
or
4. the development or expansion of "affordable housing" as described by 42 U.S.C. §
12745.
Allocations and Authorizations:
With respect to the Project(s) funded herein, the Board of Directors:
1. allocates the funds authorized on the preceding page, subject to the expiration of 60 days
after the posting of this notice, which shall constitute "publication" for purposes of the
notice provisions of the Texas Development Corporation Act of 1979,
2. amends the budget of this corporation to provide for the allocated expenditure from the
current budget fiscal year (or different budget fiscal year as specified in the action),
3. authorizes the President of this corporation to execute all documents necessary to expend
the funds allocated pursuant hereto and otherwise effectuate all approved actions, in a
form to be approved by the City Attorney of the City of Wichita Falls, and
4. appoints the City of Wichita Falls as agent for the Wichita Falls 4B Sales Tax
Corporation, and authorizes the City Manager and Chief Financial Officer of the City of
Wichita Falls to expend the funds allocated herein.