Min 12/16/1982 1
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Wichita Falls, Texas
Memorial Auditorium Building
December 16, 1982
Item 1
The Board of Aldermen of the City of Wichita Falls, Texas, met in called
session on the above date in the Board Room of the Wichita Falls Independent
School District at 1104 Broad Street, at 3:00 o'clock P.M. , with the following
members present.
Gary D. Cook Mayor
Gene Shearman Q
John W. Hampton
Carol G. Russell Aldermen
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
Stuart Bach City Manager
Wilma J. Thomas City Clerk
Charles Connally Assistant City Attorney
- - — — — — — — — —
The Board of Aldermen met in joint session with members of the Wichita
Falls Independent School District Board, and the Wichita County Commissioners'
Court.
The purpose of the joint meeting was to discuss the possible creation of
a tax increment financing reinvestment zone.
Don Wills, President of the School Board, called the meeting to order.
He stated that this is a first for all elected members of the community to meet
together. He introduced Senator Ray Farabee to discuss this new legislation.
Senator Farabee discussed tax increment financing in the State of Texas,
which was adopted by the legislature in 1981 . He stated that increment is an
increase. Some have used revenue bonds to finance public improvements. They
would be paid for by the increase above a base line valuation that is made
after a given date. Values in the base line are frozen. Money could be used
for lighting, parks, etc. You have to have an identifiable zone. You have to
have hearings. A resolution has to be adopted. Certain limitations are made
as far as residential areas, etc.
The biggest problem we have seen in Texas is a lack of cooperation or
knowledge within the governmental entities. In this zone, values are frozen
as of a given time. Even though the appraisal increased, the taxable value
would not increase. Money would go to pay for improvements in the area. If
there is an increase in value by inflation, those increases in value will be
dedicated to paying off public improvements at that time. A program was
presented to the Historical Commission about a year ago which outlined this
project.
Don Wills asked if this is something the City has control over? Senator
Farabee stated that other entities would normally go along with them, but it
is a program assigned to the cities. It would require a high degree of
cooperation. Mr. Wills asked if on the frozen portion of this our tax rate
went down, would we get less taxes because the rate dropped? Senator Farabee
stated that in 1982, they will have that same amount of money. The tax rate
might have to go up when more revenue is needed.
Senator Farabee stated that the values of those in the zone will continue
to increase, and they will pay the same amount of taxes, so they are getting
no tax break. Their portion would go to pay for improvements in that area.
Alderman Shearman asked if they would be taxed on the amount as of the
date they are frozen? Senator Farabee stated that it would be as of the
appraised value at the time it was frozen.
County Commissioner Weldon Nix asked how these values were arrived at?
Senator Farabee stated that it is up to our local officials to make that
determination.
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County Judge Bacus asked about a problem in other areas? Senator Farabee
stated that the problem was caused by not taking other governmental entities
into consideration.
Alderman Hampton asked what he is thinking about proposing to remedy those
circumstances, and give us the benefit of his observations so that we may avoid
those pitfalls. Senator Farabee pointed out that exchange of information
between the bodies is needed, and that representatives from each body should be
on the board for the zone.
Mr. Wills asked if the City could set it up without school and county
taxes going into it. Senator Farabee stated that it could be done.
City Manager Stuart Bach noted the advantages and disadvantages of tax
increment financing. He recommended that bonds not be issued, but go on a
pay-as-you-go basis. He also discussed options for distribution of the tax
increment.
Mr. Wills asked if the City Council votes to do this, do we in fact have
any choice? Alderman Hampton stated that he got the impression that they would
not have any choice if the Council chose to do that, and that bothers him.
Mayor Cook stated that Senator Farabee is carrying back to the legislature
that portion to correct, and that they do not want to do anything without the
concurrence of the City and County. We do not want to fight over tax dollars.
Bill Spears, School Board Member, asked who would determine how the money
was spent? It was explained that a board is set up the first year, and the
second year the City Council has the option themselves. City Manager Stuart Bach
suggested that the three entities set up a board. If they agree to some portion
of an increment, it could be put in a contract, and also how long the zone would
be in existence.
Alderman Shearman asked how Mr. Bach would rate this in priority, considering
all the flooding problems, etc. that we have had? Mr. Bach stated that it is a
matter of how a person looks at it, and what they consider priorities.
County Commissioner Weldon Nix asked about block grant funds for this project.
Bill Spears asked what term is optimum? Mr. Bach stated that 15 years
would be desirable, or they could select another option? Preliminary data is
based on 3 percent growth rate.
Alderman Shearman clarified that the taxes collected in that district can
only be spent in that district.
Mayor Cook explained that what basically could be said is that they are
telling individuals and developers and outside interests that a commitment has
been made to improve a specific area of the City, and they might be encouraged
to make an investment in that area that otherwise might not be made.
County Judge Bacus questioned the planning that needs to take place. He
stated that coordinated planning and a lot of public input is needed. We are
looking at several months of preparation, other than weeks. He would like to
hear some comments from the other elected officials regarding the timing.
Alderman Shearman stated that he would like to see some citizen input.
County Commissioner Gordon Griffith asked why citizens in other cities in
the county could not participate? Alderman Hampton asked if the citizens of
Burkburnett would object to the money generated in a specific area of the
County being spent there?
Judge Bacus stated that the question is, is this the best alternative, and
if so, how do you develop it in such a way that the people understand? He
questions whether we are at this time ready to jump off the deep end. He
realizes the potential benefit to the taxpayers in the long run. Don Wills
suggested that we talk about timing.
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County Commissioner Weldon Nix stated that they worked pretty hard on tax
bonds and the tax base. If we do this by December 31 , we give up a lot of work
we have already done.
City Manager Stuart Bach stated that you have to make things happen. You
cannot expect developers to take the lead.
Mayor Cook noted that we may not have time to hear from the public on
this by December 31 , but he feels we have had an opportunity to hear from the
citizens through the goals program. Is this the best alternative? One
alternative is to let nature take its course and deteriorate. The question
is how long will it take, and are we willing to wait that long? He also
mentioned a bond issue. Do we have enough time to address this issue, and give
it the consideration it needs? On the other hand, however, how long do we wait
to develop the Greenbelt? We have been working on it since 1920.
Mr. Bach stated that December 31 is the end of the tax year. Judge Bacus
stated that we are talking about a week or two until December 31 for people
in the community to examine it. He feels like they need some input in this.
Bill Spears asked because of the timing would it be conceivable to go
ahead and enter into this type of thing to lock in the base in 1982, and make
those other decisions later?
Mayor Cook stated that if we don't act now we would lose $176,605
compounded for 15 years. The other thing we may lose is attraction of additional
development that we are not aware of at this time.
Don Wills asked if the increment can be set any way we want it? Mr. Bach
stated that it could be.
Alderman Wilson noted that the taxpayers are more concerned than the tax
collector. There is a question of how much commitment the taxpayers are willing
to make. Directors and their terms need to be considered, along with other
criteria for other areas, etc. He feels it is important that we give the
public the opportunity to respond to it.
Alderman Shearman stated that he had received this information only
three days ago.
Alderman Russell asked when the constitutional amendment was passed?
Mr. Bach stated in November. She mentioned a meeting with Senator Farabee
several months ago in the Activities Center.
Alderman Hampton was in favor of some kind of open-ended agreement, if
possible, to capture the tax increment for 1982, and leave it open for all
entities to do what they want to.
The meeting recessed at 4:00 for about five minutes, and then reconvened.
Charles Dunlap, President of Midtown Now, stated that this is not a
Midtown Now project, but they have become interested in it. He stated that he
hears businessmen talk about lack of growth in the city. Appearance of the
city is the greatest detriment in attracting industry to the city. He stated
that the top priority in attracting industry is a recreational zone. He
stated that there is some feeling that we can wait in 1982, but if we wait until
1984 it will be too late. Unless an increment zone is approved, other
development will not occur. The distribution we are talking about is taking
money and making improvements in certain areas. He is opposed to it being
distributed elsewhere.
Bob Seabury stated that the taxes would be spent in the area where it is
located. He would like to see an enormous tax spent in his area, but it is
his understanding that they will be spent all over town. It seems that we are
almost pitting one area of town against another. He stated that there are
platted areas all over the city that need improvement. Why not have a bond
election on various sections of the city? It seems this is a fair way to
approach this problem.
Gary Shorts stated that he is a newcomer to Wichita Falls. In terms of
their perspective at the newspaper, the Greenbelt is a priority project. We
are starting to see the beginning of something happening in that area. He
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feels the elected officials are charged with making these kinds of decisions.
He would also support a bond issue. He stated that he knows by coming from
St. Louis what can happen when the community gets behind it. He would urge all
to consider that timing is important.
George Adams stated that he feels both groups are united in what's good
for Wichita Falls. He feels that he has been as loyal to Wichita Falls as
anyone else has been as far as investments are concerned. He stated that he
was the first institution to offer to finance a commercial project in Wichita
Falls. He is opposed to this project for the reason that it favors one area
of Wichita Falls over another. If we gave that same opportunity to others we
could have a first class hotel if the same conditions were given as were given
to Kiva Inn. We could make this available to the entire town. What we are
talking about doing is trying to force a trend of where people should shop in
Wichita Falls. Why should we not let commercial property go to any part of
town if that is where the development is. There are needs for downtown, but
that does not mean we should force the downtown for things that are not needed.
If you give any other place that kind of advantage they will spend dollars
there. He stated that when you are talking about freezing taxes , you are
talking about the rest of the city paying for it. It will be spent in that
area, and public improvements are limited to the immediate area.
Bill Spears stated that taxes would be the same. They will be paying the
same amount. There will be no tax benefit to the Kiva Inn.
George Adams stated that rent is lower in this part of town than anywhere
else. Sometimes deterioration has to occur before improvements can be made.
He is opposed to us favoring only a few.
J. C. Boyd stated that one difference between downtown and the shopping
centers is that downtown is owned by the citizens. They have the responsibility
to take care of the property.
Judge Bacus stated that essentially this is a City of Wichita Falls
originated project. He would like to hear from them.
Mayor Cook stated that it is his opinion that we have a situation of
deterioration, and we might be able to make a commitment to attract some industry
outside Wichita Falls. Perhaps we, as elected City officials, need to step
forward and take the leadership, but it should not be moved too quickly.
Perhaps we could set a freeze as of December 31 , 1982, but set forth in a
contract that each of the bodies would set their percentage of participation.
At least we would have taken the position that something needs to be done, and
have captured that increase as of December 31 . It could be made renewable every
five years. This would show that they are interested and commited, but they
are not locking themselves into it.
Alderman Wilson feels we should ante-up and say what each of the bodies
will go on.
Bill Spears stated he believes if they can preserve their options by acting
on it before December 31 , we haven't lost anything.
Alderman Wilson stated that we are talking about a 15-year commitment, and
we are making a decision on a bond program that will not be submitted to the
people.
Bill Spears suggested that we just freeze the base and make a decision
later on. Mayor Cook stated that we have to establish a percentage of at
least one percent, which could be later amended.
Alderman Shearman stated that we need to establish our priorities. He
stated that he did not ask for any help in his business except on his own. What
will happen in this area will happen naturally. If we are going to do it for
one area, let' s do it for all .
Alderman Russell stated that she favors the plan. Since about 1887 the
midtown area has carried the leadership of the town in sewers laid, the tax
base, etc. She stated this tax increment return is only a fair thing for what
the midtown has furnished. She stated that the Greenbelt area improvement would
benefit more than a few people. She mentioned several other cities which have
improved because of their river improvements. She believes it takes something
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to make something. The development that is there now did not just happen. It
was carefully nurtured and developed.
Alderman Boston noted that some of the arguments are justifiable.
Alderman Morris stated that he does not necessarily believe that this
decision would favor one side of town over another. The primary decision we
need to make is do we want to enter into some kind of contract, and later
negotiate a percentage contract?
Ruth Terry, School Board member, stated that she feels the plan is very
worthy. She stated that she does not put much faith in the Goals for Wichita
Falls. They did not support the hospital and zoning. She feels if citizens '
input was received, the citizens would place a low priority on it. She fails
to see how this would benefit the school district. She stated that she cannot
commit money to this plan which is set aside to educate our children.
Sue McAlister stated that deterioration breeds more crime. She agrees
with the fact that money designated for education should be spent in that area,
but she does not want to roadblock the plan by putting a "no" stamp on it if
there is a way we can support it. She is not at this time ready to name a
percent, but she is not ready to say forget the whole thing.
Bill Spears stated that he is not sure how he is ready to go, but as a
businessmen he wants to retain an option. If we can do that, it will benefit
us all . A very large part of educating our children is being able to finance
the education. He has no objection to spending his money in an area where there
is a great need, such as Holliday Creek or even this area. He would like to
retain his options.
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Al Flack stated that the concept is good. It has some disadvantages, but
you have to make things happen. He stated that we are talking about a certain
zone today, but additional zones may also be formed which need additional
stimulus. He is not sure he could justify allocating 100 percent of the taxes
generated into this project. He would be in favor of allocating a certain
percent of the increments.
I
Don Wills stated that he sees some problems with it, such as timing and
the inability to answer technical questions. Is there enough money, if the
Council chooses this plan, to really impact this area sufficiently to do the
Greenbelt? The main difficulty he sees is assigning ad valorem taxes used to
educate children for this purpose. If it is successful then in the long run
they may receive more than they spend. The other question which he has is that
the City Council can do this project if they want to without tax increment
financing. Just assign the dollars to it. He is vitally interested in seeing
a project of this type happen. He would support and lead an effort to have a
bond election to fix up downtown, and make it more presentable. The school
board has done this in the school campuses. They have spent $917,000 on one
school building this year.
Weldon Nix stated that he has a lot of mixed emotions. He stated that it
is the responsibility of the City of Wichita Falls to do it, and the way they
want to raise the money for it is their business. He feels ad valorem taxes
will have to be raised next year. If we had not got rid of some of our tax base
we may not have to raise taxes. He would be in favor of helping in any way
except supporting it financially.
Bud Greer stated that he has trouble when you talk about freezing values.
When you go outside this zone and raise other properties, then he has a
problem there. He mentioned the City' s help on the Burnett Street bridge. He
is not opposed to the City doing it. He needs time to look at values.
Gordon Griffith stated that it is a real good project for the City of
Wichita Falls. He has trouble with freezing taxes in one area. It is hard to
commit the total county to some specific area, which he has no doubt it is
needed, but he has a hard time commiting a percent to it.
Dod Wiley stated that things have changed. The whole county has an interest
in this. The timing seems to be a problem. He would want to cooperate with
the City, but it seems the area that needs it worse in the Greenbelt area has
been cut out. Timing is kind of an impossible thing.
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Judge Bacus asked how many families would be relocated? Stuart Bach did
not know, but stated that it has to comply with the federal relocation act.
Roger McKinney, Director of Planning, stated that a project plan would be
approved by the Board of Directors.
Judge Bacus asked if we would have to build housing? How detailed is the
contract with the different entities? Stuart Bach stated that depends on how
deep they want to go into it right now.
Judge Bacus stated that this is not intended personally, but what is to
prevent some City Council from using the funds from this area to offset or
subsidize the general fund of the City? Stuart Bach stated that the statute
prohibits it. What if they stopped the general fund monies and use only the
money generated from that area? Mayor Cook stated there would be really
nothing to prohibit that. It could be put in the contract.
Judge Bacus stated that we need to establish some priority items for that
area, and he would like to see it be in the contract what the goals are. Judge
Bacus stated that the contract itself is a very important document, and he does
not see how we can arrive at that kind of commitment in two weeks. Greenbelt
improvements are needed. He is concerned that we do it right.
Don Wills stated that the two doctors unable to be here today wanted to
be on record as being opposed to it.
Alderman Hampton stated that he does not think that the City Council has
any business voting the funds of the school and county. He does not know that
we would have enough funds by ourselves. He would request that it be done
timewise and see if we can capture the 1982 tax base, if that is the desire of
the majority of the Council . Call a special meeting, or whatever is necessary.
Mayor Cook stated that they would publicize this, and call a special
meeting. Judge Bacus stated that he appreciated Alderman Hampton's comments.
Mayor Cook noted that a majority of the Council feels this way.
Don Wills again stated that this meeting is unprecendented. This is very
healthy. Let's get together on any other issue which we may need to do.
The joint meeting adjourned at 5:30 P.M.
PASSED AND APPROVED this ( � day of 1983.
Horace 0. Boston, Mayor Pro tem
ATTEST:
Wilma J. Thomas, City Clerk