|
A Section 4B sales and use tax may be used to undertake projects as described in Section 4B of Article 5190.6, including but not limited to projects for the promotion of professional and amateur athletics and sports including stadiums, ball parks, auditoriums, projects related to entertainment, convention, tourist, and exhibition facilities, amphitheaters, concert halls, and public parks, park facilities and events, open space improvements, learning centers, municipal buildings, museums and related stores, restaurant, concession, and automobile parking facilities, and related roads, streets, and water and sewer facilities, recycling facilities and projects to promote new or expanded business enterprises including public safety facilities, streets, and roads, drainage, and related improvements, demolition of existing structures, and general improvements that are municipally owned, development and expansion of affordable housing, as well as any other improvements or facilities that are related to any of the above projects and any other project that the board determines will promote new or expanded business enterprises, and the maintenance and operations expenses for any of the above described projects. The 4B sales tax revenues are managed by the Stockdale Economic Development Corporation, a 501(c3) non-profit organization. Questions regarding the sales tax should be directed to the SEDC or city hall. The general powers and duties of a 4B Development Corporation are: 1) Power to Expend Tax Proceeds. The Development Corporation has the power to expend the proceeds of the economic development sales tax for purposes authorized by the Development Corporation Act. All such expenditures must be made pursuant to a majority vote of the governing body of the board and pursuant to oversight by the city. 2) Powers of a Nonprofit Corporation. The corporation shall have and exercise all powers and rights of a nonprofit corporation under the Texas Nonprofit Corporation Act. 3) Financial Transaction Powers. The corporation shall have the power to sell, lease, make secured and unsecured loans, and to sue and be sued. 4) Status as a Nonstock Corporation. The corporation is a nonprofit, nonmember, nonstock corporation. 5) Exemption from Federal, State and Local Taxation. Generally, projects owned by the Section 4B corporation are exempt from local property taxation. 6) Application of Open Meetings and Open Records Act. The corporation and its board of directors are subject to the Open Meetings Act and the Open Records Act. 7) Limited Eminent Domain Power. The city council must approve the corporation's exercise of eminent domain power. 8) Limited Tort Liability Protection. The corporation is considered a governmental entity for purposes of the Texas Tort Claims Act. 9) Ability to Own or Operate Projects. Generally, the corporation does not have the power to own or operate any project as a business entity other than as a lessor, seller, or lender. 10) Prohibition against City Providing Anything of Value to the Development Corporation. The Development Corporation Act specifically prohibits a city from lending credit or granting any public money or thing of value to an economic development corporation. The city may, however, provide liability and other insurance coverage to corporation officers.
|