Resolution 2022-20 RESOLUTION NO. 2022-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS ("CITY"), A (I) THE RESOLUTIONTHE BOARD
OF DIRECTORS THE WYLIE ECONOMIC DEVELOPMENT
CORPORATION ("CORPORATION") REGARDING A LOAN IN THE
AMOUNT $8,18,0 . ; (II) A SALES TAX REMITTANCE
AGREEMENT BETWEEN THE CITY AND THE CORPORATION;
(III) RESOLVING OTHER MATTERS INCIDENT AND RELATEDTO THE
LOAN; A (IV) THE AUTHORITY A EXECUTE,
ON BEHALF OF THE CITY, A GENERAL CERTIFICATE
OF THE CITY AND THE SALES TAX REMITTANCE AGREEMENT.
WHEREAS, The Wylie Economic Development Corporation (the "Corporation") has
been duly created and organized pursuant to the provisions of Chapter 504, Local Government
Code, as amended (formerly Section 4A of the Development Corporation Act of 1979,
Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the "Act") by the City of
Wylie, Texas (the "C "); and
WHEREAS, pursuant to the Act, the Corporation is empowered to borrow money for the
purpose of financing the cost of any "project" defined as such by the Act; and
WHEREAS, the Board of Directors of the Corporation has found and determined that (a)
financing the costs of construction of improvements to City infrastructure including without
limitation the City's road system, water and wastewater systems and gas system (the " ro'ect')
to promote economic development in the City is authorized under the Act and loan proceeds may
be used for such financing pursuant to that certain Loan Agreement, dated as of July 20, 2022,
(as amended, restated, supplemented and/or otherwise modified, the "Loan A r ement") in the
original principal amount of $8,108,000.00 (the "Loan") between the Corporation and
Government Capital Corporation (the "Lender"); and
WHEREAS,the Corporation proposes to enter into a Sales Tax Remittance Agreement,
dated as of July 20, 2022, (as amended, restated, supplemented and/or otherwise modified, the
"Sales Tax Remittance A, ryeonent") with the City; pursuant to, which among other things, the
Corporation will pledge its sales tax revenues to the Lender to secure repayment of the Loan;
WHEREAS, the Act requires the City Council of the City approve the resolution of the
Corporation providing for the execution and delivery of the Loan Agreement.
NOW, THEREFORE, IT RESOLVEDCITY COUNCIL OF THE
CITY OF WYLIE, TEXAS.
Section 1. The Resolution approving the Loan Agreement and authorizing the issuance
of the Series 2022 Note (as defined in the Loan Agreement) authorized by the Corporation (the
"Corporation Resolution") on July 12, 2022, and submitted to the City Council this day, is
hereby approved in all respects. The Series 2022 Note is being issued to finance the cost of the
Project and to pay the Costs of Issuance (as defined in the Loan Agreement).
CITY RESOLUTION(SERIES 2022)
4862-8500-8679,v. 1
Section 2. The approvals herein given are in accordance with the Act, and the Series
2022 Note shall never be construed an indebtedness or pledge of the City, or the State of Texas
(the "State"), within the meaning of any constitutional or statutory provision, and the owner of
the Note shall never be paid in whole or in part out of any funds raised or to be raised by taxation
(other than sales tax proceeds as authorized pursuant to Chapter 504 of the Act) or any other
revenues of the Corporation, the City, or the State, except those revenues assigned and pledged
by the Loan Agreement and the Sales Tax Remittance Agreement.
Section 3. The City hereby agrees to promptly collect and remit to the Corporation the
Economic Development Sales and Use Tax (defined in the Loan Agreement) to provide for the
prompt payment of the Series 2022 Note, and to assist and cooperate with the Corporation in the
enforcement and collection of sales and use taxes imposed on behalf of the Corporation.
Section 4. The Sales Tax Remittance Agreement attached hereto as Exhibit A is
incorporated by reference as a part of this Resolution for all purposes, with respect to the
obligations of the City and Corporation during the time the Series 2022 Note is outstanding, is
hereby reapproved as to form and substance. Furthermore, the Mayor and the City Secretary and
the other officers of the City are hereby authorized,jointly and severally, to execute and deliver
such endorsements, instruments, certificates, documents, or papers necessary and advisable to
carry out the intent and purposes of this Resolution.
Section 5. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A. Government Code, Chapter 551, as amended.
Section 7. This Resolution shall be in force and effect from and after its passage on the
date shown below.
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4862-8500-8679,v.1 CITY RESOLUTION(SERIES 2022)
ADOPTED,PASSED AND this 12''day of July, 2022.
CITY OF WYLIE,TEXAS
Y:'
r
atther Porter,Mayor
ATTEST: , rr°` r
By.
Stephanie�Stornm�n, Cityy Secretary
t
41,
CITY RESOLUTION( ERms 2022)
4862-8500-8679,v. 1
EXHIBIT A
Sales Tax Remittance Agreement
4862-8500-8679,V. i CITY RESOLUTION(SERIES 2022)
SALES TAX REMITTANCE AGREEMENT
SERIES 2022 NOTE
This SALES TAX REMITTANCEAGREEMENT (as amended, restated,
supplemented and/or otherwise modified, this " rieemenr ") is made to be effective as of July 20,
2022, by and between the CITY OF WYLIE, TEXAS, a duly incorporated and existing home
rule city operating and existing under the laws of the State of Texas (the "C ") and the WYLIE
ECONOMIC DEVELOPMENT CORPORATION, a nonprofit development corporation
organized and existing under the laws of the State of Texas, including Chapters 501, 502 and
504, Local Government Code, as amended (formally Section 4A of the Development
Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended)
(the "Cta rtr"crr").
RECITALS
WHEREAS,the Corporation on behalf of the City is to finance improvements to the City
infrastructure including without limitation the City's Road System, water and wastewater
systems and gas lines, as permitted under the Act(the " 'rp" "); and
AS, such financing contemplates the issuance of the Corporation's promissory
note in a principal amount of$8,108,000.00 (the "Series ies_2022 Note"), and the proceeds are to be
used by the Corporation to finance the costs of the Project and pay the costs of issuance of the
Series 2022 Note.
AGREEMENT
1. Financing. For and in consideration of the City's covenants and agreements herein
contained and subject to the terms contained herein, the Corporation hereby agrees to enter into a
Loan Agreement dated of even date herewith (as same may be amended, restated, supplemented
and/or otherwise modified, the "Loan reerrrent"), with Government Capital Corporation (the
"Lender"), and to execute the Series 2022 Note, and the Corporation hereby agrees and
covenants that all proceeds of the loan evidenced by the Note shall be used solely to pay the
costs of financing the costs of the Project and to pay all costs related thereto.
2. Receipt and Transfer of Proceeds of,dales Tar. The City agrees, in cooperation
with the Corporation, to take such actions as are required to cause the "Sales Tres " received from
the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to
be deposited immediately upon receipt by the City to the credit of the Corporation.
3. Modifications. This Agreement shall not be changed orally, and no executory
agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in
part unless such executory agreement is in writing and is signed by the parties against whom
enforcement of any waiver, change, modification or discharge is sought and approved in writing
by the Lender.
4. Entire Agreement. This Agreement contains the entire agreement between the
parties pertaining to the subject matter hereof and fully supersedes all prior agreements and
understandings between the parties pertaining to such subject matter.
SALEs TAx REmITTANCE(2022 NOTE)
4892-4756-3559,va 1
5. Counterparts. This Agreement may be executed in several counterparts, and all
such executed counterparts shall constitute the same agreement. It shall be necessary to account
for only one such counterpart in proving this Agreement.
6. Sverabili If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall
nonetheless remain in full force and effect.
7. ARplicable Law. This Agreement shall in all respects be governed by, and construed
in accordance with, the substantive federal laws of the United States and the laws of the State of
Texas.
8. Ca tions. The section headings appearing in this Agreement are for convenience of
reference only and are not intended, to any extent and for any purpose, to limit or define the text
of any section or any subsection hereof.
9. Capitalized Terms. All capitalized terms not otherwise defined herein shall have
the meanings ascribed to such terms in the Loan Agreement.
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4892-4756-3559,v, 1 2 SALES TAX REMITTANCE(2 22 NOTE)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date and year first above written.
WYLIE ECONOMIC DEVELOPMENT
CORPORATION
Demond Dawkins, President
ATTEST:
Tim Gilchrist, Treasurer
Wylie EDC -2022 Sales Tax Note-Sales Tax Remittance Agreement-1 3
SALEs TAX REMITTANCE(2022 NOTE)
CITY OF WYLIE,TEXAS
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
Wylie EC -2022 Sales Tax Note-Sales Tax Remittance Agreement-1 4
SALEs TAX REMITTANCE(2022 NOTE)