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HomeMy WebLinkAboutRES 120908-H - Appoint Members TIRZ RESOLUTION NO. IQ 0 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, APPOINTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE RIVERY PARK TAX INCREMENT REINVESTMENT ZONE (TIRZ); AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 11, 2007, the City Council adopted Ordinance No. 2007-91 creating the Rivery Park Tax Increment Reinvestment Zone (TIRZ); and WHEREAS, on October 28, 2008, the City Council adopted Ordinance No. 2008-63 amending Ordinance No. 2007-91 to change the membership provisions of the board of directors; and WHEREAS, Section 3 of Ordinance No. 2007-91 creating the Rivery Park Tax Increment Reinvestment Zone (TIRZ), as amended by Ordinance No. 2008-63, states: Section 3. Board of Directors. That there is hereby created a Board of Directors for the Zone, which shall consist of nine (9) members, as required by Section 311.009(b) of the Texas Tax Code. The City Council of the City of Georgetown shall appoint five (5) members to the Board of Directors and, pursuant to the Tax Increment Financing Agreement dated September 16, 2008 by and between the City of Georgetown and Williamson County, the Commissioners Court of Williamson County shall appoint two (2) members to the Board of Directors. The State Representative and State Senator, or their designees, within whose district the Zone is located are also members of the Board of Directors, however they may choose to allow the Commissioners Court of Williamson County to choose their designees. Five of the initial members of the Board of Directors shall serve two year terms and the remaining four initial members of the Board of Directors shall serve one year terms. The City Council of the City of Georgetown shall determine which positions serve two year terms and which serve one year terms at the time the initial appointments are made to the Board of Directors. All subsequent appointments shall be appointed for two-year terms. The City Council of the City of Georgetown shall designate one of the initial members of the Board of Directors to serve as chair of the Board of Directors for the term beginning on the effective date of the Zone, and ending upon the expiration of the initial term of that member. Thereafter the City Council shall annually nominate and appoint a member to serve as chair for a term of one year beginning January 1 of the following year. The City Council authorizes the Board of Directors to elect from its members a vice chairman and such other officers as the Board of Directors sees fit. Notwithstanding the foregoing, the term of any City Council member, County Judge or County Commissioner serving on the Board of Directors shall automatically expire when their term in said office ends. Resolution No. ` O 10 9 ly Board of Directors for Rivery Park Tax Increment Reinvestment Zone Page I of 3 • 0 Pursuant to Chapter 311.009(e)(2) of the Texas Tax Code, each member of the Board of Directors must be at least 18 years of age and own real property in the zone or be an employee or agent of a person that owns real property in the zone. The Board of Directors of the Zone shall comply with Chapter 551, Texas Government Code (the Open Meetings Act) and Chapter 552, Texas Government Code (regarding public records and information). The Board of Directors shall make recommendations to the City Council concerning the administration of the Zone. The Board of Directors shall prepare or cause to be prepared and adopt a project plan and a reinvestment zone financing plan for the Zone as described in Section 311.011, Texas Tax Code, and shall submit such plans to the City Council for its approval. The City, pursuant to Section 311.010(a) of the Texas Tax Code hereby authorizes the Board of Directors to exercise all of the City's powers necessary to administer, manage or operate the Zone and to prepare the project plan and reinvestment zone financing plan, including the submission of an annual report on the status of the Zone. Notwithstanding the foregoing, the Board of Directors shall not be authorized to issue tax increment bonds or notes, impose taxes or fees, exercise the power of eminent domain or give final approval to the project plan and reinvestment zone financing plan. The Board of Directors of the Zone may not exercise any power granted to the City by Section 311.008 of the Texas Tax Code without additional and prior authorization from the City. WHEREAS, Section 311.009(e)(2) of the Texas Tax . Code states that "To be eligible for appointment to the board by the governing body of the municipality or county that created the zone, an individual must: (A) be qualified voter of the municipality; or (B) be at least 18 years of age and own real property in the zone, whether or not the individual resides in the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. Findings. The City Council finds and declares that the appointment of Directors to the Rivery Park Tax Increment Reinvestment Zone (TIRZ) is not inconsistent with the comprehensive plan. SECTION 2: Appointment of Board of Directors. The following persons are hereby appointed to the Boards of Directors for the following positions and terms commencing on the effective date of this resolution for the Rivery Park Tax Increment Reinvestment Zone (TIRZ): Resolution No. /Z 0,10'e- 9 Board of Directors for Rivery Park Tax Increment Reinvestment Zone Page 2 of 3 0 9 Rivery Park TIRZ Board of Directors Name Position Term Gabe Sansing, Council Member District 2 1 (chair) 2 years Rick Smith, Chair of Economic Development Advisory Board 2 1 year Micki Rundell, Finance Director 3 2 years Randy Morrow, Director of Community Services 4 1 year Dan Clark, Ledgestone Group 5 2 years Celine Duke, Williamson County Representative 6 1 year Valerie Covey, County Commissioner Precinct 3 7 2 years Dan M. Gattis, Representative for Texas House District 20 8 1 year Steve Ogden, Senator for Texas Senate District 5 9 2 years SECTION 3: This Resolution shall be effective upon its adoption. RESOLVED this 9th day of December, 2008. APPROVED: ATTEST: George . Garver Sandra D. Lee Mayor City Secretary APPROVED AS TO FORM: 6 C,( cz Patricia E. Carts City Attorney Resolution No. } z Board of Directors for Rivery Park Tax Increment Reinvestment Zone Page 3 of 3