ORD 2011-28 - TIRZ - Section Three Amends Ord. 2004-16 04-05-2011ORDINANCE NO. 2011-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
ORDINANCE NO. 2004.16, WHICH IS AN ORDINANCE DESIGNATING A CONTIGUOUS
GEOGRAPHIC AREA WITHIN THE CITY OF HUNTSVILLE AS TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, CITY OF HUNTSVILLE, TEXAS BY REPLACING BY
REPLACING SECTION 3 WITH A NEW SECTION 3 AND MAKING OTHER FINDINGS AND
PROVISIONS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council previously adopted Ordinance No. 2004 -16 creating Tax Increment
Reinvestment Zone Number 1 ( "Zone") in Huntsville, Texas and designating the number of
directors for the Board of Directors ( "Board ") for the Zone and the duties of the Board; and
WHEREAS, the City Council finds that Section 3 of Ordinance 2004 -16 concerning the
composition of the Board should be amended to reflect current status of the Zone and this
purpose can be accomplished by replacing Section 3 with a new Section 3; and
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and public
activities and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1; The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Ordinance No. 2004 -16 is amended by replacing Section 3 with a new Section 3
as provided below:
"Section 3. Board of Directors
That there is hereby created a Board of Directors for the Zone, which shall consist of seven (7)
members. Positions One through Four on the Board of Directors shall be reserved for the City. Positions
Five through Seven shall be reserved for Walker County. The Superintendent of the Huntsville Independent
School District will serve as an Ex- Officio member of the Board of Directors but shall have no voting rights.
Any taxing unit that appoints a director shall be assigned a Board position number in the order the
City receives the appointment. If more than two taxing units levying taxes within the Zone appoint a
director the number of Directors on the Board of Directors shall he increased by one for each taxing unit
above two appoints a director to the board: provided. if more than four taxing units levying taxes within
the Zone appoint a director, the number of directors on the Board of Directors shall be increased by two
for each taxing unit above four that appoints a director to the board, provided, further, that the maximum
number of directors shall not exceed fifteen (15). The City shall be entitled to appoint a person to one
position of each of the two positions created as a result of more than four taxing units appointing
directors, which position shall be filled as provided below.
The Mayor shall place for nomination subject to the confirmation and approval of the City Council,
the directors to Positions One through Four of the Board of Directors and any City position created by the
appointment of a director by the increase of more than four taxing units levying taxes within the Zone.
All directors appointed shall be appointed to two year terms. As of the effective date of this
ordinance all odd - numbered positions shall expire on December 31, 2011 and all even- numbered
positions shall expire on December 31, 2012.
The Chair of the Board of Directors as of the effective date of this Ordinance shall remain Chair
until December 31, 2011. Thereafter, the City Council shall annually nominate and appoint, subject to
City Council approval, a member to serve as chair for a term of one year beginning on 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.
The Board of Directors make recommendations to the City Council concerning the administration
of the Zone. The Board of Directors shall prepare or cause to he 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 hereby delegates to the Board of
Directors all powers necessary to prepare and implement the project plan and reinvestment zone
financing plan, subject to approval by the City Council, including the power to employ any consultants or
enter into any reimbursement agreements payable solely from the Tax Increment Fund established
pursuant to Section 7 of this Ordinance, subject to the approval of the City Council, that may be
reasonably necessary or convenient to assist the Board of Directors in the preparation of the project plan
and reinvestment zone financing plan and in the issuance of tax increment obligations."
SEC_ TION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other
ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full
force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
SECTION 5: This Ordinance shall take effect immediately from and after the date of its
passage in accordance with Article 4.15 of the City Charter. The City Secretary shall attach this
Ordinance to Ordinance 2004 -16.
First Reading Date: March 15, 2011
PASSED AND APPROVED on the Second Reading on this the 5th day of April 2011.
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FORM:
City Attorney