HomeMy WebLinkAboutIR 9431 INFORMAL EP T TO CITY COUNCIL MEMBERS No. 9431
To the Mayor and Members of the City Council September 13, 2011
pjATft,,
r Page 1 of 2
SUBJECT: Amendments to Ordinances Creating Tax Increment
Reinvestment Zones (TIFs/TIRZs) to Clarify the Number of Votes Necessary
for TIF Boards of Directors to Fuss Business
Background;
There are currently ten (10) active tax increment reinvestment zones (commonly referred to as "TIFs" or
":TIRZs") in the City. Each TIF is governed by a board of directors ("Board"). Board members are
appointed in accordance with provisions of the Texas Tax Code, with the City Council, other taxing units
and, in some cases, state legislators having the authority to make various appointments.
The number of members comprising a Board varies, depending on the process in which the TIF was
designated, the number of taxing units that have jurisdiction in the TIF, and other legal and discretionary
factors. The size of current TIF Boards ranges between nine (9) and fifteen (15) members.
Because the members of these TIF Boards are appointed by a variety of entities and persons, questions
have often arisen as to who has governance over them. In 2005, the attorney General issued an opinion
(Opinion No. GA-0305) answering this question. Pursuant to Section 311.010(d)(1) of the Texas Tax
Code, the entity creating the TIF has the authority to restrict the powers of a TIF Board. On this basis, the
Attorney General reasoned that a TIF Board is a board of the entity that created the TIF.
On the basis of this attorney General opinion, it has been the practice of the City's TIF Boards when
conducting meetings to utilize the City Council's Rules of Procedure in addition to Robert's Rules of Order.
Consistent with Rule 6.6 of the City Council's Rules of Procedure, any action of the City's TIF Boards have
required the affirmative vote of a majority of all members appointed to the Board, not just a majority of
those Board members present at a particular meeting.
In recent years, it has become increasingly difficult to assemble a quorum of members for various TIF
Board meetings. Frequently, meetings have been conducted with only the minimum number of members
necessary for a quorum. Because of conflict-of®interest laws and scheduling challenges, there have been
occasions where a TIF Board was unable to take action on a particular item of business because there
were not enough members in attendance who were able to vote on the item. TIF Boards have had to
table important items of business because of this problem,
Recommendation:
In order to make it easier for TIF Boards to conduct their business, City staff recommends that the City
Council adopt an ordinance amending each ordinance that created a TIF to specify that so long as a
quorum of the TIF Board members is present, the affirmative votes of only a majority of those in
attendance is required in order for the Board to take action on a particular item of business.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9431
To the Mayor and Members of the City Council September 1 , 2011
'p LIt,�
Page 2 of 2
SUBJECT: Amendments to Ordinances Creating Tax Increment
$a Reinvestment Zones (TIFsfTIRZs) to Clarify the Number of Votes Necessary
for TIF Boards of Directors to Fuss Business
Next Steps:
An M&C recommending that the City Council adopt an ordinance as discussed above will be placed on the
next available City Council agenda.
If you have any questions please contact Jay Chapa, Director, Housing and Economic Development
[department, at 817-332-5804.
Torn Higgins
Interim City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS