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HomeMy WebLinkAboutResolution 4040-10-2011A Resolution NO. 4040 -10 -2011 APPOINTING CERTAIN MEMBERS TO THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER THREE, CITY OF FORT WORTH, TEXAS; ACKNOWLEDGING THE APPOINTMENT OF THE OTHER CURRENT MEMBERS OF THE BOARD; AND APPOINTING A CHAIRPERSON FOR THE BOARD (DOWNTOWN TIF) WHEREAS, the City Council of the City of Fort Worth (the "City Council ") previously adopted Ordinance No. 12324 creating Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (the "Reinvestment Zone "), which was designated under Section 311.005(a)(4) of the Texas Tax Code; and WHEREAS, Ordinance No. 12324 provides that the Reinvestment Zone is to be overseen by a nine (9)— member Board of Directors (the "Board "), of which one (1) member is the State Senator whose district lies within the Reinvestment Zone or a designee; one (1) member is the State Representative whose district lies within the Reinvestment Zone or a designee; each county and school district with jurisdiction in the Reinvestment Zone that has elected to contribute tax increment to the Reinvestment Zone has the right to appoint one (1) member apiece; and the City Council has the right to appoint all remaining members; and WHEREAS, House Bill 2853, which was passed by the 82nd Texas Legislature and took effect on June 17, 2011, amended Section 311.009 of the Texas Tax Code regarding the appointment of members to the Boards of tax increment reinvestment zones and preempts any conflicting provision of Ordinance No. 12324; and WHEREAS, pursuant to Section 311.009(b) of the Texas Tax Code, as amended by House Bill 2853, all taxing units other than the City that have elected to contribute tax increment to the Reinvestment Zone, and not just each participating county and school district, now have the right to appoint one (1) member apiece to the Board; and WHEREAS, pursuant to Section 311.009(b) of the Texas Tax Code, as amended by House Bill 2853, the size of the Board remains at nine (9) members, meaning that for each taxing unit that has now gained the right to appoint a Board member, the City Council will lose the right to make an appointment; and WHEREAS, pursuant to Resolution No. 3837 -01 -2010, five (5) members of the current Board were appointed by the City Council, all with terms expiring December 31, 2011; and ORT WORT A Resolution No. 4040 -10 -2011 WHEREAS, pursuant to the provisions of House Bill 2853, and taking into account appointments to the Board that have been made by the taxing units who have exercised their rights to appoint a member, only two (2) of the City Council- appointed Board members may continue to serve; and WHEREAS, the City Council has the right, at any time and for any reason, to appoint an individual to the Board to replace any current member appointed by the City Council for the remainder of the person's term; and WHEREAS, Section 311.009(c) of the Texas Tax Code provides that Board member terms shall be for two (2) calendar years, unless otherwise staggered; and WHEREAS, the terms of the remaining Board members appointed by the City Council will expire on December 31, 2011, and the City Council wishes at this time to make appointments to those places for terms beginning January 1, 2012; and WHEREAS, Section 311.009(f) of the Texas Tax Code provides that the City Council must appoint one (1) member of the Board to serve as the Board's chairperson for a term of one (1) year beginning January 1 of the year: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council hereby appoints the person listed below to the Board for a term beginning on the date of adoption of this Resolution and expiring as indicated below: NAME EXPIRATION OF TERM Zim Zimmerman December 31, 2011 2. The City Council hereby resolves that the person listed below shall continue to serve on the Board for the remainder of his term: NAME EXPIRATION OF TERM Joel Burns December 31, 2011 On account of House Bill 2853, all other individuals appointed to the Board by the City Council pursuant to Resolution No. 3837 -01 -2010 are ineligible to continue service on the Board. ORT WURT T Resolution No. 4040 -10 -2011 3. The City Council hereby acknowledges that the following persons have been appointed to the Board by the following entities for terms expiring on the dates indicated below: NAME Carlos Vasquez Roy Brooks Mark McClendon Scott Rule Linda Christie Lon Burnam Charles Boswell APPOINTING ENTITY Fort Worth ISD Tarrant County Tarrant County College District Tarrant County Hospital District Tarrant Regional Water District State Representative State Senator EXPIRATION OF TERM December 31, 2012 December 31, 2012 December 31, 2011 December 31, 2011 December 31, 2011 December 31, 2012 December 31, 2011 4. The City Council hereby appoints Zim Zimmerman as the Board's chairperson for the remainder of calendar year 2011. 5. The City Council hereby appoints the persons listed below to the Board for terms beginning on January 1, 2012 and expiring as indicated below: NAME Zim Zimmerman Joel Burns I AND IT IS SO RESOLVED. ADOPTED this 25th day of October 2011. ATTEST: Marty Hendrix, City Secretary EXPIRATION OF TERM December 31, 2013 December 31, 2013 ORT WORT lk1 APPROVED CITY COUNCIL OCT 2 5 2011 btretary of the t Worth, Texas