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HomeMy WebLinkAboutItem 16 - TIRZ TwoMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JANUARY 16, 2024 SUBJECT: ORDINANCE AMENDING THE COMPOSITION AND POWERS OF THE TAX INCREMENT FINANCING REINVESEMENT ZONE NUMBER TWO BOARD OF DIRECTORS RECOMMENDATION: City Council to consider approval of an ordinance to amend the composition and powers of the Board of Directors for Tax Increment Financing Reinvestment Zone Number Two and take any necessary action. FUNDING SOURCE: This item has no fiscal impact. BACKGROUND: The Tax Increment Financing Reinvestment Zone Number Two was established in 1998. The Board of Directors consists of five City Council members and one member from each taxing entity (Tarrant County, Tarrant Community College, Tarrant County Hospital District, and Grapevine-Colleyville Independent School District). Upon approval, this item will amend the composition of the Board of Directors to include five City Council members and one member from each participating taxing entity whereas previously, each entity held a seat regardless of participation in the TIF. On June 6, 2023 Mayor Tate appointed City Council members to the TIF Two Board which will remain unchanged. The City of Grapevine and Grapevine-Colleyville Independent School District are the only contributing taxing entities to TIF Two. GCISD will select their proposed appointee who will then need to be confirmed by the City Council. ORDINANCE NO. 2024-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO.98-140 CONCERNING TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO, CITY OF GRAPEVINE, TEXAS, ESTABLISHED PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, AMENDING THE COMPOSITION AND POWERS OF THE BOARD OF DIRECTORS FOR THE ZONE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 8, 1998, the City Council of the City of Grapevine, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 98-140 designating a contiguous geographic area within the City as Reinvestment Zone Number Two, City of Grapevine, Texas (the "Zone") and established a Board of Directors for the Zone (the "Board of Directors") to promote development or redevelopment in the Zone; and WHEREAS, the City Council of the City of Grapevine, Texas, now desires to amend Reinvestment Zone Number Two, City of Grapevine, Texas, to amend the composition and powers of the Board of Directors; and WHEREAS, all constitutional and statutory prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. BOARD OF DIRECTORS. The Board shall consist of five (5) members comprised of four (4) City Council members and the Mayor. The Mayor shall serve as chairman of the Board and the Board may elect a vice chairman and such other officers as the Board sees fit. Additionally, each taxing unit that levies taxes within the Zone and chooses to contribute all or part of the tax increment produced by the unit into the tax increment fund may appoint one member of the board. The number of directors on the Board of Directors shall be increased by one for each taxing unit that appoints a director to the board; provided, that the maximum number of directors shall not exceed fifteen (15). Members of the board are appointed for terms of two years unless longer terms are provided under Article XI, Section 11, of the Texas Constitution. A vacancy on the board is filled for the unexpired term by appointment of the governing body of the taxing unit that appointed the director who served in the vacant position. The Board shall make recommendations to the City Council concerning the administration, management, and operation of the Zone. The Board shall perform all duties imposed upon it by Chapter 311 of the Texas Tax Code and all other applicable laws. The Board of Directors shall have all powers as provided under Chapter 311 of the Texas Tax Code, including the powers of a municipality under Chapter 380, Texas Local Government Code as provided in Section 311.010(h)." Notwithstanding anything to the contrary herein, the Board shall not be authorized to (i) issues bonds; (ii) impose taxes or fees; (iii) exercise the power of eminent domain, or (iv) give final approval to the Zone's project plan and financing plan. Section 3. DURATION OF THE ZONE. That the term of the Zone prior to the adoption of this Ordinance shall remain unchanged. The termination of the Zone shall occur upon any of the following- (i) on December 31, 2030 (with the final year's tax increment to be collected by September 1, 2031); (ii) at an earlier time designated by subsequent ordinance; (iii) at such time, subsequent to the issuance of tax increment bonds, if any, that all project costs, tax increment bonds, notes and other obligations of the Zone, and the interest thereon, have been paid in full, in accordance with Section 311.017 of the Act. Section 4. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 5. It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by Chapter 551 of the Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally Ordinance No. 2024-003 2 acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas, this the 16th day of January, 2024. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2024-003 3