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HomeMy WebLinkAboutTIF2 1999-11-01 AgendasREINVESTMENT ZONE NUMBER 2, CITY OF NORTH RICHLAND HILLS BOARD OF DIRECTORS MEETING MONDAY, NOVEMBER 1, 1999 CITY HALL PRE-COUNCIL ROOM 2 p.m. AGENDA 1. Call to Order & Introductions 2. Consider Adoption of Board Bylaws 3. Consider Approval of the Preliminary Project Plan for Recommendation to the North Richland Hills City Council 4. Consider Approval of the Preliminary Financing Plan for Recommendation to the North Richland Hills City Council Adjourn POSTED to ~9 Date Tir.:e ,City S r ary ?~_ r ,. BYLAWS OF REINVESTMENT ZONE NUMBER TWO CITY OF NORTH RICHLAND HILLS, TEXAS (TAX INCREMENT REINVESTMENT ZONE) ARTICLE 1 PURPOSE AND POWERS . Section 1. Development or Redevelopment in the Zone. In order to promote the development and redevelopment of a certain area within its jurisdiction, the City Of North Richland Hills, Texas (the "City") has authorized the creation of Reinvestment Zone Number Two, City Of North Richland Hills, Texas, (the "Zone") following formal notification and presentation of the preliminary financial and project plans to the governing bodies of the other local taxing entities, as authorized by the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as amended (the "Act"). Pursuant to the Act, the City has likewise established a Board of Directors ("Board") for the Zone. Section 2. Powers. The property and affairs of the Zone shall be managed and controlled by the City Council based on the recommendations of the Board, subject to the restrictions imposed by law, the ordinance creating the Zone, and these Bylaws. It is the intention of the City Council that the Board shall function in an advisory capacity with respect to the Zone and shall exercise only those powers that are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. ARTICLE II BOARD OF DIRECTORS Section 1. Powers Number and Term of Office As set forth in the ordinance creating the Zone, the Board shall consist of nine directors; six of whom shall be appointed by the City Council of the City; one of whom shall be appointed by the governing body of Tarrant County, Texas ("County"); one appointed by the Tarrant County Junior College District "TCJC"); nd one appointed by the Tarrant County Hospital District ("TCHD"); provided, however, that if a taxing unit (other than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly appointed by the governing body of such taxing unit, the City may appoint such Board member in its stead. Each initial Board member shall serve two-year terms, as stipulated in the Act, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, County, CJC nd TCHD and shall serve two year terms until their successors are appointed by the respective governing bodies. In the event of a vacancy caused by the resignation, death or removal, for any reason, of a director, the governing body of the respective taxing unit (i.e. i' ~ '~:. City, County,;l`TCJC,,.and TCHD) which made such Board appointment shall be l~ responsible for~flling the vacancy. 2 Section 2. Meetings of Directors. The directors may hold their meetings within a building accessible to the public in the City as the Board may from time to time determine. Section 3. Regular Meetings. Regular Meetings of the Board shall be held at such times and the Board shall designate places as from time to time. Notice of all regular and emergency meetings of the Board and any committees thereof shall be conducted and posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Annotated Civil Statutes, as amended. There shall be at least one Regular Meeting held each year in the month of November. Section 4. Emergency Meetings. Emergency Meetings of the Board shall be held whenever called by the Chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Council or Zone ., ~_ _.~ t Manager ` ~ ~,a ~ --, r. ~ ° . t~ __ ~„~ ~ ~ $ ~ ~-~_ ~..~._~ ,, r Y~.~' ~ ,,~ . ~;~ ";~ ~ ~ ,~~ .~r r ;..~~ ~ _, .. a ~;-.. ~- _. ~~ The secretary shall give notice to each director of each Emergency Meeting in person, or by courier, facsimile, telephone, telegraph, or electronic mail, at least 24 hours before the meeting. Notice of all Emergency Meetings shall state the purpose, which shall be the only business conducted. 3 Section 5. uorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of the majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board, unless a greater number is required by law. Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the Chairman shall preside and in the absence of the Chairman, the Vice-Chairman shall exercise the power of the Chairman. The Secretary of the Board shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. City staff shall provide notice of meetings and prepare meeting agendas. Within five business days following each Regular and Emergency meeting, a copy of the minutes of the meeting shall be submitted to the City Secretary of the City. 4 Section 7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8. Attendees. Board Members shall make every effort to attend all Regular and Emergency Meetings of the Board and/or any Committees. The City Council may replace a City appointee of the Board or request replacement of an appointee from other taxing jurisdictions for non-attendance. Section 9. Books and Records: Approval of Proarams and Financial Statements. The Board shall keep, correct and complete books and records of accounts, and shall also keep minutes of its proceedings and the proceedings of any committees having any of the authority of the Board. Any director or his agent or attorney may inspect all books and records of the Zone for any proper purpose at any reasonable time; and at all times the City Council and the City Auditor will have access to the books and records of the Zone. The City council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. 5 ACT III OFFICERS Section 1. Titles and Terms of Office. The officers of the Zone shall consist of aChairman, aVice-Chairman, a Secretary, and such other officers as the Board of Directors may from time to time elect or appoint; provided, however, that the City Council shall, on an annual basis, appoint the chairman in accordance with the Act. One person may hold more than one office, except that the Chairman shall not hold the office of Secretary. Terms of office for officers, other than the Chairman, shall not exceed two years. All officers, other than the Chairman, shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board. A vacancy in the office of any officer, other than the Chairman, shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the Chairman. The Chairman shall serve as the Chairman of the Board and shall preside at all meetings of the Board. 6 Section 3. Vice-Chairman. The Vice-Chairman shall be a member of the Board, shall have such powers and duties as may be assigned to him by the Board, shall exercise those powers and duties, and shall exercise the powers of the Chairman during that officer's absence or inability to act. Any action taken by the Vice-Chairman in the performance of the duties of the Chairman shall be conclusive evidence of the absence or inability to action of the Chairman at the time such action was taken. Section 4. Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for the purpose, he/she shall have charge of such books, records, documents and instruments as the Board may direct, all of which shall at all reasonable time be open to inspection, and he/she shall in general perform all duties incident to the office of Secretary subject to the control of the City Council and the Board. Section 5. Zone Manaaer. The Zone Manager shall be the City Manager, and shall serve as the chief operating officer of the Board, subject to the paramount authority of the Board and the approval of the City Council. HelShe shall be in general charge of the properties and affairs of the Zone, shall execute all service contracts, conveyances, franchises, bonds, deeds, assignments, notes and other instruments in the name of the Zone and subject to the Rules and Procedures of the City. The Zone manager shall also oversee all additional staff functions. 7 Section 6. Staff. The Zone Manager and his/her designee(s) shall perform additional staff functions for the Board. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV PROVISIONS REGARDING BYLAWS Section 1. Effective Date. These Bylaws shall become effective upon adoption by the Board and approval by the City Council. Section 2. Amendments to Bylaws. These Bylaws may be amended by majority vote of the Board, provided that the Board files a written application to the City Council requesting approval of such amendment, specifying in such application the amendment or amendments proposed. If the City Council, by appropriate resolution, finds and approves the form of the proposed amendment(s), the Board shall proceed to amend the Bylaws. 8 After consultation with the Board, the Bylaws may also be amended at any time by the City Council by adopting an amendment to the Bylaws by resolution of the City Council and delivering the Bylaws to the Secretary of the Board. _ Section 3. Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall be liberally construed to the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS Section 1. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under the provision of these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled hereto at his/her post office box as it appears on the books of the Zone. Such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except 9 where a director attends a meeting for the express purposes of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing signed by the person or persons entitled to said notice, whether before or after the time stated herein, shall be deemed equivalent to the giving of such notice. Section 2. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if at no time specified, at the time of its receipt by the City Council. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 3. Approval or Delegation of Power by the City Council To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such approval, delegation, advice and/or consent shall be evidenced by official action of the City Council, through a certified copy of a resolution, order or motion. 10