19-635S:\Legal\Our Documents\Ordinances\19\By1aws Ordinance Westpark TIRZ.doc
ORDINANCE NO. 19-635
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE TAX
INCREMENT REINVESTMENT ZONE NUMBER TWO (WESTPARK TIRZ) BYLAWS;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on the 171h day of December, 2012, the City Council of Denton, Texas (the
"City") established Tax Increment Finance Zone Number Two (Westpark TIRZ) (the "Zone") as
authorized by Chapter 311 of the Texas Code (the "Act"); and
WHEREAS, as authorized by section 311.010 of the Act, on February 13th, 2019, the
board of directors of the Zone voted to approve the Zone Bylaws, which are attached hereto as
Exhibit "A" and recommended the Bylaws be approved by the City Council; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ECTION l.m
The City Council of the City of Denton, hereby approves the Tax
Increment Reinvestment Zone Number Two (Westpark TIRZ) Bylaws, which are attached and
made a part by reference herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The ololltIo� �a�ov^ this f1I'd1P1IlI��d was made
ordinance
1.k y n m and seconded
y ..... . t �' ° �'� �tf ' .. —was t t 1,1It approved rOVed by the
icl It�r illr t�tc
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1: :1/
...............................
Keely G. Briggs, District 2: GAF
Don Duff, District 3: 1,/
John Ryan, District 4: °
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:°°
I S:\Legal\OurDocuments\Ordinances\19\Bylaws Ordinance WestparkTIRZ.doc
PASSED and APPROVED this the
ILL.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:,
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
day of 10
..... ...................................
BY: . ......
e(��,
. ........ .
a
City of Denton
Tax Increment Reinvestment Zone No. 2 (Westpark TIRZ)
BYLAWS
Sectionorder 1 implement
` purposes for` , ,Increment Reinvestment Zone No. Two, City of Denton,
Texas (the "Zone") was 1 1 as set forthOrdinance
I 1 :1 dated "d December 18
2012, creating the Zone, the City of Denton, Texas (the "City") may issue obligations to finance
all or part1 of implementing "projectZone as defined in the Tax
Increment Financing Act of the Tax Code, ChapterVernon'sTexas Codes Annotated
1
Section 2. Books and Records: Approval
►i ! . ! . 1 ... f, 1 1 . 1 1 ! w ! records of account 1. shall also
yUr
the Board of Directors.books andrecords of the Zone may 1. inspected by director or his
agent or attorney for any proper purpose at any reasonable time; and at all times the City Council
1 the City Auditor. 1 the books and recordsof the Zone. The City Council
must approve all 1.. expenditures for the1 and annually - ..... any . ......,.
statements of the Zone.
► fflirw
SectionPowers.
of Office.property and affairs of the Zone
be managed and controlled by 1 based on the recommendationsof the Board 1
Directorsof the Zone("Board of Directors"1 "Board"), subject to the restrictions imposed by
law, the ordinance cr` . 1 and these Bylaws. 1 of the City Councilthat
the Board of Directors shall function only in an advisory or study capacity with respect to the Zone
1 shall exercise only those powers, advisory 1 are either granted to the Board
pursuant to the Act or delegated to the Board by the City Council. The Board will comply with
the policies and pas outlined in the City of Dentonr 1 111 1; Boards, 1 1
and Council Committees, including, but not limited to, matters regarding ethics conflicts of
interest, and the Open Meetings Act.
All membersof the board " eligibility requirements1 R 1 r I
membership ! of the following:
members1. The of the EconomicDevelopment Partnership Board,
M, .rr:
r k
�I i' r i" .1111 `1 1 �• i1 r i�
The terms of the boardmembers shall be two-year terms; the membersappointed by 1
concurrentwill serve terms their- board I. may serve 1 morethan three
consecutive. The board shall elect from its membersr chairman,and other
officers as it sees
A director may 1. removed 1 office1 the City Council1, cause deemed by the City
Council`nt for theirremoval. interest of public, but only after a public.a g
1.
In the event ot r vacancy r 1 by the resignation,death,or removal1 any `r 1 of r director,
the governing body of the respectives unit which .1.^ such Board appointment shall is
responsible 1 ♦ the vacancy.
Section 3. Regular and Special Meetings of the Board of
Directors shall be held at such times and places as shall be designated, from time to time, by the
Board of Directors... of the Board r be of ri public . unless pertaining
matters authorized to be discussed in closed session in accordance with Chapter 551, Texas
Government Code. Notice 1; all regular and 1 of the Board and any committees
thereof. be posted in accordance
shallThere be at leastone Regular * held each `ri
�.nler lc�ncM�� Emergency Meetings of the Board of Directors shall be
held whenever called by the chair, by the secretary, by a majority of the directors then in office or
upon advice of or requestby the City Council.. secretary shall. notice1' each director 1
Emergencyeach Meeting.Noticeof all Emergency Meetingsshall.the purpose, r be the only business 1 i1 `1 and shall be subject1 the requirements of State
Quorum.Section 5. 1 of the directors h1 1 s current appointmentsconstitute
r quorum 1 .,. consideration of matters pertaining 1' the purposes of the Zone.act of.:
constitutemajority of the directors present at a meeting at which a quorum is in attendance shall
the act of the i1.i1 of Directors,act of a greater1 by
Section1. Conduct of Business. At the meetings of the Board of Directors,. pertaining
1 the purposesof the Zonebe considered order as from. 1 time the Board 1+
Directors may . .
At all meetingsof the Board of Directors,.lpreside and in the absence of the chair,
shallthe vice chair . power of the chair.
The secretary of Board of Directorsact as secretary of all meetingsof i!r of
Directors, but absence secretary, presiding officer may appoint any - !
as secretary of the meeting. City staff shall provide notice of meetings and prepare meeting
?gendas.
Within five days following each R.y r Specialand . g. meeting, . copy of the minutes
of the meeting shall be submitted to the City Secretary of the City.
Section
I 1 frs. Directors as 1receive+ salary 1,
expensescompensation for their services, except that they shall be reimbursed for their actual reasonable
incurred in the performance of duties 1,,
Section w
. Attendance. Board members shall make every effort to attend all Regular, Special
gind Emergency meetings of the Board and/or Committees. The City Council may replace a City
?.ppointee of the Board for Ii + . at 1
appoint; 1 Board of Directors sh. 1, an annual basis,appoint th. chair
whose term of office shall end on Septemberof each r person r hold more than
1 office, except . chairnot 1 1 the office of secretary. Terms of office forofficers,
other than1 ! years.
officers,All other than the chair, shall be subject 1 removal fromoffice,or ! cause, at
r time 1 a vote1. majority of the entireBoard of Directors.
vacancy in the office of any officer, other than the chair, shall be filled by a vote of a majority
of the directors.
Section 2. Powers and Duties of the Chair. The chair shall be the chief executive officer of
the Board of Directors and, subject to the approval of the City Council, he/she shall be in general
charge of the properties and affairs ,! the ♦ ` and shall preside at allmeetingsoftheBoard 1
Directors.
Section 3. Vice Chair. The ., chair. 1` rmember of `Board of Directors, r have
powers of the chair during that officer's absence or inability to act. Any action taken by the vice
chair in the performance of the duties of the chair shall be conclusive evidence of the absence or
inability !. act of at action was
Section 4. Sccrelat:yy. The secretary shall keep the minutes of all meetings of the Board of
Directors in books provided for the purpose, he/she shall have charge of such books, records,
documents and instruments as the
times 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 of Directors. The function of
Secretary may be performed by City Staff.
Section 5. Compensation. Officers as such shall not receive any salary or compensation for
`-Y-4 f4ir toir ??.l
the performance of their duties hereunder.
Section 6. Staff. Staff functions for the Board of Directors may be performed by the City
Manager or his designees.
Section 1. Effective Date. These Bylaws shall become effective only upon the occurrence of
the following events:
��ffg?j n4gly'"
rVA�WW1rArATrGM. MEOW M,
Section 2. Aniendincrits Lo_t_y The Board of Directors shall make a written application
requesting that the City Council approve amendments to the Bylaws, specifying in such
application, the amendments proposed to be made. The City Council may adopt amendments to
the Bylaws by ordinance if it is advisable that the proposed amendment be made.
After consultation with the Board of Directors, the Bylaws may also be amended at any time by
the City Council by adopting an amendment to the Bylaws by ordinance of the City Council and
delivering the Bylaws to the secretary of the Board of Directors.
Section 3. hiterpretatiof R� These Bylaws and all the terms and provisions hereof
shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause,
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 n1t be affected thereby.
G
Section 1. Notice and Waiver of Notice. Unless otherwise required by State Law, 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 thereto at his post office address, as it appears on the
books of the Zone, and 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
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 therein, shall be deemed equivalent to the giving of such notice.
Section 2. l wsi nations. 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 no time be
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 Citv Council. To the extent that these
Bylaws refer to any approval by the City, such approval of delegation shall be evidenced by a
certified copy of an ordinance, or resolution (if permissible), duly adopted by the City Council.
Approved by the Wescpm 'FIRZ No. 2 llc4 rd of l)ircctors on Lire �2. clay of ��,�. 20 M
Approved by the Denton City Council on the mm1,11 day of 2019.
BYLAW, S
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