22-1672FILE REFERENCE FORM 1 22-1672 F
Additional File Exists
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FILE(S)
2017-203
2016-249
2015-074
2014-009
2011-042
2003-258
Date
8-24-
2022
8-24-
2022
8-24-
2022
8-24-
2022
8-24-
2022
8-24-
2022
Initials
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ORDINANCE NO. 22-1672'
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IX OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON RELATING TO THE CREATION,APPOINTMENTS, AND DUTIES OF THE ECONOMIC DEVELOPMENT PARTNERSHIP
BOARD TO AMEND THE QUALIFICATIONS AND LIMITATIONS OF BOARD MEMBERS,
AND REPEALING ORDINANCE NO. 2003-258 AND SUBSEQUENT AMENDMENTS OFORDINANCE NO. 2011-042, ORDINANCE NO. 2014-009, ORDINANCE NO. 2015-074, AND
ORDINANCE NO. 2016-249; AND PROVIDING FOR REPEALER AND CONFLICTSCLAUSES AND AN EFFECTIVE DATE.
WHEREAS, in 2003, the City Council of the City of Denton, Texas, determined that it was
beneficial and in the public interest to establish an Economic Development Partnership Board (the
“Board”) to provide economic development policy guidance for the City and adopted Ordinance
No. 2003-258 (the “Ordinance”), which ordinance was codified in the Denton Code of Ordinances,
Chapter 2, Article IX; and
WHEREAS, in 2011, the City Council amended the Ordinance by adopting Ordinance No.
2011-042 in order to add two seats to the Board, consisting of an at-large position and a position
for a member with general knowledge of or experience in general aviation, and to expand the duties
of the Board to include branding and marketing for Denton Municipal Airport; and
WHEREAS, in 2014, the City Council amended the Ordinance by adopting Ordinance No.
2014-009 in order to add the Superintendent of the Denton Independent School District as an ad
hoc non-voting member of the Board; and
WHEREAS, in 2015, the City Council amended the Ordinance by adopting Ordinance No.
2015-074 in order to add two seats to the Board, one for a representative nominated by the Denton
Black Chamber of Commerce Board of Directors and one for a representative nominated by the
Denton Hispanic Chamber of Commerce Board of Directors; and
WHEREAS, in 2016, the City Council amended the Ordinance by adopting Ordinance No.2016-249 in order to add one seat to the Board for the Chancellor and President of Texas Woman’s
University; and
WHEREAS, in 2017, the City Council amended the Ordinance by adopting Ordinance No.
2017-203 in order to clarify and refine the Board member qualifications, terms, duties, and
responsibilities; and
WHEREAS, the City Council finds that the composition of the Economic Development
Partnership Board should be modified to permit the Denton Chamber of Commerce to appoint
members who are not Chamber of Commerce board members; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
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SECTION 2. The Code of Ordinances of the City of Denton, Chapter 2, Article IX is
hereby amended by deleting it in its entirety and replacing it with the following:
“ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2-251.Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the “Board”). The Board shall consist of twelve members. Six
members shall be appointed for a two-year term in even-numbered years, and six members shall
be appointed for a two-year term in the odd-numbered years. No member shall serve more than
three consecutive terms; members who have served three consecutive terms are eligible for re-
nomination after one year off the Board. The President of the University of North Texas (“UNT”)
and the Chancellor of Texas Woman’s University (“TWU”) or his or her designee may serve
unlimited terms but must be re-nominated upon the expiration of each term.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council’s pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Chamber of Commerce (“Chamber”)
member to act as a nominating committee (“Committee”). The Committee members are qualified
for appointment to the Board. The Committee will solicit nominations, contact nominees to relate
duties and responsibilities, and to confirm willingness to serve. The Committee will solicit
recommendations from the Chamber Board of Directors, the President of UNT, the President and
Chancellor of TWU, the Denton Black Chamber of Commerce Board of Directors, and the Denton
Hispanic Chamber of Commerce Board of Directors. If any such recommendation is not submitted,
the Committee will consider the racial, ethnic, and gender diversity objectives of the City Council,
as well as the knowledge, skills, and abilities of the nominees to assist in any one or all of the
functions of the Board when making its nomination recommendations to the City Council. After
evaluating the recommended nominees, the Committee will present to the City Council a slate of
Board nominees for City Council approval.
C. Notwithstanding anything contained herein to the contrary, the membership
makeup of the Board shall consist of the following:
1.Two members of the Board shall be City Council members at the time of their
appointment. If such a member is no longer on the City Council, their
appointment to the Board is terminated and their unexpired term shall be filled
by a currently serving City Council member. Such members must be residents
of the City of Denton.
2. Two members will be, or must be currently employed by, a top 20 City of
Denton ad valorem or sales taxpayer. Such members must reside or work in the
City of Denton. If such a member is no longer a top 20 City of Denton taxpayer
or employed by one, their appointment to the Board is terminated and_their
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unexpired term shall be filled by a current City of Denton top 20 taxpayer or
City of Denton top 20 taxpayer employee.
3. One member will be the President of UNT or a UNT faculty or staff member
designated by the President. Such member need not reside in the City of Denton.
4. One member will be the Chancellor and President of TWU or a TWU faculty
or staff member designated by the Chancellor and President. Such member need
not reside in the City of Denton.
5. One member will have knowledge or experience in general aviation-related
matters and shall have no financial interest in matters at the Denton Enterprise
Airport. This member must reside or work in the City of Denton.
6. One member will be a citizen of the City of Denton who, in the discretion of
the City Council, has specific knowledge, skills, and abilities to assist in all or
any one of the functions and responsibilities of the Board.
7. Two members will be nominated by the Denton Chamber of Commerce Board
of Directors. The members must reside or work in the City of Denton.
8. One member will be nominated by the Denton Black Chamber of Commerce
Board of Directors. This member must reside or work in the City of Denton.
9. One member will be nominated by the Denton Hispanic Chamber of
Commerce. This member must reside or work in the City of Denton.
10. The City Manager, the President of the Chamber, and the Superintendent of the
Denton Independent School District will serve as ad hoc ex officio (non-voting)members of the Board.
D. The Board shall elect its chairperson and vice-chairperson from among its members,
who shall serve for one-year terms or until his or her successor is elected or qualified.
The Board may remove and reelect a chairperson or vice-chairperson at any time withan affirmative vote of at least 10 members.
E. Board members shall serve without compensation. Board members may be allowed
out-of-pocket expenses for activities performed in furtherance of their duties to the
Board. Such expenses must be pre-approved by the City Manager if paid for out of City
funds, or the Chamber President if paid for out of Chamber funds.
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Sec. 2-252. Meetings.
The Board shall meet on a regular basis and no less than on a quarterly basis. Monthly
meetings are encouraged. The chairperson, vice-chairperson, or any five Board members may call
any regular or special meeting. Notice of the meetings shall be posted and the meetings shall be
conducted in accordance with the Texas Open Meetings law, being Chapter 551 of the Government
Code, as amended. A majority of the qualified voting members of the Board shall constitute a
quorum for the transaction of business at any meeting of the Board. The act of a majority of the
qualified voting members of the Board present at a meeting at which a quorum is present shall be
the act of the Board.
Sec. 2-253. Rules of Procedure.
The Board shall adopt rules of procedure governing the operation of the Board
incorporating Section 2-29 of City Council Rules of Procedure insofar as it is possible.
Sec. 2-254.Duties and Responsibilities of the Board.
The role of the Board is to provide economic development policy guidance. The Board
may make recommendations to the City Council and Chamber Board of Directors. The Board’sduties include:
A. The Board may create committees or task forces consisting of Board members and/or
non-Board members to assist with the implementation of projects or activities.
Committee or task force chairpersons shall be appointed by the Board and will serve at
the pleasure of the Board.
B.The Board will be responsible for designing economic development incentive policies
and recommending those policies to the City Council for adoption. These policies may
include tax abatement, Chapter 380 agreements, infrastructure assistance, etc. In
making any recommendations, the Board shall comply with applicable law. It will be
the Board’s responsibility to review policies of other cities and to be informed as to
legislative changes affecting state and local incentive programs.
C The Board shall act as the recommending body to the City Council for economic
development incentives authorized by law for specific projects, including without
limitation tax abatements and incentives authorized under Chapter 3 12 of the Tax Code,
economic development agreements authorized under Chapter 380 of the Local
Government Code, public improvement districts authorized under Chapter 372 of the
Local Government Code, and certain Downtown Reinvestment Grants under
Ordinance No. 2012-001. However, utility incentives based on thresholds, such as
Denton Municipal Electric’s Economic Growth Rider and the Water/Wastewater Plan
Line Extension may be made without Board review or recommendation. Nothing
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herein shall be construed so as to invalidate an economic development incentive
authorized by the City Council that did not receive a recommendation from the Board.
D.The Board will review, consider, and make recommendations to the City Council
regarding marketing and branding for the Denton Enterprise Airport. The Board will
review, consider, and make recommendations to the City Council regarding Denton
Enterprise Airport incentive policies, as assigned by the City Council or requested by
the City Manager, and will act as a recommending body to the City Council for specific
airport economic development incentives, as assigned by City Council or requested by
the City Manager and permitted by City and State law.”
SECTION 3. Ordinances 2003-258, 2011-042, 2014-009, 2015-074, and 2016-249 are
hereby repealed and are replaced with this Ordinance provided, however, that the repeal of any
such ordinance or code or part thereof shall not revive any other section or part of any ordinance
or code heretofore repealed or superseded. This ordinance supersedes any provision in any City
ordinance that is in conflict with this ordinance including without limitation any conflicting
provisions of Sections 2-61 through 2-65 of the Code of Ordinances of the City of Denton.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motioUo approve this resolution was made by Jesse his and secondedby Br ian BeaK , the resolution was passed and approved by thefollowing vote [J - LI :
Aye
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1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse L. Davis, District 3 :1/
b/
P/
V/
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the \EN d,y of \vaLLs+2022
GERARD HUDSPETH, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETATY At111111111
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APPROVED AS TO LEGAL FORM:
MACK REINWAND,CITY ATTORNEY
Digitally signed by Scottg#38.- U.„.,=T. F( +/ 14:34:30 -05'OO'
Deputy City Attorney