HomeMy WebLinkAboutR23-591RESOLUTION NO. R23-591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS AMENDING THE BY-LAWS FOR THE TAX INCREMENT
REINVESTMENT ZONE NO. 1, HISTORIC DOWNTOWN PLAINVIEW,
TEXAS BY AMENDING THE BOARD MEMBERSHIP REQUIREMENTS
OUTLINED IN ARTICLE II, SECTION 2.
WHEREAS, on May 8, 2018, the City Council of the City of Plainview, Texas
adopted Ordinance No. 18-3677 (the "Ordinance"), which created Tax Increment
Reinvestment Zone #1, Historic Downtown Plainview, Texas (the "Downtown Zone") and
established a Board of Directors for the Downtown Zone (the "Board") as authorized in
accordance with the Tax Increment Financing Act (the "Act"), Chapter 311 of the Texas
Tax Code Ann.; and
WHEREAS, on November 12, 2018, the Board met and approved bylaws
applicable to the Board (the "Bylaws") to assist the Board in efficiently and effectively
carrying out the duties and responsibilities of the Board as outlined in the Ordinance; and
WHEREAS, on December 11, 2018, the City Council of the City of Plainview
approved Resolution No. R18-433 approving the Bylaws at the recommendation of the
Board; and
WHEREAS, Article II, Section 2, sets forth the membership of the Board and
requires at least one (1) member be from the Plainview Downtown Association, an
organization that no longer exists; and
WHEREAS, in accordance with Article II, Section 2, the City Council is charged
with appointing at least five (5) members of the Board including appointing the one (1)
individual from the Plainview Downtown Association; and
WHEREAS, the City Council believes it to be in the best interest of the Downtown
Zone and the Board to amend the Bylaws to remove the requirement for the City Council
to appoint one (1) member from the Plainview Downtown Association; and
WHEREAS, in accordance with Article V, Section 2 of the Bylaws, the City Council
may amend the Bylaws at any time by resolution after consultation with the Board of
Directors and delivering the Bylaws to the secretary of the Board; and
WHEREAS, the City Council believes it to be in the best interest of the City of
Plainview to amend the Bylaws as outlined below;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT:
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1. The facts, findings and recitals outlined above are found to be true and
correct and incorporated into the body of this ordinance as though set forth fully herein.
2. Article II, Section 2, " is hereby amended by amending the third paragraph
of such section to read as follows (for reference purposes, amended portions are
indicated as follows: deletions — strikeout; new additions - underlined and italicized):
The Board shall consist of seven (7) members appointed by resolution of
the City Council. Of the Board members, Council shall appoint five (5)
members, with three-(3) two 2 of the five (5) Council appointees being
specifically comprised of one (1) member from each of the following
organizations: PlaiRview DGWRWWR ASSOGiatiORT Main Street Board and the
Plainview -Hale County Economic Development Corporation. Hale County
may, but is not required to, appoint two (2) members. Council shall appoint
members as is necessary to fill the remaining positions, if Hale County does
not appoint their allotment. All members appointed to the Board shall meet
the eligibility requirements as set forth in Section 311.009 of the Texas Tax
Code. Such members may be members of the City Council.
3. All other terms and provisions of the Bylaws of the Downtown Zone not in
conflict herewith and not hereby amended shall remain in full force and effect.
4. The City Council, by written communication from the City Manager, has
consulted with the Board of Directors regarding this amendment to the Bylaws.
5. This amendment shall go into full force and effect immediately upon
passage by the City Council.
6. The City Secretary is hereby directed to deliver a copy of this resolution and
the Bylaws, as amended, to the Board Secretary of the Downtown Zone Board of
Directors.
Passed and approved on this 14th day of Februarv. 2023.
ATTEST:
4K
Belinda Hinojosa, GYy Secretary
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