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<br />I <br /> <br />I <br /> <br />I <br /> <br />Final 2-1-05 <br /> <br />(2) <br /> <br />That not more than ten percent of the property In the proposed zone, excludIng <br />property that IS publIcly owned, IS currently used for resIdentIal purposes, <br /> <br />(3) That the total appraIsed value of taxable real property In the proposed zone does not <br />exceed fifteen percent of the total appraIsed value oftaxable real property In the CIty <br />and In the Industnal dIstncts created by the CIty; <br /> <br />(4) That the proposed zone does not contaIn more than fifteen percent of the total <br />appraised value of real property taxable by Hays County or the Hays ConsolIdated <br />Independent School DIstnct; and <br /> <br />(5) That the development or redevelopment of the property In the proposed zone WIll not <br />occur solely through pnvate Investment In the reasonably foreseeable future. <br /> <br />SECTION 2. Designation of the Zone. The CIty, actIng under the provISIOns of Chapter <br />311, Texas Tax Code, IncludIng Section 311 005(a), does hereby desIgnate as a reInvestment zone, <br />and create and desIgnate a reInvestment zone over, the area described In ExhibIt "A" and depIcted In <br />the map attached hereto as ExhibIt "B" to promote the redevelopment ofthe area. The reInvestment <br />zone shall hereafter be named for IdentIficatIOn as Tax Increment ReInvestment Zone Number Two, <br />CIty of San Marcos, Texas (the "Zone") The CIty CouncIl speCIfically declares that the Zone IS <br />deSIgnated pursuant to SectIOn 311 005(a)(1) and (2) of the Texas Tax Code <br /> <br />SECTION 3. Board of Directors. (a) There IS hereby created a Board ofDuectors for the <br />Zone, whIch shall conSIst of seven members. PosItIOns One through Five on the Board of DIrectors <br />shall be reserved for the CIty PosItIOns SIX and Seven shall be reserved for other taxIng units <br />leVYIng taxes wIthIn the Zone, each of whom may appoInt one duector Any taxIng unIt that <br />appoInts a director shall be assIgned a Board pOSItIon number In the order the CIty receIves the <br />appoIntment. FaIlure of a taxIng umt to appoInt a dIrector by January 15,2006, shall be deemed a <br />waIver of the nght of that umt to appoInt a dIrector, and the CIty shall thereafter be entItled to <br />appoInt persons to the position, WhICh shall be filled as proVIded below <br /> <br />(b) The Mayor IS hereby authonzed to nomInate and appoint, subject to City Council <br />approval, the duectors to POSItIOns One through FIve of the Board of DIrectors, and any duector <br />pOSItIOn reserved to another taxing unIt under (a) above that IS unfilled on January 15,2006, and any <br />CIty duector pOSItion created by the appointment of a duector by more than two taxIng unItS leVYIng <br />taxes WIthIn the Zone, subJect to the consent and approval of the CIty Council. <br /> <br />(c) The duectors appoInted to odd-numbered positions shall be appointed for two year terms, <br />begInnIng on the effectIve date of thIS OrdInance, whIle the dIrectors appoInted to even-numbered <br />pOSItIons shall be appoInted to a one year term, begInnIng on the effectIve date of thIS OrdInance. <br />All subsequent appoIntments shall be for two-year terms. The member of the Board of Duectors <br />appoInted to POSItIOn One IS hereby deSIgnated to serve as the chaIr of the Board of Duectors for a <br />one-year term begInmng on the effectIve date of thIS OrdInance. Thereafter the Mayor shall annually <br />nomInate and appoInt, subJect to City CouncIl approval, a member to serve as chau for a term of one <br /> <br />-3- <br />