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(3) The proposed Zone No. 4 does not contain more than 50 percent (50 %) of the <br />total appraised value of real property taxable by Hays County; <br />(4) The development or redevelopment of the property in the proposed Zone No. 4 <br />will not occur solely through private investment in the reasonably foreseeable <br />future; <br />(5) Less than 30 percent (30 %) of the property in the proposed Zone No. 4 is used for <br />residential purposes within the meaning of Section 311.006(d), Texas Tax Code; <br />and <br />(6) The improvements proposed to be implemented in the proposed reinvestment <br />Zone No. 4 will significantly enhance the value of all taxable real property in the <br />proposed reinvestment Zone No. 4 and will be of general benefit to the City and <br />the County. <br />Section 2. Desisnation of Zone No. 4. The City, acting under the provisions of Chapter <br />311, Texas Tax Code, including Section 311.005(a)(4), does hereby designate as a reinvestment <br />zone, and create and designate a reinvestment zone over, the area described in Exhibit "A" and <br />depicted in the map attached hereto as Exhibit "B" to promote the development of the area. The <br />reinvestment zone shall hereafter be named -for identification as Tax Increment Reinvestment <br />Zone No. Four, City of San Marcos, Texas. <br />Section 3. Board of Directors. That there is hereby created a Board of Directors for <br />Zone No. 4, which shall consist of nine (9) members. The City Council shall appoint directors to <br />Positions One through Six; provided, however, that Hays County shall be entitled to appoint a <br />director to Position Seven if Hays County approves the payment of all or part of the tax <br />increment attributable to Hays County. Failure of Hays County to appoint a director by April 1, <br />2012, shall be deemed a waiver of Hays County's right to appoint a director, and the City <br />Council shall be entitled to nominate and appoint a director to such position. Positions Eight and <br />Nine shall consist of the member of the State House of Representatives and State Senate (or their <br />designees), respectively, in whose district Zone No. 4 is located. <br />The directors appointed to Positions One, Three, Five and Six shall be appointed for two <br />year terms, beginning on January 1, 2012, while the directors appointed to Positions Two, Four, <br />Seven, Eight and Nine shall be appointed to one year terms beginning on the effective date of <br />Zone No. 4. All subsequent appointments shall be appointed for two -year terms. The member <br />of the Board of Directors appointed to Position One is hereby designated to serve as chair for the <br />period beginning January 1, 2012 and ending December 31, 2014. Thereafter the City Council <br />shall annually nominate and appoint a member to serve as chair for a term of one year beginning <br />January 1 of the following year. The City Council authorizes the Board of Directors to elect <br />from its members a vice chair and such other officers as the Board of Directors determines. <br />