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AGENDA ITEM REVIEW FORM
6.C.
Special City Council Meeting
Meeting Date:
07/29/2015
Department Head:
Glenn Gimbut
Submitted By:
Kay Macuil, Assistant City Attorney, Attorney's Office
Action Requested:
Motion

ITEM:

Discussion and possible action on any and all matters regarding appointment of directors/officers to the City's Municipal Corporations.  (Kay Macuil, Assistant City Attorney)

SUMMARY:

The Function of the City's Corporations:
The City has established 3 municipal corporations under Arizona State Statutes.  These are non-profit entities which are legally separate from the City created for the purposes of managing development projects and borrowing money.  The board members of the municipal corporations are appointed by City Council.  Corporation Board members meet as necessarily to decide and vote on the project directions.  Their meetings are open to the public and follow the Open Meeting Law.

Need for Appointment to the Corporate Boards:
It has been many years since Council has reviewed the members on the City's corporations.  There is a need to renew or make new appointments for all of the City's corporations as their terms have expired.  There are provisions that the terms automatically renew until appointments are made, however one board member has become ineligible to serve.

This item is before the Council to appoint new directors/officers to the Boards of these corporations.  Community Development staff have been inquiring as to people who may be interested in the position, but without any commitments as of the time of posting of this item.

The City's Corporations:

San Luis Municipal Property Corporation
(Created in 1983 under ARS 10-3201 et seq. Non-Profit Corporations)
This corporation was created under the statutes that allows any entity to create a non-profit organization.
Purpose:  The purpose of this Corporation was to acquire, construct reconstruct or to aid in the development or improvement of buildings and other real property and personal property suitable for leasing or for sale.
Status:  This Corporation has been inactive for many years.   All of the directors' terms have expired and the City does not have current contact information for most of them.
 
 
Requirements for Board Members:
-Resident of San Luis
-5 Directors
 
Current Directors
President                  Tomas Luna
Secretary                  Margarete Roberta
Treasurer                 Juan M. Encinas
Treasurer                 Jose Encinas
Director                   Jose Encinas
 
Industrial Development Authority of the City of San Luis
(Created in 2000 under ARS 35-701 et seq. Industrial Development Authority)
Industrial Development Authorities are a special type corporation, created  by state statutes which encourage governments to support economic development through tax incentives.  San Luis has created an Industrial Development Authority.

Purpose:  The purpose of this Corporation was to acquire, construct, lease, sell, and dispose of all kinds of properties on behalf of the City to, among other things, develop trade, encourage production, and assure job opportunities in the City of San Luis. 
Status:  This Corporation has been inactive for many years. It was used to acquire and renovate the call center.  There have been no new projects since the call center.   Under the State statutes for Industrial Development Authority,  Officers and Employees of the City cannot serve on the board.  After Gloria Torres was appointed to this Board, she was elected to Council and so  has become ineligible to serve .
 
 
Requirements for Board Members:
-Cannot be an officer (includes council members) or employee of the City of San Luis
-Minimum 3 Directors
-Maximum 9 Directors
 
Current Directors
President                  Ivonne Jackson
 
Vice President         Gloria Torres
(Ineligible for reappointment,  Council Member)
 
Secretary                  Yanabeth Gonzalez
Treasurer                 Yanabeth Gonzalez
Director                   Antonio Silva
Director                    Francisco Vega
 
San Luis Facility Development Corporation
(Created in 2005 under ARS 10-3201 et seq. Non-Profit Corporations)
This another corporation which was created under the statutes that allows any entity to create a non-profit organization.

Purpose:  The purpose of this Corporation was to finance, own, and/or operate one or more public projects  for economic development in the City of San Luis.
 
Status :  It owns the Detention Center.  It met recently to decide on whether to hire a financial advisor for a proposed landfill project.  Although it is not a requirement to have Council members on this Board, Marco A. Pinzon and Alex Joe Harper were appointed directors when they were also council members.  There are no current council members on the Board.
 
 
Requirements for Board Members:
-Resident of San Luis
-5 Directors
Current Directors
President                  Jenny Torres
Secretary                 John Starky
Treasurer                 Olivia Jenkins
Director                   Marco A. Pinzon
Director                   Alex Joe Harper

RECOMMENDATION / SUGGESTED MOTION:

1. I MOVE TO APPOINT TO THE SAN LUIS PROPERTIES CORPORATION (5 residents of San Luis, Arizona)
____________________, President
____________________, Secretary
____________________, Treasurer
____________________, Treasurer
____________________, Director

2. I MOVE TO APPOINT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SAN LUIS
(3 up to 9 Directors who are NOT San Luis City Council Members, Officers or Employees)
____________________, President
____________________, Vice President
____________________, Secretary
____________________, Treasurer
____________________, Director
____________________, Director


3. I MOVE TO APPOINT TO THE SAN LUIS FACILITIES DEVELOPMENT CORPORATION (5 residents of the City of San Luis, Arizona)
____________________, President
____________________, Secretary
____________________, Treasurer
____________________, Director
____________________, Director

 

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
No
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED:
N/A
AVAILABLE TO TRANSFER:
N/A
ACCOUNT #/REMAINING BALANCE:
N/A

FISCAL IMPACT STATEMENT:

There is no fiscal impact to making appointments of directors and officers to municipal corporations.

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