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HomeMy WebLinkAbout1999-433ORDINANCE NO 99- ,& AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO II FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, ESTABLISHING THE BOUNDARIES OF SUCH ZONE, MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE, ORDAINING OTHER MATTERS RELATING THERETO, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR REPEAL, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton, Texas ("City" or "Municipality") desires to promote the development or redevelopment of a certain contiguous geographic area within its corporate city limits and its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by Tex Tax Code Ch 312 (referred to as the "Property Redevelopment and Tax Abatement Act" or the "Act"), and WHEREAS, an industry known as Peterbilt Motors Company has requested tax abate- ment to build improvements within the area to be designated as Reinvestment Zone II, and WHEREAS, the City Council desires to create a proper economic and social environment to induce investment of private resources and productive business enterprises in this area of the City, which meets the criteria established under §312 202 of the Act, and to expand primary em- ployment or to attract major investment, and WHEREAS, by resolution dated October 19, 1999, a public hearing before the City Council was called, set, and held at or after 6 00 p in on November 16, 1999 in the City Council Chambers of the City of Denton at 215 East McKinney Street in the City of Denton, such date being at least seven days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the presiding officer of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone, in accordance with §312 201 of the Act, and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance, and WHEREAS, the City, at that hearing, invited any interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment lone, whether all or part of the territory described in the notice calling the public hearing should be included in the proposed reinvestment zone, and the concept of tax abatement, and WHEREAS, in accordance with such public notice, all owners of property within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone, and WHEREAS, on the 27`h day of January, 1998, on or before the holding of the above - mentioned public hearing, the City Council passed a resolution establishing guidelines and cnte- na governing tax abatement agreements and stating that the City of Denton elects to become eli- gible to participate in tax abatement, in accordance with Tex Tax Code §312 002, and such tax abatement policy is now in effect and was in effect prior to the public hearing, and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone of- fered evidence in favor and against all matters relating to the creation of the reinvestment zone, and, after hearing this testimony and evidence, the City Council deems it in the public interest to create this reinvestment zone, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct SECTION 2. That for the purposes of this ordinance, the following terms and phrases shall have the following meanings ascribed to them A Improvements — Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, including, but not limited to, new construction, recon- struction, renovation and repairs B Taxable Real Property — Taxable real property shall be as defined in the Texas Property Tax Code and shall not include personal property as defined in the Code C Base Year — The base year for determining increased value shall be the taxable real property and/or tangible personal property located on the real property value assessed the year in which the Tax Abatement Agreement is executed SECTION 3 • That the City, through its City Council, after conducting the above - mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it A That the public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted in accordance with §312 201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and mailed to the pre- siding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone as required by law, and B That prior to holding the public hearing, the City has adopted, by resolution, the guidelines and criteria governing tax abatement agreements by adopting a City of Denton Tax Abate- ment Policy and the City has elected to participate in tax abatement, and C That the City had jurisdiction to hold and conduct the public hearing on the creation of the proposed the reinvestment zone, pursuant to chapter 312 of the Act, and Page 2 D That the boundaries of the reinvestment zone shall be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the area outlined in red attached hereto as Exhibit "B" and being approximately 100 acres near Air- port Road and Interstate 35W in the corporate limits of the City of Denton, Texas, such Ex- hibits "A" and "B" being incorporated and made a part of this ordinance as if written word for word herein, and E That the creation of the reinvestment zone for commercial/industrial tax abatement with the improvements expected to be developed by Peterbilt Motors Company would be of benefit to the City and to the land to be included in the zone, with the boundaries as described in Ex- hibit "A," after the expiration of the tax abatement agreement entered into under §312 204 of the Act, and the improvements sought are feasible and practical, and F That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone, as set forth in §312 202 of the Act, since it is, "reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the Municipality," and G That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to en- hance significantly the value of all taxable real property located within the reinvestment zone SECTION 4. That pursuant to §312 201 of the Act, the City, through its City Council, hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described by the metes and bounds description in Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto and such reinvestment zone is hereby designated and shall hereinafter be designated as Reinvestment Zone No II, City of Denton, Texas SECTION 5, That Reinvestment Zone No II shall be effective as of January 1, 2000, and shall terminate five years from that date, on December 31, 2005, unless earlier terminated by action of the City Council or extended to accordance with §312 203 of the Act SECTION 6. That to be eligible for tax abatement, a commercial/industrial project shall A Be located wholly within the zone established herein, B Meet the requirements of the Denton Tax Abatement Policy, C Not include property that is owned or leased by a member of the City Council of the City of Denton, or by a member of the Planning & Zoning Commission, Page 3 D Conform to the requirements of the City's zoning ordinance and all other applicable laws and regulations, and E Have and maintain all land located within the designated zone, appraised at market value for tax purposes SECTION 7. That written tax abatement agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property and/or tangible personal property located on the real property for taxation as approved hereunder, as shown below A Duration of exemption from two years to ten years depending on the value of the structure and personal property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1, 2000, and B Share of taxes abated — 25% of taxes on the total value of appraised improvements which are added, provided, however, nothing herein shall prevent any other taxing unit that includes in its boundaries real property that is included in the reinvestment zone from entering into a tax abatement agreement with a different share of taxes abated on the total value of appraised improvements which are added, in accordance with the requirements of chapter 312 of the Act SECTION B. That any written agreements authorized under this ordinance must include provisions for A Listing the kind, number, and location of all proposed improvements of the property, B Access to and authorizing the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condi- tions of the agreements, C Limiting the uses of the property, consistent with the general purpose of encouraging devel- opment or redevelopment of the zone during the period that property tax exemptions are in effect, D Recapturing of property tax revenues lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement, E Containing each term agreed to by the owner of the property, F Requiring the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement, G Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement, Page 4 H Provide that the owner of the property enters into a long-term agreement of not less than five years in duration to receive its electrical utility service from Denton Municipal Electric, and Contain any additional terms and conditions which the City Council deems are necessary, in accordance with §312 205 of the Act, and that are negotiated with the owner of the property Provided, however, nothing herem shall prevent other taxing units, who include in their boundaries real property within the reinvestment zone, from negotiating terms and conditions that are different from any municipal tax abatement agreement, so long as the mandatory terns and conditions required by §312 205 of the Act are included SECTION 9 That the City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters pertaining to the Zone, including, without limitation, the development of the amendment of the current Denton Tax Abatement Policy if necessary, the negotiation of tax abatement agreements with industries, commercial enterprises, and other businesses eligible for tax abatement under the Tax Abatement Policy and for communication with other taxing entities and the Joint Tax Abatement Committee SECTION 10 That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict SECTION 11 That if any section, paragraph, clause, or provision in this ordinance, or application thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceabilrty of such section, paragraph, clause, or provision shall not affect any of the re- maining portions of this ordinance SECTION 12 It is hereby found, determined, and declared that a sufficient written no- tice of the date, place, hour, and subject of the meeting of the City Council at winch this ordi- nance was adopted was posted and placed and conveniently accessible at all times to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Meetings Act, Tex Gov't Code Ch 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon The City Council further rati- fies, approves, and confirms such written notice and contents posting thereof The City Council further finds that a quorum was present at such meeting SECTION 13 That the contents of the notice of public hearing, which hearing was held before the City Council and before the passage of this ordinance on November 2, 1999, the pub- lication of said notice is hereby ratified, approved, and confirmed SECTION 14 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the RAP day of odemd , 1999 r JACK I ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY *S TO LEGAL FORM PROUTY, CITY ATTORNEY P VhwdWW\LQL\OurO um W\0rdmenc%\99\retnmmcnt zone it dm EXHIBIT A REINVESTMENT ZONE II DESCRIPTION OF PROPERTY REINVESTMENT ZONE II WILL BE COMPOSED OF APPROXIMATELY 100 ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 326, JAMES PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY, ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE JAMES PERRY SURVEY, ABSTRACT NO 1040, AND THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK A, PETERBILT ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 195 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC., AS RECORDED IN VOLUME 1271, PAGE 759 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PETERBILT ADDITION, ON THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 (AIRPORT ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF WESTPARK, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 010 29' 40" EAST WITH THE WEST LINE OF SAID PETERBILT ADDITION AND THE EAST LINE OF SAID WESTPARK, A DISTANCE OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID PETERBILT ADDITION AND THE NORTHEAST CORNER OF SAID WESTPARK, SAME BEING ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC., TRACT; THENCE NORTH 010 30' 25" EAST, A DISTANCE OF 508 10 FEET TO A POINT FOR CORNER; THENCE SOUTH 880 30' 20" EAST, A DISTANCE OF 1678 31 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 900 00' 31", A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 62 89 FEET, A CHORD WHICH BEARS SOUTH 430 30' 04" EAST, A DISTANCE OF 56 62 FEET TO A POINT FOR CORNER; THENCE SOUTH 010 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT ADDITION, ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC., TRACT; THENCE SOUTH 010 29' 40" WEST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE AST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 952.13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE WEST RIGHT-OF-WAY OF PRECISION DRIVE AND THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 410 40' 00", A RADIUS OF 397 82, AN ARC LENGTH OF 289.30, A CHORD WHICH BEARS SOUTH 190 20' 20" EAST A DISTANCE OF 282.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 400 10' 20" EAST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF F.M ROAD 1515 AND THE WEST RIGHT-OF- WAY OF PRECISION DRIVE, SAME BEING THE SOUTHEAST CORNER OF SAID PETERBILT ADDITION, AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 270 38' 04", A RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298 05 FEET, A CHORD WHICH BEARS SOUTH 320 50' 01" WEST A DISTANCE OF 29517 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE SOUTH 190 011 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515, A DISTANCE OF 207.60 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M ROAD 1515 AND THE SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 72° 03' 00", A RADIUS OF 527 96 FEET, AN ARC LENGTH OF 663.92 FEET AND A CHORD WHICH BEARS SOUTH 550 02' 30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER; THENCE NORTH 880 56' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F M ROAD 1515, A DISTANCE OF 1131.28 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 100 04 ACRES OF LAND