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HomeMy WebLinkAbout1987-1891649L NO 9.? "l / AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR A PARTIAL TAX EXEMPTION FOR DESIGNATED HISTORIC SITES FOR A PERIOD OF TEN YEARS, PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED CASES, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 22 of the Code of Ordinances be amenTe-3-7y­aTFing a new Article IV to read as follows ARTICLE IV TAX EXEMPTION OF DESIGNATED HISTORIC SITES Sec 22-50 Purpose This article is enacted for the purpose of encouraging the preservation of individually designated historic sites by pro- viding for a reduction of the City's property tax to qualifying properties Sec 22-51 Definitions "Designated historic site" shall mean any structure, and the land necessary for access to and use of the structure, which is (a) designated as a Recorded Texas Historical Landmark by the Texas Historical Commission, or (b) individually designated as an "historic landmark" in accordance with article 28A of Appendix B-Zoning of the Code of Ordinances For purposes of this article, a "designated historic site" shall not include any structure or land that is a historic landmark solely because of its inclusion in an historic district, as provided for in article 28A Sec 22-52 Partial Tax Exemption of Designated Historic Sites (a) Any property which is a designated historic site on the first day of January for any year beginning with 1989 and extending to and including 1998, shall be exempt from real property ad valorem taxes levied by the City of Denton to the extent of fifty (50%) percent of the assessed value of the designated historic site The exemption provided for herein shall apply for a maximum of ten (10) successive years, beginning with first year the property is entitled to the exemption during the specified years and continuing and including each and every year of the nine (9) successive years thereafter during which the property is a designated historical site on the first day of January of those nine (9) years (b) Immediately after the first day of January of each year, the Executive Director of Planning and Community Develop- ment shall notify the chief appraiser of the Denton County Appraisal District of all designated historical sites that qualify for the tax exemption for that year To receive the exemption provided herein, a person claiming the exemption must apply for the exemption by filing an application form with the chief appraiser of the Denton County Appraisal District as provided for by State law Sec 22-53 Recapture of Taxes (a) If any designated historic site is, within twenty-five (25) years from any year in which the property received a tax exemption under this article 1) removed as a designated historic site by ordinance, upon the request of the owner, or 2) removed as a designated historic site by ordinance, after it has been determined to have been totally or partially destroyed or altered by the willful or negligent act of the owner or the owner's agent, in violation of article 28A, an additional tax is imposed, on the effective date of the ordinance providing for its removal as a designated historic site, equal to the difference between the City taxes imposed for each year an exemption was made under this article, and the taxes that would have been imposed had the exemption not been made, plus interest on the additional amount at an annual rate of seven (78) per- cent, calculated from the dates on which the additional taxes would have become due if not exempted (b) If, in providing for the removal of a property as a designated historic site because of its being partially or totally destroyed or altered, as provided above, the City Council, after receiving the determination of the Historic Landmark Commission and Planning and Zoning Commission, determines, after public hearing for which the owner shall be given notice, that the property was totally or partially destroyed or altered by the willful or negligent act of the owner or his representative, in violation of the historic preservation ordinance, the additional tax provided for this section shall be imposed PAGE 2 (c) A tax lien attaches to the property on the date it is re- moved as a designated historic site, to secure payment of the additional tax and interest imposed by this section The lien exists in favor of the City of Denton for which the additional tax is imposed (d) The City tax collector shall notify the chief appraiser of the additional tax imposed and shall prepare and deliver a statement to the owner for the additional taxes plus interest as soon as practicable after removal of the property as a designated historic site The taxes and interest are due and become delinquent and incur penalties and interest as provided by law for ad valorem taxes imposed by the City if not paid before the first day of February of the year following the year in which the additional tax is imposed SECTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this theGiL?�_ day of �+-� 1987 6� � z w.i � W4 _ RAY S' HENS MAYOR ATTEST JEN FER LTERS, CITY SECRETARY APP VED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY Y t ^ PAGE 3