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HomeMy WebLinkAboutHL20-0008aS:\Legal\Our Documents\Resolutions\20\Resolution For Partial Tax Exemption - 923 W Oak Street.Doc RESOLUTION NO.HL20-0008a A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN APPLICATION FOR A PARTIAL TAX EXEMPTION OF DESIGNATED HISTORIC SITES, IN ACCORDANCE WITH CHAPTER 10, ARTICLE VI, SECTIONS 10-126 THROUGH 10-129 OF THE DENTON MUNICIPAL CODE OF ORDINANCES, FOR A LOCAL HISTORIC LANDMARK, LOCATED AT 923 WEST OAK STREET IN THE OAK-HICKORY HISTORIC DISTRICT (OHH), GENERALLY LOCATED ON THE SOUTH SIDE OF WEST OAK STREET, BETWEEN DENTON STREET AND WELCH STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL20-0008) WHEREAS, Article 8, Section 1-f of the Texas Constitution and Section 11.24 of the Texas Tax Code enable the City of Denton to exempt from taxation part or all of the assessed value of certain historically significant sites in need of tax relief to encourage their preservation; and WHEREAS, pursuant to §10-128 (c) of the Denton Code of Ordinances, the owner of the real property located at 923 W Oak Street, legally described as set forth in Exhibit A, attached, and designated for purposes of ad vatorem tax appraisal and assessment as DCAD property ID 35002 (hereinafter, the “Property”), has made and filed with the City Historic Preservation Officer a sworn, complete, and sufficient application for tax abatement of the Property, thereby satisfying all threshold substantive and procedural requirements of §10-128 of the Denton Code of Ordinances; and WHEREAS, On July 13, 2020, the Historic Landmark Commission of the City of Denton has received, reviewed, and recommended the Property to the City Council for tax abatement in accordance with Chapter 10, Article VI of the Code of Ordinances of the City of Denton, as a historically significant site in need of preservation; and WHEREAS, pursuant to §10-126 of the Denton Code of Ordinances, all other prerequisites have been satisfied for the City Council’s certification of eligibility for such a tax abatement on the Property, as a historically significant site in need of preservation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The foregoing recitals are incorporated into this Resolution by reference as findings of fact, as if expressly set forth herein. The City Council further finds from the matters presented before it that the Property, specifically including the structure located at 923 W Oak Street, satisfies the tax abatement criterion set forth in Section 10-128 (c) of the Denton Code of Ordinances, as a historically significant site in need of preservation, as well as the criteria set forth in §1 1.24 (2) of the Texas Tax Code, as a historically significant site in need of tax relief to encourage its preservation pursuant to City of Denton ordinances. SECTION 2. Notwithstanding these findings, and in compliance with the limitations set forth at §10-128 of the Denton Code of Ordinances and §11.24 of the Texas Tax Code, the determination of that portion of land which is reasonably necessary for access to, and use of, the historic structures declared herein, (the “Eligible Land”), is deferred to the discretion of the Chief Appraiser of the Denton County Appraisal District, together with the discretion to determine whether annual applications must be made to the Denton County Appraisal District in order to obtain the abatement herein approved. SECTION 3. Accordingly, in compliance with Texas Tax Code §11.24 (2), this Resolution stands as the official action of the City of Denton to abate and exempt from taxation for a period of ten (10) years following completion of the planned renovation, that portion of the assessed value of the structure located at 923 W Oak Street and Eligible Land. SECTION 4. Notwithstanding any approvals provided herein, the abatement remains subject to all limitations imposed by State and Federal law, specifically including, but not limited to, the Texas Tax Code. SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. This resolution shall become effective immediately upon its passage and approval. The motion to approve this ordinance seconded by Bathe following vote [L - a : BciSlaet 'andwas made by ’abd approved bythe ordinance was9 Aye Of ,// y‘ ,/ Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4:\/ / 7 Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this, t h e 1© d a y o f AWJ 2020 CHRIS WATB Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY za _4==n APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY Page 3 of 3 EXHIBIT A Legal Description BEING all that certain lot, parcel, or tract of land situated in the Eugene Puchalski Survey, Abstract Number 996, City of Denton, Denton County, Texas, being all that certain tract of land described by Deed to Borck Family Limited Partnership, as recorded under Instrument Number 2007-25542, of the Deed Records of Denton County, Texas (D.R.D.C. T), and being more particular described as follows: BEGINNING at a % inch iron rod found for the northwest corner of the herein described tract, same being the northeast corner of a tract of land described by Deed to Walter G. Rishel and Joann P. Rishel, as recorded under Instrument Number 95-0054458, D.R.D.C.T., also being in the south line of West Oak Street; THENCE South 90 degrees 00 minutes 00 seconds East, with the south line of said West Oak Street, a distance of 52.49 feet to a % inch iron rod found for corner, same being the northwest corner of a tract of land described by Deed to Timothy W. Snider and Buffy Snider, as recorded under Instrument Number 2005- 1213, D.R.D.C.T. ; THENCE South 00 degrees 10 minutes 41 seconds West, with the west line of Snider tract, a distance of 167.00 feet to a % inch iron rod with yellow cap stamped “Arthur Surveying Company” set for corner, same being the southwest corner of said Snider tract, also being in the north line of a tract of land described by Deed to William H. Munson, as recorded under Instrument Number 2007-23940, D.R.D.C.T.; THENCE North 90 degrees 00 minutes 00 seconds West, passing the northwest corner of said Munson tract, continuing on said course and with the north line of a tract of land described by Deed to Richard David Limpede, as recorded under Instrument Number 2013-24121, D.R.D.C. T for a total distance of 52.84 feet to a fence corner post for corner, same being the northwest corner of said Limpede tract, also being in the east line of said Rishel tract; THENCE North 00 degrees 17 minutes 53 seconds East, with the east line of said Rishel tract, a distance of 167.00 feet to the POINT OF BEGINNING and containing 0.202 acre of land, more or less