HomeMy WebLinkAboutHL21-0001aRESOLUTION NO.HL21-0001a
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN APPLICATION
FOR A PARTLAL 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 1003 WEST OAK STREET IN THE OAK-HICKORY
HISTORIC DISTRICT (om), GENERALLY LOCATED ON THE SOUTH SIDE OF WEST
OAK STREET, BETWEEN DENTON STREET AND WELCH STREET; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL2 1-0001 )
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 1003 W Oak Street, legally described as set forth in Exhibit A, attached,
and designated for purposes of ad valorem tax appraisal and assessment as DCAD property ID
34996 (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 May 10, 2021, 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 Denton 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 1003 W Oak
Street, satisfies the tax abatement criterion set forth in Section 10-128(d) 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 Code of 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 1003 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
Resolution be declared unconstitutional or invalid for any reason, the remainder of this
Resolution shall not be affected thereby.
SECTION 6. This resolution shall become effective immediately upon its passage and
approval.
The rLotion to approve this Resolution was made by -LS\ and
seconded by ba I Met Rtf , the Resolunn was passed and approved by
the following vote L - O
Aye
7
V/
./
V/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this,
Page 2 of 3
}Ul III IIt/f/
ATTEST:
ROSA RIOS, CITY SECRETARY
A:?2/))
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack
Reinwand
Date: 202 1.05.19 18:02:05 -05'00'
Page 3 of 3
EXHIBIT “ A”
BEING A 0.466 ACRE TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI
SURVEY, ABSTRACT NO. 996, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS
AND BEING MORE PARTICULARLY DESCRIBED AS :
JIF1 : : : 8 1 n : i ? ! I= = o : L F :: : :1 : : : i : • N : : t ::a : tEl : r = : 6 : 1 : 11 : lg : : : : : rIft : : : : jf apt to