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HomeMy WebLinkAboutHL21-0002bRESOLUTION NO. HL2I-0002b 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 10426 THROUGH 10-129 OF THE DENTON MUNICIPAL CODE OF ORDINANCES, FOR A LOCAL HISTORIC LANDMARK, LOCATED AT 1015 WEST OAK STREET IN THE OAK -HICKORY HISTORIC DISTRICT (OHH), GENERALLY LOCATED ON THE SOUTH SIDE OF WEST OAK STREET, BETWEEN DENTON STREET AND NORTH WELCH STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL21- 0002) 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 1015 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 35025 (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 August 9, 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 1015 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 § 11.24(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 1015 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 motion to approve this Resolution was made by _ )�5g_ �c N;_S and seconded by ?� C ; a.i1 RQLk— , the Resolution was passed and approved by the following vote [ -J - - 0 1: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4 Aye Nay _1Z V Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: `0 Abstain Absent PASSED AND APPROVED this, the day of 2021. GERARD HUDSPETH, MAYOR Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY W-4 APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn n DN: cn=Marcella Lunn, o, ou=City of Denton, email=marcella.lunn@cityofdenton.com, BY: c=US Page 3 of 3 EXHIBIT "A" BEING A 0.216 ACRE TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS: BEING A TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. Wo DENTON COUNTY, TEXAS* AND BEING THAT SAME TRACT OF LAND CONVEYED TO ERIC G. MEAHL AND JANE E. MEAHL, HUSBAND AND WIFE RECORDED IN DOCUMENT NO. 20I3 -54079t OFFICIAL RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED HEREIN AS FOLLOWS, BEGINNING AT A 3/4 INCH IRON ROD FOUND IN THE OCCUPIED SOUTH RIGHT-OF- WAY (P.O.W.) LIME OF W. OAK STREET (A, PUBLIC ROAD) FOR THE NORTHEAST CORNER OF SAID MEAHL TRAC7; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (CALLED SOUTH BY DEED), WITH THE EAST ERNE OF SAID MEAHL TRACT, A DISTANCE OF 157.48 FEET (CALLED 157.50 FEET BY DEED) TO A 314 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAND MEAHL TRACT, THENCE SOUTH 89 DEGREES 48 MINUTES 24 SECONDS WEST (CALLED WEST BY MEED), WffH THE SOUTH LIFE OF SAID MEAHL TRACT, A DISTANCE OF 59.83 FEET (CHILLED +60 FEET BY DEED) TO A '"X."' CUT SET FOR THE SOUTHWEST CORNER OF SAID MEAHL TRACT; THENCE NORTH 00 DEGREES 01 MINUTES 17 SECONDS WEST (CALLED NORTH BY DEE%, WITH THE WEST LINE OF SAID MEAHL TRACT, A DISTANCE OF 157.50 FEET TO A 314 INCA PIPE FOUND IN SAID SOUTH R.O,W. LIME OF W. CAR STREET FOR THE NORTHWEST CORNER OF SAID MEA HLTRACTI THENCE NORTH 89 DEGREES 49 MINUTES 48 SECONDS EAST (CALLED EAST BY DEED), WITH THE NORTH LINE. OF SAID MEXHL TRACT AND SAID SOUTH R.O.W. LINE OF W. OAK STREET, A DISTANCE OF 59.59 FEET (CALLED 60 FEET BY DEED) TO THE POINT OF BEGINNING AND CONTAINING" WITHIN THE METES AND HOUNDS HEREIN RECITED, 0.216 OF A1`'w1 ACRE OF LAND, MORE OR LESS.