HomeMy WebLinkAboutHL22-0003aHL22-0003aRESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, APPROVING AN APPLICATION FOR APARTIAL TAX EXEMPTION OF DESIGNATED HISTORIC SITES, IN ACCORDANCEWITH CHAPTER 10, ARTICLE VI, SECTIONS 10-126 THROUGH 10-129 OF THE
DENTON MUNICIPAL CODE OF ORDINANCES, FOR A LOCAL HISTORICLANDMARK, LOCATED AT 805 BOLIVAR STREET, GENERALLY LOCATED ON THENORTHWEST CORNER OF BOLIVAR STREET AND PANHANDLE STREET;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL22-OO03A)
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 805 Bolivar 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
28443 (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 Codeof Ordinances; and
WHEREAS, On March 21, 2022, the Historic Landmark Commission of the City of
Denton has received, reviewed, and recommended the Property to the City Council for taxabatement 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 taxabatement 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 805 BolivarStreet, 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 toencourage its preservation pursuant to City of Denton Code of Ordinances.
SECTION 2. Notwithstanding these findings, and in compliance with the limitations set
forth at §lO-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 805 Bolivar 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 limitedto, 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 mcItiOn to approve this Re
seconded by FM +Adtzer
by the following vote [l
solution was mt de Py A\t pDF, FAB>ice ,„q' This Resolution was pas ad and approved
Aye
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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, the aday of Ad _, 2022.
1(11h JIr E ]8:1u!#1f1![ ]B?ID) ][ ][ ILr 1DSI
Page 2 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY b\\t 1111111/
2 a,
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
BY,_ \N,LVcM,\on.com, c=US
Date: 2022.04.05 1 1 :21 :12 -05'00'
of Denton.
\W'L email=maIceIIa.lunn@cityofdent
Page 3 of 3
EXHIBIT “A“
BEING A 0.6364 ACRE TRACT OF LAND SITUATED IN THE BACON ADDITION.ABSTRACT NO. 31, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS ANDBEING MORE PARTICULARLY DESCRIBED AS:
All thciac certain lot8 r tract8 or parcel8 of land sItuated in the City :$of lkntan, Staee oC lbxaa, and being Iota 4 and S and t:b8 South 13,7 – ii-'feet of Lot 3, laI Block 4, Bacon AddItIon, an AdditIon to the CIty oE i.IX3nton, IUxa6, a8 8haun by the Rovl8ed Plat of 8aid addItion of ricord i:In Vol. I, page 6-v2 , Plat Record8, Denton County, Texa8, and nnre ii. .partIcularly da8ari.Ind aa follewa t !iBEGINNiNG at the 60uthaa8t eorr,or ef 8ald Bleak Pa, 4 f . i'iTHENC= North 153-7/10 feet wIth the Beat IIne of add Block for earnerIn 6ama JrH@tc£ Wbat 180 feet for oornQrr iiI;THENCE South 153-7/10 feet £or oornar in the South IIne of 8ald Bloek lcNo4;THENCE East 180 foot wIth 8ald South IIne to the Plaae oE BegInning, iI;and beIng the 8azn ) roperty as conveyed in Warranty Und dated Jan tIary !!1, 1978 by Gary D, NIl}per and wIfe, Freda J, NII)perf bo Banana A, Oreia };and #ife,–OliVi H, C,riBa I filed for record Janujjy 1, 1978 , under Clerk 1 bFile NoB ISII and recorded in Vol, 8721 page 35, Dead R8eord• of Denton t.County p IFaxa8 + !!
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