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HomeMy WebLinkAboutHL22-0002aHL22-0002aRESOLUTION 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 THEDENTON MUNICIPAL CODE OF ORDINANCES, FOR A LOCAL HISTORIC LANDMARK, LOCATED AT 607 PEARL STREET, GENERALLY LOCATED ON THESOUTH SIDE OF PEARL STREET, BETWEEN DENTON STREET AND CARROLLBOULEVARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL22-OO02A) 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 §lo-128(c) of the Denton Code of Ordinances, the owner of the real property located at 607 Pearl 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 32640 (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 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 607 Pearl 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, thedetermination 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 theassessed value of the structure located at 607 Pearl 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 aeS% -hds and seconded by Or iMa MR . This Resolution was pas;land approved by the following vote U - a : Aye Z 1/ y/ i/‘ P/ pr }/ 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: P JrEpIIL S S 1: 1:11 Jr!pIIL 1X[]:) I?If111 P PROVED this pt heYday of Ad920220 GERARD HUDSPETH, MAYOR Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY A\\\ it !111111 P a a HA/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MaKella Lunn DN: cn=Marcella Lunn, o, ou=City,v. Kx#xkcLQf t \tLr\r, , ::.:_„„„„„„„„„" bn.com. c=US Date: 2022.04.05 1 1 :21 :12 -05'00' Page 3 of 3 EXHIBIT “A” BEING A 0.4035 ACRE TRACT OF LAND SITUATED IN THE CARROLL PARKADDITION, ABSTRACT NO. 971, 1N THE CITY OF DENTON, DENTON COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS : EXHIBrr A Alt +,at earlsh lot tIBet or p&ed al Ind tyh9 ald heIRS sItU#ted in the CItY ofanton nd being + PH of Lot B. dI Of Lat 7 nd pet of lat B. Bled I' CattIB PIdAdd tHan. an 8dditon ta the CIty at Del\mr, Denton aunty+ T8xu naKdinB ta tha platnaBd8d kr Veluna TS, Page 17Q. Dead R•cards. Denton Gaul+tVr Tex= end babS nwo tafT de8abed bv m8t++ and bound8 u WawB: BEGINNING at a 1/2 loeb bOII rOd found hthe-SeaM %o of PoM Street and also habIB North 88 d+91888 55 mbItItn 14 8ucndg Eaa'3{}.W fg wt frOm the Northw+81 eurtH of utd Lot 8 nd Bha beIng the NwttH:asl ealne af that e#rtdn traet af land d886rbed in dud la Pad Wydl Wo Hafn•r rwwded in imMuneatnumber 2©13'7a307, R&al n,oporty Recentsq a€nton GountYF Toxu: THENCE dong $dd south lbw, NorM 88 deglon B6 rukwt06 t+ newBd 6 Ent, 89.68 fM to # 1/2 kIel iron 'ad found; THENCE South GO degrees IS rnk&rt•$ 32 8ecatdg Ean, 176-36 tnt to a 1/2 kwhirlw1 rod found; THENCE sowa 89 daqr8#$ 61 rnhuta6 52 #uond8 Wwt, lao.38 hot to e1/2 ina 6quare tub+ found a1 th+ Baud$net gene Of lb+ afonmentl WbWl HeIlte tInt:THENCE along h+ &envIron bn of aid H8tn8r traat aid this &act. North, 175.44 166t toltte %AGE oF BEGINNING nd cont8&tIng O,41) of an us of land Bm8 Or less; NOTE: TIle CwT#by ie plot%ltd born InguiiW tIle an or OBntitV af th• lend de&eal+d heaIn• AnY8tatHnBnt kl the kgd d88edpti,alt eootdned iII SqlhAd• A u to ana a1 cp8ntltY of land isnaI 4 apI+gantaMan that 8udt gin or +reltity b eel+atpbat is wsedo OedV in hfarlwl ©anUtic86an purposes and don nln ov6rrldo IUm 2 of $eh8dule g hwwf . The Rut R99aly IX Its addIe+8 h eQrHmaaty known u 607 PEARL ST. DEHrQN. TX76201 .9081 -