HomeMy WebLinkAboutHLC24-0001aRESOLUTION NO. HLC24-0001 a
A RESOLUTION OF THE CITY OF DENTON, 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 903 W OAK STREET, LOCATED ON THE SOUTH SIDE OF
W OAK STREET BETWEEN FULTON STREET AND MOUNTS AVENUE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL24-0001 A)
WHEREAS, Article 8, Section 1-f of the Texas Constitution and Section 11.24 of the
Texas Tax Code enables 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 903 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
35006 (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 21 st, 2012, by Ordinance No. 2012-189, the City Council of the
City of Denton designated the Property as a Historic Landmark under the Denton Development
Code; and
WHEREAS, On May 13, 2024, the Historic Landmark Commission of the City of
Denton 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 903 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 903 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 \his Resolution was made by By\ H, I +It / and
seconded by V. t kJ - -B yr J . This Resolution was passed and approved
by the following vote L-L - L] :
Aye
/
,Z
,/
./
a
b/
P/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thi,, the 2\ > tday of ml/_, 2024.
GERARD HUDSPETH, MAYOR
Page 2 of 3
ATTEST:
LAUREN THODEN, CITY SECRETARY
_abd/L
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
MgB--- A;!?' -':3.:-oBY: Ca/ -05'OO'
Page 3 of 3
EXHIBIT “A”
BEING a 0.420 acre tract of land situated in the E. PUCHALSKI SURVEY, Abstract No. 996, in
the C::ity of Denton, lknton County, Texas, and being all of that certain tract of land dc8edbed hy
deed to Christopher C. Moran and Shannon K. Moran, as recorded in Document No. 2008-
95476, of the Real ProTmty Records of Denton County, Texas (R.P.R.D_C.T.), and being arore
paniculady descritnd as follows:
BEGINNING at a l£2 inel iron rod fbuId for the northmst corner of the heTeill deuribed traer,
ume t#ing the nonhwe§t corner of that certain tract of land dcwdbcc! by deed to Richard D.
llayw arId wife, Helen B. llayes, as rworded in Volume 1732, Page 822, R.P.R.D,e.T,, aid
IUng in tIn south line of West Oak Street (a 60 foot debt,of-way);
TIIENCE South CD degrees 00 minutcs (X) neonds East with the West line ofs8id Hayes tract. a
distance of 183.38 feI to 8 5/8 inch iron rod found for tIn northms! corner of a tract of land
dewribed by deed to McKi$s8ek Residential PaRtlers 1, Ltd., a Texas linitcd pallnership, as
rwgrdrld in Volume 4744, Page 2187, 1LPJl_D.C.’i'.;
THENeF South 89 degren 54 aintItes 59 seconds West, p&ssirlg en route tIn northeast corner of
a tract of land described by deed to Wynstone Investments, LLC, as rnorded in Document No.
2009-134922, R.P.R.D,C.T„ continuing on said course for a total distance of 100. CD f6et tn a in
inch iron rd with wp stamIHd "ALLIANCE'' found far corner in the east line of a amt of land
described by dud to Jury D. Barnes and wife, Carolyn N. Barnes, as recorded in Volume 2533,
Page zHI;, R.P.R,D.C.T.;
THENCE North 00 degrees oa minutes (Xi smallds West, passing en rout£ the southeast corner
of a tract of land described by deed to Robert E, Lee C&jxh, Jr. and wife, Peggy W. Capps, as
recorded in Val tune 3229. Page 978, R.P.R,D.C.T., continuing an said course for a totnI distance
of 182.90 feet to a 1/2 inch iron rod found for corner in the south line of mid West Oak Stnel;
THENCE North 89 degrees 38 minutes 36 wcands East, with the south line of said West Oak
Street, a distance of 100,00 feet to the POINT OF BEGINNING and containing a total of 0.420
acrw of land. ulon or less.