Loading...
HomeMy WebLinkAboutHLN24-0005aRESOLUTION NO. HLN24-0005a 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 1900 WESTRIDGE STREET, LOCATED ON THE NORTH SIDE OF WESTRIDGE STREET, JUST EAST OF HIGHLAND PARK ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL24-0005 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 §10-128(c) of the Denton Code of Ordinances, the owner of the real property located at 1900 Westridge 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 29419 (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 September 17, 2024, by Ordinance No. HL24-0003b, the City Council of the City of Denton designated the Property as a Historic Landmark under the Denton Development Code; and WHEREAS, On October 14, 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 1900 Westridge Street, satisfies the tax abatement criterion set forth in Section 10-128(c) 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 910-128 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(a)(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, fifty percent (50%) of the assessed value of the structure located at 1900 Westridge Street and Eligible Land. Pursuant to § 10-128(c) of the Denton Code of Ordinances, the Property shall only be eligible for this tax abatement while it maintains its designation as a historic site. 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 Brian Beck and seconded by Brandon Chase McGee. This Resolution was passed and approved by the following vote [ 7 - 0] Aye X X X Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3 :X Joe Holland, District 4:X Brandon Chase McGee, At Large Place 5:X Jill Jester, At Large Place 6:X Page 2 of 3 PASSED AND APPROVED this, the 17th day of December, 2024. ( + 1V1[Jr!IIIL Y 0 R ATTEST: LAUREN THODEN, CITY SECRETARY (dantE~ Ahab \\\\\\ tIll III APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY Scott Brat Depuiy CIty Attorney Page 3 of 3 EXHIBIT “A” BEING A TRACT OF 1,AND SITUATED IN THE hM.B. TOMPKINS SURVEY, ABSTRACT NUMBER 1246, IN THE CITY OF DENTON, DENTON COUNTy, TEXAS; SAME BEING THAT TRACF OF 1.AND DESCRIBED BY DEED TO ASHLEICH NtKOLE PEMBROKE, AND VANCE ASHER WEINI'AUB, RECORDED UNDER COUFWY CLERK'S rULE NUMBER (('£'.F.N.) 2e17{70Q2 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D.nD.C.T.); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BrOWNiNG AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAFr CORNER OF A TRACT OF LAND DESCRIBED BY DEED 1 K) RUBEN RNAS, RECORDED UNDER C.C.FA. 281$37296 or TIn D.R.D.C.II; SAME 8£rNG ON THE NORTH RICHT4)F-WAY (R.O. W.) or WFJTRIDCE STRFFF; THENCE NORTH 81 DEGREES 23 MINUTES 56 SECONDS WEST, WITH THE EAST LINE or SAIl> nlVAS TBLACT. A DISTANCE OF 11161 r£ET TO A 1/2 INCH IRON ROD wITn BLUE -OTS” CAP SET FOR nIE NORTHEAST CORNER THEREOF; SAME BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED BY DEED TO RUBEN RIVAS, RECORDED UNDER era.N. 20lh372B8 OF THE D.R.D.C'T.; THENCE NORTH 01 DEGREES 13 MINUTFS 12 SECONDS WEST, WITH THE EAST LINE OF SAID RWAS TRACT, A DISFANC£ QF 7$.15 FEET TO A 58 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER THEREOF; SAME BEING ON THE SOUTH LINE OF A TrucT OF LAND ursc'RrnEr) By n££n TO c}IIn-MiN VAJnA, AND nwEI.HWA VAJRA, RECORD£DUNI)£n c.c.nB. 97dH2 147 OR THE O.R.D.C.T.: THENCE NORTH 89 DEGREES 54 MUvtrrES 48 SECONDS EAST, WITH THE SOUTH LINE or SAID Vhlkh TRACr. ANn rASsnqG THX $OUTU£ASI COgNER T8ER£OEi $AM£ BEING THE SOUTHWEST CORNER OF A THLAlrr OF LAND DFSCRIBED BY DEED TO VXIRA btAST£kq rouNOATroN, R8CORD£D UNDER c.c#.n. n4100743t OE THX D.R.D.C.T.; IN ALL A TOTAL DISTANCE OF 165.17 FEET TO A POINT FOR THE NORTHWEST CORNER OF A TRAm OF LAND D+5CIUBED BY DEED TO GRACE ANNE MCKAY TRI AND BUMS MCKAY LIVING TRUST} RECORDED UNDER CTCpF+Na 201$53W2 OF THE D.RD.C.T.; THENCE SOUTH 02 DEGREFS 20 MINUIFS 36 SECONDS WEST, WITH THE WWF LINE OF SAID MCKAY TRACT, A DlgrANCE OF 19850 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER THEREOF; SAME BEING ON THE NORTH R.O.W. LINE OF SAID WE$TRIDC£ SIREET; THENCE NORTH 72 DEGREES II MINUTES 45 SECONDS WFSTt WItH TIIE NORTH no.w. IINE Of SAID WESTRIDCE STREET, A DISTANCE OF 2436 FEET TO A 112 INCH IRON ROD WITH BLUE nOTiP CAP SET FOR CORNER AT THE BEGINNING OF A TANCENr CURVE TO THE LEFr WITH A RADIUS OF 125.00 PEEr; THENCE ALONG TIU NORTH no. W. LINE Of SAID WWERIDC£ STReET, AN Anc nrsTANc£ aF 38,97 r££T. A n£LrA ANCLt or 17 D£t;Rrrs Sl MINUT£S 41 SEcuNns, AND A CHORD B£ARrNC AND DrSrANCE or NORTH 80 D£GR£tS 47 MINtTFE8 Q4 Mtmil'©w: 38.81 r££T ’ro An “x” CIIT IN coNCnr:rt FORcoRn£R; THENCE NoirrH IB DECREFS 55 MiNurF,s 42 SECONDS WWF, wmi TIIE NORTH RO.W, LINE OF SAID WESTRIDCE STREET, A DISTANCE OF 91.32 FEET TO THE POINT OF RtGINNUqG, CONTAINING IN AI'L O.680 ACRFS OF LAND, MORE OR LESS AND BEING suBJEcr Tt) ANY AND ALL EASEhIENTS WHICH MAY AFFWr.