Loading...
HomeMy WebLinkAboutHLN24-0004aRESOLUTION NO. HLN24-0004a A RESOLUTION OF THE CITY OF DENTON APPROVING AN APPLICATION FOR A PARTIAL 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 1120 N LOCUST STREET, LOCATED ON THE EAST SIDE OF N LOCUST STREET BETWEEN SAWYER AVENUE AND 2ND STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL24-OO04A) 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 1120 N Locust Street, legally described as set forth in Exhibit A, attached, and designated for purposes of ad vatorem tax appraisal and assessment as DCAD property ID 33525 (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 February 7, 2017, by Ordinance No. 2017-041, the City Council of the City of Denton designated the Property as a Historic Landmark under the Denton Development Code; and WHEREAS, On November 18, 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 1120 N Locust 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(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 1120 N Locust 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 Paul Meltzer and seconded by Joe Holland. This Resolution was passed and approved by the following vote [ 7 - 0 ]: Aye X X X X X 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:X Jill Jester, At Large Place 6:X Page 2 of 3 PASSED AND APPROVED this, the 17th day of December, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY b\\\IIt I fIll LaBY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scutt Bray Deputy CIty Altunrey Page 3 of 3 EXHIBIT “A“ FIEID NOTES to dI that uriah k& tnt. or panId of hIM $Rudd h tIn B.B.B. & C.RR Go, SUIvey, Ab6bnd Mrmtw IB5, IhIv&xI Cixxrly, Texn. arxI bdru all of a bug of hrH des(FtBd in a {baI frrxn Mk+ml B. PNHp8 ard StMVU J, PNlip8 Oo Fk>dn8y VWlbm Han, 88 IBCXXClnl kl County Cbrk FSa Mrrntnr ax12-109358, Real Property Rux>rIb, D8nkin County, TQx8£, tIn &IIM trad IUng #nIe paaicukrb ducrl>al as hllkrw8; BEGIhNING at aNF bIn ml hurd on tie Ead tire Of hhrth IJXXJg S&reettxttn Nortlrwest oonnr<#ttnhn9h dncrtbHl tIM. IIB Mlrthwe8loQrner {f$ddHdre trw28ndttnSCXIMwn$twrnrofa bad if hrxilb%ritndha(bodba CiMbs D.Takrtxn aux, m nexxtbd in County C:Ink Ffh Nwltnr 2tx)2-2axx3, FUel nI)party Recxxd8, [bnlc>n Call+y. Tons, from H4lk$ 8 PK naI faurxI tx the Narthuestmrrw Beret#bun MxthCX3 doon% 17 mlrul86 45 sewn& £89t, a dig&nae (f 55.53 feet, from wIlkS a IIP kun rod fwrU on IIe Ent Wu of nd Street bean lkvthCBdage89 Q7 wHwtw 57 80cxxxl8 Wed, a astarin c# 124.W fe# THENCE allah 891%ws oa trlrwU8 IO88txxrd8 E8BlwRh the BaRn Hne tf baH Ttlalscxr trad and the N<xth lbw of wU Hain trad. a digtancn of 14Q.52 hd to a 112- haI ml found fIX the l&rtlna8t cameflhHH# THENCE South 00 de9988 29 mimbe9 SB gnirId$ E89twKh the East lirwof8dd Hain &act,adktwxn<f74.06fedb aaR cMmetalfBW pa'st Rx the $wllleagt wrw theroN aIR! the $outtlw9 gt wrw if a baclaf land de8alial in a lbwIID L. Ruth LrHmW, a8 mxyxlal in Cwnty Clerk FBeNumtnr ax)&42687, Reel Plx4wty R<nnI& Denbn County, TexB8: THENCE S<xah Be dog9e8 la mhwh6 tB 8etxxxIg Wwt uilh tIn South Ure oF 8dd Hd© tInt dong © nw a fBne& 8dldarm d 181.15 feet b m W cut set in the East IIne d nhl $bed for the $tnttrwwtmnnr IfFbReVet& THENCE M)nh v#thttnWnt Ihn thOMf and the East IMo af sakl Street, akiN or rm tIn East nbe cfa a>neMo walk and tIn Wea wbetfatxkk wHI. a dIsbrIn of 78.68 fed b ttn PIACE OF BEGINNl193 8tH amknlng 026 aF an awe of INd note or in8,