Loading...
HomeMy WebLinkAboutHLN24-0006bRESOLUTION NO. HLN24-OO06b 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 1526 WILLOWWOOD STREET, LOCATED ON THE NORTH SIDE OF WILLOWWOOD STREET, BETWEEN KENDOLPH DRIVE AND MCCORMICK STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL24-OO06B) 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 1526 Willowwood 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 35093 (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. HL24-0002b, the City Council of the City of Denton designated the Property as a Historic Landmark under the Denton Development Code; and WHEREAS, On December 9, 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 1526 Willowwood 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 §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 1526 Willowwood 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 Jill Jester and seconded by Brian Beck. This Resolution was passed and approved by the following vote [ 7 - 0 ]: Aye J J J Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer. District 3 :J Joe Holland, District 4: / Brandon Chase McGee, At Large Place 5 : J Jill Jester, At Large Place 6: # Page 2 of 3 PASSED AND APPROVED this, the 14th day of January, 2025. ETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY [\\\tI11 11///ON (yaMAl& ,]hQdl/,iiI::.X •qt 111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bray Deputy Cllr Attorney Page 3 of 3 EXHIBIT “ A” AtfngRtBh IOL nda mwH WM# bJB ARaBIa#By,.A+.MM!Wta&h+naBlpt g:::: $!! ng%{:i:Hg;m!i!!MIMI;}:#m::::iE!in dlkwi i BBnlIBda Iatala#HgUMha 80&WBBteaRat dguM daRKMMMnaidtb8#ha8lnRBF ll Mi}Mx9hen idihl;bli&$d681dRaodW+ai–d&th#WIHdUJQgikhWD, bBqi& eIa ma©d-o#ibnoWRV,rbuhlh WI the da-@lnd'HmHWld eM r THHWBNHh98 HOwden&n 188dNXhWWHt qH Wd lIB d+$dRew bBq BIAIR681the€1uH & mil-ii;aM afi a:ifba dialled-iidhnhdhd:hr dn&hM 8&ythIHedth@%©8$&&idx61,ei Rdattin-6’hii3tyd60nh eeoQdhg d6i PUtInd wWd'tne&tAd k.Fege BIt FUnddaMs d DBnhn OcW,Toa6 THENae8wHtgB Dqin816 MInUte& 44-8&qwd8 E&dwRh ++8 WIRto of uldPaTy,+VXw#rBv®Uth Rte 61 ldidbiB;ii&}iiWifii£Hb BUnariMla©uBdhtH8+ +10889 hebe W hHHwt& pOBI formud#u80WBwt ogrnJd wH Rbh8Mdn WIn 4nd4h8WeBt#lyBaRhw$# garb dHwAH8&hnd biGBAhia gn iiilliiiit§ ebdiii#h idMi}&bih8 }bt Ill did nHaidh:e£btndMi&98®ii:pht RMB#dBIdaMian ewnlVe Tan; IHmQB eea H Di#Be98Mtnuta48 8qdoad8 E$BtWtl#IIB NpfthlnBgtrRUPelW bBa ddbt&nH 818&e&aol ba tPuppd bon 6dBdbrwo#aIR MMI MHra UldWWtB ad DWldAddWn: wleNGE8axh Q8 Own•aBWn31 WxfI Wbg wOthe q8rtJtneofrIHP8try tHR.e,PWd q9.eNdbBa na bug in lb Hath in dead md rd#Bnda ot4Q&BBhBl8ndaMndhg qidd OdIdee@Id#gnu d 43B.8ahdb8 polnl{oteonwlnaHnnd rt b€8Wlhw6r! wmel gt ntd AbI&laid DwH Addlk;a: THENCE N#th 80 DejBa le Mhutn 16'B6bord8WHt Mtb uII mad &dhbrle+ of 70.10 IUla a poInt for eanw; THENGE Netl a3 DejIHe 87 UlnulOB B7 B8 bda dbtaroeof IT,tq tbbt b a 1/? iran rrxi found for eottr8r in 0HNath lbw of 84U n–Hdl I THENCENBh B8 Degw891MlnUb&&888MdB WeII watl tlteNwth tIm ofnldHrd o dbta®e et.IDeaBUt IO hp PWE OP BegIN#INaBndBgnbINnl 1.7p @188 ,fl,nd nmb IBn,