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1987-1891649L NO AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR A PARTIAL TAX EXEMPTION FOR DESIGNATED HISTORIC SITES FOR A PERIOD OF TEN YEARS, PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED CASES, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 22 of the Code of Ordinances be amended by adding a new Article IV to read as follows ARTICLE IV TAX EXEMPTION OF DESIGNATED HISTORIC SITES Sec 22-50 Purpose This article is enacted for the purpose of encouraging the preservation of lndlvldually designated historic sztes by pro- riding for a reductxon o£ the C~ty's property tax to qualifying properties Sec 22-51 Definitions "Designated historic site" shall mean any structure, and the land necessary for access to and use of the structure, which is (a) designated as a Recorded Texas Historical Landmark by the Texas Historical Commzsslon, or (b) ~ndlvldually designated as an "h~stor~c landmark" in accordance with artxcle 28A of Appendix B-Zoning of the Code of Ordinances For purposes of th~s article, a "designated historic site" shall not ~nclude any structure or land that xs a hzstorxc landmark solely because of its inclusion in an h~storlc dlstrlct, as provided for in article 28A Sec 22-S2 Partial Tax Exemption of Designated Historic S~tes (a) Any property which is a designated historic s~te on the first day of January for any year beg~nnzng wxth 1989 and extending to and xncludlng 1998, shall be exempt from real property ad valorem taxes levied by the City of Denton to the extent of fxfty (50%) percent of the assessed value of the deszgnated historic site The exemption provided for herein shall apply for a maxzmum of ten (10) successxve years, beginning with first year the property zs entitled to the exemption durxng the spec~fxed years and continuing and including each and every year of the nine (9) successive years thereafter during which the property ~s a designated h~storlcal s~te on the f~rst day of January of those n~ne (9) years (b) Immediately after the first day of January of each year, the Executive Director of Planning and Community Develop- ment shall notlfy the chief appraiser of the Denton County Appraisal Dlstrlct of all deslgnated h~storlcal sltes that qualify for the tax exemption for that year To receive the exemption provided herein, a person claiming the exemption must apply for the exemption by f~l~ng an application form with the chief appraiser of the Denton County Appraisal D~strict as provided for by State law Sec 22-53 Recapture of Taxes (a) If any designated h~storlc s~te ~s, w~th~n twenty-f~ve (25) years from any year in which the property received a tax exemption under this article 1) removed as a designated h~storlc s~te by ordinance, upon the request of the owner, or 2) removed as a designated h~storlc s~te by ordlnance, after ~t has been determined to have been totally or part~ally destroyed or altered by the wlllful or negligent act of the owner or the owner's agent, ~n v~olat~on of article 28A, an additional tax ~s ~mposed, on the effective date of the ordlnance providing for its removal as a designated historic slte, equal to the difference between the City taxes ~mposed for each year an exemption was made under th~s article, and the taxes that would have been imposed had the exemption not been made, plus interest on the additional amount at an annual rate of seven (7%) per- cent, calculated from the dates on which the additional taxes would have become due ~f not exempted (b) If, ~n provld~ng for the removal of a property as a designated h~storlc s~te because of ~ts being partially or totally destroyed or altered, as provided above, the City Council, after receiving the determination of the H~storlc Landmark Commission and Planning and Zoning Commission, determines, after public hearing for which the owner shall be g~ven notice, that the property was totally or part~ally destroyed or altered by the willful or negligent act of the owner or his representative, in vlolatlon of the historic preservation ordinance, the additional tax provlded for this section shall be imposed PAGE 2 (c) A tax lien attaches to the property on the date it is re- moved as a designated h~stor~c s~te, to secure payment of the add~tlonal tax and ~nterest imposed by this section The lien ex~sts ~n favor of the City of Denton for which the additional tax ~s ~mposed (d) The C~ty tax collector shall notlfy the chief appraiser of the additional tax imposed and shall prepare and deliver a statement to the owner for the additional taxes plus Interest as soon as practicable after removal of the property as a designated h~stor~c site The taxes and ~nterest are due and become delinquent and incur penalties and ~nterest as provided by law for ad valorem taxes ~mposed by the C~ty if not pa~d before the f~rst day of February of the year following the year in which the additional tax is imposed SECTION II That if any section, subsection, paragraph, sentencer clause, phrase or word ~n this ordinance, or application thereof to any person or c~rcumstance is held ~nval~d by any court of competent ]urlsd~ct~on, such holding shall not affect the validity of the remaining port~ons of th~s ordinance, and the C~ty Council of the Clty of Denton, Texas, hereby declares would have enacted such remaining port~ons despite any such invalidity SECTION III That this ordinance shall become effective ~mmed~ately upon ~ts passage and apprqval PASSED AND APPROVED th~s the~4~day of ~]~, 1987 ATTEST APPRDVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 3