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2014-125� M . , �, , _ . �# • � , � • , , / � • r , � ' • • ' , , ' � t ' � � � � � �; ' � c � • � • � � � � � �' � a � � / � � r ` � ' � � �"' s c � � �!� ,� � � �� � �' � � � � � ��•, , � c ' � � � ��•; , ` •;• � ,• WHEREAS, Article 8, Section 1-F of the Texas Constitution and Section 11.24 of the Texas Praperty Tax Code enable 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 VVHEREAS, the City Council of the City of Denton finds such tax relief is needed ta encourage the preservation of historic structures and sites within the Downtown Commercial District of the City of Denton, commercial buildings within historic districts, historic conservation districts or any commercial building that the City Council deems historic ar in need of preservation; and WHEREAS, the City Cauncil also finds that such tax relief will provide ecanomic incentive to develop prajects in historic buildings worthy of preservation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. Section 10-133 of Article VII, Chapter 10, "Finance and Taxation" of the Code of Ordinances of the City of Denton, Texas, is hereby amended ta read as follows: �' ' I �' �' � � . •• . � .. �, Applications for a historically significant site tax exemption pursuant ta this article are to be filed with the Preservation Officer (or such ather city official designated by the City Manager) of the City of Denton, who shall be the agent for the City of Denton for the purposes of administering this article. Each application must be signed by the awner of the property, be acknowledged before a notary public and shall: 1. State the legal description of the property proposed for Certification; 2. Include an affidavit by the owner stating the structure is 50 years old or older and is lacated within the Downtawn Commercial District af the City of Denton, commercial buildings within historic districts, historic conservation districts or any cammercial building that the City Council deems histaric or in need of preservation; 3. Include detailed plans and/ar descriptions af the proposed work demonstrating rehabilitation is in accordance with the current Property Appearance Guidelines adopted by ordinance of the City Council; ltC6DFt77�L1cpxnivcntsl[,egaitOur QocunrcntsiUrdinaucestt4tHistoric Ab:ilmnsN Amendmcut.doc 4. Include cost estimates indicating the repair or rehabilitation of the exterior of the building will equal or exceed 25% of the most recent assessed ad valorem tax valuation of the structure or $20,000, whichever is less. Roof repair or replacement may comprise no more than 50% of the minimum threshold amount necessary to qualify for tax abatement; 5. Include a projection of the estimated construction time and predicted completion date of the historic repair or rehabilitation; 6. Authorize the members of the Historic Landmark Commission, the City Manager or designee, and elected officials to visit and inspect the property proposed for Certification to verify that it is in need of substantial repair or rehabilitation and to verify repair or rehabilitation; 7. Sign an agreement to submit an application for a Certificate of Appropriateness to determine compliance with Property Appearance Guidelines for any exterior modifications to the property for the duration of the period during which the tax abatement is in effect; 8. Include a tax certificate showing all taxes due upon the property have been paid; and 9. Provide any additional information to the Historic Landmark Commission which the owner or Committee deems relevant or useful, such as the history of the structure, access to the structure by the public, or any proposed changes in use of the structure. Each application shall contain sufficient documentation confirming or supporting the information submitted therein. SECTION 2. Section 10-136 of Article VII, Chapter 10, "Finance and Taxation" of the Code of �_._. Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 10-136. PROPERTY APPEA NCE GUIDELINES The Property Appearance Guidelines on file in the office of the Preservation Officer, the Planning Department and such other office as the City Manager may designate, are hereby approved and incorporated herein and made a part hereof for all purposes. The Property Appearance Guidelines shall be periodically reviewed by the Historical Landmark Commission and desired changes by the Commission to such guidelines shall be recommended to the City Council. Any changes to the Property Appearance Guidelines shall not be effective until such changes are approved by the City Council. The City Council may direct the City Manager or the Preservation Officer to propose certain changes to the Property Appearance Guidelines but such changes shall not be adopted by City Council without a recommendation from the Historic Landmark Commission. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of campetent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE 2 \\CODAD�DepxrtmcnlsU.cgal\Our pocwncnls\Ordinm¢cs\I4\Historic Ab�lmncnl Amcndment doc SEaC:`�T"�ON 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 10 of the Code of Ordinances shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the � day of ��'�µ ��"� _ w, 2014 I � '' .��;'[�7.� ATTEST: JENNIFER WALTERS, CITY SECRETARY K BY: .�? APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � w.. d � � �, �� � � 4 � � ��'�` ���;�� BY:_._ �",��- �� �� ���� �_....�, a� "� � �w �� ��� PAGE 3