HL19-0002aS:\Lega1\0ur Documents\Resolutions\19\Fairhaven tax abaternent.dou
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTOI, TEXAS,
APPROVING AN APPLICATION FOR A HISTORICALLY SIGINIFICANT SITE TAX
ABATEMENT FOR THE PROPERTY LOCATED AT 2400 NORTH BELL AVENUE, IN
ACCORDANCE WITH CHAPTER 10, ARTICLE VII, OF THE DENTON CODE OF
ORDINANCES.
WHEREAS, Article 8, Section I -f of the Texas Constitution and Section 11.24 of the Texas
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
WHEREAS, pursuant to §10-133 of the Denton Code of Ordinances, the owner of the
Fairhaven structure and real property located at 2400 N. Bell Avenue, legally described as set forth
in Exhibit A, attached, and designated for purposes of ad valorem tax appraisal and assessment as
DCAD property ID 35658 (hereinafter, the "Property"), has made and filed with the City
Preservation Officer a sworn '. com:#-Ietel. and sufficient a-aalication for tax abatement of the Prour4lk
thereby satisfying all threshold substantive and procedural requirements of §10-133 of the Denton
Code of Ordinances; and
WHEREAS, the Historic Landmark Commission of the City of Denton has received,
reviewed, and recommended the Property to the City Council for tax abatement in accordance with
Chapter 10, Article VII of the Code of Ordinances of the City of Denton, as a historically significant
site in need of preservation; and
WHEREAS, pursuant to § 10- 134 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,
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S E ' C ' T ' ION '- I ", FINDINGS OF FACT. 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 Fairhaven
structure, satisfies the tax abatement criterion set forth in Section 10-131(4) 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 Denton city ordinances.
SECTION 2. Notwithstanding these findings, and in compliance with the limitations set
forth at §10-139 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(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, that portion of the assessed value of
the Fairhaven structure and Eligible Land which exceeds the value assessed for the Fairhaven
structure and Eligible Land in the tax year immediately prior to its renovation.
SECTION 4. EFFECTIVE DATE AND DURATION. This resolution shall become
effective immediately upon its passage and approval. However, the abatement identified in Section
3, above, shall begin on the first day of the tax year following completion of the rehabilitation
project, and continue for a period of ten (10) years following the completion of the renovation,
unless sooner terminated for reasons currently articulated in Chapter 10, Article VII of the Denton
Code of Ordinances. 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.
seconded be motion appµxvtTrs ordinance was made he ��d ►rs�:� ��asscEnl`'�r�r cd lay�1' y the
l'ollowing Vote ��...��"� -� , ` I. � l
Aye Nay Abstain Absent
Mayor Chris Watts:'*
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:'
John Ryan, District 4:
Deb Armintor, At Large Place 5: "` w
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this, the f /1'da�y of 'V, 2019.
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(11k15 WA"T, MAYOR
' Reference Tex. Tax Code §11.43(b), and such other statutory provisions that may apply.
ATTEST:
ROSA RIOS, CITY SECRETARY
BYa,..
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake. Jr.
FWM]111111101111�
All that certain lot, tract or parcel of land, lying and being situated in the City and County of
Denton, State of' Texas, and being a part of a certain tract of land designated as Tract One in a
Warranty Deed from Edwin B, Braly and wife, Iris Braly to Joe W. Nichols and J. L. Ginnings,
recorded in Vol. 434, Page 289, of the Deed Records of Denton County, Texas; and being more
particularly described as follows:
BEGINNING at a steel pin driven by an Oak fence corner post on the South side of a gate, and in
the West Boundary Line of the Joseph Carter Survey, Abstract #268; same being the Northwest
Corner of the past mentioned Tract One, and being the Southwest Corner of the W. Hurst
Addition; also being in the East Boundary Line of the Lee Poole Subdivision-,
T1 IENCE North 88 degrees, 36 minutes East, 300 feet, to a steel pin in an East and West fence
line, for corner-, said corner being in the North Boundary Line of the past mentioned Tract One,
and being in the South Boundary Line of the W. Hurst Addition;
THENCE South, 0 degrees, I minutes, 48 seconds West, 499.99 feet, to a steel pin, for the
Southeast Corner of tract herein described;
1I IENCE South, 88 degrees, 36 minutes West, 275 feet, to a steel pin in the West Boundary Line
of' the past mentioned Tract One, same being in the East Boundary Line of Bell Avenue, and in
the West Boundary Line of the Joseph Carter Survey, Abstract 4. 268;
THENCE North, 3 degrees.. 10 minutes West, along the East Boundary Line of'Bell Avenue, and
the West Boundary Line of Tract One, 168,94 feet, to a steel pin in the North Boundary Line of
Peach Street, said steel pin lbr corner being the Southeast Corner of the Lee Poole Subdivision.,
and being the West Boundary Line of the Joseph Caner Survey, Abstract //268;
THENCE North, 2 degrees. 40 minutes West, along the West Boundary Line of Tract One, same
being an old existing fence line, and also being the East Boundary Line of the Lee Poole
Subdivision, 331.06 feet to the point of beginning.