HomeMy WebLinkAboutOrd 589 Designating Tax Abatement Reinvestment Zone 3 for Deliotte UniversityTOWN OF WESTLAKE
ORDINANCE NO. 589
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING
COMMERCIAL/INDUSTRIAL TAX ABATEMENT REINVESTMENT ZONE NO.
THREE (3), IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES,
TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, the Board of Aldermen ("Board") of the Town of Westlake, Texas
("Town"), desires to promote the development or redevelopment of a certain contiguous
geographic area within its jurisdiction by the creation of a reinvestment zone ("Zone) for
commercial/industrial tax abatement, as authorized by Chapter 312, Property Redevelopment and
Tax Abatement Act, Texas Tax Code, Subchapter B, Sections 312.201 and 312.202, as amended
(the "Code"); and
WHEREAS, the Town has elected to become eligible to participate in tax abatement; and
WHEREAS, a public hearing at a regularly scheduled meeting before the Board was held
at 7:00 p.m. on the 24t day of March, 2008, such date being at least seven (7) days after the date
of publication of the notice of such public hearing in a newspaper having general circulation in the
Town as required by the Code; and
WHEREAS, notice of the public hearing was delivered to the presiding officer of the
governing body of each taxing unit located within the proposed reinvestment zone at least seven
(7) days before the date of the public hearing; and
WHEREAS, the Town at such hearing invited all interested persons, or their
representatives, to appear and speak for or against the creation of the proposed reinvestment zone,
the boundaries of the proposed reinvestment zone, whether all or part of the territory described in
this ordinance should be included in such proposed reinvestment zone, and the concept of tax
abatement; and
WHEREAS, all interested persons spoke and the proponents of the reinvestment zone
offered evidence, both oral and documentary, in favor of the creation of the proposed reinvestment
zone and the proponents also submitted evidence as to the proposed improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. That the facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated herein in their entirety.
SECTION 2. The Town, after conducting such hearings and having heard such evidence
and testimony, has made the following findings and determinations based on the testimony and
evidence presented to it:
(a) That a public hearing on the designation of the reinvestment zone has been properly
called, held and conducted and that notices of such hearings have been published as
required by law and delivered to all taxing units located within the proposed
reinvestment zone;
(b) That the boundaries of the reinvestment zone should be the area as described in the
metes and bounds description attached hereto and identified as Exhibit "A", which
are incorporated herein for all purposes and which area is within the taxing
jurisdiction of the Town;
(c) That the creation of the reinvestment zone for commercial/industrial tax abatement,
with boundaries as described in Exhibit "A" attached hereto will result in benefits to
the Town and to the land included in the Zone and to the Town after the expiration of
any Tax Abatement Agreement entered into and the improvements sought within
the Zone are feasible and practical;
(d) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the
criteria for the creation of a reinvestment zone as set forth in the Code, as amended,
in that it is reasonably likely as a result of the designation to contribute to the
retention or expansion of primary employment or to attract major investment in the
Zone that would be a benefit to the property and that would contribute to the
economic development of the Town; and
(e) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the
criteria for the creation of a reinvestment zone as set forth in the Town of Westlake
Tax Abatement Policy, which Policy establishes guidelines and criteria governing
tax abatement agreements by the Town and provide for the availability of tax
abatement for both new facilities and structures and for the expansion or
modernization of existing facilities and structures.
SECTION 3. That pursuant to the Code, the Town hereby creates a reinvestment zone for
commercial/industrial tax abatement encompassing only the area described by the metes and bounds
in Exhibit "A" attached hereto and such reinvestment zone is hereby designated and shall hereafter
be designated as Reinvestment Zone No. Three (3), Town of Westlake, Texas.
SECTION 4. That the Town shall deliver to the Texas Comptroller's Office prior to May 1,
2008, a general description of the reinvestment zone, including its size, the types of property
located in it, its duration, and the guidelines and criteria established for the reinvestment zone under
Section 312.002 of the Code, including subsequent amendments and modifications of the guidelines
or criteria.
SECTION 5. That the Zone shall take effect on the 20' day of March, 2008.
SECTION 6. If any portion of this ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Board hereby determines that it would have adopted this ordinances without the invalid
provision.
PASSED AND APPROVED ON THIS 24" DAY OF MARCH 2008.
Cyd
Scott Bradley, Mayor
ATTEST:
Of
Sutter, T C, Town Secretary Q7!��x
terim T M ager
APPROVED AS TO FORM:
Stan Lowry, o orney
EXHIBIT IA'
ORD N0.589
LEGAL DESCRIPTION
PROPOSED REINVESTMENT ZONE
BEING a tract of land situated in the Jesse Gibson Survey, Abstract Number 592, the G.
Hendricks Survey, Abstract Number 680, and the Jesse Sutton Abstract No. 1451 and the Chas
Medlin Survey, Abstract Number 1958, Tarrant County, Texas, and being situated in the Jesse
Sutton Abstract No. 1154 Denton County Texas and being a portion of that certain tract of land
(Tract 2) as described by deed to AIL Investment, L.P., as recorded in Volume 13275, Page 542,
County Records, Tarrant County, Texas, and a portion of those tracts of land (tracts 1 & 2) as
described by deed to AIL Investment, L.P., as recorded in Volume 13883, Page 335, County
Records, Tarrant County, Texas, and a portion of that certain tract of land described by deed to
Lakeway Land, Ltd., as recorded in Volume 13978, Page 222, County records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the north line of proposed Roanoke -Dove Road where it intersects the
west line of said AIL Investment tract (Volume 13883, Page 335 tract 2);
THENCE N 00008' 56"W, 664.08 feet;
THENCE S89059'38"W, 23.21 feet;
THENCE N 00°04'20"E, 200.04 feet;
THENCE S 89047'29"W, 391.05 feet;
THENCE N 00°09'35"W, 461.81 feet;
THENCE N 00002'25"W, 818.71 feet;
THENCE N 43012'43"E, 127.27 feet to the beginning of a curve to the left;
THENCE 320.00 feet along the arc of said curve, through a central angle of 37°20'29", whose
radius is 491.00 feet, the long chord of which bears N44° 49'54"E, 314.37 feet;
THENCE N 26°09'38"E, 100.00 feet to the beginning of a curve to the right;
THENCE 124.87 feet along the arc of said curve, through a.central angle of 12°54'51", whose
radius is 554.00 feet, the long chord of which bears N32°37'03"E, 124.60 feet;
THENCE N 39004'28"E, 195.82 feet;
THENCE N 49047'43"W, 121.24 feet to the beginning of a curve to the right;
THENCE 551.83 feet along the arc of said curve, through a central angle of 27°15'27", whose
radius is 1159.96 feet, the long chord of which bears N32'50'1 I "W, 546.64 feet;
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THENCE N 00041'56"W, 1439.38 feet;
THENCE S 75035'35"E, 821.08 feet to the beginning of a curve to the right;
THENCE 371.00 feet along the arc of said curve, through a central angle of 48118'39", whose
radius is 440.00 feet, the long chord of which bears S51°26' 16"E, 360.11 feet;
THENCE S 27016'56"E, 214.64 feet to the beginning of a curve to the left;
THENCE 880.40 feet along the arc of said curve, through a central angle of 90°04'39", whose
radius is 560.00 feet, the long chord of which bears S72°19'1 5"E, 792.49 feet;
THENCE N 62038'25"E, 197.55 feet to the beginning of a curve to the left;
THENCE 1075.06 feet along the arc of said curve, through a central angle of 54°23'23", whose
radius is 1132.50 feet, the long chord of which bears S59020'00"E, 1035.15 feet;
THENCE S 86°31'42"E, 199.20 feet to the beginning of a curve to the left;
THENCE 554.97 feet along the arc of said curve, through a central angle of 15°16'08", whose
radius is 2082.50 feet, the long chord of which bears N85°50' 14"E, 553.33 feet;
THENCE N 78012'10"E, 800.32 feet;
THENCE S 09034'05"E, 892.93 feet;
THENCE S 16042'32"W, 1518.12 feet;
THENCE S 00053'35"E, 573.79 feet;
THENCE S 11 °28'06"E, 564.14 feet;
THENCE S 70037'22"W, 349.16 feet to the beginning of a curve to the right;
THENCE 253.38 feet along the arc of said curve, through a central angle of 19°21 '24", whose
radius is 750.00 feet, the long chord of which bears S80°18'04"W, 252.18 feet;
THENCE S 89°58'46"W, 1261.17 feet;
THENCE 89000'39"W, 1253.71 feet;
THENCE S 87°42'32"W, 718.15 feet;
THENCE S 8840'26"W, 272.28 feet to the POINT OF BEGINNING and containing 387.95
acres of land, more or less.
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THIS LEGAL DESCRIPTION IS FOR CONTRACT PURPOSES ONLY AND SHOULD
NOT BE USED FOR THE CONVEYANCE OF REAL PROPERTY.
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