HomeMy WebLinkAboutOrd 304 Designating a Tax Abatement Reinvestment Zone Number 1ORDINANCE NO. 304
AN ORDINANCE DESIGNATING THE FOLLOWING DESCRIBED LAND
COMMERCIAL/INDUSTRIAL TAX ABATEMENT REINVESTMENT ZONE
NO. ONE (1), IN THE TOWN OF WESTLAKE, TARRANT AND DENTON
COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
A SEVERABILITY CLAUSE.
WHEREAS, the Board of Alderman ("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 (the"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, 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
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30 p.m. on the Ah day of'tff} , 1998, 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 CITY COUNCIL OF THE CITY 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 commercia/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;
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(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. One (1), Town of Westlake, Texas.
SECTION 4. That the Town shall deliver to the Texas Comptroller's Office prior to April
1, 1999, 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 3x17 day of ,iu£y, 1998.
SECTION 6. If any portion of this ordinance shall, for any reason, be declared invalid by
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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 BY THE BOARD OF ALDERMAN OF THE TOWN OF
WESTLAKE, TEXAS, this day of A.D., 1998.
MAYOR, TOW7F WESTLAKE, TEXAS
ATTEST:
O jSECRETARY,
TOWN OF WESTLAKE, TEXAS
APPROVED AS TO LEGALITY AND FORM:
TOWN ATTORNEY,
TOWN OF WESTLAKE, TEXAS
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LEGAL DESCRIPTION
309.305 ACRE TRACT
BEING A TRACT OF LAND SITUATED IN THE CHARLES MEDLIN SURVEY, ABSTRACT NUMBER
823 (DENTON COUNTY), ABSTRACT NUMBER 1084 (TARRANT COUNTY), THE MEMUCAN HUNT
SURVEY, ABSTRACT NUMBER 756(TARRANT COUNTY) AND THE J.BACON SURVEY, ABSTRACT
NUMBER 2026 (TARRANT COUNTY), TOWN OF WESTLAKE, DENTON AND TARRANT COUNTIES,
TEXAS AND BEING ALL OF THE TRACT OF LAND CONVEYED TO HILLWOOD/1088, LTD.,
RECORDED IN VOLUME 12260, PAGE 1948 OF DEED RECORDS, TARRANT COUNTY, TEXAS, ALL
OF THAT TRACT OF LAND CONVEYED TO SCOTT BRADLEY AND WIFE KELLY PACE BRADLEY,
RECORDED IN VOLUME 6395, PAGE 67 OF DEED RECORDS AND BEING A PORTION OF THAT
TRACT OF LAND CONVEYED TO HILLWOOD/WILLOW BEND, LTD., RECORDED IN VOLUME 11316,
PAGE 2235 OF DEED RECORDS, TARRANT COUNTY, TEXAS AND UNDER COUNTY CLERK'S
NUMBER 93-R0075228 OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE, FOUND AT THE INTERSECTION OF THE APPROXIMATE
CENTERLINE OF PRECINCT LINE ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE
CENTERLINE OF ROANOKE-DOVE ROAD (A CALLED 50 FOOT RIGHT-OF-WAY);
THENCE WITH THE APPROXIMATE CENTERLINE OF ROANOKE-DOVE ROAD THE FOLLOWING
BEARINGS AND DISTANCES
S 89°50'03"W, 1942.81 FEET;
N 86.34'52"W, 550.83 FEET;
N 82°28'16"W, 252.07 FEET;
S 65°50'11"W, 562.77 FEET;
S 71004'02W 198.77 FEET;
THENCE N 11'01'26"W, 589.37 FEET, DEPARTING SAID APPROXIMATE CENTERLINE;
THENCE N 00026'55"W, 573.79 FEET;
THENCE N 17°09'12"E, 1518.12 FEET;
THENCE N 09°07'25"W, 892.93 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE TO THE
LEFT;
THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 1369.14 FEET,
THROUGH A CENTRAL ANGLE OF 58052'17", HAVING A RADIUS OF 1332.50 FEET, THE LONG
CHORD OF WHICH BEARS N 49012'42"E, 1309.71 FEET;
THENCE N 19°46'33"E, 318.45 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY
114 (A VARIABLE WIDTH RIGHT-OF-WAY);
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THENCE WITH SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES
N 70°39'43"E, 64.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 443.43 FEET,
THROUGH A CENTRAL ANGLE OF 04°25'08", HAVING A RADIUS OF 5749.58 FEET, THE
LONG CHORD OF WHICH BEARS S 72°08'30"E, 443.32 FEET;
S 63°32'03"E, 238.74 FEET;
N 84°41'23"E, 154.28 FEET;
S 76°41'49"E, 119.54 FEET;
S 45°55'45"E, 116.36 FEET;
S 75°22'11"E, 296.05 FEET;
N 69029'26"E, 98.90 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 204.65 FEET,
THROUGH A CENTRAL ANGLE OF 02003'13", HAVING A RADIUS OF 5709.58 FEET, THE
LONG CHORD OF WHICH BEARS S 72°10'21"E, 204.64 FEET;
S 71-03'31"E, 736.07 FEET, TO THE NORTHEAST CORNER OF SAID HILLWOODIWILLOW BEND
TRACT, IN THE APPROXIMATE CENTERLINE OF AFOREMENTIONED PRECINCT LINE ROAD;
THENCE S 00030'00"E, 1386.00 FEET;
THENCE S 23°5544"W, 87.29 FEET;
THENCE N 89°19'34"W, 164.44 FEET;
THENCE S 06048'1 TIN, 137.96 FEET;
THENCE S 89°43'41"E, 50.00 FEET;
THENCE S 00°1619"W, 2147.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 13,473,328
SQUARE FEET OR 309.305 ACRES OF LAND MORE OR LESS.
FOR INFORMATIONAL PURPOSES ONLY
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