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HomeMy WebLinkAbout2020-O-05 - Amend TIRZ No. 1 ORDINANCE NO. 2020-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, AMENDING ORDINANCE NO. 2019-O-20 CONCERNING TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF STEPHENVILLE, TEXAS, ESTABLISHED PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, BY EXPANDING THE BOUNDARY OF TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE, CITY OF STEPHENVILLE, TEXAS WHEREAS, the City of Stephenville increment reinvestment zone if the area satisfies the requirements of the Act; and WHEREAS, the Act provides that the governing body of a municipality by ordinance may designate a noncontiguous geographic area that is in the corporate limits of the municipality to be a reinvestment zone if the governing body determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future; and WHEREAS, the City Council desires to promote the development of a certain noncontiguous geographic area in the City, which is more specifically described in Exhibits "A" of this Ordinance (the "Zone"), through the expansion of the boundary of a reinvestment zone as authorized by and in accordance with the Tax Increment Financing Act, codified at Chapter 311 of the Texas Tax Code; and WHEREAS, on April 25, 2019, the City Council of the City of Stephenville, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2019-O-14 designating a contiguous geographic area within the City as a Reinvestment Zone Number One, City of Stephenville, Texas WHEREAS, on April 25, 2019, the City Council of the City of Stephenville, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2019-O-15 approving the Project and Financing Plan for Reinvestment Zone Number One which details the infrastructure costs eligible for reimbursement, City of Stephenville WHEREAS, on July 23, 2019, the City Council of the City of Stephenville, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2019-O-20 expanding the boundaries WHEREAS, on July 23, 2019, the City Council of the City of Stephenville, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2019-O-21 approving the amended Project and Financing Plan for Reinvestment Zone Number One which details the infrastructure costs eligible for WHEREAS, the City Council of the City of Stephenville, Texas, now desires to further amend Reinvestment Zone Number One, City of Stephenville, Texas, to expand the boundaries; and WHEREAS, upon approval of this Ordinance, Reinvestment Zone Number One, City of Stephenville, Texas, will consist of noncontiguous land, as described and depicted in of this Ordinance, a copy of which is attached hereto and is incorporated herein for all purposes; and WHEREAS, amendment reduces or increases the geographic area of the zone, increases the amount of bonded indebtedness to be incurred, increases or decreases the percentage of a tax increment to be contributed by a taxing unit, increases the total estimated project costs, or designates additional property in the zone to be acquired by the municipality or county, the approval must be by ordinance or order, as applicable, adopted after a public hearing that satisfies the procedural requirements of WHEREAS, pursuant to and as required by the Act, the City has prepared an amended Preliminary Reinvestment Zone Project Plan and Financing Plan for Reinvestment Zone Number One, City of Stephenville, attached as Exhibit C (hereinafter referred to as the containing the real property within the Zone; and WHEREAS, notice of the public hearing on the expansion of the proposed zone was published in a newspaper having general circulation in the City on January 25, 2020 which date is before the seventh (7th) day before the public hearing held on February 4, 2020; and WHEREAS, at the public hearing on February 4, 2020, interested persons were allowed to speak for or against the extension of the term, and the concept of tax increment financing, and owners of property in the proposed Zone were given a reasonable opportunity to protest the inclusion of their property in the Zone; the public hearing was held in full accordance with Section 311.003(c) of the Act; and WHEREAS, evidence was received and presented at the public hearing on February 4, 2020, and in favor of the amendment of the Zone; and WHEREAS, after all comments and evidence, both written and oral, were received by the City Council, the public hearing was closed on February 4, 2020; and WHEREAS, the City has taken all actions required to amend the Zone including, but not limited to, all actions required by the home-rule Charter of the City, the Act, the Texas Open Meetings Act (defined herein), and all other laws applicable to the creation of the Zone; and WHEREAS, the percentage of the property in the proposed zone, excluding property that is public owned, that is used for residential purposes is less than thirty percent; and WHEREAS, a Preliminary Project and Finance plan has been prepared for the reinvestment zone. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, THAT: SECTION 1. RECITALS INCORPORATED. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. SECTION 2. FINDINGS. That the City Council, after conducting the above described hearing and having heard the evidence and testimony presented at the hearing, has made the following findings and determined based on the evidence and testimony presented to it: A. That the public hearing on the expansion of the boundaries has been properly called, held, and conducted and that notice of such hearing has been published as required by law; and B. That the the property, residents, and property owners in the reinvestment zone; and C. for the creation of a reinvestment zone set forth in the Act in that: 1. It is a geographic area located wholly within the City limits of the City; and 2. That the City Council further finds and declares that the proposed zone meets the criteria and requirements of Section 311.005 of the Texas Tax Code because the proposed zone is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the City or county. D. That 30 percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is currently used for residential purposes; and E. That the total appraised value of all taxable real property in the proposed reinvestment zone according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, according to the most recent appraisal rolls of the City, does not exceed 50 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, if any; and F. That the improvements in the proposed reinvestment zone will significantly enhance the value of all taxable real property in the proposed reinvestment zone and will be of general benefit to the City or county; and G. That the development or redevelopment of the property in the proposed reinvestment zone will not occur solely through private investment in the reasonable foreseeable future. SECTION 3. DURATION OF THE ZONE. That the expanded Zone shall take effect immediately upon the passage and approval of this Ordinance, consistent with Section 311.004(a)(3) of the Act, and termination of the Zone shall occur upon any of the following: (i) on December 31, 2035; (ii) at an earlier time designated by subsequent Exhibit A Boundary Description Legal Description - TIRZ No. 1 Beginning at the northwest corner of Property ID R000030517, thence East along the northern boundary of Property ID R000030517 to the point it meets the northwest corner of Property ID R000022388, thence East along the northern boundary of Property ID R000022388 to the point it meets the northwest corner of Property ID R000030519, thence East along the northern boundary of Property ID R000030519, thence South along the eastern boundary of Property ID R000030519 to the point it meets the northeast corner of Property ID R000030525, thence South along the eastern boundary of Property ID R000030525 to the point it meets the northeast corner of Property ID R000030526, thence South along the eastern boundary of Property ID R000030526 to the point it meets the northeast corner of Property ID R000055614, thence South along the eastern boundary of Property ID R000055614 to the point it meets the northeast corner of Property ID R000022409, thence South along the eastern boundary of Property ID R000022409 to the point it meets the northeast corner of Property ID R000030523, thence South along the eastern boundary of Property ID R000030523 to the point it meets the northeast corner of Property ID R000075404, thence South along the eastern boundary of Property ID R000075404 to the point it meets the northeast corner of Property ID R000022352, thence South along the eastern boundary of Property ID R000022352, thence West along the southern boundary of Property ID R000022352 to the point it meets the southeast corner of Property ID R000030524, thence West along the southern boundary of Property ID R000030524 to the point it meets the southeast corner of Property ID R000022363, thence West along the southern boundary of Property ID R000022363 to the point it meets the southeast corner of Property ID R000074390, thence West along the southern boundary of Property ID R000074390 to the point it meets the southeast corner of Property ID R000030517, thence West along the southern boundary of Property ID R000030517, thence North along the western boundary of Property ID R000030517 to the point it reaches the northwest corner of Property ID R000030517, which is the point of beginning. Legal Description - TIRZ #1A Beginning at the southern boundary of Property ID R000062670 at the point it meets the northern right of way of W Frey Street, thence East along the southern boundary of Property ID R000062670 to the point it meets the western right of way boundary of N Harbin Drive, thence East across N Harbin Drive to the point the eastern right of way boundary meets the southwest corner of Property ID R000028934, thence South along the eastern right of way boundary of N Harbin Drive across W Frey Street, thence South along the eastern right of way boundary of N Harbin Drive to the point it meets the northern right of way boundary of W Washington Street, thence South across W Washington Street to the point the southern right of way boundary meets the northwest corner of Property ID R000033482, thence West across N Harbin Drive to the point the western right of way boundary meets the northeast corner of Property ID R000061964, thence West across the northern boundary of Property ID R000061964 to the point it meets the northeast corner of Property ID R000061966, thence West across the northern boundary of Property ID R000061966 then north across W Washington Street to the southwest corner of Property ID R000030321, thence North along the western boundary of Property ID R000030321 to the point it meets the southern right of way boundary of W Tarleton Street, thence North across W Tarleton Street to the point the northern right of way boundary meets the southwest corner of Property ID R000031937, thence North along the western boundary of Property ID R000031937 to the point it meets the southwest corner of Property ID R000031936, thence North along the western boundary of Property ID R000031936 to the point it meets the southwest corner of Property ID R000031935, thence North along the western boundary of Property ID R000031935 to the point it meets the southwest corner of Property ID R000031934, thence North along the western boundary of Property ID R000031934 to the point it meets the southwest corner of Property ID R000031933, thence North along the western boundary of Property ID R000031933 to the point it meets the southwest corner of Property ID R000031932, thence North along the western boundary of Property ID R000031932 to the point it meets the southwest corner of Property ID R000031931, thence North along the western boundary of Property ID R000031931 to the point it meets the southwest corner of Property ID R000031930, thence North along the western boundary of Property ID R000031930 to the point it meets the southwest corner of Property ID R000031929, thence North along the western boundary of Property ID R000031929 to the point it meets the southwest corner of Property ID R000031928, thence North along the western boundary of Property ID R000031928 to the point it meets the southern right of way boundary of Phelps Street, thence North across Phelps Street to the point the northern right of way boundary meets the southwest corner of Property ID R000031917, thence North along the western boundary of Property ID R000031917 to the point it meets the southwest corner of Property ID R000031916, thence North along the western boundary of Property ID R000031916 to the point it meets the southwest corner of Property ID R000031915, thence North along the western boundary of Property ID R000031915 to the point it meets the southwest corner of Property ID R000031914, thence North along the western boundary of Property ID R000031914 to the point it meets the southwest corner of Property ID R000031913, thence North along the western boundary of Property ID R000031913 to the point it meets the southwest corner of Property ID R000031912, thence North along the western boundary of Property ID R000031912 to the point it meets the southwest corner of Property ID R000031911, thence North along the western boundary of Property ID R000031911 to the point it meets the southwest corner of Property ID R000031910, thence North along the western boundary of Property ID R000031910 to the point it meets the southwest corner of Property ID R000031909, thence North along the western boundary of Property ID R000031909 to the point it meets the southwest corner of Property ID R000031908, thence North along the western boundary of Property ID R000031908 to the point it meets the southern right of way boundary of W Frey Street, thence North across W Frey Street to the point the northern right of way boundary meets the southern boundary of Property ID R000062670, which is the point of beginning. Legal Description - TIRZ No. 1B Beginning at the northwest corner of Property ID R000033189, following the northern boundary to the point it meets the western right of way boundary of River N Boulevard, thence South along the western right of way boundary of River N Boulevard to the point it meets the northern right of way boundary of W Lingleville Road, thence East along the northern right of way boundary of W Lingleville Road to the point it meets the eastern right of way boundary of River N Boulevard, thence South to the southern right of way boundary of W Lingleville Road, thence East along the southern right of way boundary of W Lingleville Road to the point it meets the northeastern corner of Property ID R000066216, thence South along the eastern boundary of Property ID R000066216 to the point it meets the northern boundary of Property ID R000029149, thence East along the northern boundary of Property ID R000029149, continuing south then west along the property boundary to the point it meets the northeast corner of Property ID R000029148, thence South along the eastern boundary of Property ID R000029148 to the point it meets the northern right of way boundary of W Overhill Drive, thence South to the southern right of way boundary of W Overhill Drive to the point it meets Property ID R000029000, thence South along the eastern boundary of Property ID R0000290000 to the point it meets Property ID R000028999, thence South along the eastern boundary of Property ID R000028999 to the point it meets Property ID R000028997, thence South along the eastern boundary of Property ID R000028997 to the point it meets Property ID R000028996, thence South along the eastern boundary of Property ID R000028996 to the point it meets Property ID R000028995, thence South along the eastern boundary of Property ID R000028995 to the point it meets Property ID R000028994, thence South along the eastern boundary of Property ID R000028994 to the point it the northern right of way boundary of Mimosa Lane, thence South across Mimosa Lane to the southern right of way boundary of Mimosa Lane to the point it meets Property ID R000028944, thence South along the eastern boundary of Property ID R000028944 to the point it meets Property ID R000028943, thence South along the eastern boundary of Property ID R000028943 to the point it meets Property ID R000028942, thence South along the eastern boundary of Property ID R000028942 to the point it meets Property ID R000028941, thence South along the eastern boundary of Property ID R000028941 to the point it meets Property ID R000028940, thence South along the eastern boundary of Property ID R000028940 to the point it meets Property ID R000028939, thence South along the eastern boundary of Property ID R000028939 to the point it meets Property ID R000028938, thence South along the eastern boundary of Property ID R000028938 to the point it meets Property ID R000028937, thence South along the eastern boundary of Property ID R000028937 to the point it meets Property ID R000028936, thence South along the eastern boundary of Property ID R000028936 to the point it meets Property ID R000028935, thence South along the eastern boundary of Property ID R000028935 to the point it meets Property ID R000028934, thence South along the eastern boundary of Property ID R000028934 to the point it meets the northern right of way boundary of W Frey Street, thence South to the southern right of way of W Frey Street to the point it meets Property ID R000060732, thence East along the northern boundary of Property ID R000060732 to the point it meets Property ID R000060731, thence East along the northern boundary of Property ID R000060731, continuing along the boundary to the point it meets the northern right of way boundary of W Sloan Street, thence West along the northern right of way boundary of W Sloan Street, thence South across W Sloan Street to the northeast corner of Property ID R000032907, thence South along the eastern boundary of Property ID R000032907 to the point it meets Property ID R000032911, thence South along the eastern boundary of Property ID R000032911 to the point it meets the northern right of way boundary of W Tarleton Street, thence South across W Tarleton Street to the northeast corner of Property ID R000032030, thence South along the eastern boundary of Property ID R000032030 to the point it meets Property ID R000032029, thence South along the eastern boundary of Property ID R000032029 to the point it meets Property ID R000032028, thence South along the eastern boundary of Property ID R000032028 to the point it meets the northern right of way boundary of W Turner Street, thence South across W Turner Street to the northeast corner of Property ID R000032045, thence South along the eastern boundary of Property ID R000032045 to the point it meets Property ID R000032044, thence South along the eastern boundary of Property ID R000032044 to the point it meets the northern right of way boundary of W Washington Street, thence South across W Washington Street to Property ID R000033482, thence East along the northern boundary of Property ID R000033482, continuing along the property boundary to the point it meets Property ID R000033485, thence South along the eastern boundary of Property ID R000033485 to the point it meets the northern right of way boundary of W Swan Street, thence West along the northern boundary of W Swan Street then south across W Swan Street to the northeast corner of Property ID R000073763, thence South along the eastern boundary of Property ID R000073763 to the point it meets Property ID R000014966, thence East along the boundary of Property ID R000014966 to the point it meets Property ID R000033595, thence North along the boundary of Property ID R000033595, continuing along the property boundary until it meets Property ID R000033607, thence South along the eastern boundary of Property ID R000033607 to the point it meets the northern right of way boundary of Groesbeck Street, thence South across Groesbeck Street to the western corner of Property ID R000076187, thence East along the northern boundary of Property ID R000076187 to the point it meets the western right of way boundary of S 6th Avenue, thence South along the western right of way boundary of S 6th Avenue to the point it meets the northern right of way boundary of W South Loop 377, thence South across W South Loop 377 to the northeast corner of Property ID R000064332, thence South along the eastern boundary of Property ID R000064332 to the point it meets Property ID R000033760, thence South along the eastern boundary of Property ID R000033760 to the point it meets Property ID R000019805, thence South along the eastern boundary of Property ID R000033760 to the point it meets Property ID R000019805, thence East along the northern boundary of Property ID R000019805, continuing along the boundary to the point it meets the southwest corner of Property ID R000033760, thence North along the western boundary of Property ID R000033760 to the point it meets the southern right of way boundary of W South Loop 377, thence West along the northern right of way boundary of W South Loop 377 then north across W South Loop 377 to the southwest corner of Property ID R000030481, thence North along the western boundary of Property ID R000030481 to the point it meets the southern corner of Property ID R000063891, thence North along the western boundary of Property ID R000063891 to the point it meets the southern right of way boundary of W Swan Street, thence North across W Swan Street then east along the northern right of way boundary of W Swan Street to the point it meets the eastern right of way boundary of Greenview Drive, thence North along the eastern right of way boundary of Greenview Drive to the point it meets the northwest corner of Property ID R000031896, thence East along the northern boundary of Property ID R000031896 to the point it meets Property ID R000066500, thence North along the western boundary of Property ID R000066500 to the point it meets the southern right of way of Blakeney Drive, thence North across Blakeney Drive to the southwest corner of Property ID R000050629, thence North along the western boundary of Property ID R000050629 to the point it meets Property ID R0000050628, thence North along the western boundary of Property ID R0000050628 to the point it meets Property ID R0000050627, thence North along the western boundary of Property ID R0000050627 to the point it meets Property ID R0000050626, thence West then north along the western boundary of Property ID R0000050626 to the point it meets Property ID R0000050625, thence North along the western boundary of Property ID R0000050625 to the point it meets Property ID R000061964, thence North along the western boundary of Property ID R000061964 to the point it meets the southern right of way boundary of W Washington Street, thence East along the southern right of way boundary of W Washington Street to the point it meets the northwest corner of Property ID R000033482, thence North across W Washington Street to the point it meets the southwest corner of Property ID R000032044, thence North along the eastern right of way boundary of N Harbin Road to the point it meets the southwest corner of Property ID R0000028934, thence West across N Harbin Road to the southeast corner of Property ID R000062670, thence West along the southern boundary of Property ID R000062670, continuing north along the western boundary to the point it meets Property ID R000030440, thence West along the southern boundary of Property ID R000030440, continuing north along the western boundary to the point it meets Property ID R000030441, thence North along the western boundary of Property ID R000030441, continuing east along the boundary to the point it meets Property ID R000030442, thence North along the western boundary of Property ID R000030442 to the point it meets Property ID R000030444, thence North along the western boundary of Property ID R000030444 to the point it meets Property ID R000030443, thence North along the western boundary of Property ID R000030443 to the point it meets Property ID R000030448, thence North along the western boundary of Property ID R000030448 to the point it meets the southern right of way boundary of Mimosa Lane, thence North across Mimosa Lane to the point it meets R000030450, thence North along the western boundary of Property ID R000030450 to the point it meets Property ID R000030453, thence North along the western boundary of Property ID R000030453 to the point it meets Property ID R000030456, thence North along the western boundary of Property ID R000030456 to the point it meets Property ID R000030455, thence North along the western boundary of Property ID R000030455 to the point it meets Property ID R000030458, thence North along the western boundary of Property ID R000030458, continuing east along the boundary to the point it meets Property ID R000034643, thence North along the western boundary of Property ID R000034643 to the point it meets the southern right of way boundary of W Overhill Drive, thence North across W Overhill Drive to the southern boundary of Property ID R000034641, thence West across the southern boundary of Property ID R00003461, continuing north along the western boundary to the point it meets Property ID R000014963, thence North along the western boundary of Property ID R000014963 to the point it meets Property ID R000074481, thence North along the western boundary of Property ID R000074481 to the point it meets Property ID R000014980, thence North along the western boundary of Property ID R000014980 to the point it meets Property ID R000014981, thence North along the western boundary of Property ID R000014981 to the point it meets the eastern right of way of Northwest Loop 988, thence Across Northwest Loop 988 to the southern right of way boundary of Property ID R000030545, thence West along the southern boundary of Property ID R000030545, continuing north then east along the boundary to the point it meets the western right of way boundary of Lingleville Road, thence North along the western right of way boundary of Lingleville Road to the point it meets the northern corner of Property ID R0000149988 thence North across Lingleville Road to the western corner of Property ID R000033189, thence North along the western boundary of Property ID R000033189 to the point it meets the northwest corner of Property ID R000033189, which is the point of beginning. Exhibit B BOUNDARY MAP Exhibit C Preliminary Project Plan and Finance Plan