Loading...
Ord 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; C&B Job No. 015007.102 ACF #2359 AGS March 18, 2008 j\job\015007102\sur\wp\leg\reinvestmet Page 1 of 3 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. C&B Job No. 0 15 007.102 ACF #2359 AGS March 18, 2008 j\job\015007102\sur\wp\leg\reinvestmet Page 2 of 3 THIS LEGAL DESCRIPTION IS FOR CONTRACT PURPOSES ONLY AND SHOULD NOT BE USED FOR THE CONVEYANCE OF REAL PROPERTY. C&B Job No. 015007.102 ACF #2359 AGS March 18, 2008 j\job\015007102\sur\wp\leg\reinvestmet . Page 3 of 3