HomeMy WebLinkAboutORD 2003-90 - Reinvestment ZoneOrdinance No. 2003'qv
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE CITY
OF GEORGETOWN GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
11135 AND SH 29 W AS A REINVESTMENT ZONE FOR TAX INCREMENT
FINANCING PURPOSES PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE;
CREATING A BOARD OF DIRECTORS FOR SUCH ZONE; CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Georgetown, Texas (the "City") has
determined that the creation of a reinvestment zone by the City, as authorized by the Tax
Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated
(the "Act") withip the area of the City as described in Exhibit "A" attached hereto (the "Zone"), is
in the best interests of the City in accordance with Article VIII, Section 1-g of the Texas
Constitution as the area is predominantly open, underdeveloped and, because of obsolete platting,
substantially impairs the sound growth of the City; and
WHEREAS, the City has prepared a preliminary reinvestment zone project and financing
plan, a true and correct copy of which is on file with the City Secretary, which plan provides that
a portion of City of Georgetown ad valorem taxes constituting its tax increment are to be
deposited into the hereinafter created tax increment fund, and that taxes of other taxing units may
be utilized in the financing of the proposed Zone; and
WHEREAS, the City, on October 9, 2003, provided written notice of the City's intention
to create the proposed Zone, complying with the requirements of Section 311.003, Texas Tax
Code, to the governing body of all taxing units levying taxes on property in the proposed Zone;
and
WHEREAS, a notice of the December 9, 2003, public hearing on the creation of the
proposed Zone was published on November 26, 2003, in the Williamson County Sun, a
newspaper of general circulation in the City; and
WHEREAS, at the public hearing on December 9, 2003, interested persons were allowed
to speak for or against the creation of the proposed Zone, its boundaries, or 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 proposed Zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
creation of the proposed Zone and its boundaries under the provisions of Chapter 311, Texas Tax
Code; and
WHEREAS, no owner of real property in the proposed zone protested the inclusion of
his property in the proposed Zone; and
WHEREAS, none of the property within the proposed Zone is currently used for
residential purposes, as that term is defined in Section 311.006(d) of the Texas Tax Code; and
WHEREAS, the City has provided all information, and made all presentations, given all
notices and done all other things required by Chapter 311, Texas Tax Code, or other law as a
condition to the creation of the proposed Zone; and
WHEREAS, the City has not previously created any tax increment reinvestment zones or
any industrial districts; and
WHEREAS, the total appraised value of taxable real property in the proposed Zone does
not exceed 15 percent of the total appraised value of taxable real property in the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS:
Section 1. Findings. a) That the facts and recitations contained in the preamble of
this Ordinance are hereby found and declared to be true and correct and are adopted as part of
this Ordinance for all purposes.
b) That the City Council further finds and declares that the proposed improvements in
the Zone will significantly enhance the value of all the taxable real property in the proposed zone
and will be of general benefit to the City.
c) That the City Council further finds and declares that the proposed reinvestment Zone
meets the criteria and requirements of Section 311.005 of the Texas Tax Code because:
(1) The proposed Zone substantially impairs and arrests the sound growth of the City,
retards the provision of housing accommodations, constitutes an economic and
social liability and is a menace to the public health, safety, morals, or welfare in
its present condition and use because of.
a, the predominance of defective or inadequate sidewalk or street layout; and
bo faulty lot layout in relation to size, adequacy, accessibility or usefulness;
and
(2) The proposed Zone is predominantly open and, because of obsolete platting,
deterioration of structures or site improvements, or other factors, substantially
impairs or arrests the sound growth of the City.
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d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax Code,
further finds and declares:
(1) That the proposed Zone is a contiguous geographic area located wholly within the
corporate limits of the City of Georgetown;
(2) That the total appraised value of taxable real property in the proposed Zone, does
not exceed fifteen percent of the total appraised value of taxable real property in
the City and in the industrial districts created by the City;
(3) That the proposed Zone does not contain more than fifteen percent of the total
appraised value of real property taxable by Williamson County;
(4) That the development or redevelopment of the property in the proposed Zone will
not occur solely through private investment in the reasonably foreseeable future;
(5) That less than ten percent of the property in the proposed Zone is used for
residential purposes within the meaning of Section 311.006(d), Texas Tax Code;
and
(6) That the improvements proposed to be implemented in the proposed reinvestment
Zone will significantly enhance the value of all taxable real property in the
proposed reinvestment Zone.
e) The City Council finds and declares that the creation of the Zone is in conformance
with the following Policy Statements in the City's Century Plan:
1.0 The community enjoys the benefits of well-planned land use in which conflicting needs are
balanced.
9.0 Citizens and commercial goods move safely and efficiently throughout all parts of the City.
10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense
of place and a positive, identifiable image, at a cost which is consistent with other city social and
economic priorities.
13.0 All municipal operations are conducted in an efficient business -like manner and sufficient
financial resources for both current and future needs are provided.
15.0 The City manages its resources in a sound and fiscally conservative manner.
Section 2. Designation of the Zone. That the City, acting under the provisions of Chapter 311,
Texas Tax Code, including Section 311.005(a), does hereby designate as a reinvestment zone,
and create and designate a reinvestment zone over, the area described in Exhibit "A" and
depicted in the map attached hereto as Exhibit `B" to promote the redevelopment of the area.
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The reinvestment zone shall hereafter be named for identification as Wolf Ranch Tax Increment
Reinvestment Zone (the "Zone").
Section 3. Board of Directors. That there is hereby created a Board of Directors for the
Zone, which shall consist of five (5) members. The City Council shall appoint all directors.
The directors appointed to Positions One, Three and Five shall be appointed for two year
terms, beginning on effective date of the zone while the directors appointed to Positions Two and
Four shall be appointed to one year terms beginning on the effective date of the Zone. All
subsequent appointments shall be appointed for two-year terms. The member of the Board of
Directors appointed to Position One is hereby designated to serve as chair of the Board of
Directors for the term beginning on the effective date of the Zone, and ending upon the
expiration of the initial term of Position One. Thereafter the City Council shall annually
nominate and appoint a member to serve as chair for a term of one year beginning January 1 of
the following year. The City Council authorizes the Board of Directors to elect from its members
a vice chairman and such other officers as the Board of Directors sees fit.
The Board of Directors of the Zone shall comply with Chapter 551, Texas Government
Code (the Open Meetings Act) and Chapter 552, Texas Government Code (regarding public
records and information). The Board of Directors shall make recommendations to the City
Council concerning the administration of the Zone. The Board of Directors shall prepare or
cause to be prepared and adopt a project plan and a reinvestment zone financing plan for the
Zone as described in Section 311.011, Texas Tax Code, and shall submit such plans to the City
Council for its approval. The City, pursuant to Section 311.010(a) of the Texas Tax Code hereby
authorizes the Board of Directors to exercise all of the City's powers necessary to administer,
manage or operate the Zone and to prepare the project plan and reinvestment zone financing plan,
including the submission of an annual report on the status of the Zone. Notwithstanding the
foregoing, the Board of Directors shall not be authorized to issue tax increment bonds or notes,
impose taxes or fees, exercise the power of eminent domain or give final approval to the project
plan and reinvestment zone financing plan. The Board of Directors of the Zone may not exercise
any power granted to the City by Section 311.008 of the Texas Tax Code without additional and
prior authorization from the City.
Section 4. Duration of the Zone. That the Zone shall take effect immediately upon the
passage and approval of this Ordinance, and termination of the operation of the Zone shall occur
on December 31, 2033, or at an earlier time designated by subsequent ordinance of the City
Council in the event the City determines in its sole discretion that the Zone should be terminated
due to insufficient private investment or other good cause, or at such time, subsequent to the time
that all project costs, tax increment bonds, notes and other obligations of the Zone, and the
interest thereon, have been paid in full.
Section 5. Tax Increment Base. That the Tax Increment Base of the City or any other
taxing unit participating in the Zone for the Zone is the total appraised value of all real property
taxable by the City or other taxing unit participating in the Zone and located in the Zone,
determined as of January 1, 2003, the year in which the Zone was designated as a reinvestment
zone (the "Tax Increment Base"),
Section 6. Tax Increment Fund. That there is hereby created and established a Tax
Increment Fund for the Zone which may be divided into subaccounts as authorized by subsequent
resolutions or ordinances. All Tax Increments, as defined below, shall be deposited in the Tax
Increment Fund. Any expenditure to be made from the Tax Increment or any contract related
thereto, must be approved by the City Council prior to such expenditure being made or contract
being executed. The Tax Increment Fund and any subaccount shall be maintained at the
depository bank of the City and shall be secured in the manner prescribed by law for funds of
Texas cities. The annual Tax Increment shall equal eighty percent of the property taxes levied
and collected by the City within the Zone and all or a portion of the property taxes levied and
collected by any other taxing unit participating in the Zone (as set forth in an agreement to
participate) for that year on the captured appraised value, as defined by the Act, of real property
located in the Zone that is taxable by the City or any other taxing unit participating in the Zone,
less any amounts that are to be allocated from the Tax Increment pursuant to the Act. All
revenues from the sale of any tax increment bonds, notes or other obligations hereafter issued for
the benefit of the Zone by the City, if any; revenues from the sale of property acquired as part of
the project plan and reinvestment zone financing plan, if any; and other revenues to be used in
the Zone shall be deposited into the Tax Increment Fund. Prior to the termination of the Zone,
money shall be disbursed from the Tax Increment Fund only to pay project costs, as defined by
the Texas Tax Code, for the Zone, to satisfy the claims of holders of tax increments bonds or
notes issued for the Zone, or to pay obligations incurred pursuant to agreements entered into to
implement the project plan and reinvestment zone financing plan and achieve their purpose
pursuant to Section 311.010(b) of the Texas Tax Code.
Section 7. Economic Development. That the City Council hereby finds that the creation
of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund necessary or
convenient to the creation of the Zone or to the implementation of the project plan for the Zone
constitutes a program to promote local economic development and to stimulate business and
commercial activity in the City.
Section 8. Severability. If any provision, section, subsection, sentence, clause or phrase
of this Ordinance, or the application of same to any person to set circumstances, is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining provisions of this
Ordinance or their application to other persons or set of circumstances shall not be affected
thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof
or regulations connected herein shall become inoperative or fail by reason of any
unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this
Ordinance are declared severable for that purpose.
Section 9. Open Meetings. It is hereby found, determined and declared that a sufficient
written notice of the date, hour, place and subject of the meeting of the City Council at which this
Ordinance was adopted was posted at a place convenient and readily accessible at all times to the
general public at the City Hall of the City for the time required by law preceding its meeting, as
Ordinm"OZC)03 s
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required by the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the
subject matter hereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
READ, CONSIDERED, PASSED AND APPROVED ON FIRST READING by the
City Council of Georgetown at a regular meeting on the 9th day of December, 2003, at which a
quorum was present and for which due notice was given pursuant to Section 551.001, et. Seq. of
the Government Code.
READ, CONSIDERED, PASSED AND APPROVED ON SECOND AND FINAL
READING by the City Council of Georgetown at a regular meeting on the 19th day of
December, 2003, at which a quorum was present and for which due notice was given pursuant to
Section 551.001, et. Seq. of the Government Code.
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P41 e I of 9
PASSED AND APPROVED on the day of'6e,s ;;, , 2003.
City of Georgetown, Texas
ATTEST:
Sandra Lee
City Secretary
(CITY SEAL)
APPROVED AS TO FORM:
By:
City Attorney
100.676 ACRES
WOLF RANCH SUBDIVISIviQ
DESCRIPTION
NO. 03-128 (JJM)
JUNE 12, 2003
BPI JOB NO. 1262-01
OF A 100.676 ACRE TRACT OF LAND OUT OF THE CLEMENT STUBBLEFIELD
SURVEY, ABSTRACT NO. 558, SITUATED IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 412 ACRE TRACT OF
LAND CONVEYED TO JAY L. WOLF BY DEED OF RECORD IN VOLUME 422, PAGE
84 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, ALL OF THAT
CERTAIN 1.153 ACRE TRACT OF LAND CONVEYED TO PAUL EDWIN HINDELANG
AND WIFE, JUDY WOLF HINDELANG BY DEED OF RECORD IN VOLUME 824,
PAGE 434 OF SAID DEED RECORDS, AND ALL OF THAT CERTAIN 0.68 ACRE
TRACT OF LAND CONVEYED TO TRAVIS CARTER AND WIFE, JO BETH CARTER
BY DEED OF RECORD IN VOLUME 1003, PAGE 150 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 100.676 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a concrete highway monument found at the
southwesterly intersection of Interstate Highway 35 (R.O.W.
Varies) and State Highway 29 (1001 R.O.W.), being the
northeasterly corner of a remaining portion of said 412 acre
tract;
THENCE, S01007412611W, leaving the southerly right-of-way line of
State Highway 29, along the westerly right-of-way line of
Interstate Highway 35, a distance of 175.29 feet to a 1/2 inch
iron rod with cap set for the POINT OF BEGINNING and the
northeasterly corner hereof;
THENCE, continuing along the
Interstate Highway 35, being the
said 412 acre tract and hereof,
and distances:
westerly right-of-way line of
easterly line of the remainder of
the following three (3) courses
1) S01007126"W,
a distance
of 523.37
feet to a concrete highway
monument
found at the
point of
curvature of a non -tangent
curve to
the left;
2) Along said non -tangent curve to the left having a radius of
4119.70 feet, a central angle of 16048118", an arc length of
1208.32 feet and a chord which bears S06039125"E, a distance
of 1203.99 feet to a concrete highway monument found at
highway PT -Station 900+20.69 for the end of said curve;
3) S15003136"E, passing at a distance of 302.00 feet a 1/2 inch
iron rod with cap set for reference, and continuing for a
total distance of 604.28 feet to a calculated point in the
centerline of the South San Gabriel River for the
southeasterly corner of the remainder of said 412 acre tract
and hereof, same being the northeasterly corner of Lot 1,
Block "A" South Fork Apartments, a subdivision of record in
Cabinet F, Slides 341-342 of the Plat Records of Williamson
County, Texas;
FN 03-128 (JJM)
JUNE 12, 2003
PAGE 2 OF 3
THENCE, leaving the westerly right-of-way line of Interstate
Highway 35, along the centerline meanders of South San Gabriel
River, being the southerly line of said 412 acre tract and hereof,
and in part the northerly line of said Lot 1 South Fork
Apartments, in part the northerly line of those certain tracts of
land conveyed to R.W. Pearce by deed of record in Volume 695, Page
347 and Volume 635, Page 907, both of said Official Records, in
part the northerly lines of Lots 24-30 San Gabriel Heights Section
Four, a subdivision of record in Cabinet C, Slide 224 of said Plat
Records, and in part the northerly lines of Lot 2 Resubdivision of
San Gabriel Heights Section Six, a subdivision of record in
Cabinet P, Slide 247 of said Plat Records, the following nineteen
(19) courses and distances:
1) N82°31'35"W, a distance of 148.00 feet;
2) N69052109"W, a distance of 186.00 feet;
3) N60055131"W, a distance of 75.00 feet;
4) N54021129"W, a distance of 114.00 feet;
5) N30022132"W, a distance of 56.00 feet,
6) N54016127"W, a distance of 81.00 feet;
7) N42036'13"W, a distance of 334.00 feet;
8) N50045139"W, a distance of 181.00 feet;
9)
N70059102"W,
a
distance
of
221.00
131.00
feet;
10)
S82047111"W,
S45007152"W,
a
distance
of
243.00
of
feet;
11) S77017121"W, a distance of 140.00 feet;
12)
S65006116"W,
a
distance
of
131.00
feet;
13)
S45007152"W,
a
distance
of
59.00
feet;
14)
S71038124"W,
a
distance
of
209.00
feet;
15)
S57001'55"W,
a
distance
of
155.00
feet;
16)
S71036117"W,
a
distance
of
56.00
feet;
17)
S87033151:'W,
a
distance
of
156.00
feet,
18)
S86018135"W,
a
distance
of
82.00
feet;
Reinvestmenf Zone
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FN 03-128(JJM)
JUNE 12, 2003
PAGE 3 OF 3
19) S6902314511W, a distance of 45.05 feet to the southwesterly
corner hereof, being in the northerly line of said Lot 2
Resubdivision of San Gabriel Heights Section Six;
THENCE, NO2021116"W, leaving the centerline meanders of the South
San Gabriel River, over and across said 412 acre tract for the
westerly line hereof, passing at a distance of 126.00 feet a 1/2
inch iron rod with cap set for reference, again passing at a
distance of 671.00 feet a cotton spindle set for reference, and
continuing for a total distance of 2128.80 feet to a 1/2 inch iron
rod with cap set in the southerly right-of-way of State Highway
29, being the northerly line of said 412 acre tract for the
northwesterly corner hereof, from which a concrete highway
monument found in the southerly line of State Highway 29, being in
the northerly line of Lot 1 Legend Oaks Section II, a subdivision
of record in Cabinet I, Slide 269 of the Plat Records of
Williamson County, Texas, bears S87038144"W, a distance of 891.29
feet;
THENCE, N87038144111E, along the southerly right-of-way line of
State Highway 29, being the northerly line of said 412 acre tract
and hereof, a distance of 1884.43 feet to a 1/2 inch iron rod with
cap set, from which a 1/2 inch iron rod found at the southwesterly
right-of-way cut-back corner of State Highway 29 and Interstate
Highway 35 bears N87038144"E, a distance of 175.29 feet;
THENCE, leaving the southerly right-of-way line of State Highway
29, over and across said remaining portion of 412 acre tract, the
following two (2) courses and distances:
1) S02021116"E, a distance of 257.34 feet to a 1/2 inch iron rod
with cap set;
2) S88052134"E, a distance of 256.34 feet to the POINT OF
BEGINNING, containing an area of 100.676 acres (4,385,447 sq.
ft.) of land, more or less, within these metes and bounds.
THAT I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. it
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSK
R.P. .S. NO. 49
STAT OF TEXAS
HN T
OSKI
0040.....
:9 4998 P
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