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Home My Public Portal AboutOrdinance No. 950-03 01-14-2003 ORDINANCE N0.950-03 • AN ORDINANCE DESIGNATING CERTAIN PROPERTY, SPECIFICALLY, BLOCK 23, LOTS 1, 2, 3, ,4 ,5 ,6 AND 7 OF THE RICHLAND HILLS ADDITION TO THE CITY OF RICHLAND HILLS, AND TR3A, TR3A1, TR3AlA AND TR3A2 OF THE MAHALY LYNCH SURVEY, A-953, IN THE CITY OF RICHLAND HILLS, TARRANT COUNTY, TEXAS, AS REINVESTMENT ZONE NUMBER ONE IN THE CITY, MAKING FINDINGS SUPPORTING SUCH DESIGNATION, PROVIDING A TERM, THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Councilmembers of the City of Richland Hills have determined that the economic well-being of the City is of primary concern; and WHEREAS, Chapter 312 of the Texas Tax Code, known as the Texas Property Redevelopment and Tax Abatement Act, provides that the City of Richland Hills has the authority to create reinvestment zones within the City for purposes of encouraging economic development; and WHEREAS, on January 14, 2003, the Richland Hills City Council, by resolution, established • certain guidelines and criteria governing tax abatement and other incentive agreements, indicating the desire of the City of Richland Hills to remain eligible to participate in tax abatement and other incentive agreements; and WHEREAS, Barclay/Texas Venture Capital, L.L.C., has submitted an application for Tax Abatement/Economic Development incentives to redevelop several properties at the southwest corner of SH 26/Grapevine Highway and Rufe Snow Drive; and WHEREAS, Barclay/Texas Venture Capital, L.L.C. has placed these properties under contract, with the intent of purchasing them and redeveloping the site as agrocery-anchored retail center; and WHEREAS, the City of Richland Hills has scheduled a public hearing on the 14`h of January, 2003 for the City Council to consider the request of Barclay/Texas Venture Capital, L.L.C. to have the property herein described as a reinvestment zone, and has notified the other local taxing jurisdictions by giving said other local taxing jurisdictions at least seven (7) days written notice of the public hearing on this matter to the presiding officer of each taxing unit that has jurisdiction over the property, and that the City of Richland Hills has published a notice in the Fort Worth Star- Telegram on the 16th of December, 2002- informing the public of the public hearing on this matter, in compliance with Texas Tax Code Section 312.201 and other applicable law; and WHEREAS, it is the finding of the City Council of the City of Richland Hills that the • improvements sought in said area are feasible; and WHEREAS, it is the finding of the City Council of the City of Richland Hills that the terms of the agreement and the properties subject to the agreement as presented to the City by Barclay/Texas Venture Capital, L.L.C. meet the applicable Guidelines & Criteria adopted by the City Council on January 14, 2003; and WHEREAS, it is the finding of the City Council of the City of Richland Hills that the creation of a reinvestment zone for the above stated property would be a benefit to the said property and the development anticipated to occur in the proposed zone would contribute to the economic development of the City of Richland Hills; and WHEREAS, it is the finding of the City Council of the City of Richland Hills that the designation of the reinvestment zone would contribute to primary employment within the City of Richland Hills, Texas; and WHEREAS, it is the finding of the City Council of the City of Richland Hills that the designation of the reinvestment zone would attract major investment in the zone; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ESTABLISHMENT OF REINVESTMENT ZONE • The City Council of the City of Richland Hills, pursuant to the authority contained in Section 312.401 of the Texas Property Redevelopment and Tax Abatement Act, hereby designates as a reinvestment zone (which zone shall hereafter be designated as Reinvestment Zone Number One, City of Richland Hills, Texas) that property described as: Block 23, Lots 1, 2, 3, ,4 ,5 ,6 and 7 of the Richland Hills Addition to the City of Richland Hills, and TR3A, TR3A1, TR3Ala and TR3A2 of the Mahaly Lynch Survey, A-953, in the City of Richland Hills, Tarrant County, Texas. SECTION 2. FINDINGS OF CITY COUNCIL The City Council, after conducting the public hearings described above, and having heard evidence and testimony, and based on the testimony presented to it, finds that: A. A public hearing on the adoption 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 overlapping the territory inside the proposed reinvestment zone; and • ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER ONE PAGE 2 C:\WINDOWS\TEMP\REINVESTMENT ZONE NUMBER ONE CREATION ORDINANCE.WPD B. Creation of the reinvestment zone for commercial economic development through property tax abatement will result in benefits to the City and to the land included in the zone, C. Construction of the improvements sought is feasible and practical, and would be a benefit to the land included in the reinvestment zone after the expiration of an agreement entered into under Section 312.204 of the Act. D. The reinvestment zone meets the criteria for the creation of a reinvestment zone as set forth in Section 312.202(b) of the Act 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 City". SECTION 3. INCORPORATION OF FINDINGS IN MINUTES The City Secretary is directed to incorporate the above recited findings, together with the specific facts upon which such findings are based, into the official minutes of the Council meeting at which this resolution is adopted. SECTION 4. TERM OF REINVESTMENT ZONE • The designation of this Reinvestment Zone shall be valid and effective for 5 years from the date of this ordinance, and may, at the option of the City Council, be renewed for successive terms up to f ve years, pursuant to Texas Tax Code 312.203 or other applicable law. SECTION 5. ORDINANCE CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER ONE PAGE 3 C:\WINDOWS\TEMP\REINVESTMENT ZONE NUMBER ONE CREATION ORDINANCE.WPD • SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, SECTION 8. PUBLICATION AND NOTICE Upon adoption of this Ordinance, the City Secretary is directed to publish this notice and give such notice of this ordinance to the extent and i_n/the manner required by law. PASSED AND AP~'~,Q,VED ON THIS ~ ~I' DAY OF , 2003. y = ~Q G~e~ ~ ~ y= TH HONORABLE NELDA STRODER, MAYOR cJ ~ ~ ATTEST: nnnn • CITY SECRETARY Kim Sutter, TRMC EFFECTIVE: Z`JC' ' APP VE TO RM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER ONE PAGE 4 C:\WINDOWS\TEMP\REINVESTMENT ZONE NUMBER ONE CREATION ORDINANCE.WPD