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Ordinance 2007-39 ORDINANCE NO. 2007-39 -...- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DESIGNATING REINVESTMENT ZONE NUMBER SIX, ON FOUR TRACTS CONSISTING OF APPROXIMATELY 27.83 ACRES WITHIN THAT PORTION OF THE CITY OF WYLIE NORTHWEST OF STATE IDGHWAY 78, SOUTH OF F.M. 544, AND BOTH EAST AND WEST OF WESTGATE WAY; PROVIDING A REPEALING CLAUSE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF TIDS ORDINANCE. WHEREAS, the City Council of the City of Wylie Texas, (the "City"), desires to promote the development and/or redevelopment of a certain contiguous geographic area reflected on Exhibit "A" within its jurisdiction by the creation of a reinvestment zone, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, (the "Act"); and WHEREAS, in compliance with the Act, notice of such public hearing was published in The Wylie News, a paper of general circulation in the City, such publication date being not later than seven (7) days prior to the date of the public hearing; and WHEREAS, in compliance with the Act, the City has called a public hearing to receive public comments on the advisability of creating such Reinvestment Zone (hereinafter defined) and its benefits to the City and the property in the proposed Reinvestment Zone; and WHEREAS, such hearin~ was convened at the time and place mentioned in the published notice, to wit, on the 13 day of November, 2007, at 6:00 p.m. at the City Council Chambers in the City Hall ofthe City, which hearing was then closed; and WHEREAS, the City Council, at such hearing invited any interested person to appear and comment for or against the creation of the Reinvestment Zone, the boundaries of the proposed Reinvestment Zone, whether all or part of the territory included in the boundary description and depicted in the map which together are attached hereto as Exhibit "A", should be included in such proposed Reinvestment Zone; and WHEREAS, all owners of property located within the proposed Reinvestment Zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed Reinvestment Zone; and WHEREAS, the proponents of the Reinvestment Zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Reinvestment Zone, and opponents, if any, of the Reinvestment Zone appeared to contest creation of the Reinvestment Zone; and Ordinance No. 2007-39 Creating Reinvestment Zone Number Six Page 1 499878v2 WHEREAS, the City Council finds that the improvements sought in the Reinvestment Zone are feasible and practical and will be a benefit to the property to be included in the Reinvestment Zone and to the City after the expiration of an agreement entered into as authorized by the Act; and WHEREAS, the City Council investigated and determined that the City has complied with any and all applicable laws and statutes with regard to the creation of the Reinvestment Zone. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings. The facts, recitations and fmdings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance as if fully set forth herein and are found and declared to be true and correct. SECTION 2. Designation of Zone. The City hereby creates a reinvestment zone over the area described and depicted on Exhibit "A", attached hereto and incorporated herein for all purposes, and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number Six, City of Wylie, Texas (the "Zone" or "Reinvestment Zone"). SECTION 3. Additional Findings. The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following additional findings and determinations based on the evidence and testimony presented to it: (a) The public hearing on adoption of the Reinvestment Zone has been properly held and conducted and that notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed Reinvestment Zone. (b) Creation of the proposed Reinvestment Zone with boundaries as described in Exhibit "A", attached hereto, will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the Reinvestment Zone. (c) The Reinvestment Zone meets the criteria for the creation of a Reinvestment Zone as set forth in the Act in that: (1) It is an area that due to, among other things, the environmental condition of the property in the area: (A) substantially arrests and impairs the sound growth of the City; (B) constitutes an economic and social liability; and (C) constitutes a menace to the public health, safety and welfare in its present condition, because of the presence of: ,,- (i) unsanitary and unsafe conditions; and (ii) deterioration in the condition of the area. Ordinance No. 2007-39 Creating Reinvestment Zone Number Six Page 2 499878v2 .~ WHEREAS, the City Council finds that the improvements sought in the Reinvestment Zone are feasible and practical and will be a benefit to the property to be included in the Reinvestment Zone and to the City after the expiration of an agreement entered into as authorized by the Act; and WHEREAS, the City Council investigated and determined that the City has complied with any and all applicable laws and statutes with regard to the creation of the Reinvestment Zone. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings. The facts, recitations and fmdings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance as if fully set forth herein and are found and declared to be true and correct. SECTION 2. Designation of Zone. The City hereby creates a reinvestment zone over the area described and depicted on Exhibit "A", attached hereto and incorporated herein for all purposes, and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number Six, City of Wylie, Texas (the "Zone" or "Reinvestment Zone"). ,"- SECTION 3. Additional Findings. The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following additional findings and determinations based on the evidence and testimony presented to it: (a) The public hearing on adoption of the Reinvestment Zone has been properly held and conducted and that notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed Reinvestment Zone. (b) Creation of the proposed Reinvestment Zone with boundaries as described in Exhibit "A", attached hereto, will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the Reinvestment Zone. ( c) The Reinvestment Zone meets the criteria for the creation of a Reinvestment Zone as set forth in the Act in that: (1) It is an area that due to, among other things, the environmental condition of the property in the area: (A) substantially arrests and impairs the sound growth of the City; (B) constitutes an economic and social liability; and (C) constitutes a menace to the public health, safety and welfare in its present condition, because of the presence of: """'-' (i) unsanitary and unsafe conditions; and (ii) deterioration in the condition of the area. Ordinance No. 2007-39 Creating Reinvestment Zone Number Six Page 2 499878v2 (2) The area is reasonably likely to contribute to the retention and expansion of primary employment and to attract major investment in the area that would be a benefit to the property and contribute to the economic development of the City. (d) The improvements in the Reinvestment Zone will significantly enhance the value of all taxable real property in the Reinvestment Zone. (e) The development or redevelopment of the property in the proposed Reinvestment Zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 4. Eligibility for Tax Abatement. Property located in the Reinvestment Zone is eligible to enter into agreements to receive commercial-industrial ad valorem tax abatement, sales tax abatements and other tax incentives approved by the City Council except residential tax abatements. SECTION 5. Effective Date of Zone. The Zone shall take effect immediately, and the termination of the Zone shall occur on the fifth anniversary of the Zone or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Zone should be terminated due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and debt, if any, and the interest thereon, have been paid in full. The Term of the Zone shall automatically renew for an additional five (5) ,~"- year term, unless otherwise provided by subsequent ordinance of the City Council. Additional renewal of five (5) terms may only occur upon affirmative action by the City Council to authorize additional terms. SECTION 6. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7. Severability . Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 8. Effective Date. This Ordinance shall be effective immediately upon its passage. Ordinance No. 2007-39 Creating Reinvestment Zone Number Six Page 3 499878v2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of November, 2007. ~~ Mayor \\1\11111',// "", 0 F ~/III " " " A\. --\ ........ )-', ""._ e. <' ." .:- () .e eo / ~ ,~ ~, :: .. ~ ..((\~ ~ t SEAL ! ~ -; ~.~ 91': ~ ~ e. ...:- ~ .... .... ~ 'if". . ... ~ r-: .e...... ~ "" ""1 lIE:. T\:.'f-.~ "" ,", \" 11//1/11\1\\\ APPROVED AS TO FORM: ~ Abernathy, Roeder, Boyd & Joplin, P.C. Richard Abernathy, City Attorney Ordinance No. 2007-39 Creating Reinvestment Zone Number Six Page 4 499878v2 REINVESTMENT ZONE No.6 Exhibit" A" BEING a tract a' land situated in the Duke Strickland Survey, Abstract No, B41, and the E,C. Davidson Survey, ADs:;act No, 267, in the City at \Vylie, COlli:-, County, Texas, ane being all of that same tract or land as describe::: ir, deed to Greenway-Columbia, L.P. recorded 1:1 VolUr:1e 5890, Page 5358 in the Deed Hecorjs of Collir, Count',', Texas (DReCT:, and all 07 t:.a: sar.le tract of lar,ej as described in deed to Greenway-Columbia, loP, recorded in Volume 6826, Page 1681 DReCT, and all of Lot 6 arid Lot 7, Block A of The Greenway Addition, an aaditior. to the City of Wylie, Texas, according to the plat thereof recorded in Volume 0, Page 287 ir, the Map Records of Collin County, Texas (MRCCTL and a por-ior: of Lot 2, Block A of \"Vestgate Center, Pnase One, an addition to the City of Wylie, Texas, according to the piat thereof recoroed in Volume L, Page 659 MRCCT, and a portion of the Kansas City Southern Railroad right-of-way as descrioed by deed recorded in Volume 4983, Page 3109 DRCCT, and being more particularly described as follows: BEGINNING a: tne :ntersectlor, 0: the soutt-, line aT F .~I.. highway No, 544 (Vi. Kirby Street) (varianls width right-of-way), with the northwest line of said Kansas City Southern Railroad right-ot-way (150 feet wide); THENCE southerly and southwesterly, along the northwest line of said Kansas City Southern Railroad right-of-way the following, S 0408 1'17 II V\i. : 39. C2 fee: to t:tf:' po~r;t of cur...:o:ure O! c nO;-t.:arr8en~ :trc;ular CUf\f€ to the right having a radius of 522.89 fee:; Southwesterly, along said Gurve to me right. tnrougn a central angle of 48"10'49", an arc distanGe of 439.70 feet and haVing a chord whiGh bears S 28006'08" W, 426.86 teet; S 52"11 '37" W, 34.25 fee:; S 65011 '01" W, 482.89 teet; THENCE S 02'30"; 5" \\', departing tne r,Qrtt,wes: li:!e :/ sa',(j Kansas CIty' SQl.,;t~ern Railroec fq;r.t-of. way, 6,13 feet; THENCE S 52"15'30" IN, 1032.28 tee:: THENCE S 55004'29" IN, i 00 12 fee: to the i"tersect:on of me west I:~e of Westgate Way i 1 00 foot rignt-of-wayi at this pOint with tne nor:hwest line of saio Kansas CIty Southern Railroad right-of-'Nay, said point also being the southeast comer of Lot 2, Block />, of said Westgate Center. Phase One; THENCE S 52'16'00" W, aiong ::-,e no::hw::;;: line of said Ka~sas City So~:ne,n Railroad right-of-way and south line of said Lot 2, Block A. 790,00 feet to the southwest comer of said Lot 2, Block A same being t;-,e sc"tneas: ccrne' 0: the 5a"ae;-, Aaditic,:, an addition to the Crty ot 'NY!I€:. Texas, aCGording to the plat thereof recorded in Volurr,e G. Page 543 MRCCT; THENCE ~, OeoOT 22" ::, c:epa"::ng ;:':8 no":h,':Jest line of sai: K::msas Crty Sou:ne~n P,a;:ro Be ::g,'-::-ol- '.vay, along me wes: line 81 said ~ct 2. Bio'::kt., and eas: iine of said Sandei', Add;t:o~" i 392.96 fee: to t~e scut~....:est CO;':ler of _0: 2,t." Bjeck A cf \'/es:gete Cen:=~, Pr.ase C'~e, an 3jd:t~or~ to !he Ci:y of \-Vvlie, '"Texas, according to the ptat :herecf recorded in 'voiume ~t Page 632 iv1RCCT; THENCE S 89056' 38" ~, depar:l~g !~e '/'..''.:?s''. l~~e of sa~c ~ct 2 I Bfo:i<. A ?nj eas~ line of said Sa:1de.... Addition. along the sou:" iine of saie La: 2 ,A. Btoc:,A" 519.10 feet ,::; ::1e sout,"lecs: cor:-,e: o' saie Lot 21;.., BlOCK ,!:.." and iyirig 1:1 :~e \\'es: line 07 V'jest;a:e V-Iay (65 ;:).:J: r;g::t~of-'l/a\< a: thIs poir.:; THENCE r--. 28'=":32' ~ 9" c./ c~::;s5ing sa~: './':es:~3:e V'ia~i 6-;. 8: f~e: :c a pOlr.: ir, :ne 625: ;:ne of sai(: vVes:ga:e \^/ay at t~e \.\leste;-!y co:,;-:ei of Lot 6, Btock A 0': said The G:--ee'iv/8vAddrlior.; Page 2 REINVESTMENT ZONE No, 6 THENCE N 45003'22" E, departmg the east line of saic 'vVeslgate Way, along me nonnwes: line of salo Lot 6, Biock A. 205.96 feet; THENCE S 87045'43" E, along the north line of said Lot 6, Block A. 155.60 feet; THENCE S 32000'57" W. along the southeast line of said Lot 6, Block A, 311.54 feet; THENCE S 64"33'30" W, along the southeast line of said Lot 6 BlOCK A, 41,03 to B point in the east line of said Westgate Way, and lying in a non-tangent circular curve to the right having a radius of 357,50 feet; THENCE southerly, along the east line of said Westgate Way the following; Southeasterly, along said curve to the right, through a central angle of 25041' 11", an arc distance of 160.27 feet and having a chord which bears S 08"16'36" E, 158.93 feet: S 04034'00" \N, 339.46 feet to the northwest corner of Lm 7, Block A of said The Greenway Addition; THENCE S 85026'00" E, departing the east line of said Westgate Way, along the north line of said Lot 7, Block A, 279,24 feet; THENCE S 37"44'30" E, along the northeast Ime of said Lot 7, Block A, 59.26 tee: to a pOInt In tne northwest line of said Kansas City Southern Railroad right-of-way; THENCE N 52015'31" E, along the northwest line of said Kansas City Southern Railroad right-of-way, 702.98 feet to the southeast corner of Lot 3, Biock A of said The Greenway Addition, same being the southwest corner of said Greenway-Columbia, L.P, tracts; THENCE northerly, along the east line of sald The Greenway Addition a:1d west line of said Greenway- Columbia, L.P. tracts the following: N 02030'15" E, 272.02 feet; N 8]032'59" W, 50,32 feet; N 02022'01" E, 102.06 feet; S sr41 '09" E, 51.24 feet; N 02014'17" E, 453.59 feet to a point in the south line of said F.M, Highway No, 544; THENCE easterly, along the south i1ne of said F.M. Highway No. 544 the following: N 89042' 51" E, 126.08 iee: to the pOInt of curvature of a non-tange"t Clr:Uia: curve to tn8 right having a radius of 5,669.58 fee:: Southeasterly, a.ong Said curve to the rign:, througr. a cent'a! angle of 02"14'00", an ore distance of 220.99 feet and having a chord which bears S 89"10' i 1" E, 220.98 ieet; S 880C3'09" E, 60.03 tee:: S 87059'23" E., 197.84 feet to the POINT of BEGINNING and containing 27.830 acres of land, Page J REINVESTMENT ZONE No.6 This document was prepared under 22 TAC s663.21, does not reflect the results oi an on the ground survey, and is not to be used to conveyor establish interests in real property except those rights and Interests Implied or established by the creation or reconfiguration of me boundary of the political subdivision for which it was prepared, B'~ ~:)-::f~7}-';-"<2"~-"'" w- '\ ~ , -, -.... " .,.... ..~. '" '< ~..'.. Sparr Surveys J ,.~. ,.. I. ~ . ~ \ ~ , ~". " - "\ ( P' + ','~' 2553 C.R. 722 . ... f '? Co,,, ,"'... \ Registered Professional . t' , t." '\\ McKinney, TX 75069 ---.-.......~-...__,..:.......__' ,,\ Land Surveyor No. 3701 ~ Ei~AD SF)/ir:~1 ;~\ (214) 544-2297 \7~1"'-::7""':i ~ 4> ,j i U _ t-. r_J! 0.. ..~." '/ l' ':-0.: ~ t . \ .,. C)) ,.~ .... ., ..,It -\. (/' Q -_.,r', "-- if l) U jS. ~ c,..' . ~ """~~,...-' REINVESTMENT ZONE NUMBER 6 Chris Hoisted, P.E. 0 115 230 460 Feet City Engineer I I I I I I I I I 949 Hensley Lane Wylie, Texas 75098