Ordinance 1994-54
ORDINANCE NO. qL./ - J <-I
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CITY OF WYLIE
PROPERTY TAX REINVESTMENT ZONE NO. ONE FOR
COMMERCIAL/INDUSTRIAL TAX ABATEMENT ON THE PROPERTY
DESCRIBED HEREIN; ESTABLISHING THE BOUNDARIES OF SUCH
ZONE; PROVIDING FOR OTHER MATTERS RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City"), desires to promote
development or redevelopment of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by V. T. C. A.
Tax Code Chapter 312 referred to as the "Property Redevelopment and Tax Abatement Act" or the
("Act"); and
WHEREAS, a public hearing before the City Council was set for 7:00 P.M. on the sixth day
of December, 1994, such date being at least seven (7) days after the date of publication of the notice
of such public hearing; and
WHEREAS, the City held such public hearing after giving written notice of said hearing to
all taxing units overlapping the territory inside the proposed reinvestment zone; and
WHEREAS, the City at such hearing invited any interested person or his representative to
appear for or against the creation of the reinvestment zone, the boundaries of the proposed
reinvestment zone, whether all or part of the territory described in the notice calling such public
hearing should be included in such proposed reinvestment zone, and the concept of tax abatement;
and
WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and
documentary, in favor of all matters relating to the creation of the reinvestment zone.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS THAT:
SECTION 1. The facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct.
SECTION 2. Definitions. For the purpose of this Ordinance, the following terms and
phrases shall have the following meanings when used in this ordinance:
a) Taxable Business Property - Shall be defined as tangible personal property such as
assembly line machines and equipment, and shall also specifically exclude inventory
or supplies.
b) Base - The base for determining increased value shall be the taxable business personal
property value assessed the year in which the value of the personal property is eligible
for abatement.
SECTION 3. The City Council of the City of Wylie, after conducting the above-mentioned
hearing and having heard such evidence and testimony presented to it does hereby make the following
findings:
a) That a public hearing on the adoption of the reinvestment zone has been properly
called and conducted and that notices of such hearings have been published as
required by law and mailed to all taxing units overlapping the territory inside the
proposed reinvestment zone; and
b) That the boundaries of the reinvestment zone are hereby established by the description
attached hereto as Exhibit "A" and made a part of this ordinance ; and
c) That creation of the reinvestment zone for commercial/industrial tax abatement with
boundaries as described in Exhibit "A" will result in benefits to the city and to the real
property included in the zone and the investments in business personal property
sought is feasible and practical; and
d) That the reinvestment zone as defined in Exhibit "A" meets the criteria for the
creation of a reinvestment zone as set forth in Section 312.202 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"
e) That the reinvestment zone as defined in Exhibit "A" meets the criteria for the
creation of the a reinvestment zone as set forth in the City of Wylie Revised Policy
Statement for Tax Abatement.
SECTION 4. Pursuant to Section 3112.201 of the Act, the City hereby creates a
reinvestment zone for commercial/industrial tax abatement encompassing only the area described by
metes and bounds in Exhibit "A" attached and such reinvestment zone is designated as Reinvestment
Zone No. One, City of Wylie, Texas.
SECTION 5. The zone shall be effective as of January 2, 1994.
SECTION 6. Any written agreements authorized under this Ordinance must include
provisions for:
a) Listing the kind, number and location of all proposed business personal property to
be located on the property;
b) Access to and inspection of property by municipal employees to ensure that the
business property is located on the property according to the specification and
conditions of the agreements:
c) Limiting the use of the property consistent with the general purpose of encouraging
development or redevelopment of the zone during the period that the property tax
exemptions are in effect; and
d) Recapturing property tax revenue lost as a result of the agreement if the owner of the
property fails to locate the business property as provided by the agreements.
SECTION 7. Should any paragraph, sentence, sub-division, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION 8. This ordinance shall be in full force and effect from and after its adoption by
the City Council as the law and the City Charter provide in such cases.
SECTION 9. That all other ordinances in conflict herewith are hereby repealed to the extent
of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict
herewith shall remain in full force and effect.
SECTION 10. The repeal of any ordinance, of parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such
ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty
accruing or to accrue, nor as affecting any rights of the municipality under any section or provisions
of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this the 6th
day of December, 1994.
Approved
Attest