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Ord 57-2011 10/4/2011ORDINANCE NO. 57 -2011 Ordinance Designating Property At/Near 3800 Central Freeway As An Industrial Reinvestment Zone; Providing For Severability; Declaring An Emergency; And Providing An Effective Date WHEREAS, the City Council of the City of Wichita Falls, Texas (the "City ") desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a Reinvestment Zone, as codified in Chapter 312 of the Texas Tax Code and known as the Property Redevelopment and Tax Abatement Act, (the "Act ") WHEREAS, a hearing before the City Council was set for this date, being at least 7 days after the date of publication of the notice of such public hearing in a newspaper of general circulation in the City of Wichita Falls; WHEREAS, the City has called a public hearing and published notice of such public hearing, and has properly notified the proper officials of Wichita County and the City View School District, as required by the Act; WHEREAS, upon such hearing being convened, there was presented proper proof and evidence that notices of such hearing had been published and mailed as described above; WHEREAS, the City, at such hearing, invited any interested person, or his attorney, to appear and contend for or against the creation of the Reinvestment Zone, which includes the property contained within Lot 1, Block 1, Allis Chalmers Subdivision, according to plat recorded at Volume 19, Page 13, Wichita County Plat Records, which is located at 3800 Central Freeway, Wichita Falls, Wichita County, Texas, owned by Cryovac, Inc., a Delaware corp., and which is depicted in Exhibit "A" as the "Reinvestment Zone "; 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 or the inclusion of their property in such Reinvestment Zone; 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 no opponents of the Reinvestment Zone appeared to contest creation of the Reinvestment Zone; and WHEREAS, after considering all testimony and evidence offered at the public hearing, the City Council finds that improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Zone, will be of general benefit to the City of Wichita Falls, and that it will be in the public interest to pass this ordinance creating a Reinvestment Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. In accordance with Chapter 312 of the Texas Tax Code, the City has held a public hearing in this matter and adopts the findings herein. 2. The City, after conducting a public hearing and having heard evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on adoption of the Reinvestment Zone has been properly called, held and conducted, and that notice of such hearing has been published as required by law; (b) That the City has jurisdiction to hold and conduct this public hearing on the creation of the proposed Reinvestment Zone, pursuant to the Act; (c) That creation of the proposed Reinvestment Zone will result in benefits to the City, its residents and property owners, and to the property, residents and property owners in the Reinvestment Zone; (d) That the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the City after the expiration of an agreement entered into under Section 312.204 of the Act; and (e) That the Reinvestment Zone meets the criteria for the creation of a Reinvestment Zone as set forth in Section 312.202 of the Act, and: (1) It is a contiguous geographic area located wholly within the corporate limits of the City. (2) The area will reasonably be 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. (3) No part of the property in the Reinvestment Zone is owned or leased by a member of the governing body of the City or Town, or by a member of a zoning or planning board or commission of the City. (4) Improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Reinvestment Zone. 3. The City hereby creates a Reinvestment Zone over the area described in Exhibit "A ", and such Reinvestment Zone shall hereafter be identified as the Cryovac Industrial Reinvestment Zone, (the "Zone "). 4. The operation of the Reinvestment Zone shall commence immediately upon passage of this ordinance for a period of 10 years or may terminate sooner by subsequent ordinance. 5. A written agreement(s) as provided in the Act, with the owners of the property located within the Reinvestment Zone, is hereby authorized for a period of up to 10 years, and the written agreement(s) shall provide an exemption from taxation for the increased value in the real and /or personal property in an amount of up to 100% of the increased value. 6. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. 7. The contents of the notice of pubic hearing, which was held before the City Council on this date, and the publication of notices thereof as required by law, are hereby ratified, approved, and confirmed. 8. The immediate need to provide for the installation of the equipment and employment of personnel to operate same creates an emergency, and in order to protect the public health, welfare and to preserve the peace, this ordinance shall take effect immediately, and it is so ordained. PASSED AND APPROVED this the 4th day of October, 2011. YO PRO TEM ATTEST: Exhibit "A" Depiction of Cryovac Industrial Reinvestment Zone Lot 1, Block 1, Allis Chalmers Subdivision, according to plat recorded at Volume 19, Page 13, Wichita County Plat Records, and /aka property at 3800 Central Freeway, Wichita Falls, Wichita County, Texas, which is currently owned by Cryovac, Inc., a Delaware corporation