Ord 10-2020 Reinvestment Zone Pamlico 3/3/2020Ordinance No. 10-2020
Ordinance designating property as a Reinvestment Zone that is
located at 2801 Production Boulevard, Wichita Falls, Texas,
providing for severability; 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"); and,
WHEREAS, a public hearing before the City Council was held on March 3, 2020,
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; and,
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
Wichita Falls Independent School District, as required by the Act; and,
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 -land,
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 known as Lot Two (2), Tract One (1), Unit Three (3),
Expressway East Industrial District (A Replat of Expressway East Industrial
District, Tract 1, Unit 3), an Addition to the City of Wichita Falls, Wichita County,
Texas, according to the Plat in Volume 28, Pages 1025-1026, Wichita County Plat
Records, owned by Rise Properties LLC, and which is depicted in Exhibit A as the
"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 or the
inclusion of their property in such 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,
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;
e. That the improvements sought, a manufacturing facility, are feasible
and practical and would be a benefit to the zone after the expiration
of the tax abatement agreement;
f. That the City's criteria for tax abatement are met as set out by
Resolution 5-2020 (as shown on Exhibit B) and the designation of
the zone is reasonably likely to contribute to the retention or
expansion of primary employment or to attract major capital
investment that will benefit the City's economic development;
g. That the building and operation of a manufacturing facility will have
a secondary impact, through the use of local contractors and service
businesses, on the local economy;
h. That proper notice was given of this public hearing to the presiding
officers of Wichita County and the Wichita Falls Independent School
District; and,
i. That notice of this public hearing was published in the Times Record
News, a paper of general circulation on February 20, 2020 a date
that was no later than the 7t" day before this hearing.
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
Pamlico Reinvestment Zone, (the "Zone").
4. The operation of the Reinvestment Zone shall commence immediately upon
passage of this ordinance for a period of 5 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 will be presented to City
Council for approval, and the written agreement 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. The City Attorney is hereby
authorized to deliver notice of said agreement to the other taxing entities as
provided by the Act.
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 public 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. This ordinance shall take effect April 3, 2020, and it is so ordained
PASSED AND APPROVED this the 3rd day of March, 2020.
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ATTEST:
City Clerk
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Resolution No. 05-2020
Resolution declaring the City of Wichita Falls' eligibility and intention
to participate in the Texas Tax Abatement Program to promote
development and redevelopment and adopt guidelines and criteria for
tax abatement in the City of Wichita Falls
WHEREAS, the City Council of the City of Wichita Falls, Texas, desires to promote
the development/redevelopment of certain contiguous geographic areas within its
jurisdiction; and,
WHEREAS, the City of Wichita Falls, Texas, is authorized to enter into Tax
Abatement Agreements for commercial -industrial or residential purposes, as authorized
by Chapter 312 of the Texas Tax Code, and,
WHEREAS, the Texas Tax Code requires the City of Wichita Falls, Texas, to
establish guidelines and create criteria for the designation of reinvestment zones, and to
enter into Tax Abatement Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The City of Wichita Falls, Texas, declares it is eligible for and intends to
participate in a Tax Abatement Program.
2. The City of Wichita Falls, Texas, hereby adopts the following Guidelines
and Criteria for Tax Abatement for use in the City's Tax Abatement Programs:
(1) The City Council of the City of Wichita Falls shall have the right,
granted under Texas statutes, to approve or disapprove the creation
of any recommended Tax Reinvestment Zone.
(2) The Tax Reinvestment Zone must be reasonably likely to contribute
to the retention or expansion of primary employment or attract major
capital investment that will benefit the City's economic development-
(3) The Tax Reinvestment Zone authorization granted by the City
Council must meet all criteria established by the authorizing
legislation.
(4) The Tax Reinvestment Zone must not require extraordinary capital
improvement financing by the City.
(5) The Tax Reinvestment Zone applicant must have a successful
business operating history of at least one year in the community or
municipal references establishing successful operations.
(6) The Tax Reinvestment Zone applicant must have a secondary
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impact, through the use of local contractors and service businesses,
on the local economy.
(7) The agreement to create Tax Reinvestment Zones will not exceed
the maximum period allowed by law of 10 years.
(8) The agreement to create Tax Reinvestment Zones will pro -rate taxes
on property improvements not less than 10%, nor more than 100%.
(9) The City Council reserves the right to negotiate any other provisions
with an individual business allowed by law.
PASSED AND APPROVED this the 21It day of January, 2020.
ATTEST:
City Clerk G