Ord 24-2021 Designating Reinvestment Zone 2400 Burk Road Clayton Homes 08/03/2021 Ordinance No. 24-2021
Ordinance designating property as a Reinvestment Zone that is
located at 2400 Burkburnett Road in 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 August 3, 2021,
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; and,
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 (Tract 1) 31.01 acres being all of Block 4 and Block
5, Unit Two, Arrowhead Industrial District, and known as 2400 Burkburnett Road, Wichita
Falls, Wichita County, Texas; and (Tract 2) 1.11 acres out of the M. Carbajal Survey, Abstract
44, Wichita County, Texas, according to the Plat in Volume 2916, Page 842, Wichita County
Plat Records, owned by the Wichita Falls Economic Development Corporation, 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,
That notice of this public hearing was published in the Times Record
News, a paper of general circulation on July 21, 2021, a date that
was no later than the 7th day before this hearing.
3. The City hereby creates a Reinvestment Zone over the area described in
Exhibits A and A-1, and such Reinvestment Zone shall hereafter be
identified as the Clayton Homes Reinvestment Zone, (the "Zone").
4. The Zone is eligible for commercial-industrial tax abatement.
5. 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.
6. 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.
7. 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.
8. 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.
9. This ordinance shall take effect September 3, 2021, and it is so ordained.
PASSED AND APPROVED this the 3rd day of August, 2021.
MAYOR
ATTEST:
City Clerk
EXHIBIT A
Exhibit A
Real Property Description
Tract 1:
Field Notes of 31.01 acres being all of Block 4 and Block 5, Unit Two, Arrowhead
Industrial District, and known as 2400 Burkburnett Road, Wichita Falls, Wichita
County, Texas, and described as follows:
BEGINNING at a 3/8-inch iron rod found at the Northwest corner of Block 4, Unit Two,
Arrowhead Industrial District, as shown on the plat of record in Volume 21, Pages 21-22,
Wichita County Plat Records, a fire hydrant on the East line of the Old Burk Road bears on foot
West from this iron rod;
THENCE N 72° 01' E 299.55 feet to a two-inch pipe for a corner, a three-inch pipe fence corner
bears North nine-tenths of a foot and East three-tenths of a foot;
THENCE N 17° 57' W 201.42 feet to a three-inch pipe fence corner post for a corner;
THENCE N 71° 51' E 826.76 feet (824.07 feet record) to a 3/8-inch iron rod found on the West
line of Burkburnett Road (State Highway 240), a three-inch pipe fence corner post bears South
71° 51' West 7/10 of a foot;
THENCE S 23° 30' 24" E 1,114.04 feet along the West line of the Burkburnett Road to an iron
rod set at the beginning of a curve to the right, a power pole with an aluminum tag marked
7,980 bears South 30° East 18.4 feet;
THENCE in a Southeasterly direction with the curve to the right having an arc length of 290.66
feet, a radius of 2,666.71 feet, a central angle of 6° 14' 42", the chord bears S 20° 23' E 290.52
feet to a 1/2-inch iron rod set for the Southeast corner of Block 5, Unit Two Arrowhead Industrial
District, as shown on the Plat of Record in Volume 27, Pages 326-327, Wichita County Plat
Records;
THENCE N 89° 45' W 1,310.20 feet (1,317.98 feet record) along the South line of Block 5 to a
'A-inch iron rod found on the East line of the Old Burk Road for the Southwest corner of this
tract;
THENCE N 18° 05' W along the East line of the Old Burk Road at 264.1 feet pass a three-inch
pipe fence corner post, in all a total distance of 785.36 feet to the Place of Beginning and
containing 31.01 acres of land. The bearings in these Field Notes are NAD 83 Grid from Solar
Observations.
Tract 2:
Field Notes of 1.11 acres out of the M. Carbajal Survey, Abstract 44, Wichita
County, Texas, and described as follows:
BEGINNING at a ' -inch iron rod found on the West line of the Old Burk Road, said iron rod
bears S 18° 05' E 915.49 feet to the intersection of the North line of Pleasant View Road and
the West line of the Old Burk Road, also a 3/8-inch iron rod at the Northwest corner of Block 4,
Unit Two Arrowhead Industrial District bears N 18° 05' W 338.67 feet and N 71° 55' E 70.0 feet;
EXHIBIT A
THENCE S 18° 05' E 270.0 feet along the West line of the road to a '/2-inch iron rod found for
the Southwest corner of this tract, a 3/8-inch iron rod found on the North side of a gravel
driveway bears South 19.3 feet and East 2.1 feet;
THENCE with a curve to the right in a Northwesterly direction having an arc length of 421.42
feet, a radius of 790.31 feet, a central angle of 30° 33' 09", the chord bears N 52° 29' 42" W
416.45 feet to a bridge spike found on the East line of the Wichita, Tillman and Jackson
Railroad;
THENCE N 16° 28' W 126.58 feet along the East line of the Railroad to a '/2-inch iron rod set
for the Northwest corner of this tract;
THENCE with a curve to the left in a southeasterly direction having an arc length of 313.98
feet, a radius of 405.66 feet, a central angle of 44° 20' 51", the chord bears S 67° 16' 54" E
306.20 feet to the Place of Beginning and containing 1.11 acres of land. The bearings in these
field notes are NAD 83 Grid bearings from Solar Observations.
EXHIBIT A-1
Tract 1
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Tract 2
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EXHIBIT B
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
EXHIBIT B
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 21st day of January, 2020.
` MAYOR
ATTEST:
City Clerk
i
TEXASAkC4i4 a
Me fgef.*den Ofportwee/os
NOTICE OF PUBLIC HEARING
The Wichita Falls City Council will hold a public hearing in the Council Chambers of the
Memorial Auditorium building at 1300 7th Street on August 3, 2021, beginning at 8:30 a.m. for
the purpose of: (1) considering designating, as a reinvestment zone, the following property:
2400 Burkburnett Road; (2) determining eligibility of zones for tax abatement; and (3) finding
that the improvements sought are feasible, practical, and would be a benefit to the zone after
the expiration of the tax abatement agreement under Texas Tax Code §312.204.
Certification
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, TX on the 19th day of July, 2021, at 10:30 o'clock a.m.
Akttuv.
City Clerk
Times Record News
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
CITY OF WICHITA FALL NOTICE OF PUBLIC HEAR-
P OBOX 1431 ING
The Wichita Falls City
Council will hold a public
WICHITA FALLS, TX 76307 hearing in the Council Cham-
bers of the Memorial Audito-
rium building at 1300 7th
Street on August 3, 2021, be-
ginning at 8:30 a-m.for the
STATE OF WISCONSIN, COUNTY OF BROWN purpose of: (1)considering
designating,as a reinvest-
ment zone,the following
On this July 21,2021 AD, personally appeared before me property: 2400 Burkburnett
the undersigned authority for the Times Publishing Road; (2) for tax
eligi-
bility of zonesax abate-
Company of Wichita Falls, publishers of the Wichita Falls in ment; and (3) finding that
Wichita County, Texas, and of general circulation in said the improvementssoug an
feasible, practicaa wl, and wouldd
county,and upon being duly sworn by me,on oath states be a benefit to the zone after
that the attached advertisement is a true and correct copy of the expiration of e tax
abatement agreement under
advertising published in day(1)issues hereof on the Texas Tax Code§312.204.
following date:
i00gg iO
07/21/2021
Subs ribed an sworn to before me on July 21, 2021
D
gal Clerk
Notary P , Sta f WI, County of Brown
My commission expires
SHELLY HORA
Notary Public
State of Wisconsin
Publication Cost: $122.26
Ad No:0004831543
Customer No: 1237516
PO#: NOTICE OF PUBLIC HEARING
#of Affidavits2
This is not an invoice