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Ord 054-98 6/16/1998ORDINANCE NO. 5 4 " A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL REINVESTMENT ZONE IN THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF THE REINVESTMENT ZONE AND THIS ORDINANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 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, Vernon's Texas Civil Statutes, (the "ACT "); and, WHEREAS, a hearing before the City Council was set for 8:30 o'clock a.m. on the 16th day of June, 1998, such date being at least seven (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, whether all or part of the territory, which is described by a metes and bounds description 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 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 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: 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. The City, after conducting such hearing and having heard such 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; and, (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; and, (c) That creation of the proposed Zone, with boundaries as described in Exhibit "A," will result in benefits to the City, its residents and property owners, and to the property, residents and property owners in the Reinvestment Zone; and, (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, 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: (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. SECTION 3. The City hereby creates a Reinvestment Zone over the area described by the description in Exhibit "A," attached hereto, and such Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, Number 98 -1 , ABB Control, Inc. , City of Wichita Falls, Texas, (the "Zone "). SECTION 4. The operation of the Zone shall commence thirty (30) days after passage of this ordinance for a period of five (5) years, may be renewed for an additional five (5) years, or may terminate sooner by subsequent ordinance. SECTION 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 ten (10) years, and the written agreement(s) shall provide an exemption from taxation the increased value in the real and /or personal property in an amount of up to one hundred percent (100°/x) of the increased value. SECTION 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. SECTION 7. It is hereby officially found, determined, and declared that a sufficient written notice of the date, hour, place, and subject of the meeting of the City Council at which this ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 -17, Vernon's Annotated Civil Statutes, as amended, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. SECTION 8. The contents of the notice of pubic hearing, which hearing was held before the City Council on the 16th day of June, 1998, and the publication of said notices, is hereby ratified, approved, and confirmed. PASSED AND APPROVED this the 16th day of June, 1998. ATTEST: Clerk MA O EXHIBIT "A" A tract of land out of Block No. Four (4), Kemp & Newby Subdivision out of the Cherokee County School Lands, A -33, Wichita County, Texas, described by metes and bounds as follows: BEGINNING at an iron rod found at the intersection of the West right -of -way line of South Freeway (U.S. 281 Expressway) and the North right -of -way line of Hatton Road, said iron rod bears North 50° 09' 05" West 88.24 feet from the Southeast corner of said Block 4, Kemp & Newby Subdivision; THENCE along said North right -of -way line of Hatton Road as follows: THENCE North 89° 11' 06" West 127.83 feet to an iron rod for corner; THENCE South 05° 24'07" West 8.15 feet to an iron rod; THENCE North 880 53' 30" West 491.96 feet to an iron rod at the Southwest corner of this tract; THENCE leaving said North right -of -way line of Hatton Road, North 01' 06' 47" East 310.05 feet to an iron rod; THENCE North 01° 06' East 290.60 feet to an iron rod at the Northwest corner of this tract; THENCE South 890 01' 25" East 673.76 feet to an iron rod lying in the West right -of- way line of South Freeway (U.S. 281 Expressway), at the Northeast corner of this tract; THENCE along said West right -of -way line of South Freeway (U.S. 281 Expressway) as follows: South 00° 48'40" West 286.66 feet to an iron rod; THENCE South 07° 08' 24" West 286.0 feet to a Texas Highway Department monument; THENCE South 49° 03' 31" West 33.36 feet to the Place of Beginning and containing 9.16 acres of land, more or less. ORDINANCE NO. 54-98 AN ORDINANCE OF THE CITY COUNCIL OF THE C I T Y O F W I C H I T A FALLS, TEXAS, DESIG- NATING A CERTAIN AR- EA AS AN INDUSTRIAL REINVESTMENT ZONE IN THE CITY OF WICHI- TA FALLS, TEXAS. PRO- V I D I N G F O R T H E ESTABLISHMENT OF AGREEMENTS WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO; PROVIDING FINDINGS OF FACT; PROVIDING A SEVER - ABILITY CLAUSE; PRO- VIDING AN EFFECTIVE DATE FOR THE COM- MENCEMENT OF THE REINVESTMENT ZONE AND THIS ORDINANCE; FINDING AND DETER- MINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE -! QUIRED BY LAW. ORDINANCE NO.55 -98 AN ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND F O R A D D I T I O N A L GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION OFFICE OF THE GOVERNOR AND SI AUTHORIZING THE CITY 1P/ MANAGER TO EXECUTE o� CONTRACT ACCEPTING 6 SAME. '{�w yY' fRI -T.e+m ia& ebfi! ft' IMl AAM11if3iM9A91A 'RS38fieMN11AAFAA95:V!sRL:t Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA On this 30th 000623 day of June A.D....A 0.9A ... personally appeared before me, the undersigned authority Kathy ftlan bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times /Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in *is* t 1 I issues thereof on the following dates: $1"* 380 1998 Bookkeeper for Time Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: