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Ord 136-96 9/17/1996ORDINANCE NO. 6 � (D—Ci � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING A CERTAIN AREA AS AN INDUSTRIAL REINVESTMENT ZONE, 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; AND PROVIDING AN OPEN MEETINGS CLAUSE. 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 17th day of September, 1996, 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 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" and depicted in the drawing attached hereto as Exhibit "B," 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. preamble of this true and correct. The facts and recitations contained in the ordinance are hereby found and declared to be 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" and "B," 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 Reinvestment Zone, as defined in Exhibits "A" and "B," 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 depicted in a drawing attached hereto as Exhibit "B," and such Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, Number 2 of the City of Wichita Falls, Texas (the "Zone "). SECTION 4. The operation of the Zone shall commence on September 17, 1996, 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 agreements) 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 agreements) shall provide an exemption from taxation the increased value in the real and /or personal property in an amount of up to one hundred (1000) percent 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 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, Chapter 551 of the Texas Government Code, 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 public hearing, which hearing was held before the City Council on the 17th day of September, 1996, and the publication of said notices, is hereby ratified, approved, and confirmed. PASSED AND APPROVED this the 17th day of September, 1996. ATTEST: h '&o ) h (o �'J City Clerk M A Y O R A 7.53 acre tract of land out of Annie E. Cummings Survey, A -610, Wichita Falls, Wichita County, Texas, described by metes and bounds as follows: EXHIBIT A BEGINNING at an "X" found in concrete at the Southwest corner of Lot 1 -B, Block 13, Burlington Call Field Industrial District, an Addition to the City of Wichita Falls according to the plat of record at Volume 25, Pages 243 and 244, Wichita County Plat Records, said point lies in the East right -of -way line of Lawrence Road for the Southwest corner of this tract; THENCE along the said East line of Lawrence Road, North 00 44' East 195.02 feet to a Masonry Nail set at Northwest corner of Lot 1 -B; THENCE with South line of Keith Street, North 890 59' East 758.71 feet to a nail found at the Southeast corner of Keith Street right -of -way; THENCE North 10 03' East 60.0 feet to an "X" in concrete in South line of Lot 2 -A, Block 8; THENCE North 0° 01' 30" East 215.5 feet to an iron rod set in the North line of Lot 2 -B which is 23 feet South of the centerline of a Railroad Spur; THENCE with the North line of Lot 2 -A, North 890 56' East 48.05 feet to an iron rod set at the beginning of a curve to the left having a radius of 403.7 feet and a central angle of 440 521; THENCE Northeasterly parallel to and 23 feet from said Railroad Spur centerline for an arc distance of 316.1 feet to an iron rod set at the Northeast corner of Lot 2 -A; THENCE South 00 03' 17" East 332.3 feet to an iron rod found at the Southeast corner of Lot 2 -A; THENCE North 890 51' East 50.0 feet to an iron rod found at the Northeast corner of 2.25 acres conveyed to Preston Products, Inc., by Deed recorded at Volume 1877, Page 62, Official Records of Wichita County; THENCE South 00 02' East 255.0 feet to an iron rod found at the Southeast corner of said 2.25 acres; THENCE South 890 51' West 597.30 feet to a nail found at the Southeast corner of said Lot 1 -B, Block 13; THENCE with the South line of Lot 1 -B, West 548.21 feet to the PLACE OF BEGINNING. r ir^ C7 I 9 o Ir � 1 r � I o v I I I � I I 8 � I G � I � � I I I LAWRLNYCE ROAD rmw asp N 0' 44' 14S. of w 25- B.LL Z s � aw Eicc B k �m r > OO (� 1 S c wm N v m Wf -M or a f M i 1 r > �r y QO ti j� a v Z C) D m JOHN SON t MNX %VtsH WL 1507 P6 sn W O _ 09 N 0 E 215,S I --J W n D i 1 r > �r y QO ti j� a v Z C) D m JOHN SON t MNX %VtsH WL 1507 P6 sn r wnc > f- Q i co D Jil 0 \\ s 0- 03' s 0. 07 253.0- ' FORTH WORTH AND 00NO RALROAO VOL 943 M 4S6 w Ro i� I '1( I s 1 oN 1 u z u 0 m v -A-mom 2 + •N V D Y � ; 9 � � 2 C n o �V S �f s ' QP. 17' E 3323' ' \ s — — — — — N 0 E 215,S Iz 'U O C U C rn 1 PPA m r wnc > f- Q i co D Jil 0 \\ s 0- 03' s 0. 07 253.0- ' FORTH WORTH AND 00NO RALROAO VOL 943 M 4S6 w Ro i� I '1( I s 1 oN 1 u z u 0 m v -A-mom 2 + •N V D Y � ; 9 � � 2 C n o �V S �f s ' QP. 17' E 3323' ' \ s Affidavit of Publication ORDINANCE NO. 132-96 ORDINANCE MAKING THE STATE OF TEXAS APPROPRIATIONS FOR THE SUPPORT, MAINTE- NANCE, Bu1LDINGS AND COUNTY OF WICHITA IMPROVEMENTS FOR (F THE CITY OF WICHITA, \\ FALLS FOR THE FISCAL ere) YEAR BEGINNING OCTO- 30th BER 1, 1996, AND ENDING On this SEPTEMBER 30, 1997, BOTH DATES INCLUSIVE 19 9 6 ADOPTING THE BUDGET (FIGURES AND AC- A.D............. COUNTS AS PART OF Ad #303952 day of September personally appeared before me, the undersigned authority SAID APPROPRIATIONS, Mar E . Newell DECLARING AN EMER- Y GENCY bookkeeper ORDINANCE NO. 133-96 for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ORDINANCE LEVYING,' ASSESSING AND FIXING I THE TAX RATE FOR THE Times/Record News, a newspaper published at Wichita Falls in Wichita County, i USE AND SUPPORT OF {THE MUNICIPAL GOV- Texas, and upon being duly sworn by me, on oath states that the attached ERNMENT OF THE CITY OF WICHITA FALLS, advertisement is a true and correct copy of advertising published TEXAS, AND PROVIDING / I T H E INTEREST AND in one- l 1 issues thereof on the following dates: 'i SINKING FUND FOR THE FISCAL YEAR 1996 -97 AND APPORTIONING EACH LEVY FOR THE SPECIF- IC PURPOSE AND PRO- VIDING FOR THE AS- SESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMER- GENCY - ORDI y� ORDINANCE NO. 134-96 ORDINANCE AUTHORIZ- ING AND ALLOWING UN- D E R T H E A C T September 29, 1996 Bookkeeper foyrAes Publishing Company of Wichita Falls GOVERNING THE TEXAS E TI R E -• L) Subscribed and sworn to before me this the day and year first above written: MUNICIPAL i!vi MENT SYSTEM, "UPDAT- ORDINANCE NO.136 -96 ""Mai ED SERVICE CREDITS" ORDINANCE OF THE IN SAID SYSTEM ON AN CITY COUNCIL OF THE ANNUAL BASIS FOR SER- C I T Y OF W I C H I T A VICE PERFORMED BY FALLS, TEXAS, DESIG- QUALIFYING MEMBERS NATING A CERTAIN AR OF SUCH SYSTEM WHO AT THE EFFECTIVE REINVESTMENT ZONE DATE OF THE ALLOW- IH T A CITY OF WICHITA H T ANCE ARE IN THE EM- FALLS, TEXAS, - PLOYMENT OF THE I NG FOR THE ESTAB - I; CITY O F WICHITA FOR I S H M E N T O F AGREEMENTS WITHIN FALLS; PROVIDING INCREASED PRIOR AND THE ZONE, AND OTHER CURRENT SERVICE AN- jl MATTERS RELATING THERETO; PROVIDING NUITIES FOR RETIREES AND BENEFICIARIES OF FINDINGS OF FACT; DECEASED RETIREES PROVIDING ASEVER- OF THE CITY; AND ES- OF I ABILITY CLAUSE; PRO- AN EFFEC- VIDING AN EFFECTIVE DATE FOR THE COM- TIVE DATE FOR THE 1 MENCEMENT OF THE ORDINANCE ORDINANCE N0.135 -96 REINVESTMENT ZONE ORDINANCE AUTHORIZ- . AND THIS ORDINANCE; ING AND ALLOWING, UN- AND PROVIDING AN D E R T H E A C T OPEN MEETING S GOVERNING THE TEXAS CLAUSE ORDINANCE NO. 137-96 MUNICIPAL RETIRE- MENT SYSTEM, RE- ORDINANCE APPROPRI- S T R I C T E D PRIOR ATING MONEYS, FROM PRIOR YEAR RESERVES SERVICE CREDIT TO EMPLOYEES WHO ARE OF STATE AND FEDER- MEMBERS OF THE SYS- AL ALLOCATIONS, TO TEM FOR SERVICE PRE- COMPLETE FUNDING OF VIOUSLY PERFORMED THE TRANSIT STUDY; FOR VARIOUS OTHER FINDING AND DETER- H E MINING THAT T T H E PUBLIC ENTITIES FOR MEETING WHICH WHICH THEY HAVE NOT , THIS ORDINANCE WAS RECEIVED CREDITED i PASSED WAS OPEN TO SERVICE; AND ESTAB- �, THE PUBLIC A S RE- LISHING AN EFFECTIVE QUIREDBYLAW DATE FOR THE ORDI- ORDINANCE NO. 138-96 NANCE ORDINANCE N0.136 -96 % ORDINANCE REZONING ORDINANCE OF THE ` LOT 7 -A, BLOCK 107A, HIGHLAND ADDITION CITY COUNCIL OF THE A CITY OF W I C H I T A (2208 AVENUE O), WICHI- FALLS, TEXAS, DES( TA FALLS, TEXAS FROM LIMITED COMMERCIAL NATING A CERTAIN AR- EA AS AN INDUSTRIAL TO GENERAL REINVESTMENTZONE, TIONER- ZONING CONDITIONED ZONING CITY OF WICHITA AND FINDING AND DETER - TEXAS, PROVID- MINING THAT THE iINGFORTHE ESTAB - � L I S H M E N T O F MEETING AT WHICH THIS ORDINANCE WAS AGREEMENTS WITHIN A THE ZONE, AND OTHER PASSED WAS OPEN TO �� MATTERS RELATING -THE PUBLIC AS RE- QUIRED BYLAW ORDINANCE NO.139 -96 ORDINANCE WAIVING lSECTION 27 -39 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF U.S. EXPRESSWAY 287 ADJACENT TO THE SOUTH LINE OF LOT 4 -A, BLOCK 8,CHEROKEE COUNTY SCHOOL LAND ORDINANCE NO. 140-96 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION SECTION 9 (B) (2) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF U.S. EXPRESSWAY 287 ADJA- CENT TO THE SOUTH LINE OF LOT 4 -A, BLOCK 8, CHEROKEE COUNTY SCHOOL LAND ORDINANCE NO. 141-96 ORDINANCE WAIVING SECTION 27 -30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF HICKORY LANE ADJA- CENT TO THE SOUTH LINE OF LOTS 2 AND 3, BLOCK 8 A, KEMP AND HARRELL SUBDIVISION ORDINANCE NO. 142-96 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION SECTION 9 (B) (2) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF HICKORY LANE ADJA- CENT TO THE SOUTH LINE OF LOTS 2 AND 3, BLOCK 8 -1 KEMP AND HARRELLSUBDIVISION ORDINANCE WAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXASDEPARTMENT OF HEALTH AND AUTHO- RIZING THE CITY MAN- AGER TO EXECUTE CONTRACT ACCEPTING SAME ORDINANCE NO.144 -96 ORDINANCE OF THE CITY COUNCIL OF THE { C I T Y OF W I C H I T A ' FALLS, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO SKATE - BOARD; ROLLER BLADE, ROLLER SKATE, BICY- CLE OR OPERATE A GO- C A R T O N M P E C GROUNDS; SAVE AND EXCEPT ON THE PARK - ING LOTS OF THE MPEC; PROVIDING FOR A SEV- ERABILITY CLAUSE; FINDING AND DETER- MINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIREDBYLAW ORDINANCE NO. 145-96 ORDINANCE WAIVING SECTION 22 -1 (a) (2), SEC- TION 22 -3 AND SECTION 22 -4 OF THE CODE OF OR- DINANCE TO PERMIT HORSES, ATTENDANCE D U R I N G C U R F E W HOURS, AND SALE OF BEER AND WINE DUR- ING FALLSFEST IN LUCY PARK SEPTEMBER 27 AND 28,1996 ORDINANCE NO.146 -96 ORDINANCE WAIVING SECTION 5 -59 OF THE CODE OF ORDINANCES WHICH PROHIBITS GIV- ING ANIMALS AS PRIZES R INDUCEMENTS