Ord 33-2017 8/15/2017Ordinance No. _33-2017_
Ordinance designating property as a Reinvestment Zone tha t is located at
300 Travis; providing for severability; declaring an emergency; and
providing an effective date.
WHEREAS, the City Council of the City of Wichita Falls, Texa s (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 hearing before the Ci ty Council was held on August 1, 2017, 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, as required by the
Act; and,
WHEREAS, upon such hearing being convened, th ere 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 c reation of the Reinvestment Zone, which includ es the
property 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 no opponents of the Reinvestment Zone appeared to contest
creation of the Reinvestment Zone; and ,
WHEREAS, after considering all testimony and ev idence 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 Ac t; 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) the improvements sought, a convention hotel, are feasible and
practical and would be a benefit to the zone after the expiration of the
tax abatement agreement;
(2) the City’s criteria for tax abatement are met as set out by resolution
09-2016, (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;
(3) the building and operation of a full-service convention hotel will have a
secondary impact, through the use of local contractors and service
businesses, on the local economy;
(4) proper notice was given of this public hearing to the presiding officers
of Wichita County and the Wichita Falls Independent School District;
and
(5) notice of this public hearing was published in the Times Record News,
a paper of general circulation, on July 19, 2017, 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 Exhibit
"A", and such Reinvestment Zone shall hereafter be identified as the Convention
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 provid ed 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 prope rty 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 s hall 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 he aring, 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 15th day of August, 2017.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk