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HomeMy WebLinkAboutORD 1998-139 ORDINANCE NO. 98-139 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CANVASSING RETURNS AND DECLARING THE RESULTS OF A MUNICIPAL BOND ELECTION HELD IN SAID CITY ON THE 5TH DAY OF DECEMBER 1998; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas by ordinance duly passed and adopted, made provision for an election to be held within the City on the 5th day of December, 1998 (the "Election"), for the purpose of submitting certain propositions for the issuance of general obligation bonds to the resident, qualified voters of the City of Grapevine, Texas; and WHEREAS, this City Council has investigated all matters pertaining to the Election, including the ordering, giving notice, appointing officers, holding and making returns of the Election; the election officers who held the Election have duly made the returns of the results thereof; and said returns have been duly delivered to this City Council for official canvassing of the returns thereof; and WHEREAS, upon consideration of the returns of the Election, it appears that the Election was held in accordance with the authorized proceedings and was in all respects legally held after proper notice had been given, and that the said returns were duly and legally made, showing the following results: PROPOSITION NO. 1 THE ISSUANCE OF $30,245,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS AND THE LEVYING OF A TAX IN PAYMENT THEREOF: VOTES FOR: 1,863 VOTES AGAINST: 1,664 PROPOSITION NO. 2 THE ISSUANCE OF $6,750,000 GENERAL OBLIGATION LIBRARY BONDS AND THE LEVYING OF A TAX IN PAYMENT THEREOF: VOTES FOR: 3,012 VOTES AGAINST: 502 PROPOSITION NO. 3 "� � THE ISSUANCE OF $1,625,000 GENERAL OBLIGATION FIRE STATION AND EQUIPMENT BONDS AND THE LEVYING OF A TAX IN PAYMENT THEREOF: VOTES FOR: 2,983 VOTES AGAINST: 517 PROPOSITION NO. 4 THE ISSUANCE OF $1,270,000 GENERAL OBLIGATION PARK AND TRAIL BONDS AND THE LEVYING OF A TAX IN PAYMENT THEREOF: VOTES FOR: 2,741 VOTES AGAINST: 763 PROPOSITION NO. 5 THE ISSUANCE OF $610,000 GENERAL OBLIGATION SENIOR CITIZEN CENTER BONDS AND THE LEVYING OF A TAX IN PAYMENT THEREOF. '�° ° VOTES FOR: 2,975 VOTES AGAINST: 531 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All of the recitals contained in the preambles of this Ordinance are found to be true and are adopted as findings of fact by this governing body and as part of its official record. Section 2. It is further found and determined that the results of the Election as canvassed and tabulated in the preambles hereof reflect the expressed desires of the resident, qualified voters of the City. Section 3. Based upon the results of the Election, the City Council finds, determines, and declares the following to be the official results of the Election: Proposition Nos. 1, 2, 3, 4 and 5 have received a favorable vote of the majority of the resident, qualified voters participating in the Election and the City Council may issue bonds thereunder in accordance with law. '�,,� Section 4. As a result of this canvass, the City Council hereby finds and determines that a total of 3,536 persons voted in the Election. ORD. NO. 98-�39 2 Section 4. As a result of this canvass, the City Council hereby finds and determines that a total of 3,536 persons voted in the Election. `�"� Section 5. That the public importance of this Ordinance and the fact that it is in the best interest of the City to provide for the canvass of the returns of the City's special election on the earliest possible date constitutes an emergency and creates a necessity for the immediate preservation of the public peace, property, health and safety of the citizens of the City, requiring that this Ordinance be passed and take effect as an emergency measure, and it is accordingly ordained that this Ordinance shall be in full force and effect from and after its passage in accordance with the Charter of the City. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 8th day of December, 1998. APPROVED: � William D. Tate Mayor �-� � ATTEST: _, a Lin a Huff City Secretary APPROVED AS TO FORM: ....,� •. � � ��.. John F. Boyle, Jr. City Attorney ORD. NO. 9$-139 3 _ C�.RTIFIC�TF_.FOR ORDINAN� I, the undersigned City Secretary of the City of Grapevine,lexas, hereby certify as fallows: 1. The City Cauncil of said City convened in Special Session on December 8, 1998, at the lacation specified in the public notice of said meeting, �ind the roll was called of the duly constitut�d officers and members of said City Council, to-wit: William A.'�hte, Mayor I�d R. Ware, Mayor Pro'I�:m C. Shane Wilbanks, Councilmember Sharran Spencer, Councilmember Clydene J'ohnsan, Councilmember Darlene Freed, Councilm�mber Roy Stewart, Cauncilmember and all af said persons were present, except tor the following: none; thus constituting a quonun. Whereupon,among other business, the following was transacted at said meeting: a written Ordinance cntitled AIY ORpINANCF_OF THE CITY COUNCI[.�T'THF CITY OF GRAP�VIN�,TE,XAS CANVASSING RETURNS AND DECLA121NG THE RESULTS OF A ML7NTCrPAL SOND 4 � �t ECTION HELY.71N SA[D CITY ON THE STH DPiY OF bECLM.DER 1998; DECLE1kIN"G AN' EMERCrEi�1CY;AND PROVII7TNG AN EFFrCTiVE.I7ATE was duly introduced f.or consideration ;._,,.,r of said City Coupeil. It was ther► duly moved and seconded that said Ordinance be passed; and, after due discussion,said motion,carryingwith it the passage of said(�rdinance,prevailed and carried by the following vote: AYES: 7 NOES: 0 A$ST:ENTION: 0 2_ A true, full and correct copy di the aforesaid �rdinance passEd at the meeting described in the above and toregoing paragraph is attached to and follows this Certificate; said Ordinance has been duly recorded in the official minutes of saic� Cify Co�mcil; the abave and foregoing paragraph is a true �ind correct excerpt from said minutes of said meeting pertaining ta th� passage of said Qrdinance; the persons n�uned in the arove and forcgoing pnragraph, at the time af said meeting and the passage of said Ordinance,we;re the duly chosen,qualified and aecing of�cers and members of said City Council as ind.icated therein;cach c►f svd officers and mermbers was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of. the aforesaid meeting and that said Ordinance would be intraduced and considcred for passage at said meeting, and each of said officers nnd members consented in advance [o the holdin�of said meeting for such purpose; and said meeiing was open ta the public, and public n�tice of thc time, place and purpose of said meeting was given,all as requircd by Vernon's Ann.lexas Government Code, S�clion 551.041, as amended. ;�.., :, ��,;� aa w:�iNw►v�onn3ut�3ooncnN vnss.e�e �zrw,�e:(in:wiam� SIGNED AND SEALED this December 8, 1998 . ��E.� .. _ G'�!// City Secretary, City of Gr ine,Texas [CITY SEAL] �...� �� 6.1�F:�F[NAN�GRA325�13001\CAN VASS.ELE 12iD8N8:(10:08am) '2' Supplemental: to the December 8, 1998 version of Ordinance' No. 98-140 r":� � "'�;� CITY OF GRAPEVINE, TEXAS CERTIFICATE OF - CITY SECRETARY'S OFFICE STATE OF TEXAS § COUNTY OF TAR,RANT § ��� CITY OF GRAPEVINE § I,the undersigned, Linda Huff, City Secretary for the City of Grapevine,Texas, � a position I have held since February 24, 1987, in the performance of the functions of ��� my office do hereby certify that Ordinance No. 98-140 (the Ordinance - Exhibits deleted)attached hereto,is the same that appears in the City Secretary's Office,having been passed and approved by the City Council of the City of Grapevine, Texas on the 8th day of December 1998, that I am the lawful possessor and have legal custody of same and that I further af�irm, certify and state under oath that the word "substantially" was inadvertently left out of the Ordinance in Section 2. (c)(2) due solely to a scriveners error and the said section 2(c)(2) was intended to read: "Section 2 (c)(2) The area "substantiallv" impairs the sound growth of the City in its present condition because the area is predominantly open and because of obsolete platting or deterioration of structures on site improvements and other factors." The word"substantially"is approved and inserted in section 2(c)(2)of Ordinance No. 98-140 as shown effective December 8, 1998 nunc pro tunc. Witness my hand and seal of office in Grapevine, Texas, this 7th day of July 2000. Reviewed and Approved as ±o Form and Legality ` . � - ,,, John F. Boyle, Jr. Lin Huff City Attorney City Secretary City of Grapevine, Texas BEFORE ME, the undersigned authority, on this day personally appeared LINDA HUFF, City Secretary, City of Grapevine,Texas,known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged and swore � . before me that she executed the same for the purposes and consideration therein �:..:� expressed and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, this the 7t'' day of July, 2000. �. � ?Q G�— Not ry Pu ic My Commission Expires: 000000000°°°°°°'°a°°°c� iG� -��—,�aa�l ,,„,,, �� � :,'Pa`°�a��,; KATHY Y. TEAGUE `'`:'� _ Notary Public,State of Texas � ��•'�� Commission Exp•��-2R-2o01 ,s�r:.�,��;. MY ;,,,,..',�.�%�ocr�Q0A0�0 � D:\Grapevine\gv-ordinances\gv-ord no.9S-140 huff affi.wpd - ORDINANCE NO. 98-140 ,�.�: - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , ,�';: GRAPEVINE, TEXAS DESIGNATING A CERTAIN AREA AS TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO, CITY OF GRAPEVINE, TEXAS, ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ""'' REINVESTMENT ZONE AND OTHER MATTERS RELATING THERETO; PROVIDING A CLAUSE RELATING TO �;� SEVERABILITY; DECLARING AN EMERGENCY AND - PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas (the "City"), desires to � promote the development of a certain contiguous geographic area (the Opryland Hotel/Grapevine Middle School area) within its jurisdiction by the creation of a reinvestment zone, as authorized by the Tax increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and WHEREAS, in compliance with the Act, the City has called a public hearing to hear public comments on the creation of the proposed reinvestment zone and its benefits to the City and the property in the proposed reinvestment zone; and WHEREAS, in compliance with the Act, notice of such public hearing was .;u published in the Forf Worth Star Telegram, a daily paper of general circulation in the City, such publication date being not later than seven (7) days prior to the date of the public hearing; and WHEREAS, such hearing was convened at the time and place mentioned in the published notice, to w�it, on the 8th day of December, 1998 at 7:30 p.m., in the Council Chamber of the City of Grapevine, Texas, which hearing was then closed; 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, the boundaries of the proposed reinvestment zone, whether all or part of the territory which is described by the metes and bounds description attached hereto as "Exhibit "A" and depicted in the map attached hereto as Exhibit "B" should be included in such proposed reinvestment zone, the concept of tax increment financing and the appointment of a board of directors for the proposed reinvestment zone; and WHEP.EAS, all owners of property located within the proposed reinvestment zone and all other taxing units and otner interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone and/or the inclusion of th�ir property in such reinvestment zone; and a=; A^': WHEREAS, the proponents of the reinvestment zone offered evidence, both orai '� and documentary, in favor of all of the foregoing matt�rs relating to the creation of the �= reinvestment zone, and opponents, if any, of the reinvestment zone appeared to contest creation of the reinvestment zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY � OF GRAPEVINE, TEXAS: '"' Section 1. That the facts and recitations contained in the preamble of this ���:, ordinance are hereby found and declared to be true and correct. ��;. Section 2. That the City Council, after conducting such hearing and having r 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 delivered: to all taxing units overlapping the territory inside the proposed reinvestment zone. (b) That creation of the proposed reinvestment zone with boundaries as described in Exhibits "A" and "B" will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the reinvestment zone. .� (c) That the reinvestment zone, as defined in Exhibits "A" and "B", meets the criteria for the creation of a reinvestment zone set forth in the Act in that: (1) It is a contiguous geographic area located wholly within the corporate limits of the City. (2) The area impairs the sound growth of the City in its present condition and because the area is predominately open and because of obsolete platting or deterioration of structures or site improvements and other factors. (d) That 10 percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is used for residential purposes, which is defined in the act as any property occupied by a house which has less than five living units. (e) That the total appraised value of all taxable real property in the proposed reinvestment zone according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones �vithin the City, according to the most recent appraisal rolls of the City, does not exceed 15 percent of the current total ORD. N0. 9s-�40 2 , �;�x. appraised value of taxable real property in the City and in the industrial j�� districts created by the City, if any. , � (fl That the proposed reinvestment zone does not contain more than 15 - percent of the total appraised value of real property taxable by a county or - school district. `�-�: (g) That the improvements in the reinvestment zone will significantly enhance p-� � the value of all taxable real property in the reinvestment zone and will be of ;��?:: general benefit to the City. (h) That the development or redevelopment of the property in the proposed � reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. � Section 3. That the City hereby creates a reinvestment zone over the area described by the metes and bounds in Exhibit "A" attached hereto and depicted in the map attached hereto as Exhibit "B" and such reinvestment zone shall hereafter be identified as Tax Increment Financing Reinvestment Zone Number Two, City of Grapevine, Texas (the "Zone" or "Reinvestment Zone"). Section 4. That there is hereby established a board of directors for the Zone which shall consist of nine (9) members. The board of directors of Tax Increment Financing Reinvestment Zone Number One shall be appointed as follows: ,�,� (a) Five members shall be appointed by the City Council, and each of the governing bodies of the following taxing units which levies taxes on real property in the Zone (Tarrant County, Tarrant County Hospital District, Grapevine-Colleyville Ind2pendent School District and Tarrant County Community College District) may each appoint one (1) member to the board; provided, however, that if a taxing unit waives its right to appoint a member of the board, the City may appoint such member instead. The initial board of directors shall be appointed by resolution of the governing bodies of the City and the taxing units as provided herein within sixty (60) days of the passage of this ordinance or within a reasonable time thereafter. All members appointed to the board shall meet eligibility requirements as set forth in the Act. (b) The terms of the board members shall be for two year terms. The City Council shall designate a member of the board to serve as chairman of the board of directors, and the board shall elect from its members a vice chairman and other officers as it sees fit. ORD. NO. 9s-�4o 3 P�+:N (c) The board of directors shall make recommendations to the City Council concerning the administration of the Zone. It shali prepare and adopt a project plan and reinvestment zone financing plan for the Zone and must -� submit such plans to the City Council for its approval. The board of - directors shall possess all powers necessary to prepare, implement and monitor such project plans for the reinvestment zone as the City Council - considers advisable, including the submission of an annual report on the j�.l� status of the Zone. ;�� `�=� Section 5. That the Zone shall take effect on January 1, 1999, and that the . � termination of the Zone shall occur on December 31, 2030, or at an earlier time � designated by subsequent ordinance of the City Council in the event the City determines that the Zone should be terminated due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and tax . increment bonds, if any, and the interest thereon, have been paid in full. Section 6. That the Tax Increment Base for the Zone; which is the total appraised value of all taxable real property located in the Zone, is to be determined as of January 1, 1998, the year in which the Zone was designated a reinvestment zone. Section 7. That there is hereby created and established a Tax Increment Fund for the Zone which may be divided into such subaccounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to ,� be deposited. The Tax Increment Fund and any subaccounts are to be maintained in an account at the City Treasurer's affiliated depository bank of the City and shall be secured in the manner prescribed by law of Texas cities. In addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the City, revenues from the sale of any property acquired as part of the tax increment financing plan and other revenues to be dedicated to and used in the Zone shall be deposited into such fund or subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. Section 8. That 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 9. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, sa`ety, morals, peace and gen�ral welfare of the inhabitants of the City o� Grapevine, i exas, creates an emergency for the immediate preservation o`the public business, property, health, safety and genaral welfare of the public �vhich requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. , . ORD. NO. 9s-t 40 4 n.: ik::a:, PASSED AND APPROVED BY THE CITY �COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 8th day of December, 1998. ,r,,� APPROVED: - William D. Tate tilayor � ATTEST: ;�c�L(. � ind Huff City Secretary APPROVED AS TO FORM: .:v� \. John F. Boyle, Jr. City Attorney ORD. N0. 98-140 5 r , ,:'�::. '�:- i;;. D200165568 CITY OF GRAPEVINE TEXAS `==�z POB 95104 '" GRAPEVINE TX 76099 9704 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE TEXAS RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 200307165 DR92 D w 07/28/2000 09: 39 INSTRUMENT FEECD INDEXED TIME � 1 D200165568 wD 20000728 09: 39 cK 213854 T O T A L : DOCUMENTS: Ol F E E S: 21 . 00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL• LAW.