HomeMy WebLinkAboutORD 2015-074ORDINANCE NO. 2015-074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, CONCERNING TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, CITY OF
GRAPEVINE, TEXAS, ESTABLISHED PURSUANT TO
CHAPTER 311 OF THE TEXAS TAX CODE, BY
EXPANDING THE BOUNDARIES OF TAX INCREMENT
FINANCING REINVESTMENT ZONE NUMBER ONE, CITY
OF GRAPEVINE, TEXAS; AND EXTENDING THE TERM OF
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
CITY OF GRAPEVINE, TEXAS; REPEALING CONFLICTING
ORDINANCES; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on February 20, 1996, the City Council of the City of Grapevine,
Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 1996-
007, designating a contiguous geographic area within the City as a Reinvestment Zone
Number One, City of Grapevine, Texas (the "Zone"); and
WHEREAS, the City Council of the City of Grapevine, Texas, now desires to
amend Reinvestment Zone Number One, City of Grapevine, Texas, to add approximately
419 acres of land to the existing approximately 242 -acre Reinvestment Zone Number
One; and
WHEREAS, upon approval of this ordinance, Reinvestment Zone Number One,
City of Grapevine, Texas, will consist of approximately 661 acres of non-contiguous land,
as described and depicted in Exhibit "A" of this ordinance, a copy of which is attached
hereto and is incorporated herein for all purposes; and
WHEREAS, Section 311.003(c) of the Texas Tax Code provides that the City of
Grapevine, Texas, "[n]ot later than the seventh day before the date of the hearing, notice
of the hearing must be published in a newspaper having general circulation in the
municipality or county;" and
WHEREAS, Section 311.011(e) of the Texas Tax Code, in pertinent part provides,
"[i]f an amendment reduces or increases the geographic area of the zone, increases the
amount of bonded indebtedness to be incurred, increases or decreases the percentage
of a tax increment to be contributed by a taxing unit, increases the total estimated project
costs, or designates additional property in the zone to be acquired by the municipality or
county, the approval must be by ordinance or order, as applicable, adopted after a public
hearing that satisfies the procedural requirements of Sections 311.003(c) and (d);" and
WHEREAS, in accordance with Section 311.007 of the Texas Tax Code, the term
of a tax increment financing zone may be extended after publication and a public hearing,
both of which conditions have been met in this circumstance; and
WHEREAS, the City Council of the City of Grapevine, Texas, pursuant to Sections
311.003, 311.007, and 311.011 of the Texas Tax Code, approved this Ordinance after a
public hearing, and publication of notice of the public hearing in a newspaper of general
circulation of the City, all in accordance with Chapter 311 of the Texas Tax Code, and
find that the boundaries of said reinvestment zone do not violate the limitations contained
in Section 311.006(a) of the Texas Tax Code.
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are incorporated herein by
reference as if copied in their entirety.
Section 2. The boundaries of the Zone are amended to include approximately
419 acres in addition to the original 242 -acre Zone, which are described and depicted in
Exhibit "A".
Section 3. City Council hereby authorizes the extension of the Zone termination
date to December 31, 2038, unless otherwise terminated earlier as a result of payment in
full of all project costs approved in the Project and Financing Plan, or as authorized or
permitted by law.
Section 4. The Zone will continue to capture tax value increment within the Zone
at the City's current participation rate of 100% for an additional 21 years until December
31, 2038. The tax increment collected within the Zone will be used to fund public
improvements within the TIRZ as described in any amended Project and Financing Plan
approved by City Council.
Section 5. The Tax Increment Base for the TIRZ is the total appraised value of
all real property taxable by the City and located in the TIRZ, determined as of January 1,
1996, when the TIRZ was designated, and for those parcels added to the TIRZ with the
December 15, 2015, boundary amendment, the appraised value is to be determined as
of January 1, 2015.
ORD. NO. 2015-074 2
Section 6. City staff is authorized to amend the Project and Financing Plan
allowing for the term extension and boundary amendments as provided for and approved
herein.
Section 7. Pursuant to Section 311.012(c) of the Texas Tax Code, as
amended, the tax increment base of the City, and any other taxing unit participating in the
Zone is the total appraised value of all real property taxable by the City or other taxing
unit participating in the Zone and located in the Zone, as defined by Section 311.0123 (b)
of the Texas Tax Code, determined as of the year in which the Zone was designated as
a reinvestment zone (the "Tax Increment Base"). The Tax Increment Base for the property
included in the original boundary of the Zone remains the appraised value of all real
property within the Zone, taxable by the City as of January 1, 1996. The Tax Increment
Base is then increased by the taxable value as of January 1, 2015, of the parcels added
to the Zone per the December 15, 2015, boundary amendment. Consistent with Section
311.012(a) of the Texas Tax Code, as amended, the amount of the Tax Increment for a
year is one -hundred percent (100%) of property taxes levied and collected by the City
and all or a portion of property taxes of other taxing units participating in the Zone and
located in the Zone (as set forth in an agreement to participate in the Zone) for that year
on the Captured Appraised Value of real property taxable by City or other taxing unit
participating in the Zone and located in the Zone (the "Tax Increment"). Consistent with
Section 311.012(b) of the Texas Tax Code, as amended, the Captured Appraised Value
of real property taxable by City or other taxing unit participating in the Zone for a year is
the total appraised value of all real property taxable by the unit and located in the Zone
for that year less the Tax Increment Base (the "Captured Appraised Value").
Section 8. That the following miscellaneous provisions are adopted as a part of
this ordinance:
(a) Ordinance No. 1996-007 shall continue in full force and effect except
as provided herein.
(b) It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of thiso, since the same would have been
enacted by the City Council without the incorporation of this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or
section.
(c) This ordinance shall become effective immediately upon its passage.
Section 9. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid or
ORD. NO. 2015-074
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 10. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 15th day of December 2015.
APPROVED:
William'D. Tate
Mayor
ATTEST:
_L
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2015-074 4
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EXHIBIT "A" TO ORD. NO. 2015-074
Page 1 of 9
Tract A
Beginning at the point of intersection of the southern Right -of -Way (ROW) line of Lakeside
Parkway and the eastern property line of JAMES M BAKER ABST 1691 PG 410 TR 1 ACS
26.2685, thence
Southeast along the southern ROW line of Lakeside Parkway to a point where said line
intersects with the eastern property line of B B B & C RR ABST 1772 PG 430 TR 13.1 ACS
1.6390, thence
South along the eastern property line B B B & C RR ABST 1772 PG 430 TR 13.1 ACS 1.6390
to a point where said line intersects with the southern property line of B B B & C RR ABST 1772
PG 430 TR 13.1 ACS 1.6390, thence
East along the projection of the southern property line of B B B & C RR ABST 1772 PG 430 TR
13.1 ACS 1.6390 to a point where projection of said line intersects with'the eastern property line
of T W COUSY ABST 317 PG 430 TR 2 ACS 25.6793 HIGHPOINT PARK, thence
South along the eastern property line of T W COUSY ABST 317 PG 430 TR 2 ACS 25.6793
HIGHPOINT PARK to a point where said line intersects with the eastern property line of J E
HOLLAND ABST 0614 PG 210 TR 1 ACS 60.2055 AC, thence
South along the eastern property line of J E HOLLAND ABST 0614 PG 210 TR 1 ACS 60.2055
AC to a point where the projection of said line intersects with the southern ROW line of TX -121
South, thence
Southwest along the southern ROW line of TX -121 SOUTH to a point where said line intersects
with the eastern ROW line of FM -2499 North, thence
North along the eastern ROW line of FM -2499 North to a point where said line intersects with
the southern ROW line of Stars and Stripes Way, thence
Southwest along the southern ROW line of Stars and Stripes Way to a point where said line
intersects with the southern ROW line of East Grapevine Mills Drive, thence
West along the southern ROW line of East Grapevine Mills Drive to a point where the projection
of said line intersects with the western ROW line of Grapevine Mills Boulevard North, thence
Northeast along the western ROW line of Grapevine Mills Boulevard North to a point where said
line intersects with the western ROW line of FM -2499 South, thence
North along the western ROW line of FM -2499 South to a point where said line intersects with
the projection of the southern property line of RIVERWALK ADDITION Block 1A Lot 1A1,
thence
East along the projection of the southern property line of RIVERWALK ADDITION Block 1A Lot
1A1 to a point where said line intersects with the eastern property line of RIVERWALK
ADDITION Block 1A Lot 1A1, thence
North along the eastern property line of RIVERWALK ADDITION Block 1A Lot 1A1 to a point
where said line intersects with the northern property line of BAKER, JAMES M SURVEY
Abstract 167 Tract 1, thence
EXHIBIT "A" TO ORD. NO. 2015-074
Page 2 of 9
East along the northern property line of BAKER, JAMES M SURVEY Abstract 167 Tract 1 to a
point where the projection of said line intersects with the western property line of JAMES M
BAKER ABST 1691 PG 410 TR 1 ACS 26.2685, thence
North along the western property line of JAMES M BAKER ABST 1691 PG 410 TR 1 ACS
26.2685 to a point where said line intersects with the northern property line of JAMES M BAKER
ABST 1691 PG 410 TR 1 ACS 26.2685, thence
East along the northern property line of JAMES M BAKER ABST 1691 PG 410 TR 1 ACS
26.2685 to a point where said line intersects with the southern ROW line of Lakeside Parkway,
which is the point of beginning.
Beginning Point: Southern ROW
Line of Lakeside Parkway and Eastern
Property Line of JAMES M BAKER ABST
1691 PG 410 TR 1 ACS 26.2685
stern ROW Line_
FM 2499 South
a,
Southern ROW line of
East Grapevine Mills Drive
31
a
'0
ti.
- /• �i5 ,
ytern property line of
HOLLAND ABST 0614
210 TR ]ACS 60.2055 AC
Southern ROW line
of TX -121 South
G
t ai=
EXHIBIT "A" TO ORD. NO. 2015-074
Page 3 of 9
Tract B
Beginning at the point of intersection of the western Right -of -Way (ROW) line of Anderson
Gibson Road and the northern property line of SUGGS, HENRY SURVEY Abstract 1415 Tract
1 E, thence
West along the northern property line of SUGGS, HENRY SURVEY Abstract 1415 Tract 1 E to a
point where said line intersects with the eastern property line of SUGGS, HENRY SURVEY
Abstract 1415 Tract 1 E, thence
North along the eastern property line of SUGGS, HENRY SURVEY Abstract 1415 Tract 1 E to a
point where said line intersects with the northern property line of SUGGS, HENRY SURVEY
Abstract 1415 Tract 1 E, thence
West along the northern property line of SUGGS, HENRY SURVEY Abstract 1415 Tract 1 E to a
point where said line intersects with the eastern property line of ANDERSON, ANDRIVEEW W
SURVEY Abstract 26 Tract 5B, thence
North along the eastern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5B to a point where said line intersects with the northern property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 5B, thence
West along the northern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5B to a point where said line intersects with the western property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 5B, thence
South along the western property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5B to a point where said line intersects with the southern property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 5B, thence
East along the southern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5B to a point where said line intersects with the western property line of SUGGS, HENRY
SURVEY Abstract 1415 Tract 1 E, thence
South along the western property line of SUGGS, HENRY SURVEY Abstract 1415 Tract 1 E to a
point where said line intersects with the western ROW line of Anderson Gibson Road, thence
North along the western ROW line of Anderson Gibson Road to a point where said line
intersects with the northern property line of SUGGS, HENRY SURVEY Abstract 1415 Tract 1 E,
which is the point of the beginning.
Northern property line of
SUGGS, HENRY SURVEY Ab-
stract 1415 Tract 1E
Western property line of
ANDERSON, ANDRIVEEW W
., SURVEY Abstract 26 Tract 5B
EXHIBIT "A" TO ORD. NO. 2015-074
Page 4 of 9
Beginning point: Western ROW
line of Anderson Gibson Road
and the northern property line
of SUGGS, HENRY SURVEY
Abstract 1415 Tract 1E
EXHIBIT "A" TO ORD. NO. 2015-074
Page 5 of 9
Tract C
Beginning at the point of intersection of the northern Right -of -Way (ROW) line of TX -26 W and
the northern property line of BLUFFS AT GRAPEVINE ADDN, THE Block 1 Lot 1A, thence
West along the northern property line of BLUFFS AT GRAPEVINE ADDN, THE Block 1 Lot 1A
to a point where said line intersects with the eastern property line of ANDERSON, ANDRIVEEW
W SURVEY Abstract 26 Tract 5, thence
North along the eastern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5 to a point where said line intersects with the northern property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 5, thence
West along the northern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5 to a point where said line intersects with the western property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 5, thence
South along the western property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5 to a point where the projection of said line intersects with the northern property line of
ANDERSON, ANDRIVEEW W SURVEY Abstract 26 Tract 6A, thence
Southwest along the northern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract
26 Tract 6A to a point where said line intersects with the western property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 6A, thence
South along the western property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 6A to a point where said line intersects with the southern property line of ANDERSON,
ANDRIVEEW W SURVEY Abstract 26 Tract 6A, thence
East along the southern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 6A to a point where the projection of said line intersects with the southern property line of
ANDERSON, ANDRIVEEW W SURVEY Abstract 26 Tract 5, thence
East along the southern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract 26
Tract 5 to a point where said line intersects with the southern property line of BLUFFS AT
GRAPEVINE ADDN, THE Block 1 Lot 1A, thence
Southeast along the southern property line of ANDERSON, ANDRIVEEW W SURVEY Abstract
26 Tract 6A to a point where said line intersects with the northern ROW line of TX -26 W, thence
Northeast along the northern ROW line of TX -26 W to a point where said line intersects with the
northern property line of BLUFFS AT GRAPEVINE ADDN, THE Block 1 Lot 1A, which is the
point of the beginning.
Western property line of
ANDERSON, ANDRIVEEW W
SURVEY Abstract 26 Tract 6A
EXHIBIT "A" TO ORD. NO. 2015-074
Page 6 of 9
Beginning point: Northern ROW line _ -
Of TX -26 Wand the northern property
line of BWFFS AT GRAPEVINE AODN,
THE Block 1 lot lA
EXHIBIT "A" TO ORD. NO. 2015-074
Page 7 of 9
Tract D
Beginning at the point of intersection of the eastern Right -of -Way (ROW) line of Jenkins Street
and the northern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946 Tract
37A, thence
East along the northern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946
Tract 37A to a point where said line intersects with the northern property line of LEONAROAD,
ARCHIBALD F SURVEY Abstract 946 Tract 38 & 39, thence
East along the northern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946
Tract 38 & 39 to a point where said line intersects with the eastern property line LEONAROAD,
ARCHIBALD F SURVEY Abstract 946 Tract 38 & 39, thence
South along the eastern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946
Tract 38 & 39 to a point where said line intersects with the southern property line LEONAROAD,
ARCHIBALD F SURVEY Abstract 946 Tract 38 & 39, thence
West along the southern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946
Tract 38 & 39 to a point where said line intersects with the southern property line of
LEONAROAD, ARCHIBALD F SURVEY Abstract 946 Tract 38A, thence
West along the southern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946
Tract 38A to a point where said line intersects with the eastern ROW line of Jenkins Street,
thence
North along the eastern ROW line of Jenkins Street to a point where said line intersects with the
northern property line of LEONAROAD, ARCHIBALD F SURVEY Abstract 946 Tract 37A, which
is the point of beginning.
EXHIBIT "A" TO ORD. NO. 2015-074
Page 8 of 9
Beginning point: Eastern ROW
line of Jenkins Street and the
northern property line of
LEONAROAD, ARCHIBALD F
SURVEY Abstract 946 Tract 37A
Eastern property line
of LEONAROAD, ARCHIBALD
F SURVEY Abstract 946 Tract
38 & 39
Southern property line of
LEONAROAD, ARCHIBALD F
SURVEY Abstract 946 Tract 38A
EXHIBIT "A" TO ORD. NO. 2015-074
Page 9 of 9
Tract E
Beginning at the point of intersection of the eastern Right -of -Way (ROW) line of South Main
Street and the northern property line of LIPSCOMB & DANIEL SUBDIVISION Lot 5 & ABST 422
TR 65A, thence
East along the northern property line of LIPSCOMB & DANIEL SUBDIVISION Lot 5 & ABST
422 TR 65A to a point where said line intersects with the eastern property line of LIPSCOMB &
DANIEL SUBDIVISION Lot 5 & ABST 422 TR 65A, thence
South along the eastern property line of LIPSCOMB & DANIEL SUBDIVISION Lot 5 & ABST
422 TR 65A to a point where said line intersects with the southern property LIPSCOMB &
DANIEL SUBDIVISION Lot 5 & ABST 422 TR 65A, thence
West along the southern property line of LIPSCOMB & DANIEL SUBDIVISION Lot 5 & ABST
422 TR 65A to a point where said line intersects with the eastern ROW line of South Main
Street, thence
North along the eastern ROW line of South Main Street to a point where said line intersects with
the northern property line of LIPSCOMB & DANIEL SUBDIVISION Lot 5 & ABST 422 TR 65A,
which is the point of beginning.
Beginning point: Eastern ROW line
of South Main Street and the northern
property line of LIPSCOMB & DANIEL
SUBDIVISION Lot 5 & ABST 422 TR 65A
Eastern property line of
LIPSCOMB & DANIEL
SUBDIVISION Lot 5 &
ABST 422 TR 65A