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.
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aa w:�iNw►v�onn3ut�3ooncnN vnss.e�e
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SIGNED AND SEALED this December 8, 1998 .
��E.� .. _
G'�!//
City Secretary, City of Gr ine,Texas
[CITY SEAL]
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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.
�.
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Not ry Pu ic
My Commission Expires:
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iG� -��—,�aa�l ,,„,,, ��
�
:,'Pa`°�a��,; KATHY Y. TEAGUE
`'`:'� _ Notary Public,State of Texas
� ��•'�� Commission Exp•��-2R-2o01
,s�r:.�,��;. MY
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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
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'�:-
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.