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0744ORDINANCE NO. 744 AN ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER TVVO IN THE CITY OF SOUTHLAKE, TEXAS, PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, 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 for commercial-industrial tax abatement, as authorized by Chapter 312, of the Texas Tax Code (the "Act"); and WHEREAS, the City Council, by resolution has established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of Southlake to participate in tax abatement; and WHEREAS, on May 4, 1999, the City held a public hearing on the proposed designation of the reinvestment zone, after pubtishing notice of such public hearing and giving written notice to all taxing units overlapping the territory inside the proposed reinvestment zone as required by Chapter 312; and WHEREAS, the City Council finds that the area within the reinvestment zone created under this ordinance is reasonably likely as a result of the designation of the reinvestment zone 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; and .. WHEREAS, the City Council further finds that the reinvestment zone created hereunder otherwise meets the criteria of Section 312.202 of the Texas Tax Code and is eligible for commercial-industrial tax abatement as provided in Chapter 312 of the Texas Page 1 Tax Code; and WHEREAS, the City Council finds that improvements proposed to be made within the reinvestment zone are feasible and practical and would be a benefit to the land within the zone and to the city after the expiration of tax abatement agreements and that the creation of the reinvestment zone for commercial-industrial tax abatement will result in benefits to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. The area described in Exhibit "A" attached hereto and incorporated herein is hereby designated as City of Southlake Reinvestment Zone No. 2. The boundaries of this reinvestment zone shall be as described in Exhibit "A". This reinvestment zone shall expire five (5) years after the adoption of this ordinance unless it is renewed as provided by law. SECTION 3. 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 this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, ctause, sentence, paragraph or section. Page 2 SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ~q DAY OF PR1 Rick Stacy, MAYOR CiTY SECRETARY Rick Stacy, MAYOR EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney ?'f/DAY OF CiTY SECRETARY N:\Econdev\Prospects\Sabre\RES-ORD\ORD744_2.doc Page 3 EXHIBIT A BOUNDARIES OF REINVESTMENT ZONE NO. 2 Page 4 LAND DESCRIPTION BEING a tract of land situated in the J. B. Martin Survey, Abstract 1134, the R. D. Price Survey, Abstract 1207 :md the U. P. Martin Survey, Abstract No. l 015, Tm-rant County, Texas, and being a portion of a tract of land as described in the Special Warranty Deed to International Business Machines Corporation as recorded in Volume 12782, Page 109 of the deed records of Tarrant County, Texas, and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/'8 inch iron rod set with "Huitt-Zollars' cap on the southerly platted right-of-way line of Parkway Boulevard ( 131 Foot right-of-way), said iron rod being at the most southerly southwest comer of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Parkway Boulevard as follows: North 63 degrees 15 minutes 25 seconds East, a distance of 32.25 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds, a radius of 1,419.50 feet, an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East. a distance of 598.04 feet to a 5/8 inch iron rod set with "Huitt- Zollars' cap; North 87 degrees 34 minutes 40 seconds East, a distance of 137.89 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the southeast comer of said MTP-IBM Addition No. 1; THENCE, along the easterly line of said MTP-IBM Addition No. 1, North 00 degrees 09 minutes 22 seconds West, a distance of 848.90 feet to the most easterly northeast comer of the MTP-IBM Addition No. 1 and being on the south line of a tract of land as described by deed to C.R. Revels as recorded in Volume 86, Page 557. Deed Records, Tarrant County, Texas; THENCE, along the southerly line of said C.R. Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East, a distance of 596.50 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East, a distance of 1132.28 feet to a point for a comer; South 01 degrees 09 minutes 16 seconds East, a distance of 651.54 feet to a 3/4 inch iron rod found: North 89 degrees 56 minutes 04 seconds East, a distance of 333.16 feet to a 2 inch pipe found in the westerly right-of-way line of White Chapel Road (50 feet wide right-of-way); I OF6 THENCE, along the westerly fight-of-way of White Chapel Road, South 02 degrees 11 minutes 25 seconds East, a distance of 85.06 feet to a point for a comer at the northeasterly comer of a tract of land as described in Special Warranty, Deed to the City of Southlake as executed on April 28, 1998; CHENCE, South 89 degrees 56 minutes 04 seconds West, departing the westerly right-of-way line of said White Chapel Road and along the northerly line of said City, of Southlake tract, a distance of 114.99 feet to the northwesterly comer of said City of Southlake tract; THENCE, South 00 degrees 03 minutes 56 seconds East, along the westerly line of said City of Southlake tract, a distm~ce of 100.00 feet to the southwesterly comer of said tract; THENCE, South 06 degrees 07 minutes 22 seconds West, a distance of 263.21 feet to a point for comer; THENCE, South 02 degrees 25 minutes 42 seconds East, a distance of I60.37 feet to a point for a comer on the southerly top of bank of South Fork Kirkwood Branch; THENCE, generally along the southerly top of bank of said creek the following courses and distances: South 46 South 42 South 29 South 16 South 03 South 45 South 05 South 63 degrees 28 minutes 2I degrees 4I minutes 23 degrees 21 minutes degrees 11 m~nutes degrees 24 minutes degrees 59 minutes degrees 31 minutes degrees 16 m~nutes seconds East a distance of 81.99 feet; seconds West a distance of 92.21 feet; 54 seconds West a distance of 106.36 feet; 08 seconds West a distance of 148.69 feet; 13 seconds West a distance of 168.53 feet; 11 seconds West a distance of 74.72 feet; 46 seconds West a distance of 52.64 feet; 32 seconds East a distance of 53.47 feet; South 08 degrees 05 m~nutes 54 seconds South 85 degrees 28 minutes 32 South 05 degrees 31 minutes 46 South 41 degrees 44 minutes 24 West a distance of 38.62 feet; seconds West a distance of 48.87 feet; seconds West a distance of 196.76 feet; seconds West a distance of 43.62 feet; South 32 degrees 52 minutes 05 seconds East a distance of 91.58 feet; South 83 degrees 49 m~nutes 21 seconds East a distance of 36.19 feet; North 15 degrees 36 minutes 10 seconds East a distance of 58.44 feet; 2 OF6 South 73 degrees 59 minutes South 18 degrees 26 minutes South 19 degrees 22 minutes South 6I degrees 25 minutes South 08 degrees 36 minutes North 70 degrees 42 minutes South 22 degrees 16 minutes South 32 degrees 05 minutes South 30 degrees 18 minutes South 43 degrees 10 minutes 03 seconds East a distance of 36.34 feet; 43 seconds East a distance of 87.49 feet; 15 seconds West a distance of 40.53 feet; 48 seconds West a distance of 99.80 feet; 22 seconds East a distance of 198.28 feet; 42 seconds East a distance of 47.08 feet; 43 seconds East a distance of 12.87 feet; 51 seconds West a distance of 60.69 feet; 36 seconds East a distance of 27.12 feet; 57 seconds West a distance of48.11 feet; THENCE, departing said top of bank South I7 degrees 04 minutes 45 seconds East a distance of 85.86 feet to the southerly top of bank of said creek; THENCE, South 21 degrees 49 minutes 50 seconds East along the southerly top of bank a distance of 51.02 feet to the beginning of a non-tangent curve to the right having a radius of 1,572.00 feet; 'tHENCE, departing the southerly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds, an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for comer; THENCE. South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for comer; THENCE. South 35 degrees 06 minutes l l seconds East a distance of 79.67 feet to the platted northwesterly line of Kirkwood Hollow- Phase I, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4537 of the Deed Records of Tarrant County, Texas, and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE. South 56 degrees 24 minutes 01 seconds West continuing along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for comer in the centerlinc of South Fork Kirkwood Branch; THENCE. generally along the centerline of said branch the following courses and distances: South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for comer; South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for comer; South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for comer; 3 OF6 South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for comer; South 6!3 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for comer; South 84 degrees 36 minutes 18 seconds West a distance of 26.95 feet to a point for comer; South 53 degrees 15 minutes South 25 degrees 06 minutes South 07 degrees 01 minutes 40 seconds West a distance of 22.56 feet to a point for comer; 35 seconds West a distance of 37.90 feet to a point for comer; 26 seconds East a distance of 29.93 feet to a point for comer; South 00 degrees 53 minutes South 19 degrees 28 minutes 57 seconds South 59 degrees 39 minutes 56 North 65 degrees 23 minutes 25 South 76 degrees 18 minutes 39 North 39 degrees 23 minutes North 80 degrees 25 minutes West a distance of 14.92 feet to a point seconds West a distance of 33.26 feet to a point seconds West a distance of 50.64 feet to a point seconds West a distance of 54.62 feet to a point 55 seconds West a distance of 28.52 feet to a point 14 seconds East a distance of 31.56 feet to a point for comer; for comer; for comer; for comer; for comer; for comer; 36 seconds West a distance of 16.87 feet to a point for comer; North 76 degrees 53 minutes 30 seconds West a distance of 38.04 feet to a point for comer; North 43 degrees 26 minutes North 62 degrees 48 minutes North 03 degrees 15 minutes 30 seconds East a distance of 16.71 feet to a point for comer; 05 seconds East a distance of 25.48 feet to a point for comer; 56 seconds West a distance of 20.42 feet to a point for comer; North 47 degrees 33 minutes 51 seconds West a distance of 25.63 feet to a point for comer; North 57 degrees 28 minutes 08 seconds West a distance of 26.66 feet to a point for comer; South 70 degrees 01 minute 26 seconds West a distance of 18.54 feet to a point for comer; South 37 degrees 59 m~nutes South 09 degrees 24 minutes South 51 degrees 22 m~nutes South 32 degrees 44 minutes 12 seconds West a distance of 30.91 feet to a point for comer; 11 seconds West a distance of 8.82 feet to a point for comer; 17 seconds West a distance of 41.55 feet to a point for comer; 12 seconds West a distance of 23.43 feet to a point for comer; 4 OF6 South 53 South 66 South 45 South 76 South 20 South 30 South 53 South 62 South 58 degrees degrees degrees degrees degrees degrees degrees degrees degrees 29minutes North 85 degrees 07 minutes South 76 degrees 52 minutes North 67 degrees 16 minutes South 55 degrees 38 minutes 10 minutes 04 seconds West a distance of 44.67 feet to a point for comer; 26 minutes 53 seconds West a distance of 31.90 feet to a point for comer; 09 minutes 44 seconds East a distance of 17.42 feet to a point for comer; 54 minutes 57 seconds East a distance of 36.92 feet to a point for comer; 45 minutes 22 seconds West a distance of 40.45 feet to a pomt for comer; 23 minutes 01 second West a distance of 72.88 feet to a point for comer; 13 minutes 24 seconds West a distance of 99.78 feet to a pomt for comer; 06 minutes 48 seconds West a distance of 87.11 feet to a point for comer; 32 seconds West a distance of 51.51 feet to a point for comer; 51 seconds West a distance of 53.55 feet to a point for comer; 54 seconds West a distance of 38.97 feet to a point for comer; 38 seconds West a distance of 56.75 feet to a point for comer; 19 seconds West a distance of 11.38 feet to a point for comer on the proposed easterly right-of-way line of State Highway No. 114; THENCE, akmg the proposed easterly right-of-way line of State Highway No. 1 I4 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument, found; North 47 degrees 50 minutes 42 seconds West, a distance of 101.98 feet to a Texas Highway Department concrete monument, found; North 36 degrees 32 minutes 04 seconds West, a distance of 500.00 feet to a Texas Highway Department concrete monument, tbund; North 32 degrees 14 minutes 44 seconds West, a distance of 200.56 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap; North 36 degrees 32 minutes 05 seconds West, a distance of 199.81 feet to a Texas Highway Department concrete monument, found; North 42 degrees 14 minutes 23 seconds West, a distance of 201.18 feet to a Texas Highway Department concrete monument, found; 5 OF6 North 36 degrees 32 minutes 05 seconds West, a distance of 702.91 to a 5/8 inch iron rod set with "Huitt-Zollars" cap on the existing easterly right-of-way line of State Highway No. 114; HENCE, along the existing easterly fight-of-way line of said highway as follows: North 18 degrees 59 minutes 38 seconds West, a distance of 112.97 feet to a 5/8 inch iron rod set with ~'Huitt-Zollars" cap; North 32 degrees 06 minutes 29 seconds West, a distance of 430.57 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap; North 29 degrees 36 minutes 27 seconds West, a distance of 232.63 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the beginning ora curve to the left; Along said curve to the left, with a central angle of 06 degrees 26 minutes 28 seconds, a radius of 1,452.40 feet, an arc distance of 163.28 feet, a long chord that bears North 32 degrees 49 minutes 4I seconds West, a distance of 163.19 feet to a 5/8 inch iron rod set with "Huitt- Zollars" cap at the beginning ora reverse curve to the right; Along said curve to the right, with a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet, an arc distance of 155.99 feet, a long chord that bears North 13 degrees 36 minutes 16 seconds East, a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 150.716 acres of land, more or less. asis of bearings: ~ bearing of South 89 degrees 39 minutes 47 seconds East along the northerly right-of-way line of Dove Road according to the Special Warranty Deed to MTP-IBM Phase II an III Joint Venture as recorded in Volume 8995, Page 1268 of the Deed Records of Tarrant County, Texas. For Huitt-Zollars. Inc. Eric J. Yahoudy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Avenue Dallas, Texas 75204 Date: April 7, 1999 Revised April 23, 1999 Revised April 27, 1999 6 OF6 FED. I D. NO. 22 3148254 Star-Telegram AD ORDER NO. 15046572 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TUE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in wAlAMIEs RYANT ty and State, this day personally appeared Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 5/07ME 15046572 ORDINANCE NO . 74 I358 1x 29L 29 QUOTE 23 . 49 ORDINANCE NO.744 05/07-05/07 - -AN ORDINANCE DESIGNAT- ING REINVESTMENT ZONE NUMBER TWO IN THE CITY OF SOUIHLAKE, TEXAS PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ' ERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1999, DURING THE REGU- LAR CITY COUNCIL MEET- , ING. MAYOR RICK STACY ATTEST: ;ANDRA L.LEGRAND, c ITY SECRETARY SIG \PPROVED AS TO FORM. .i.A LEN"o AYLOR JR., 10th MAY 1999 cITSUti5uHIBED ANu SWORN TO BEFORE ME, THIS THE DAY OF , i;_ GR� RHONDA R. GOKE d Notary PublicRde,L, •1 COMMISSION EXPIRES 0 $/,r,'!1F.......t�,± SEPTEMBER 8, 1999j TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! A�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---.A Star-"I'elegraiTl REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 A15046572 NUMBER CIT57 AMOUNTNT DUE 23 . 49 PAGE1 OX IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-6412 THIS AMOUNT, 23 . 49 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3'4H 54 AD ORDER NO. 14972068 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7 THE STATE OF TEXAS )unty of Tarrant uefore me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 4/24ME 14972068' NOTICE OF PUBLIC I358 1x 44L 44 QUOTE 35 . 64 NOTICE OF PUBLIC 0 4/2 4-0 4/2 4 HEARING NOTICE IS HEREBY GIVEN to all interested persons that ... the City Council of the City of ___ ..... -._. Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council --- M,e99 taot 7be:0 0h epl. o n May City Council Chambers oef -- - — - the City Hall,667 North Car- roll Avenue, Southlake,Tex- as. Purpose of the hearing is to consider designating an ar- e iC ittyh eo fC iSyo o lSakoeu aekne vestment Zone Number Two for the purpose of allowing tax abatementpursuant tos • Chapter 312 ofp the Texas Tax Code.After the hearing, the City Council will consider Vv the second reading of the fol- lowing ordinance. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.744 .. 28thDAyAPRIL 1 9 Anordinan�edesignatingare- SWORN TO BEFORE ME, THIS THE OF investment zone number two in the City of Southlake,Tex- � � as,pursuant to Chapter 3 s- Notary Public ��ll of the Texas Tax Code; es- 'P.••..,b 2 tablishing the boundaries ;_- •::a, RHONDA R. GOKE • thereofthereto.and other matters re- lating • COMMISSION EXPIRES t . Interested persons will be enti- +4 y tidencegiedto for or againpst the des- I ihf. : �+�' SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS CitynoflSouthlake ��'►��s��Kw•1• Sandra L.LeGrand City Secretary ___ PLEASE PAY THI ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT Star-"I'elegrani REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 14972068 NUMBER CIT57 DUE 35 . 64 PAGE., IF ANY QUESTIONS, PLEASE CALL(817)390-7885 Us CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT , SOUTHLAKE , TX 76092-6412 35 . 64 PLEASE WRITE IN AMOUNT ENCLOSED