ORD 2007-07TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-07
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE TOWN OF TROPHY CLUB
AS REINVESTMENT ZONE NO. 3; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FINDINGS
AND DETERMINATIONS RELATIVE TO THE
BOUNDARIES AND CRITERIA FOR ESTABLISHMENT OF
ZONE NO. 3; ESTABLISHING AND DESIGNATING THE
AREA AS REINVESTMENT ZONE NO. 3 OF THE TOWN
OF TROPHY CLUB, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE
NO. 3; ESTABLISHING ELIGIBILITY FOR ABATEMENT;
PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the 'Town")
desires to promote the development of a certain contiguous geographic area within its
jurisdiction by the creation of a reinvestment zone eligible for tax abatement, as
authorized by the Texas Tax Code, Chapter 312 (referred to as the "Property
Redevelopment and Tax Abatement Act' or the "Act'); and,
WHEREAS, a public hearing before the Town Council was held at 7:00 p.m. on
the 19th day of February, 2007, such date being at least seven (7) days after the date of
publication of the notice of such public hearing; and,
WHEREAS, the Town held such public hearing after giving written notice of the
hearing to all taxing units overlapping the territory inside the proposed reinvestment
zone; and,
WHEREAS, the Town at such hearing invited any interested person or his
representative to appear for or against the creation of the Reinvestment Zone No. 3, the
boundaries of the proposed reinvestment zone, whether all or part of the territory
described in the notice calling such public hearing should be included in such proposed
reinvestment zone, and the concept of tax abatement within the proposed zone; and,
WHEREAS, both the proponents and the opponents of the reinvestment zone
were afforded an opportunity to offer evidence, both oral and documentary, in favor of or
opposed to any and all matters relating to the creation of the reinvestment zone at a
regularly scheduled open public meeting of the Trophy Club Town Council.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
FINDINGS AND DETERMINATIONS
The Town, after conducting the above-mentioned hearing and having heard such
evidence and testimony, has made the following findings and determinations based on
the testimony presented to it:
A. That a public hearing on the adoption of the reinvestment zone has been
properly called, held and conducted and that notices of such hearing have
been published and given as required by law; and,
B. That the boundaries of Reinvestment Zone No. 3 shall be the area as
described in the description attached hereto and incorporated herein as
Exhibit "A" and shall be eligible for commercial -industrial tax abatement;
and,
C. That creation of the reinvestment zone for a tax abatement with
boundaries as described in Exhibit "A" will result in benefits to the Town
and to the land included in the zone after the expiration of a tax abatement
agreement entered into under Chapter 312 of the Act, and the
improvements sought are feasible and practical; and,
D. That the reinvestment zone as defined in Exhibit "A" meets the criteria for
the creation of a reinvestment zone as set forth in Section 312.202 of the
Act in that it is "reasonably likely as a result of the designation 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 Town'; and,
E. That the reinvestment zone as defined in Exhibit "A" is consistent with the
Town of Trophy Club, Texas Policy Statement for Tax Abatement.
The foregoing findings having been approved by the Town Council at its regularly
scheduled open meeting shall be noted in the minutes for that meeting as required by
the Town of Trophy Club, Texas Policy Statement for Tax Abatement.
SECTION 3.
ZONE ESTABLISHED AND DESIGNATED AS REINVESTMENT ZONE NO. 3
Pursuant to Section 312.201 of the Act, the Town hereby creates a reinvestment zone
for a tax abatement encompassing only the area described by in Exhibit "A" and such
reinvestment zone is hereby designated and shall hereafter be designated as
Reinvestment Zone No. 3 of the Town of Trophy Club, Texas.
SECTION 4.
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE NO. 3
The Reinvestment Zone No. 3 shall take effect on February 26, 2007, and shall remain
designated as a reinvestment zone until expiration on February 26, 2012; provided,
however, the Town my exercise its authority under Section 312.203 of the Act regarding
renewal for periods not to exceed five (5) years.
SECTION 5.
ELIGIBILITY FOR ABATEMENT
A project located within Reinvestment Zone No. 3 may be eligible for tax abatement.
Creation of this Reinvestment Zone shall not be construed as consent for or entitlement
to any type of abatement. In order to be eligible for a tax abatement, a project within the
Reinvestment Zone No. 3 created by this Ordinance must meet the General Purpose
and Objectives and other criteria specified in Town of Trophy Club, Texas Policy
Statement for Tax Abatement as determined by the Town Council after proper notice
and consideration at an open regularly scheduled meeting of the Town Council.
Additionally, any written tax abatement agreements authorized in Reinvestment Zone
No. 3 shall meet the criteria specified in the Town of Trophy Club, Texas Policy
Statement for Tax Abatement.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
the designation of Reinvestment Zones and/or Reinvestment Zone No. 3 and shall not
repeal any of the provisions of such Ordinances except as specifically provided herein
and in those instances where provisions of those Ordinances are in direct conflict with
the provisions of this Ordinance; whether such Ordinances are codified or uncodified,
and all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the Ordinance, and the Town Council hereby declares it would have passed
such remaining of the Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 19th day of February, 2007.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Mayor
Town of Trophy Club, Texas
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Town Attorney
Town of Trophy Club, Texas
EXHIBITA
BOUNDARY DESCRIPTION
Reinvestment Zone No. 3
Reinvestment Zone No. 3 is comprised of 5 contiguous parcels described as
follows:
1. Generally described as Trophy Club Plaza, Block A, Lot 2, being 1.85 acres
situated in the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey,
Abstract No. 1154, in the Town of Trophy Club, Denton County, Texas and
further described as 541 Trophy Lake Dr, Trophy Club, Texas.
2. Generally described as Trophy Club Plaza, Block A, Lot 3, being 1.16 acres
situated in the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey,
Abstract No. 1154, in the Town of Trophy Club, Denton County, Texas and
further described as 353 Trophy Lake Dr, Trophy Club, Texas.
3. Generally described as Trophy Club Plaza, Block A, Lot 1, being 10.95 acres
situated in the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey,
Abstract No. 1154, in the Town of Trophy Club, Denton County, Texas and
further described as 101, 301 and 501 Trophy Lake Dr, Trophy Club, Texas.
4. Generally described as being 2.705 acres in the J. Sutton Survey, Abstract No.
1154A, Tract 6, Old DCAD Tr #1A(2), in the Town of Trophy Club, Denton
County, Texas, and further described as being located generally northeast of the
intersection of Trophy Club Dr. and Trophy Lake Dr. in Trophy Club, Texas.
5. Generally described as being 3.50 acres in the Jessie Eads Survey, Abstract No.
392A, Tract 21, Old DCAD Tr #2E, in the Town of Trophy Club, Denton County,
Texas, and further described as being located generally at the northeast corner
of Trophy Club Lake Dr and Trophy Club Dr. in Trophy Club, Texas.
Reinvestment Zone No. 3