Ord. 2014-35 - TIRZ boundary revision - signed 6-3-14ORDINANCE NO. 2014-35
AN ORDINANCE APPROVING THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY
OF HUNTSVILLE, TEXAS, AMENDED PROJECT PLAN AND REVISIONS TO THE REINVESTMENT
ZONE FINANCING PLAN; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECT.
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City designated a
contiguous geographic area within the City as Tax Increment Reinvestment Zone Number One; and
WHEREAS, the City prepared and adopted a Reinvestment Zone Financing Plan, and Project
Plan on November 9, 2004, and amended same on December 13, 2005 and April 24, 2007;and
WHEREAS, the City on January 20, 2009 approved Ordinance 2009 -15 amending the Project
Plan and revising the area of the TIRZ from approximately 805 acres to 68.3976 acres, the area of
the proposed Ravenwood Village development; and
WHEREAS, the City on June 21st, 2011 approved Ordinance 2010 -33 amending the revising
the area of the TIRZ from 68.3976 acres to 79.78 acres, the area of the proposed Ravenwood
Village development including adjacent rights of way; and
WHEREAS, the City Council desires to amend the Project Plan and revise the
Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One -
Huntsville, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS:
Section 1. The Designation of the reinvestment zone established in the Ordinance creating Tax
Increment Reinvestment Zone Number One is hereby redesignated as the area described in
Exhibits "A and B" attached hereto.
Section 2. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or
the application of same to any person or circumstances, is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their
application to other persons or set of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this Ordinance that no portion hereof or regulations
connected herein shall become inoperative or fail by reason of any unconstitutionality, voidness or
invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that
purpose.
Section 3. It is hereby found, determined and declared that a sufficient written notice of the
date, hour, place and subject of the meeting of the City Council at which this Ordinance
wasadopted was posted at a place convenient and readily accessible at all times to the general
public at the City Hall of the City for the Time required by law preceding its meeting, as required by
the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has been open to
the public as required by law at all times during which this Ordinance and the subject matter
hereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
First Reading before City Council on June 3'd, 2014.
Second Reading on June 17th, 2014. —t"Uej 10 /3/1q.
PASSED AND APPROVED THISX Hune2014.
3
CITY OF HUNTSVILLE, TEXAS
Mac Woodwa96, Mayor
APPROVED AS TO FORM:
and Schneider, City Attorney
CITY OF HUNT SVILLE, TEXAS
Engineering - Surveying
448 State Hwy. 75 N
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
I, LeonardE. Woods, Registered Professional LandSurveyorNo. 2524, do hereby certify that
this document was preparedunder 22 TAC 663.21, does not reflect the results of an onthe ground
survey, and is not to be used to convey or establish interests in real property ex cept tho se rights and
interests implied or a stabli she dby the creation or r ec onfrgur action of the boundary of the political
subdivision for which it was prepared
TAX JXCRElMENT REnWESTMEAT ZONE MIMBER ONE
REVISED M RCH 20149
Being a tract of land containing82.76 acres, more or less,, within the corporate limits of the City
of Hurd svtll e, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24 and the LE WIS COX
LEAGUE, Abstract N o. 13 b oth in Walls er County, Tex as, said 82.76 acres being comprised of the
following
1) Lots 1 through 14, inclusive, Block 1, ofthe HUNTSVILLE RETAIL CENTER subdivision,
acc ording to a Plat, date dO ctober 2008 rec orde din V olum a 4, page 162, Plat Re cords ofWalker
County, Texas.
2) A call ed 0.9013 acre tract describe d by metes and bounds I abele d "Proposed Ravenw ood Village
Drive" and attached as Exhibit F in a Property Owners Agreement between Ravenwood Village,
Ltd andMCN Realty LP recorded inV plume 864, page 64, Official Public Records of Walker
Courby, Texas.
3) 10.57 acres, more cr less, being aportion ofthe right -cf way ofInterstate Highway No. 45, out
ofand apart of the following parcels:
1) a called 55.0 acre parcel described in a Rigl t-Of. Way Deed from John T. Smither, et al to
the State of Texas dated November 8, 1956 rec or ded in Volume 155, page 422, Deed
Records of Walker C ounty, Texas;
2) "Parcel M ", callec12.0 acres, in a Right.Of -Way Deed from John T. Smither, at al to the
State of Texas dated February4, 1957 recorded in V plume 155, page 427, D eed Records;
4) 0.83 acre, more or less, being a portion of the n&-of- -way ofSmither Drive, out ofand a part of
the following parcels:
1) "Parcel 28 ", called4.067 acres, in a RightOf- WayDeedfrom Florine R. Klussmann to the
City ofHuntsville, Texas ddedSeptember 3, 1999 recordedinV olume 398, page 445,
Official Publi c Records,
2) "Parcel 34 ", call ed0.198 acre, in aRi&- Of- WayDeedfram RuthH. Smithey Family Trust
and the Estate of Robert B. Smither to the City of Huntsville, Texas dated September 13,
1999 recordedin V olume 402, page 458, Official Public Records,
5) 2.9567 acres, more or less, being a portion ofRESERV E A — 52.771 AC, Block 1, of said
HUNTSV I LLE RETAIL CENTER subdivision, described in two parcels encompassing 1.983
acres (86,375 square feep of land and another encompassing 0.9737 acre (42,414 square feet) of
land;
said 82.76 acre tract being described by mete s and bounds to wit:
BEGINNING, at the northwest corner of Lot 3, Block 1 of saidHUNTSVILLE RETAIL
CENTER in the mostnortherly eastline of RESERVE A — 52.771 AC of same subdivision, said
Point of Begirming being also the southwest corner of a 70 foot wide right - of- wayfor roadway
known locally as Ravenwood Village Drive;
EXHIBIT "A"
Page 1 of 3
Tax hicrermrd Reinvesbwit ZoneNumberOm
Revised March 2014
C ity ofliunts ville
Walker County, Texas
THENCE N 03*40'07"W, with the west line of said 70 foot wide right, of-way and the most
Northerly eastline of RESERVE A -52.771 AC, at 35.00 feet pass the northeast comer of said
RESERVE A, a pointfor comer, m the south line of a caUed32.2328 acre tract described in a Deed
from Kimberly Land Ltd. to MNC Realty, L.P. dated April 12, 2001 recordedin V olume 456, page
155, Official Public Record; said pointbeing also the southwest comer of said0.9013 acre parcel,
out of said IANC Realty, L.P. 32.2328 acre tract, recordedinV clune 864, page 64, Official Public
Records, cotfinuing N 03*40'07" W, with the west line of said70 foot wide rightof-way, a total
distance of70.00 feet to northwest comer of said 0,9013 acre parcel;
THENCE N 86*19'46" E, withthe north rigitof-way line of said Ravenwood Village Drive, a
distance of 984.44 feet to the Point ofCurvature of a curve to the left, having a Radius of 150.00
feet, a Central Angle of 28*56'23" and a Chord of N 71 °51'34" E 74.96 feet;
THENCE, continuingwith the north nEhA. cf-way line of said Ravenwood Village Drive along
said curve to the left, an arc distance of75,76 feet to the P oint of Tangency,
THENCE N 57023'23" E, contimiing with the north rig-A-of-way line of said Ravenwood Village
Drive, at 15.56 feet pass the northeast cornet of said0.9013 acre parcel in the west right• of-way line
of Interstate HigiwayNo. 45 and the east line of said State of Texas 55.0 acre parcel, continuingf or
atotal distance of 190.56 feet to a pointin the median of said Interstate H ighwayN o. 45;
THENCE S 320 36'37" E, with the approximate centerline of said Interstate HighwayN o. 45, a
distance of 2260.64 feet to a point.;
THENCE S 57* 2323" W a distance of 617.19 feet to the southeast comer of saidCity of
Huntsville, Texas 0.198 acre right of-way parcel, a pointfor corner inthe southwestline of said
State ofTexas 2.0 acre right-of-way parcel,
THENCE S W 26'36" W a distance of 983.04 feet to a point near the back of the concrete curb,
on the north side, of sai dSmither Drive;
THENCE N 320 36'30" W a distance of 63.22 feetto the common south corner of Lot 11 and
RESERVE A of sai d H UNTSV ILLE RETAIL CENTER;
THENCE, with the common we sterl y lin es ofLots 11, 7 and 3 and the easterly lines of
RESERVE A of sai d H UNTSV ILLE RETAIL CENTER, as foll aws:
I.) N 32' 36'30" W a distance of 211.80 feet to the P oirt of Curvature of a non-tangent curve to
the right, having a Radius of 70.00 feet, a Central Angle of 96'12'49" and a Chord of N 32'
36'30" W 104.22 feet;
2) Northwesterly and northerly, along said non-tangent curve to the right, an arc distance of
117.55 feet to a point for earner;
3) N 32' 36'30" W a distance of 357.62 feet to a point for comer-,
4) S 57* 23'23" W a distance of 25.88 feet to a point for the most southerly comer of 2.4946
AC PD Easement within said Lot 3, Block I of said HUN TS V ILLE RETAIL CENTER;
THENCE, through and across said RESERV E A of sai d H UNTSV ILLE RETAIL CENTER, as
follows:
1.) N 48°36'38" W a distance of 252.30 feetto a point for comer-,
2.) N 57'35'42" W a distance of 102.39 feetto a point for comer,
3) N 42'50'40" W a distance of 124.86 feetto a point for comer,
4) N 19'15'41" W a distance of 111.91 feetto a poirt for corner;
5) N 03*4457" W a distance of 109.53 feetto a point for corner,
6) N 13*18'22" E a distance of 162.88 feet to a point for the mostnortherly comer of said 09737
acre (42,414 square feet) parcel of landin the southwest line of said 1.983 acres (86,375 square
feet) parcel of land,
7) N 3236'33" W a distance of 296.92 feetto the Point of Curvature of a curve to the rig* having
a Radius of 130.00 feet a Central Angle of 28*56'23" and a Chord of N 18'08'20" W 64-97 feet,
EXHIBIT"A!'
Page 2 of 3
Tax Inumnerit Reinwstment Zone Number One
Revised March 2014
City of Huntsville
Walker County. Texas
7.) N 32'36'33" W a distance of 296.92 feet to the Point of Curvature of a curve to the right, having
a Radius of 130.00 feet. a Central Angle of 28*56'23" and a Chord of N 18'08'20" W 64-97 feet;
8.) Northwesterly along said curve to the right. an are distance of 65.66 fee to the Point of
Tangawy,
9.) N 03'40'07" W a distance of48.10 feet to the Point of Curvature of a curve to the right. having a
Radius of 80.00 feet, a Central Angle of 53*25'40- and a Chord of N 23'02*43" F 71.93 feet-,
10.) Northeasterly along said curve to the right. an arc distance of 740) feet to the Point of
I'angency.
11.) N 49045'33" E a distance of 192 feet to the Point of Curvature of a curve to the left,
having a Radius of 20.00 feet, a Central Angle of 53*22'05'* and a Chord ofN 23'04*30" E 17.96
feet;
12.) Northeasiterly along said curve to the left. an arc distance of 18.63 foot to the Point of
Tangency,
t131 N 03136'33" W a distance of 158.75 feet to a point for comer,
and (14.) N 86-19-46" E a distance of 119.58 to the POINT OF BEGINNING.
Signed__
1ertard E. WcKxis
Reg. Prof. Land Surveyor No.2524
yZURVEYOpS4ntojECTSOW14VWSNTIFtZlkTIRZFtEV0314\TRZ-1-REV-0314.fft.d=
F V RD E. W00US
5
EXHIBIT "A"
Page 3 of 3
MNC Realy. LTD.
Called 322328 Ac.
456A S5. O.P.P.
HUNTSVII-
I&
E I RETAIL
PLAI 1/162, P.R
P. omy Lm, A-24
L COX LGE., A -13
A
16, `:Oc
CENTER
0
T.1R.Z No. One
A,1 79Z A rR;7Q
I. Tire purpose of Ine pot Is to •ecuifigxt 'me bounoibries of Tox
ml e7yent Relivestmen! lone NLrsbet Otwo, to Inciude o WIlon of
REE2PV-r * A', BLOCK I. .ATSVLLE RE-AL CENTER.
2. Tfjs D ls prepved concirrenty *,I,h a metes wid boAds
descflotion obtod , 1,X11P I A' ,
1, L+QcWO E. woods. Aeqls-w@d LONd SvVOYW NO.
2124, 00 1weby Cel"y ItW this dotUIW4 -33 prepared
vndW 22 TAC 66321. dots not , ttct V,, tourm at an on
h* rowm survey. and Is w 10 bo u",o 10 tonvwy of
ostabis.) llywests h ftol woowly --copt +404. rivrs ono
littfesTs lrw+d or esToollstied by 'he vechor, or
4Kvn1IrrqlQn at I+w bo-ndcry of t•io Poillical %AbdIvIslon fm
w*11 I+ -as vow#4.
Sir", >7 41e /,—
Reg. Prot. Lonol llw**vo, No, 2524
OF V010, ?8, Poll TAX
L0anor d E, Wo(->do
2 2 City at HuntsviluZ48StoUH*y. TS Nol'h04jq-jvjtM Taw" 7T3P,
410*' NN 09-03-01
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SLAT OF
INCREMENT REINVESTMENT ZONE
NUMBER ONE
CITY OF l-4LINTSVILLF
P. GRAY I-FAGLIF, A-24
L. COX LEAGUE A-13
WAL,KFR COUN-Y, 'FXAS
MARCH 2C14
SCALE I' - 400 Fear
EXHIBIT "B"
CITY COUNCIL AGENDA4* (,
VWJ `
l
6/3/2014Norig
Agenda Item: 5d
Item /Subject: Consider adoption of Ordinance 2014 -35 to revise the boundaries of TIRZ #1, first
reading.
Initiating Department /Presenter: Community & Economic Development
Presenter: Aron Kulhavy, AICP, Director
Recommended Motion: No action needed. - First reading.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City's core services can be provided in an effective and efficient manner.
Discussion: Kroger is in the process of purchasing and platting property currently owned by Property
Commerce in TIRZ #1. In order to accommodate their proposed building and development, an
additional 2.96 acres outside the current boundaries of the development is needed. This additional
property will consist mostly of a drainage easement, a service drive, and as additional capacity to the
detention pond at the rear of the development. Some of these improvements will be public
improvements eligible for reimbursement under the TIRZ fund.
In order to ensure that all of the public improvements eligible for reimbursement under the TIRZ
agreement and to ensure that proper assessments are made by the appraisal district, it is prudent that
the boundaries of the TIRZ mirror that of the development. This boundary adjustment on the TIRZ will
simply mirror that of the new boundary of the Target /Kroger shopping center.
The developer is not requesting any additional reimbursement from the TIRZ fund for the cost incurred
with the relocation of the public improvements.
The TIRZ board discussed the proposed boundary change at their April 2014 meeting and unanimously
voted to recommend approval of the change to the Council. This change will also need ratification from
Walker County.
Previous Council Action: The Council originally created the TIRZ by ordinance in November 2004 and
amended the financing plan and project plan in December of 2005 and in April of 2007. The TIRZ
boundaries were reduced from the original 805 acres in January of 2009 to 68.39 acres. The boundaries
were then amended up to 79.78 acres to include the adjacent rights of way and improvements thereon.
Financial Implications:
There is no financial impact associated with this item.
Item is budgeted: In the amount of $
Item is not budgeted:
Item is estimated to generate additional revenue: The following information was provided to the
TIRZ board to explain the financial impact to the affected parties:
Agenda Item #5d Page 1
The current appraised value for the 2.96 acreage that is currently a portion of the property owned by
Property Commerce outside of the TIRZ is approximately $620. This results in annual tax revenue for
the City of $2.61 and $4.21 for the County. Assuming that the 2.96 acres, once it is combined with the
property for proposed development of the Kroger store, will be assessed in a similar fashion as the land
developed within the TIRZ, the assessed value will be approximately $414,400. This would result in
annual revenue of about $1750 to the City and $2800 to the County. 100% of the City's increase in value
and 50% of the County's increase in value would go to the TIRZ fund.
The cap for the reimbursement to the developer will remain at $3.5 million as per the original TIRZ
agreement.
Approvals: City Attorney Director of Finance City Manager
Associated Information:
Ordinance 2014 -35, including exhibits (Pages 3 -8)
Reference map (Page 9)
Agenda Item #5d Page 2