HomeMy WebLinkAboutPO 7089: TIRZ P.O.No. 7089
08/23/22 vrtlht
ORDINANCE NO.
AN ORDINANCE ENLARGING THE BOUNDARIES OF
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE
(TIRZ NO. 1) (DOWNTOWN TIF), CITY OF PORT
ARTHUR, TEXAS; AND CONTAINING OTHER MATTERS
RELATED TO THE TIRZ NO. 1 (DOWNTOWN TIF).
WHEREAS, pursuant to Ordinance No. 12-75, the City Council, acting under the
provisions of Chapter 311, Texas Tax Code, created and designated a reinvestment zone in
downtown Port Arthur to promote the redevelopment of the area and named for identification as
"Tax Increment Reinvestment Zone No. 1" (TIRZ No. 1) (Downtown TIF), which also may be
referred to as the Downtown Tax Increment Reinvestment Zone; and
WHEREAS,pursuant to Ordinance No. 13-10,adopted by the City on March 6,2013,the
City adopted the Final Project Plan and Reinvestment Zone Financing Plan for the Port Arthur
Downtown Reinvestment Zone#1, an Area designated as a Reinvestment Zone for Tax Increment
Financing Purposes; and
WHEREAS,pursuant to Ordinance No. 15-55,adopted by the City on December 8,2015,
and Section 311.007 of the Texas Tax Code (the "Tax Code"), the City Council reduced the
boundaries of an existing reinvestment TIRZ No. 1 (Downtown TIF), subject to the limitations
provided by Section 311.006 of the Tax Code; and
WHEREAS, pursuant to Ordinance No. 19-18, the City amended the Project Plan and
Financing Plan for the Downtown Tax Increment Reinvestment Zone TIRZ#1; and
WHEREAS, Section 311.007 of the Texas Tax Code (the "Tax Code") allows the City
Council to reduce or enlarge the boundaries of an existing reinvestment TIRZ No. 1 (Downtown
TIF)by ordinance or resolution, subject to the limitations provided by Section 311.006 of the Tax
Code; and
WHEREAS, the City Council has received a petition by the owners of property
constituting at least fifty(50%)percent of the appraised value of the property in the area according
to the most recent certified County appraisal roll for the county requesting that the area be included
in the zone; and
WHEREAS, Section 311.011(e) provides that if an amendment reduces or increases the
geographic area of the zone, a public hearing is required to satisfy Sections 311.003 (c) and (d);
and
WHEREAS,not later than the seventh day before the date of the public hearing, notice of
the public hearing on increasing the geographic area of the zone will be published in a newspaper
having general circulation in the City; and
WHEREAS, the City wishes to enlarge the TIRZ No. 1 (Downtown TIF) by adding the
area highlighted in purple as depicted in Exhibit "A", attached hereto and hereby made a part of
this Ordinance for all purposes; and
WHEREAS, the newly proposed TIRZ No. 1 (Downtown TIF) boundaries map will be
depicted, in its entirety, as Exhibit"B"; and
WHEREAS, by operation of Sections 311.006 and 311.007 of the Tax Code, a
municipality may change the boundaries of an existing reinvestment TIRZ No. 1 (Downtown TIF)
so long as (i) less than ten percent (10%) of the property within the amended boundaries of the
reinvestment TIRZ No. 1 (Downtown TIF),excluding any property dedicated to public use,is used
for residential purposes,as defined in Section 311.006(d)of the Code;(ii)the amended boundaries
of the reinvestment TIRZ No. 1 (Downtown TIF)will not contain more than fifteen percent(15%)
of the total appraised value of taxable real property in the municipality and in the industrial districts
created by the municipality; and (iii) the amended boundaries of the reinvestment TIRZ No. 1
(Downtown TIF) will not contain more than fifteen percent (15%) of the total appraised value of
the real property taxable by a county or school district; and
WHEREAS, on August 30, 2022, the City Council held a public hearing regarding the
enlargement of the TIRZ No. 1 (Downtown TIF) and its benefits to the City and to property in the
TIRZ No. 1 (Downtown TIF) and afforded a reasonable opportunity for all interested persons to
speak for or against the addition of the Properties to the TIRZ No. 1 (Downtown TIF) and the
concept of tax increment financing; and
WHEREAS, notice of the public hearing was published in a newspaper of general
circulation in the City on August 20&21,2022,which date was not later than seven(7)days prior
to the date of the hearing; and,
WHEREAS,prior to the public hearing the City provided written notice to all taxing units
levying real property taxes within the TIRZ No. 1 (Downtown TIF) of the City's intention of
adding the Properties to the TIRZ No. 1 (Downtown TIF) and of the public hearing.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. Findings That after reviewing all information before it regarding the addition
of the Properties to TIRZ No. 1 (Downtown TIF) and after conducting a public hearing regarding
the expansion of the TIRZ No. 1 (Downtown TIF) and its benefits to the City and to property in
the TIRZ No. 1 (Downtown TIF)and affording a reasonable opportunity for all interested persons
to speak for or against the addition of the Properties to TIRZ No. 1 (Downtown TIF) and the
concept of tax increment financing,the City Council hereby makes the following findings of fact:
1.1. The statements, facts, terms, and conditions set forth in the recitals of this Ordinance are
true and correct.
1.2. Addition of the Properties to TIRZ No. 1 (Downtown TIF), as delineated in Exhibit "A",
will not adversely affect development in the TIRZ No. 1 (Downtown TIF) or adversely
affect either the TIRZ No. 1 (Downtown TIF) as delineated in Exhibit"A", or the City in
general.
1.3. The Properties are subject to inclusion into TIRZ No. 1 (Downtown TIF) are as delineated
in Exhibit"A",pursuant to Section 311.007(a) of the Tax Code.
1.4. With the addition of the Properties into the TIRZ No. 1 (Downtown TIF), less than ten
percent (10%) of the property within the TIRZ No. 1 (Downtown TIF), excluding any
property dedicated to public use,will be used for residential purposes,as defined in Section
311.006(d) of the Tax Code.
1.5. With the addition of the Properties into the TIRZ No. 1 (Downtown TIF),the TIRZ No. 1
(Downtown TIF) will not contain more than fifteen percent (15%) of the total appraised
value of taxable real property in the municipality and in the industrial districts created by
the municipality.
1.6. With the addition of the Properties into the TIRZ No. 1 (Downtown TIF),the TIRZ No. 1
(Downtown TIF) will not contain more than fifteen percent (15%) of the total appraised
value of real property taxable by any county or school district.
Section 2. Addition of The Properties Into The TIRZ No. 1 (Downtown TIF) That
the City Council hereby enlarges the boundaries of the TIRZ No. 1 (Downtown TIF) as delineated
in Exhibit "A", by adding the Properties to the TIRZ No. 1 (Downtown TIF). The TIRZ No. 1
(Downtown TIF), as enlarged, has been designated under Section 311.005(a)(1) of the Code and
shall continue to be known as"Tax Increment Reinvestment TIRZ No. 1 (Downtown TIF)Number
One,City of Port Arthur, Texas." With addition of the Properties into the TIRZ No. 1 (Downtown
TIF), the TIRZ No. 1 (Downtown TIF) shall comprise the properties depicted in Exhibit "B",
which is attached hereto and hereby made a part of this Ordinance for all purposes.
Section 3. TIRZ No. 1 (Downtown TIF)Board of Directors That City Manager
will serve as the representative of the City of Port Arthur on the board of directors for the TIRZ
No. 1 (Downtown TIF). Otherwise, the board shall remain unchanged and shall continue to
conform to the requirements of Section 311.009 of the Tax Code.
Section 4. Term of TIRZ No. 1 (Downtown TIF) That the addition of the
Properties into the TIRZ No. 1 (Downtown TIF) shall take effect upon the adoption of this
Ordinance. The TIRZ No. 1 (Downtown TIF),as enlarged, shall be established in accordance with
Section 2 of Ordinance No. 12-75.
Section 5. Determination Of Tax Increment Base That the tax increment base of
the TIRZ No. 1 (Downtown TIF), as defined by Section 311.012(c) of the Tax Code, shall be
increased by the taxable appraised value of the Properties delineated in Exhibit "A" has been
added.
Section 6. Tax Increment Fund That beginning with the 2023 tax year, each taxing
unit which levies real property taxes on the Property as delineated in Exhibit"A" shall be relieved
of any obligation to deposit the percentage of any tax increment(as defined by Section 311.012(a)
of the Tax Code) produced by the Properties that the taxing entity elected to dedicate to the Tax
Increment Fund(created and established for the TIRZ No. 1 (Downtown TIF)pursuant to Section
6 of Ordinance No. 12-75)under a participation agreement with the City,as authorized by Section
311.013(f) of the Tax Code.
Section 7. Severability That if any portion, section or part of a section of this
Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of
competent jurisdiction,the remaining portions, sections or parts of sections of this Ordinance shall
be and remain in full force and effect and shall not in any way be impaired or affected by such
decision, opinion or judgment.
Section 8. That this Ordinance shall take effect and be in full force and effect from
and after its adoption.
READ, ADOPTED AND APPROVED on this day of A.D., 2022,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following
vote: AYES:
Mayor
Councilmembers
NOES: •
Thurman Bailie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
e
Valecia R. Ti ,
City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton,
City Manager
EXHIBIT "A"
. . r
'. d
h
3 A J
{ 2 E
_ n r r
01 , E A 4 .
''3 'H
s I
r
ivt
+ x Joe•Lotes.A
z
ER N' v I
' '
N H
: ' ,`0
1 '''',* i _ `,7- - " , ; , ,,,, , - = ,s, 5 iTrtzil,.....r.
!pi
ll
I'' A7,14 i. ',it-t 4'*I e.,12 , ,Iti ,. - . 1,1.111
q oe
MI! }QQ�
T.
s.
L
1 t Ault AveM11Q
fel
II
a k ' WJ4i;., e n- a -
11'
egg
40 I-
- �
a - ar
1 +
tr.
m�
If. MT f '# N ; — ii D R .-$.
EZyy
.'„LyLys� ,�,,,,4 •4 I •F. ^
.41
` 3 t ? _ �r
gym ^°• a .,•p, of /3 '
C{- mi E. a r - t
r q,-4,,v, I 111 5 dilii liti g im.- ii v , f,i
wAr
7 ;q_ �ncn'ii
1S � .lb§ Fa—*I ! -
, F.
+
EXHIBIT "B"
"t-
•
I r— q _ , > m
co.'
II a. } 1 • i o 1% ,
.L {c� . M.F.. ',��I
le 4
n
'fir �,r`�{ _
ff
o.
. 4., ti,
, i
, ; ,
0 ,r.„g, o 1..1 .o __.,,,, A _
4_1., ,44-, ,_ i„., .440 --,. ,\..: . -. , h, .4 4, ''' ‘;‘...4Fret'
:;....iviii,.., ... „ . . . . _
Tsr '
::-< J i
..ii '.y pa. '�j.if-+. do .�.L ..--'zip` ? -- -�CLN�I Y .,
o m� '�' �.Alt• O,.w't •�•t .�,r
t a k;,!may i 74 s,"t- .. . - m rir:
It. -� �„ -- Ft Wwt-dYf
n y -t •1a 4 x �A. t r -�• _s - ,.�
�.• t- s- .,y, ON _ j,: AU3tI11TAV 4. `,
V1aC0 AYP m `WBCOyAW $4.®..-.•
t'- 4
`. , Sm eY ttA ' s
'! <
am...r. " ". � •' : '$lr .yr•.'+tO to Io .1 4.4,1[ � e '
9
ac n
t .
3, n f 4
o'e Ae Ilk ,.A - m C %� o t aM � yam
a7_ '
A QI .+ f!1 r
a , ref y
El
' _ .. r � Cnanestbn+Av
�
1 ': D r sz+r
• A
•
:r y *
IP
¢ :.
. m
_ ;.ate:
.. Pam .. .
/' D
V x. T
T.