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HomeMy WebLinkAboutOrd. 1553 2017-11-27 ORDINANCE NO. 1553 An Ordinance of the City Council of the City of Pearland, Texas, finding that the City has established Guidelines and Criteria for Granting Tax Abatement pursuant to Resolution No. R2017-12; designating and describing a Reinvestment Zone (to be known as Reinvestment Zone #29) generally located near Kirby Drive and Beltway 8, in accordance with the Property Redevelopment and Tax Abatement Act; finding that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and the municipality after the expiration of the Tax Abatement Agreement; authorizing the City Manager to sign tax abatement agreements when approved by the City Council; having a savings clause and a severability clause; and an effective date. WHEREAS, Chapter 312 of the Texas Tax Code(the"Property Redevelopment and Tax Abatement Act") provides for the designation of a Reinvestment Zone or area; and WHEREAS, the City Council has, pursuant to Resolution No. R2017-12, established Guidelines and Criteria for Granting Tax Abatement; and WHEREAS, a certain area of the City of Pearland meets the criteria and guidelines heretofore established by the City Council required for designation as a Reinvestment Zone; and WHEREAS, the City Council, on November 27, 2017 held a public hearing on the designation of a Reinvestment Zone and finds that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the municipality after the expiration of an agreement under the Property Redevelopment and Tax Abatement Act; now, therefore, ORDINANCE NO. 1553 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That pursuant to the Property Redevelopment and Tax Abatement Act, the City Council of the City of Pearland, Texas, hereby designates as a Reinvestment Zone the areas described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes, to be known as Reinvestment Zone #29. Section 2. That the areas described in Exhibits"A"and "B"are reasonably likely, as a result of this designation, to contribute to the retention or expansion of primary employment, or to attract major investment into the zone that would be a benefit to the property and that would contribute to the economic development of the City, and that the improvements sought are feasible and practical and would be a benefit to the land to be included into the zone and to the municipality after the expiration of a Tax Abatement Agreement as authorized by the Property Redevelopment and Tax Abatement Act. Section 3. That the designation of the Reinvestment Zone herein expires five (5) years from the effective date of this ordinance and may be renewed by a subsequent ordinance of the City Council for a period not to exceed an additional five (5) years. That expiration of the original designation shall not affect an agreement entered into under the provisions of this ordinance. Section 4. That the City Council hereby authorizes agreements in writing with the owner of any taxable real estate located within the designated Reinvestment Zone, subject to the requirements and optional provisions of the Property Redevelopment and Tax 2 ORDINANCE NO. 1553 Abatement Act and the conditions of the Guidelines and Criteria for Granting Tax Abatement heretofore adopted by the City Council. Section 5. That any agreement to be entered into under the provisions of this ordinance must be approved by the affirmative vote of a majority of the members of the City Council at a regularly scheduled meeting of the City Council. On approval by the City Council, the agreement may be executed by the City Manager. Section 6. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance shall be and are preserved for the benefit of the City. Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 8. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the 27th day of November, A.D., 2017. att, TOM REID MAYOR 3 ORDINANCE NO. 1553 ATTEST: <cQ�`..L4Np',, Y NG L� d,Lj - /\ TY SE "ETARY ''''h,Igiito•`‘‘ APPROVED AS TO FORM: ' it G(^--- DARRIN M. COKE CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 11th day of December, A. D., 2017. \\ \ .,.._117-4,_4117( V TOM REID MAYOR ATTEST: `,.��QFJ►RL4Ns, tit. NG R IN MC o,, " TY SE RETARY ..'....... ...•. APPROVED AS TO FORM: 061.----. dr----., DARRIN M. COKER CITY ATTORNEY 4 Ordinance No. 1553 Exhibit"A" SPECTRUM COMMERCE MARCH 18, 2009 14.526 ACERS JOB NO. XX090G-51' DESCRIPTION OF A 14.526 ACRE TRACT OF LAND SITUATED IN THE JAMES HAMILTON SIJRVI:Y, ABSTRACT NTJMBFR 876 HARRIS COUNTY, TEXAS BEING a 14.526 acre tract of land situated in the James Hamilton Survey, Abstract Number 876 Harris County Texas and being out of Tract 3, called 19.342 acres recorded in Harris County Clerk's File Number 20060169567 and further being out of Lots 37, 37 1/2, 38 and 38 1/2 of Section F, of Allison Richey Gulf Coast Home Company Subdivision recorded in Volume 3, Page 40 of the Harris County Map Records, said 14.526 acres described as follows; BEGINNING at a 5/8-inch iron rod with cap stamped "Carter&Burgess" found marking the northwest corner of said 19.342 acres and the herein described tract of land at the southeast intersection corner of Hooper road(60' wide right-of-way Volume 3, Page 40 of the Harris County Map Records) and Riley Road (not open 40' right-of-way Volume 3, Page 40 of the Harris County Map Records); THENCE N 87°22'25" E, along the south right-of-way line of said Riley Road a distance of 1107.72 feet to an"K" scribed in concrete found thr the northeast corner of the herein described tract of land, at the southwest intersection corner of said Riley Road and Kirby Drive AKA Anagnost Road "width varies Harris County Clerk's File Numbers Y173146, Y173149 and Y173153; THENCE along the west right-of-way Iine of said Kirby Drive the following courses and distances S 02017'03" B; a distance of 29.76 feet to a 5/8-inch iron rod with cap stamped "Survcon Inc." found for an angle point; S 47021'34" F., a distance of 28.25 feet to a 5/8-inch iron rod with cap stamped "Carter Burgess" found for an angle point; S 02"17103" I , a distance of 259.18 feet to a 5/8-inch iron rod found for an angle point; S 07°28'43" B, a distance of 165.68 feet to a 518--inch iron rod with cap stamped "Brown& Gay" set for an angle point; S 02°17'03" H, a distance of 47.45 feet to a 518-inch iron rod with cap stamped "Brown& Gay" set for the southeast corner of the herein described tract of land; THENCE S 87°36'16" W, a distance of 1231.02 feet to a 5/8-inch iron rod with cap stamped "Carter' &Burgess" in the east right-of-way line of said Hooper Road and being the southwest corner of the herein described tract of land; THENCE N 02'28'12" W, along the east right-of-way line of said Hopper Road a distance of 516.58 feet to the POINT OF BEGINNING and containing 14.526 acres of land. Page 1 of 2 R:1PROJCCT'SIXX091XX0cOG ADMIN\I4 5261V/R3.doc Bearings am based on the Texas State Plane Coordinate System, South Central Zone, NAD-83 and was established by GPS observations. Revised: 04/03/09 i /- i r§'1• , 4t. lik/ ,,, --- Paul A. Jurica Jr. RPLS No. 4264 1 PA1JL A,,�UR1R.. t� Brown& Gay Engineers, Inc. ';taa• o.•....e .....•.•.•w a 4264/ '/ 10777 Westheinier Road, Suite 400 • . \9o�, s��o` ' f, Houston, Texas 77042 �,._e4"_0..UR• La .., Telephone: (281) 558-8700 Page 2 of 2 R:U'ROJECTS1XX091XX09061ADMfN ]4 526M113_doc Ordinance No. 1553 Exhibit "B" ALLISON-RICHEY dfi' �' ii ' I "fE rw GULF COAST HOME COMPANY mcno"T ZONESr ••• �„„ SUBDIVISION Lnr "`4 r n'l VOL. 3, PG.40 H.C.M.R. \ I n,n / ) Vii ..Aa 9{,P�9 A>� N � .,c�— .� .'J,i' P 'ef ;P &'�, f 3;fA1ll rm -- PROJECT L0,7P.n k , >e.n \ Af d \ d - RILEYgOAD \ A. ' .9t4t".'�.?:.ual d ., sY rx �,-� A __��I ?2II .f r�...xl .' 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Tl ,Or u p la scorn T Cn C4 ti „�— .....s7.w T«L xTw-u.xun"eY.Me^' Mil 257-e4- Wod ,..,.„.T Tiny Dr.and Nal. .xw Tr,iw .,,.b.,..w..Tea Sas„.n.Coordinate n ., . south DL,.7... .Ow a. •. torn.a....".°w a.",.a.".D.zs...".i w..,° wm a,ma BROWN ° �•r ° « „ " ,„t.Yr &GAY 281-5.58-15700 $ 9°'d;� nn ''« """'w.,..L,.�.x ' ' " TOPOGRAPHIC SURVEY OF T "^^„ '�..'.°^°"•w°..w° w^•^°1Ae'""° °'"7002 14.526 ACRES OF LAND w SITUATED IN THE 4 3-1,-oy JAMES HAMILTON SURVEY " .°T f ABSTRACT 876 g 4�:.4q4.6e S X.....:;... P.c HARRIS COUNTY,TEXAS rws 4 7.mm. p osn� =1 PROPOSED REINVESTMENT ZONE �� ! t4 ;" ,t 1."...°.k'.:,, ' .1*,;:t?...,it,,,.4,,.,'..„'.:,,:,'.4',:-...,:- '.t...4,;c.,..?..0%;144', rl. ��9� ggk v` " ..�..+� - < --- iltl -13�au1fU''''�d+� w ::::1;-;•1 7.:'''''74';';';:;;;;;;'''114";:''';*:: �olt ( a. g"� a�� Q "' "}%� aenPe'! i '' ';',..„'..,.:„.'..4, ]1 ' \ I ' ''''''''' 77 a 7,....j F e X; ##..� ;' ter. N� r i, 6 ..., --:-.(... 7.- .-.,- '-,,:-_ '.., ,,,,..-: AA; '.... .:''''1';'' . , I, 1:2,400 1 inch=200 feet ot it? cy,v -- baa ; ., NORTH meormuct afo,,,brrnatbnapurpoaea * # r > ML,dfo ratbe prepared a be sui b hiee for legal,engin seri rg, f'Ft ,� or rveyngprpases. MAP PREPARED.NOVEMBER td,20 t7