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Ord. 0805 07-14-97ORDINANCE NO. 805 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. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #3), 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; PROVIDING FOR CODIFICATION 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. R96-12, 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 July 14, 1997, 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, 1 ORDINANCE NO. 805 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 area described in Exhibit "A" attached hereto and made a part hereof for all purposes, to be known as Reinvestment Zone #3. Section 2. That the area described in Exhibit "A" is 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 2 ORDINANCE NO. 805 Tax 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. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 9. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. 3 ORDINANCE NO. 805 PASSED and APPROVED ON FIRST READING this the PP/Nay of , A.D., 1997. ATTEST: NG LP `FING SE ' ETARY TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the..?gV"day ATTEST: RETARY APPROED AS TO FORM: AMY OTES McCUL OUGH CITY • TTORNEY , A.D., 1997. 4 /11 TOM REID MAYOR Parcel 1 EXHIBIT "A" BEING 522,719.99 SQUARE FEET OR 12.0000 ACRES OF LAND OUT OF AND PART OF CALLED LOT 34 OF 'Mit W. ZYCIiLINSIKI SUBDIVISION OF THE D.T. & B. R/R. CO. SURVEY NO. 3, A-232, BRAZORiA COUNTY, TEXAS, ACCORDING TO TIDE MAP OR. PLAT THEREOF RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS; SAID 12.0000 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOW: COMMENCING, at a (1) inch pinched top pipe found on the east right-of-way line of Mykawa Road (60 feet wide) at the southwest corner of aforesaid Lot 34, of the W. Zychlinski Subdivision; THENCE, S 89° 58' 22" E, along the south line of said Lot 34, a distance of 466.64 fret to a 5/8 inch iron rod set for the POINT OF BEGINNING of the herein described tract; THENCE, continuing, S 89° 58' 22" E, ,slung the mouth line of said Lot 34, a distance of 903,10 feet to a point for corner on the westerly right-of-way line of the G.C.E.S.F. Rail Road right-of-way (called 100 feet wide); THENCE, N 13° 52' 24" W, along die westerly right-of-way line of said G.C.E.S.F. Rail Road right-of-way, a distance of 653.01 feet to a 1/2 inch iron rod found for a point for corner on the northeast corner of said Lot 34; THENCE, N 89° 58' 35" W, along the north line of said Lot 34, a distance of 746.20 feet to a 5/8 inch iron rod set for a point for corner; THENCE, S O0° 01 41" W, across said Lot 34, a distance of 633.34 feet to the POINT OF BEGINNING of the herein described tract and containing as aforesaid 522,719.99 square feet or 12.0000 acres ofjland. Page 1 of 2 MYKAWA ,R0A13. fW.44titt. 4AiffiV 111 r,t 6 tT l\1 5.11.61. .1.1.111 III 1.41 633.34. OSS0+ Page 2 of 2 jj 1.!