Ord. 0757 11-25-96ORDINANCE NO. 757
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; FINDING THAT A REINVESTMENT ZONE
HAS BEEN CREATED PURSUANT TO ORDINANCE NO. 728 IN
ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT BY
TEXAS HONING, INC. ("TEXAS HONING") IN SAID REINVESTMENT
ZONE ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO
THE LAND IN THE ZONE AND THE MUNICIPALITY AFTER THE
EXPIRATION OF THE TAX ABATEMENT AGREEMENT WHICH GRANTS
TAX ABATEMENT TO TEXAS HONING; GRANTING A VARIANCE IN
ACCORDANCE WITH SECTION 3(f) OF THE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT; AND 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, the City Council has, pursuant to Resolution No. R96-12,
established Guidelines and Criteria for Granting Tax Abatement; and
WHEREAS, Chapter 312 of the Texas Tax Code (the "Property Redevelopment
and Tax Abatement Act") authorizes the City to designate Reinvestment Zones for
economic development and grant tax abatement to eligible economic development
projects; and
WHEREAS, Texas Honing has acquired property located within an area of the
City which has been designated as a Reinvestment Zone pursuant to Ordinance
No. 728; and
WHEREAS, the City Council, on November 25, 1996, held a public hearing to
review a tax abatement application submitted by Texas Honing and finds that the
improvements sought are feasible and practical and would be a benefit to the land in
1
ORDINANCE NO. 757
the zone and to the municipality after the expiration of an agreement under the
Property Redevelopment and Tax Abatement Act; now, therefore,
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 grants tax abatement for
Texas Honing in the Reinvestment Zone described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
Section 2. That a variance from Section 3(f) of the Guidelines and Criteria for
Granting Tax Abatement is hereby granted to Texas Honing for construction purposes.
Section 3. That tax abatement in the area described in Exhibit "A" is
reasonably likely 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 the
Tax Abatement Agreement as authorized by the Property Redevelopment and
Tax Abatement Act.
Section 4. That the Reinvestment Zone described herein expires on May 12,
2001, 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 5. That the City Council hereby authorizes agreements in writing with
Texas Honing regarding its taxable real estate located within the designated
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ORDINANCE NO. 757
Reinvestment Zone, subject to the requirements and optional provisions of the
Property Redevelopment and Tax Abatement Act and the conditions of the Guidelines
and Criteria for Granting Tax Abatement heretofore adopted by the City Council.
Section 6. 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 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall become effective upon
passage and approval of its second reading.
3
ORDINANCE NO. 757
PASSED and APPROVED ON FIRST READING this the Gle5t day of
, A.D., 1914 .
ATTEST:
Y� f DA C. BENITEZ
CITY SECRETARY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
of
, A.D., 1996.
TO REID
MAYOR
ATTEST:
4,6L e
YADA C. BENITE
CITY SECRETARY
APPROVED AS TO FORM:
fil es ri\'CA/a51)
ZY Mh ESCMcCULLOUGH
CITY ATTORNEY
day
SURVEY
A 10. 204G ACRE TRACT OR PARCEL CF LAND GUT OF THE EAST 1/2 CF
LOT OR TRACT No. 47 OF THE SUBDIVISION OF SECTION 4, H T & B
RR 1MPANT SURVE/ , ABSTRACT No. 543, IN THE CITT CF FEARLAND,
BRAZORIA COUNTY, TEXAS, AND BEING BORE PARTICULA.RLT DESCRIBED
AS FOLLOWS:
BEGINNING at a 5/8 nch iron rod set for the Northeast corner
of this tit in the North line -•f said Lot 47 at the Northwest
corner of a 20 foot strip conveyed to the City of Pear and for
road purposes recorded in Volume 1390, Page 20 of the Brazoria
County Deed Records, from which a 5/8 inch iron rod in the old
West right of way line of Mykawa Road (60 feet bide) rears Fast,
a distance of 20 feet;
THENCE South along the West line of said 20 foot strip and the
new right of way line of Mykawa Road, passing a 5/8 inch iron
rod on line located in the South line of a called 7.5 acre tract
recorded in Volume 875, Page 774 =f the Brazoria County Deed
Aecorda at 318.50 feet, a total distance of 322.15 feet to a
5/8 nch iron found for the most northerly Southeast corner of
this tract and marking; the Northeast corner of a 1.250 acre tract;
THENCE N 896 27' 45" W along the north ine of said 1.250 acre
tract, a distance of 286.31 feet to a 5/8 inch iron rod found
for an interior corner of this tract and marking the Northwest
corner of said 1.250 acre tract;
THENCE 3 0' 31' 00" 9: along the treat line of said 2.250 acre
tract, a distance of 191.38 feet to a 5/8 inch iron rod found
for corner of this tract and marking the Southwest corner of
said 1.250 acre tract located in the South line of a called
4.5 acre tract recorded in Volume 691, Page 213 of the Brazoria
County Deed Records;
TICS West along the South line of said 4.5 acre tract, a dis-
tance of 689.90 feet to a 5/8 inch iron rod found for the South--
west corner orthis tract and said 4.5 acre *let, from which
a 2 inch iron pipe marking the Southwest corner of said Lot 47
bears South 123.16 feet to a 1 inch iron pipe and continuing
West a distance of 994.7 feet;
THENCE nth along the West line of said 4.5 and 7.5 acre tracts,
paasing a 1 inch iron pipe on line at 192.34 feet, in all a
total distance of 510.84 feet to a 1i;nch iron pipe found for
the Northwest corner of this tract and said 7.5 acre tract;
THENCE East along the North Line of said 7.5 acre tract and
said Lot 47, a distance of 976.7cU feet to the PLACE OF BEGINNING
and containing 10.2040 acres of land, more or less.
Office of
V. K. HRRKSTRESSER
Consulting Engineer
Houston, Taxan 77023
644 0219
STATE OF TEXAS