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Ord. 0846 04-27-98ORDINANCE NO. 846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN AS APPROVED BY THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. I ("TIRZ"), CITY OF PEARLAND, TEXAS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DEVELOP THE CITY'S INFRASTRUCTURE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, pursuant to Chapter 311 of the Texas Tax Code and City of Pearland Ordinance No. 834, the City has designated a contiguous geographic area within the City limits of Pearland, Texas, as Tax Increment Reinvestment Zone No. 1 and created a board of directors to make recommendations to the City Council concerning the administration of the zone; and WHEREAS, pursuant to Section 311.011 of the Texas Tax Code, the TIRZ Board of Directors prepared and adopted a Project Plan and Reinvestment Zone Financing Plan for the TIRZ, and have submitted such plans to the City Council for its approval; and WHEREAS, the Project Plan enables the development of a quality, single family, in-city, residential community which will act as a self-sustaining tax base for the City; and WHEREAS, the TI RZ has prepared a ReinvestmentZone Financing Plan by which the developer will advance funds for the improvements to the reinvestment zone and will be reimbursed according to a City Council approved development and financing agreement between the TIRZ and the developer; now, therefore, ORDINANCE NO. 846 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. It is hereby officially found and determined that all of the facts recited in the preamble hereto are found and declared to be true and correct and the preamble is incorporated into and made a part of this ordinance. Section 2. That certain TIRZ Project Plan and Reinvestment Zone Financing Plan, a copy of which has been previously furnished to City Council and is available in the City Secretary's office upon request, is incorporated herein for all purposes, and is hereby authorized and approved. Section 3. Declaration of Emergency, The City Council finds and determines that the need to develop the City's infrastructure bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 4. Severability. or portion of this Ordinance is If any section, subsection, sentence, clause, phrase 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 5. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. 2 ORDINANCE NO. 846 PASSED and APPROVED on First and Only Reading this the 27th day of April ATTEST: , A.D., 1998. APPROVED AS TO FORM: 0.,,,,,,.... ii- Wit, DARRIN M. COKER INTERIM CITY ATTORNEY TOM REID MAYOR 3 NOTE TO COUNCIL The PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN referenced in Ordinance No. 846 is provided in your Council packet for 4/27/98.