Ord. 1326 2007-08-27
ORDINANCE NO. 1326
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. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #17),
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; 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. R2006-121,
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 August 13, 2007, 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. 1326
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 lIA" attached hereto and made a part
hereof for all purposes, to be known as Reinvestment Zone # 1 7.
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,
2
ORDINANCE NO. 1326
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 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.
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 13th day of August,
A.D., 2007.
~f0
TOM REID
MAYOR
3
ORDINANCE NO. 1326
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 27thday of
August, A.D., 2007.
ATTEST:
APPROVED AS TO FORM:
(:J~ tr.~
DARRIN M. COKER
CITY ATTORNEY
~[(w
TOM REID
MAYOR
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