Ord. 0935 11-08-99ORDINANCE NO. 935
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. R98-59; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #7),
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. R98-59,
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 October 25, 1999, 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. 935
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 #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,
subject to the requirements and optional provisions of the Property Redevelopment
2
ORDINANCE NO. 935
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. 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.
PASSED and APPROVED ON FIRST READING this the 25th day of
October , A.D., 1999.
TONIRED
MAYOR
3
ORDINANCE NO. 935
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th
day of November
ATTEST:
IN
RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
, A.D., 1999.
Y1yrifa-ri
TOM REID
MAYOR
4
OCT 18 '99 12:38 FR REAL ESTATE
713 693 4260 TO 82816521301 P.06i87
EDIT "A"
TRACT 1: Being all that certain 82.498 acre tract TRACT 2: Being all that certain
1.463 acre tract TRACT 3: Being all that certain 6.2060 acre tact TRACT 4: Being all
that certain 5.3099 acre tract. All out of the A.C.H. & BAR. Company Survey,
Section 2, Abstract 607, being also out of Lots 2, 9 and 10 of the L W. Murdock
Subdivision according to the map thereof recorded in Volume 29, Pap 174, Deed
Records, Smartt County, Tau; said tracts being mon particularly described by metes
and bounds below; AND being the same property conveyed to Orate Natural Resources
Corp, by Deed recorded in Volume 1506, Page 799 of the Dad Records of Brazoria
County, Tens:
s
that satasa 33.401 .ere tract et land ea et who A.C.N. a 04 A.R. Carapace;
S�iavey Men 1, Abstract 107, batag else on et Leta 3, 0 and 10 et the L. N. *teeth
beivis en nee din$ to taw an Unrest enerdd In Nola 21, Pate 174. Oen a•e.rdi•
t n en thusly, renui aid treat Nis[ eon perrAnierl7 described by notes and bends
• tell it saa1N111211 at a 2" iren'plpe nested at the southeast after et Bath let
1 t
RNCO uth tit'. Sao Cr loot slay the deuth Use et said Lot 10, a distense et 1003.54
n es A" lean pipe In sonata balmW else the serums tarty 11ns et than Q.C. L 1.7.
A. 3 felt al t•.S u:y 7116ICt Anti le 03' 01" Nest *Isnt end O.C. S.S.P. R.R.
tee er. a natant* et' 1256a4 feet t• 0 1/2" 17en eel ter ceiser;
with 1D' 200 Si" Nut a anion et 1301.40 feat to a 1/3" iron sod tot tenor;
0' lei 3p" San &Aswan et 1230.16 bet to Ile PIACI 0P 526INSIN6 sod
1.e13.e30 severe tat es 33.401 gene a fond.
S 0 e that !Gnats Lela sere ma et Ind at et the A.C.M. a 0. R.I. Cann
p, :halo 2, Abotns% S87 an Ian pan et tees 0 ad 10 et the L. V. *neck
S bent nice ae sham an asp ov plat raided is W1ssr 2/, Pegs 174, 0nd tttnidt,
1 spark Casty, Tany e•aid treat being one portiaiarlr described by fetes end bawds
a fell 7
I CVIM2N pit a 1/2" tree red land le the Southiast saner K sold Let ID: ►eani
a se thelvMtt line of sold A.C.N. 4 0. R.R. Caepony Serve. Section 3. •sd the tail
1 no of ibs M.T. L 1. t.l. Caspian; Survey. Seethe 33, Abo 203: ,
MVO rah slag the said tease Waves list, • Sistine,et 715.11 test (celled
700.37 t et) to a 1" tree pipe found 1r the seuthvaterly fine et the G.C. L S.t.
R.O. any 100 tees ritht•ef vyi
7MHiCt a a 14' 03' 01" bat Ilene Nod rennet right•ebvsy, a Cot t 733.99
tat (ace 1 727.20 ten) to a 2" Ina pipe legated !s the south 1111e et sale Let
lea
NINU lush le Se Or Want along sold south lbw et In le, • distinct et 178.23
f et (1 171.42 foot) to the PuAa OF 1t0I3C11N0; and Mtn 43,711 square feet
•l 1.463 t lead.
hint
certain 0.20110 an Iran et lad en et A.C.N. a 1. a.t. Ceepany Surrey,
, Abstract 307, sad being also Get et lets t ant 11 et the L. V. *attest
en es shoes in Gyp or plat ncordsd is velum 31, Page 174, of Coed RRR,
County, Tani Ming awe particularly described by seas ad bonds as
et a petal loated• at the tatlweet cornet et Let 3 out of said L. W,
ltinniest
0 depren, le alautn 2t stands Sat slag the vat line of said tat
s dos Mee et else/ tat to a 1/2 lea ben red for a anon; Ming also in the
awes my line et State lilghuey Ns. 3S, a 100 ton vide ;
$NCe 1 20 dapees, 31 notate. 13 tacads test alas the lesthv Iy line
oK said uts Nipvsy 11e. 33, a distance et 1113:76 fast to a 1/2 leek inn rod ter
a140704T Ming also 7111 PIACI OP 33G730i1NDt
[ • Cleve South 3/ deans., 3e alnuees 13 sounds last Ilene the south lag
1 nee es old State lilghval Ile. 33, a dlatact et 327.62 tat pass the lntetseetlen
et Lets and 11, a nld dictate et 361./6 feet to a 1/2 inch iron red for s
cppm.r; Gist aloe the south bank of a 30 feet drainage ditch;
T11LNC[ 3 h SS degrees, 10 minutes 33 steads Nest along the smash line of seta
d aintaa 4ttsh a 41444A44 of 941.20 fen to s 1/2 task Iron red for • corner;
T SACS N ash 0 degrees, 1a sinuses 0seconds Vest a distance of 10.00 feat frigt . lute section at Was 11 sad 1 • will 41/t••as of 317.01 tut to a 1/2 loch
I an redI fir • earner; THENCE North as degrees 10 /goatee 33 aeos4 last • distance
• 763.0 foot to THE P1AC2 Of 3242:0134; and c•atsintns 270,2/0 squirt feet se 6.2020
strum of land.
Pearland, TX
,
OCT 18 '99 12:38 FR REEL ESTATE
713 693 4260 TO 82816521301 P.07i07
EzL .,t A" Continued
Page 2
311 that tends S.3000 sip tract at land opt et no A.C.X. d S. l.a.
.itetion S, abstract S07, ondltiag alga out at to S 02 et L. W.
kith, u /hers as cap dr, pin roarta is Yolvas 21, Oats its, et base
mIlmorive Otte. renal ►etas awe particularly described ► e e sad bounds
wy sat a 'plat hosted at the NsatWest setter of Let 3. out of ssla L. v.
rk+tcefici ofsaidLLot 3 dUtanp of 44.n tesla ta a 1/2 lad arta' it esins red ator
tatM
a caul dee also la the nutter sarly Use of hate lijway Mee 33, a 100 test
✓ ■at: ni
3s Mersa. 30 isaneo 11 steads Wt Olaµ no senhwstsrly Use
s satd ate Hiccup No. 3S, s Canon of 115140 fat to a 1/3 lash ira red far
s saes balm also 'Apt MACS OP UG*NNfadi
law iwd'2O Assam 31 sumo 13 seae& last aloft the asuthwttarly
#u'et aid State Mani le. 33. a dimes se lad.10 fon to s 1/3 lash iron rod
}}rr 2
��, SO Ndtan. 10'slatttn 33 lomat vat a distaste of 7d3,d7 felt to
1/1 ei hie ratfor await; • aaiti balsa also the oast of t list said Lot ai ma•rth Ot isptat, id Mauna 22aloSits :nt alms the vote tin of raid lat t a
!stone el et 347.Os fat a a 1/2 itch OM VW hr a nnart anal alas tat ftrthrest
error s! said bat Si
;Nagel W�na e1 degrees 10 alwtn 33 semis tat drat the %nth life 51 ▪ nit 1st
, a atlases of Mai foot to nit Pita OF RG1101ING: and notdaist 231,300 square
en sr 3000 tern if lad.
Pearland, TX