Ord. 1353 2008-08-25ORDINANCE NO. 1353
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GU/DEL/NESAND
CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO
RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENTZONE (TO BE KNOWN AS REINVESTMENT ZONE #20),
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; 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 11, 2008, 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. 1353
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 #20.
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 Tax
2
ORDINANCE NO. 1353
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. Effective Date. This Ordinance shall become effective upon passage
and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the 11~h d f August, A. D., 2008.
T REID ,
MAYOR
3
ORDINANCE NO. 1353
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of
August, A. D., 2008.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
Exhibit "A"
Ordinance No. 1353
METES AND BOUNDS DESCRIPTION
9.4675 ACRES Page 1 of 2
(412,404 Square Feet)
Being all that certain 9.4675 acres (412,404 square feet) tract of land situated in Section 27, H.T.
& B.R.R. Company Survey, A-308, Brazoria County, Texas; and being part of Lot 165 and Lot
166 of the W. Zychlinski Subdivision as recorded in Volume 29, Page 9, of the Deed Records of
Brazoria County, and also being a portion of the land conveyed by Charles Edwazd Knight to
Helen F. Alexander by deed dated Tuly 10, 1946, recorded in Volume 405, Page 540, of the Deed
Records of Brazoria County and being the same 44.119 acre conveyed to Jud's Food Stores, Inc.
on July 01, 1990 under Brazoria County Clerk's File 94-004499, said 9.4675 of ene-acre
(412,404 square feet) tract being more particularly described as follows to wit:
COMNI>;NCING at the southeast corner of the parent 44.119 acre tract (found 44.1077 acres)
located in the westerly margin of State Highway No. 35, from which a 1/2-inch iron rod bears
North 86° 36' S0" East, 1.63 feet and held for the south bearing line;
thence, South 86° 36' S0" West, with the south line of said parent call 44.119 acre tract, a
distance of 920.09 feet to a '/a-inch iron rod set for the south east corner and POINT OF
BEGINNING of herein described tract; having surface coordinates of North = 13,759,951.79 and
East = 3,155,784.05: bearings and coordinates based on the Texas State Plane Coordinate
System, South Central Zone, NAD 83, U.S, foot and may be converted to grid values by applying
a combined scale factor of 0.9998693755,-
THENCE, South 86° 36' SO" West, with the south line of herein described tract, with the
north line of that certain tract described in deed recorded in Volume 2007, Page 736 of
the Brazoria County Properly Records, Brazoria County, Texas and with the south line of
the pazent call 44.119 acre tract, at distance of 246.16 feet pass a concrete monument
disturbed by tree growth and continue a total distance of 827.04 feet to a '/.-inch iron rod
set for southwest corner, from which the southwest corner of the pazent 44.119 acre tract,
a disturbed concrete monument bears South 86°3b'S0" West, 2,046.48 feet;
THENCE, North 03° 23' 16" West, with the westerly line of herein described tract, a
distance of 498.64 feet to a'/.-inch iron rod set in the south line of that certain 19-foot
wide strip of land conveyed to the City of Pearland (46,583 square feet) described in deed
filed for record under Brazoria County Clerk's File No. 2006032567, from which the
southwest comer of said 19-foot strip corner bears, South 86° 36' 44" East, 1,466.65 feet;
THENCE, North 86° 36' 44" East, with the south line of said 19-foot wide strip (46,583
square foot) tract and with the north line of herein described tract, a distance of 827.04
feet to a'/,-inch iron rod set for the northeast comer of herein described tract, from which
the point of the beginning of a curve corner for said 46,583 square foot tract bears, North
86° 36' 44" East, 73.63 feet;
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Page 2 of 2
THENCE, South 03° 23' 16" East, with the east line of herein described tract, a distance
of 49$.67 feet to a'/.-inch iron rod set at the POINT OF BEGINNING and containing
9.4675 of one-acre (412,404 square feet) of Jand.
A survey exhibit of even date accompanies this metes and bounds description.
Prepared and compiled by:
Ratnala & Bahl, Inc.
11767 Katy Freeway, Suite 510
Houston, Texas 77079
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