Ord. 0941 12-13-99ORDINANCE NO. 941
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 #8),
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 November 22, 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. 941
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, herebydesignates 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 #8.
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. 941
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 22nd day of
November
, A.D., 1999.
TOM REID
MAYOR
3
ORDINANCE NO. 941
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the lath
day of December
ATTEST:
, A.D., 1999.
UNG /47
Y SECTARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
[2<f-c-d
4
FREDDY A. GORMLY
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 191E
P. O. BOX 1162, ALVM, TEXAS, 773124162
PHONE 221-3314113
METES AND BOUNDS
23.69 acres of bind, being the residue of a 43.3143 acre tract of land described in Fide Number
1040604 of the Real Property Records in the Office of the County Clerk, Hartiu County, Texas,
situated in the F. B. Drake Sttrvey, Abstract 1181, Harris County, Texas, said 23.69 saes being
more particularly described by mesa and bounds as follows:
BEGINNING at a 3/4 inch iron pipe found for the southeast corner of a 2.8197 acre tract of land
conveyed to Harvey Evans and wife by deed recorded in Flue Number N835131 of the Ral
Property Records in the Office of the County Clerk, Harris County Texas, in the south line of the
aforesaid 43.3143 ace tract and the north line of a 147.6431 acre tract conveyed to County of
Harris by deed recorded in Fide Number 6072386 ID the Office of the County Clerk, Harris
County, Texas, being located North 89 deg. 01 min. 57 sec. East a distance of 733.96 fat from a
5/8 inch iron rod found for the southwest coma of said 43.3143 acre tray of land;
THENCE North 00 deg. 53 min. 21 sec. West along and with the east line of said 2.8197 acre
tract of land, a distance of 1116.92 feet to a k inch iron rod set for the northwest coma of the
herein described tract m the south right-of-way line of South Belt Drive described in Re Number
R329138 in the Office of the County Clerk, Harris County, Texas, being the northeast comer of
said 2.8197 acre tract of land;
THENCE North 88 deg. 41 min. 25 sec. East along and with tba south right -of --way line of South
Belt Drive, a distance of 920.40 feet to a 1 1/4 inch iron pipe set for the northeast comer of the
herein described tract in the east line of said 43.3143 acre tract of land, being the northwest
comer of s 11.423 acre tract described in Fite Number T215924 in the Office of the County
Clerk, Harris County, Texas;
THENCE South 01 deg. 01 min. 03 sec. East, at 578.87 feat pass a 5/8 inch iron rod found for
the southwest comer of said 11.423 acre tract and the northwest comer of a 21 acre tract
described in File Number H273862 in the Office of the County Clerk, Harris County, Texas, and
continue for a total distance of 1122.42 feet to a 5/8 inch von rod found for the southeast comer
of said 43.3143 acre tract of land, the southwest corner of said 21 acre tract of land in the north
line of the aforesaid 147.6431 acre tract;
THENCE South 89 deg. 01 min. 57 sec. West along and with the soutb line of said 43.3143 acre
tract and the north line of said 147.6431 acre tract, a distance of 992.89 fees to the PLACE OF
BEGINNING and containing 23.69 acres of land, being the same land conveyed to George Cobb,
Sr., by deed recorded in Fde Numbers N533721 and N533724 in the Office of the County Clerk,
Harris County, Texas.
METES AND BOUNDS WRITTEN MARCH 9, 1999
Freddy A Gormly
Registered Professional Land Surveyor No. 1918
EXHIBIT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404. South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
Subscribe and sworn to before me this
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Notice? hereby giv@mlhat om
19992at700gmuthe'Cty_
fdunod-oj. the City ofr
Poarland, `Brazoria, Fort,
Bend, and Harris Comities,
Taxe0,1.011-iodnduct a Rublidl
Hearing`, ,In the Council
$hambers;s`City Hall, 39f9t
Liborty l tyve P9arl td t
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a ti`, at fore,
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citoriing at (281) 0027'
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■ ■�rriv 'jr ruCSL1lr.1 IVN
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
of Texas
)ria and Harris Counties
idy Emmons, hereby certify that the notice hereby appended was published
izoria and Harris Counties in THE REPORTER NEWS, a .newspaper of general
ation in Brazoria and Harris Counties, for / issues, as follows:
No. 1 Date
No. •Date
No. Date
Vo.. Date
Vo. Date
ibe and sworn to before me this
President
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NOTICE_ OF_A-JOINT-.PUB-J
LIC HEARING OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND,TEXAS
Notice is hereby given that on
the 28th day of August, 2000,
at 6:30 p.m., the City Council
and the Planning and Zoning..
Commission ,of the City of
Pearland, Brazoria, Harris and
Fort Bend Counties, Texas,'
will conduct a Joint Public;
Hearing in. the Council;'
"Chambers, City Hall, 3519'.
' Liberty Drive, .Pearland,'
Texas, on the request of
-Paradise Cemetery South •
owner, for an amendment k
the Land Use and Urban -
Development Ordinance of,
said City-fron . Classification
'Suburban De elopinent
!District (SD) to General
Business District (GB) on the
following described property, •
to wit: - _
•
8.8585 acres; .H. T. & B. R.R.
Co, survey, Sect. 19, A-243,
Brazoria Co.,, TX and being
out of and a part of Lot 9'of
the Allison Richey Gulf Coast
Home- Co'. Subdivision, •
according to the plat recorded .
in Vol. 2, pg. 23 & 24, plat .
records of Brazoria Co., TX
(Cullen Boulevard @ Hughes
Ranch, Road)
At said hearing all interested
parties shall -have the right
and opportunity to appear and
be heard on the subject. '
/s/ Young Lorfing - -
City Secretary
APPLICATION N0-94.1--2