Ord. 0967 05-08-00ORDINANCE NO. 967
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 #10),
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; HAVINGA 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 April 24, 2000, 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. 967
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 #10.
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. 967
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 24th day of
April , A.D., 2000.
TOM REID
MAYOR
3
ORDINANCE NO. 967
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th
day of May
ATTEST:
APPROVED AS TO FORM:
, A.D., 2000.
DARRIN M. COKER
CITY ATTORNEY
C2)019-7 1.?At—ri
TOM REID
MAYOR
4
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A 29.585 ACRE TRACT OF LAND BEING ALL OF LOT 7 OF THE H. MASTERSON
SUBDIVISION OF SECTION 5 OF THE H. T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 237, BRAZORIA COUNTY, TEXAS, RECORDED IN VOLUME 28, PAGE 6. OF
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND A PORTION OF A 40' WIDE
DEDICATED ROAD SOUTH OF LOT 7. CONTAINING 12,156.9 SO. FT. AND A PORTION OF
LOT 7.1/2 CONTAINING 14.732.9 SD. FT. OF LAND. MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BEGIN AT A 5/8' IRON ROD SET IN THE COMMON LINE OF LOT 6 AND LOT 7 OF
AFORESAID SUBDIVISION, MARKING THE NORTHEAST CORNER OF HEREIN
DESCRIBED TRACT, ALSO BEING IN THE WEST LINE OF A 10' ROAD WIDENING STRIP
DESCRIBED BY DEED RECORDED IN VOLUME 842, PAGE 40, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, FROM WHICH A CONCRETE MONUMENT FOUND
BEARS S. 89'58'48' E., 10.00'.
MARKING THE NORTHEAST CORNER OF LOT 7 AND SOUTHEAST CORNER OF LOT 6
THENCE S.00'07'20' E. WITH THE WEST LINE OF SAID 10' WIDENING STRIP AT
1208.31' PASS THE SOUTH LINE OF LOT 7, AND AT 1335.99' PASS 'A 5/8' IRON ROD SET
IN THE NORTHERLY LINE OF A 20' WIDE WATER AND SEWER EASEMENT RECORDED
UNDER C.C.F. No. 93-044998 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS, CONTINUING FOR A TOTAL DISTANCE OF 1357.87' TO A POINT MARKING THE
SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT, BEING IN THE NORTHERLY LINE
OF 40' WIDE COUNTY ROAD 114 (ORANGE ST.) •
THENCE N. 68'11'53' W. WITH THE NORTHERLY LINE OF SAID ORANGE STREET A
DISTANCE OF 370.83' TO AN ANGLE POINT IN THE NORTHERLY LINE OF ORANGE
STREET FOR CORNER, FROM WHICH A 5/8' IRON ROD SET IN AT AN ANGLE POINT IN
THE NORTHERLY LINE OF A 20' WATER AND SEWER EASEMENT RECORDED UNDER
C.C.F. No. 93-011126, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, BEARS N.
11.54'28' E., 20.44'.
THENCE N. 89'59'11' W. WITH THE NORTH LINE. OF ORANGE STREET AND 20' SOUTH
OF SAID WATER AND SEWER EASEMENT A DISTANCE OF 706.58' TO A POINT MARKING
THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT. ALSO BEING THE
SOUTHEAST CORNER OF THE LENARD R. WEST TRACT, RECORDED IN VOLUME 1602.
PAGE 052, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS.
THENCE N. 00'07'20' W. WITH THE COMMON LINE OF LOT'S 7 AND 14 AND EAST LINE
OF SAID WEST TRACT AT 20.00' PASS A 5/8' IRON ROD SET IN THE NORTH LINE OF
SAID 20' WIDE WATER AND SEWER EASEMENT, CONTINUING FOR A TOTAL DISTANCE
OF 1208.41' TO A 5/8' IRON ROD SET IN THE SOUTH LINE OF THE PLI INC. TRACT
RECORDED IN VOLUME 88-547, PAGE 635, OF THE OFFICIAL RECORDS OF BRAZORIA
COUNT. TEXAS, MARKING THENORTHWEST CORNER OF HEREIN DESCRIBED. AND
COMMON CORNER OF LOT'S 0, 7, 14 AND 15.
THENCE S. 89'58'48' E. WITH THE COMMON LINE OF LOT 7 AND LOT 8 AND SOUTH
LINE OF THE PLI INC. TRACT A DISTANCE OF 1045.55' TO THE POINT OF BEGINNING OF
HEREIN DESCRIBED TRACT. CONTAINING 29.585 ACRES OF LAND. SUBJECT TO 0. 495
ACRE SITUATED IN AFORESAID WATER AND SEWER EASEMENTS,
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