Ord. 0968 05-08-00ORDINANCE NO. 968
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 #11),
IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BEABENEFITTOTHE 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 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,
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ORDINANCE NO. 968
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 #11.
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
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ORDINANCE NO. 968
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.
.ccn„
TOM REID
MAYOR
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ORDINANCE NO. 968
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th
day of May
ATTEST:
APPROVED AS TO FORM:
A
, A.D., 2000.
DARRIN M. COKER
CITY ATTORNEY
MAYOR
4
Apr—la-00 O8:51A G.L. DAVIS & CO.
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Z81 482 1Z94
P. 02
EXHIBIT
METES AND BOUNDS DESCRIPTION
9.9139 ACRES BEING ALL OF LOT 28
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDMSION
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 9.9139 acres being all of Lot 28 Allison Richey Gulf Coast Home
Company's Subdivision part of Uie Suburban Gardens Subdivision, Section 9, H.T. & B.
RR Company Survey, Abstract - 234 Peariand, Brazoria County, Texas according to the
plat thereof filed in Volume 2, Page 23 and 24 Bram%a County Plat Records and being
that same tract of Land described in a deed dated 7-25-1995 from James B. Huddleston
to Metallurgical Technologies, Inc. as filed in Official Records of Real Property of
8razorla County at Clerk's File Number 95-024345 and being more particularly described
by metes and bounds as follows;
Beginning at a found 1" iron pipe marking the northeast corner of said Lot 28;
Thence South - 436.65' (base bearing) (deed 437.00') with the common line of saki Lot
28 and Lot 60 to a set 5/8" iron rod with cap for corner;
Thence N 89° 35' 19" W (deed N 89° 42' 00" W) with the south line of said Lot 28 and
the north line of Lot 29 passing at 959.70' a set S/8" iron rod with rap marking the east
right-of-way line of County Road 108 (Max Road) and continuing a total distance of
989.70' to a point for corner;
Thence N 00° 10' 38" E - 436.64' (deed 437.00') with the west line of said Lot 28 and
the centerline of County Road 108 to a point for corner;
Thence S 89° 35' 19" E with the north line of said Lot 28 and the south line of Lot 27
passing at 30.00' a found 1" iron pipe marking the east right-of-way line of County
Road 108 and continuing a total distance of 988.35' (deed 989.401) to the POINT OF
BEGINNING and containing 9.9139 acres (431,847 square feet) of land more or less.
Compiled by:
C.L. Davis & Company
Job Number: 11-679
01/05/00
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