Ord. 0743 08-26-96ORDINANCE NO. 743
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. R96-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE 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. R96-12,
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 26, 1996, 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. 743
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.
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
2
ORDINANCE NO. 743
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. 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. 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. 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 8. This Ordinance shall become effective upon passage and approval
of its second reading.
3
ORDINANCE NO. 743
PASSED and APPROVED ON FIRST READING this the _Set day of
, A.D., 1996.
ATTEST:
YO C. BENITE
CITY ECRETARY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the fel day
of
ATTEST:
CI
A DA C. BENI EZ
Y SECRETARY
APP;(e VED AS TO FORM:
ES McCULLOUGH
CITY A ORNEY
, A.D., 1996.
4
TOM REID
MAYOR
Exhibit "A"
Leant Description
Said property is situated in Dravida County, Texas and being mare fully
described as
29.90 acres of land being a part of the HTED RR. Co. Survey No. 2 Abstract
542, and the HUB RR. Co. Survey No, 3, Abstract 232, end being apportion of
Lots 64-A and 65 of the lychliaski Subdivision, and being more particulary
described as follows:
BEGINNING at a concrete monument set at the intersection of the South line of
Lot 64 of the aforementioned Zychlin,ki Subdivision with the West right of way
of State Highway No. 35;
THENCE South 89 deg. 59 min. West a distance of 2098.73 feet to a concrete
monument sat for the Southwest corner of the herein described tract on the
Easterly right of way line of the C.C.& S.F. Railroad;
THENCE North 13 des. 45 sin. Most, *long the Easterly right of way line of
said Railroad, a distance of 617.4 feet to an iron rod marking the Northwest
corner of the herein desribed tract, from which another iron rod set at the
Norhhwest corner of a 35.123 acre tract described in instrument recorded in
Volume 490, Page 505, Deed Records of Brazoria County, Texas, bears North 13
deg. 45 min. West 102,9 feet;
THENCE Esse along fence a distance of 2246.9 feet to an iron rod marking the
Northeast corner of the heroin described tract on the West right of way line of
State Highway 35;
THENCE South G0 deg. 07 min. 45 sec. West, along said right of:vay line distance
of 599.12 feet to the PLACE OF BEGINNING end containing 29.90 acres land.
1