Ord. 0728 05-13-96ORDINANCE NO. 728
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 March 11, 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,
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ORDINANCE NO. 728
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 Peariand, 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
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ORDINANCE NO. 728
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 9. This Ordinance shall become effective upon passage and approval
of its second reading.
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ORDINANCE NO. 728
PASSED and APPROVED ON FIRST READING this the O day of
ATTEST:
• a it
CITY SECRETARY
of
, A.D., 1996.
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
ATTEST:
Y%L NDA C. BENIT' Z
CIT SECRETARY
APP'J VED AS TO FORM:
A Y 0 McCULLOUGH
CITY ATTORNEY
, A.D., 1996.
4
day
TOM REID
MAYOR
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SURVET OF
A 10.2040 ACRE TRACT OR PARCEL CF LAND OUT OF THE EAST 1/2 CF
ELT OR TRACT No. 47 OF THE SUBDIVISION OF SECTIGN 4, H T b B
RR WMPANY SURVEY, ABSTRACT No. 543, IN THE CITY CF FEARLAI:D,
BRAZORIA COUNTY, TEXAS, AND BEING ACRE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at a 5/8 nch iron rod set for the Northeast corner
of this tract in the North line -:f said Lot 47 at the Northwest
corner of a 20 foot strip conveyed to the City of Pear:and for
road purposes recorded in Volume 1390, Page 20 of the Brazoria
County Deed Records, from which a 5/8 inch iron rod in the old
West right of way line of A$ykawa Road (60 feet bide) bears East,
a distance -of 20 feet;
THENCE South along the West line of said 20 foot strip and the
new right of way line of A(ykawa Road, passing a 5/8 inch iron
rod on line located in the South line of a called 7.5 acre tract
recorded in Volume 875, Page 779 'f the Brazoria County Deed
Records at 318.50 feet, a total distance of 322.15 feet to a
5/8 nch iron found for the moat northerly Southeast corner of
this tract and marking the Northeast corner of a 1.250 acre tract;
THENCE N 89. 27' 45" K along the north ine of said 1.250 acre
tract, a distance of 286.31 feet to a 5/8 inch iron rod found
• for an interior corner of this tract and marking the Northwest
corner of said 1.250 acre tract;
THENCE 4 0. 31' 00" is along the Vest line of said 2.250 acre
tract, a distance of 191.38 feet to a 5/8 inch iron rod found
for corner of this tract and marking the Southwest corner of
said 1.250 acre tract located in the South line of a called
4.5 acre tract recorded in Volume 691, Page 213 of the Brazoria
County Deed Records;
TIMCZ West along the South line of said 4.5 acre tract, a dis-
tance of 689.90 feet to a 5/8 inch iron rod found for the South—
west corner oU this tract and said 4.5 acre vrlst, from which
a 2 inch iron pipe marking the Southwest corner of said Lot 47
beari South 123.16 feet to a 1 inch iron pipe and continuing
West a distance of 994.7 feet;
TRE4ICE!nth along the West line of said 4.5 and 7.5 acre tracts,
passing a 13 inch iron pipe on line at 192.34 feet, in all a
total distance of 510.84 feet to a Ninth iron pipe found for
the Northwest corner of this tract and said 7.5 acre tract;
THENCE East along the North line of said 7.5 acre tract and
said Lot 47, a distance of 976.70 feet to the PLACE OF BEGINNING
and containing 10.2040 acres of land, more or leas.
Office of
V. K. BERKSTRESSER
Consulting Engineer
Houston, Texas 77023
644 0219
STATE OF TEXAS
OFFICE OF THE CITY SECRETARY
CITY OF PEARLAND, TEXAS
TO: GLEN ERWIN pm: 5-20-96
INTERIM P.E.D.C. DIRECTOR
At the City Council meeting held on MAY 13, 1996
the following matter was referred to you for appropriate disposal
or for specific action as indicated below:
ORDINANCE NO. 728 - GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT
Documents Attached:
ORDINANCE NO. 728
CC: JIMMY CAUSEY, FINANCE DIRECTOR
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