Ord. 1473 2012-12-10ORDINANCE NO. 1473
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. R2011-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #23),
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; 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. R2011-12, 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 November 12, 2012 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,
ORDINANCE NO. 1473
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 shown in Exhibits "A" and "B" attached hereto and made a part hereof for all
purposes, to be known as Reinvestment Zone #23.
Section 2. That the area described in Exhibits "A" and "B" 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 Tax
2
ORDINANCE NO. 1473
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. Effective Date. This Ordinance shall become effective upon passage
and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the 10th day of December, A.D.,
2012.
TOM REID
MAYOR
3
ORDINANCE NO. 1473
ATTEST:
YO
CI SEC'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 10th day of
December, A. D., 2012.
ATTEST:
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SEC'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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