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Ord. 1471 2012-11-26 ORDINANCE NO. 1471 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#22), 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. 1471 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 #22. Section 2. That the area described in Exhibit AA@ 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. 1471 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 12th day of November, A.D., 2012. c ynJ ) 2i-4:413 TOM REID MAYOR 3 ORDINANCE NO. 1471 ATTEST: Ltf L� v ~0 • TY S RETAR4' .. <.••aN•N•aaa. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day of November , A. D., 2012. c=a✓N) f�c TOM REID MAYOR ATTEST: / °QsAR. , Y• /NGL• �11 �, TR/ � . sx • SEC P- �- APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 Ord. No. 1471 Exhibit"A" Page 1 of 2 EXHIBIT "A" OWNER:SHT/KIRBY,LTD. JAMES HAMILTON SURVEY,ABSTRACT No 876 HARRIS COUNTY,TEXAS PROPERTY DESCRIPTION Being a 14.087 acre tract of land out of Lots 21, 21-1/2, 28 & 28-1/2, Section F, Allison Richey Gulf Coast Homes Subdivision, an addition to the City of Pearland, Harris & Brazoria County, Texas as recorded in Volume 3, Page 40 of the Map Records of Harris County, Texas, said 14.086 acre tract of land being a portion of a 36.166 acre tract of land (by deed) deeded to SHT/KIRBY, LTD. as recorded in Harris County Clerk's File Number 20080049996 in the Official Public Records of Real Property, Harris County, Texas, said 14.087 acre tract of land being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found in the west line of said 36.166 acre tract of land, said 5/8 inch iron rod being the intersection of the existing north right-of-way line of Spectrum Boulevard (a 100' right-of-way) with the existing east right-of-way line of Hooper Road(a 60'right-of-way); THENCE North 02 degrees 26 minutes 19 seconds West, with the west line of said 36.166 acre tract of land and with the existing east right-of-way line of said Hooper Road, a distance of 982.23 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 87 degrees 36 minutes 13 seconds East, a distance of 569.88 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"set for corner; THENCE South 02 degrees 38 minutes 10 seconds East, a distance of 98.00 feet to a 5/8 inch iron rod with cap stamped"GORRONDONA" set for corner; THENCE North 87 degrees 36 minutes 13 seconds East, a distance of 60.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the northwest corner of an 11.9337 acre tract of land (by deed) deeded to Merit Medical Systems, Inc. as recorded in Harris County Clerk's File Number 20110322713 of said Official Public Records of Real Property, Harris County, Texas, from which a 1 inch iron rod found for an interior ell corner of said 36.166 acre tract of land bears North 02 degrees 38 minutes 10 seconds West,a distance of 60.00 feet; THENCE South 02 degrees 38 minutes 10 seconds East, with the west line of said 11.9337 acre tract of land, a distance of 881.53 feet to a 5/8 inch iron rod with cap stamped "Gruler" found for the southwest corner of said 11.9337 acre tract of land, said 5/8" iron rod with cap stamped "Gruler" being in the existing north right-of-way line of said Spectrum Boulevard; GORRONDONA&ASSOCIATES,INC.• 11710 NORTH FREEWAY,SUITE 700 HOUSTON,TEXAS 77060 • 281-469-3347 FAX 281-419-2506 Page 2 of 2 THENCE South 87 degrees 21 minutes 30 seconds West, with the existing north right-of- way line of said Spectrum Boulevard, a distance of 633.26 feet to the POINT OF BEGINNING and containing 613,612 square feet or 14.087 acres of land, more or less. This property description is accompanied by a separate plat of even date. All bearings are referenced to the Texas State Plane Coordinate System,Central Zone,NAD83. All distances and areas are surface. Date: October 20,2012 "r` G;& • JAMES M. EWING s_ OOOOOOO 0..OOOOO"yaw eb 4892 ,,. °" Jam s M Ewing — O +W` •v�-t >° Regi tered Professional Land Surveyor No.4892 II GORRONDONA&ASSOCIATES,INC.• 11710 NORTH FREEWAY,SUITE 700 HOUSTON,TEXAS 77060 • 281469-3347 FAX 281-419-2506 AFFIDAVIT OF PUBLICATION Ordinance No. 1471 The Pearland Reporter News • 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. J Date /0 /7 20 /Z • . No. Date - 20 No. Date 20 No. Date 20 No. ._ Date 20 CFO Subscribe and sworn to before me this /S day of ect 20._ ___. 1*)tee, LAURA ANN EMMONS / /. , , NOTARY PUBLIC Laura Ann Emmons, Publisher STATE OF TEXAS `rf My Commission Expires 08-09-2014 Notary Public, State of Texas Ordinance No. 1471 Published Oct.17,2012 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 12th day of November,2012,at 6:30 p.m.,the City Council of the City of Pearland, Brazoria,Fort Bend,and Harris Counties, Texas, will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland,Texas,to con- sider the creation of a reinvestment zone in accordance with Section 312.201 of the Tax Code and City of Pearland's Guidelines For Granting Taxing Abatements. At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing, TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at (281) 652-1655, prior to the meeting so that appro- priate arrangements can be made. Ordinance No. 1471 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 3rd day of December, 2012, at 6:30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties,Texas,will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland,Texas,to consider the creation of a reinvestment zone in accordance with Section 312.201 of the Tax Code and City of Pearland's Guidelines For Granting Taxing Abatements. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing, TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at (281) 652-1655, prior to the meeting so that appropriate arrangements can be made. AFFIDAVIT OF PUBLICATION Ordinance No. 1471 The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for _ / issues, as follows: 'No. / Date // 20 /Z No. Date 20 No. Date 20 No. Date 20 No. Date _-- 20 CFO Subscribe and sworn to before me this IS day of 64/• 20- — LAURA ANN EMM STATARTE OF TEXAS r• Commission Ex phis 09-08-2014 c Laura Ann Emmons, Publisher Notary Public, State of Texas Ordinance No. 1471 Published Nov.14,2012 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given LEGALS that on the 3rd day of December,2012,at 6:30 p.m.,the City Council of the City of Pearland, Brazoria,Fort Bend,and Harris Counties, Texas, will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland,Texas,to con- sider the creation of a reinvestment zone in accordance with Section 312.201 of the Tax Code and City of Pearland's Guidelines For Granting Taxing Abatements. At said hearing all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing,TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at (281) 652- 1655, prior to the meet- ing so that appropriate arrangements can be made.