Ord. 1496 2013-12-16 ORDINANCE NO. 1496
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. R2013-14; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE#25),
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. R2013-14, 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 December 9, 2013 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. 1496
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 #25.
Section 2. That the area described in Exhibits "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 Tax
2
ORDINANCE NO. 1496
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 9th day of December, A.D., 2013.
TOM REID
MAYOR
3
ORDINANCE NO. 1496
ATTEST:
Yi NG Asi; 'FI /
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Y SIr'ETAR ;`
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 16th day of
December, A. D., 2013.
TOM REID
MAYOR
ATTEST:
!ONG f) "11""I G I
A
``+IrlllrlhHrinn,HrV••,,
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
4
METES AND BOUNDS DESCRIPTION ORDINANCE NO. 1496
11.0139 ACRES Exhibit "A"
LOCATED IN THE
JAMES HAMILTON SURVEY,A-876
HARRIS COUNTY,TEXAS
Being a tract or parcel of land containing 11.0139 acres of land or 479,764 square feet, located in the
James Hamilton Survey,Abstract 876, Harris County,Texas, Said 11.0139 acre tract being out of and a
part of a 18.065 acre tract of record in the name of Spectrum 86 Partners,L.P. in Harris County Clerk's
File (H.C.C.F.) Number 20060169567, said 11.0139 acre tract being out of and a part of Lots 55, 55-
1/2, 56 and 56-1/2, Block "F" of the Allison-Richey Gulf Coast Homes Subdivision of record in
Volume 3, Page 40 in the Map Records of Harris County (H.C.M.R.), Texas; Said 11.0139 acre tract
being more particularly described as follows (bearings based on said deed):
BEGINNING at a 5/8 inch iron rod found for the southwest corner of aforesaid 18.065 acre tract,
being the northwest corner of a called 0.6680 acre tract dedicated to the public for Right-of-Way
(R.O.W.) purposes in Film Code Number 640056, H.C.M.R., and being on the east R.O.W. line of
Kirby Drive (width varies);
THENCE, coincident the west line of aforesaid 18.065 acre tract and the east R.O.W. line of
aforesaid Kirby Drive, the following three (3) courses:
1. North 02 degrees 17 minutes 03 seconds West, a distance of 187.52 feet to a 5/8 inch
iron rod found;
2. North 07 degrees 28 minutes 43 seconds West, a distance of 165.68 feet to a 5/8 inch
iron rod found;
3. North 02 degrees 17 minutes 03 seconds West, a distance of 114.41 feet to a 5/8 inch
iron rod with"Gruller" cap set for the northwest corner of the herein described tract;
THENCE, through and across aforesaid 18.065 acre tract, North 87 degrees 25 minutes 57 seconds
East, a distance of 1,036.43 feet to a 5/8 inch iron rod with "Gruller" cap set for the northeast corner
of the herein described tract,being on the west line of a called 3.525 acre tract of record in the name of
the City of Pearland in H.C.C.F. Number Y173146;
THENCE, coincident the east line of aforesaid 18.065 acre tract and the west line of aforesaid 3.525
acre tract, South 02 degrees 10 minutes 59 seconds East, a distance of 467.00 feet to a 5/8 inch iron
rod found for the southeast corner of said 18.065 acre tract, being the southwest corner of said 3.525
acre tract and being on the north line of a called 2.500 acre tract of record in the name of Susie M.
Lorance in H.C.C.F. No.X977828;
THENCE, coincident the south line of aforesaid 18.065 acre tract and the north line of both
aforesaid 2.500 acre tract and aforesaid 0.6680 acre R.O.W.,respectively, South 87 degrees 25 minutes
57 seconds West, a distance of 1,020.61 feet to the POINT OF BEGINNING and containing
11.0139 acres of land.
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