HomeMy WebLinkAboutOrdinanceORDINANCE NO, 2328
AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE
NUNMER NINE () FOR COMI+dERCIAL TAX ABATEMENT AS PROVIDED IN THE
PROPERTY RED VELOPly ; AND TAX ABATEMENT ACT, ESTABLISHING
THE NUMBER OF YHARS FOR TIM DISTRICT; AUTHORIZING A 1998
AGREEMM4T TO EXENVT FROM TAXATION THE INCREAS13 IN VALUE OF THE
PROPERTY IN ORDER TO ENCOURAGE DEVELOPMENT AND
REDEVELOPMENT AND OTHER MATTERS RELATING THERETO; PROVIDING
A SAVINGS CLAUSE; FINDING AND DETERM [NING THAT THE MEETING AT
WMCH THIS ORDINANC IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW.
WHEREAS, the City Council of the City of College Station, Texas, (the "City") desires to
encourage supervised improvement by property owners through tax abatement procedures
within its jurisdiction by the creation of a reinvestment zone as authorised by the Paop1z
RFmH81.ausmr ANr) T Ax ABATENmN T Acr, TaxAs T Ax CME, CHAPM 312, as
amended (the "Act "); and
WH REAS a public hearing was scheduled for Thursday, May 14, 1998. at 7;00 p.m. to
receive eommetrta concerning the designation of proposed Reinvestment Zone Number Nine
2 9), Notice of such hearing was published on Wednesday, May b, 1998, in the Bryan
ollege Station Eagle newspaper, and an Tuesday, taking 6, 1998, notice was mailed, first -
class, postage re-paid to the presiding officers of all units within the jurisdiction of
the proposed Unveetment Zone, both such dates being not later than the seventh day
before the date of the scheduled public hearing; and
ViREREAS, the City called a p ublic, hearing and published notice of such public hearing as
required by Section 312.20 of the Act; and has given written notice to all t units
within the Jurisdiction of the proposed Reinvestment Zone Number Min ) for
Commercial Tax Abatement; and
WHEREAS, at said public hearing the City presented evidence that such proposed designa-
tion would be reasonably likely to contribute to the retention or wgxn of pOrururry
empleyntant Or to attract major investment in the zone that would be a benefit to the prop-
erty and that would contribute to the economic development of the City; and
WHEREAS, the City at such public hearing invited any interested person or his attorney to
apgaar and contend ibr or against the creation of the rainv�ent zone; the boundaries of
the pptoposed reinvestment zone, whether all or part of the territory that is described as:
60.SI and
Tmet, J,W, Scott Survey A-49, College Station, Brazos County, Texas, should
be included in such proposed reinvestment zone, and th¢ concept of tax abatement; and
W1IMAS at such hearing rewmmendations were given as to the number of years the
district w" be designated, the number of years, in which an agreement would be available,
as well as the percentage of tax exemption to be applied to the taxable real property that is
redeveloped; and
WHEREAS, the designation of the propowd reinvestment none is cansiatcnt with the City's
guidelines for such zones as set lbrth in the City's "Economic. Development Policy and
Ineeativea" document, first adopted by Council minute order on the 23rd day of January,
1991, and readopted by Council minute order on October 12, 1995. and on October 9,
1997, and will benefit the land included within the proposed reinvestment zone after the
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Ordinance No. 2328 pap 2
expiration of the written agreernent with the proposed developer of the property within the
reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF
COLLEGE STATION:
That the fkts and recitations contained in the preamble of this ordinance are hereby fund
and declared to be true and correct and are incorporated herein fbr all purposes.
LE.
That the City, after eonduotiq such a hearing and bavh% further studied recommendations,
as weft as the evidence presented at the public hearrrt& has made the following findings
based on the evidence and the testimony presented to the City:
(a) T hat
u nder the � p b hcable n rovisi o of the Act has been r�etrmant mops
called, he . and conducted, and that the notice of such heeari�n notic
been publi;6d as required by law and has been mailed to the resspea
tiva taxing units within the proposed reinvestment zone; and
(b) That the City has jurisdiction to hold and conduct said public hearing
on the creation of the proposed reinvestment zone pursuant to the
Act; and
(c) That creation of the proposed reinvestment zone with boundaries
described ~within the subdivision will result in improvernents,, made
after May 14, 1998, that are feasible and practical and wilt benefit the
City, its residents and property owners in the reinvestment tune; and
(d) That the proposed designation will be reasonably likely to contribute
to the retention or expansion cf primary emp loyment or to attract
ZZ or investments to the zone that would be a benefit to the property
tea economic development of the City.
!I
That the City hereby creates Reinvestment Zone Number Ifiino (9) and its boundaries are
those described and depicted in Exhibit "A" and such reinvestment zone sball bau ter be
identified as Reinvestment Zone Number Nine (9) for Con niercial Tax Abatement, City of
College Station, Texas.
r'V.
That the designation of Reinvestment Zone Number Nine (9) fbr Commercial Tax
Abatement shall expire five (5) years ffom the ditto ofthis ordinance,
tay +'A+P�/�*�P^i��a+boaanofaYvi�wf doc
OWN
Ordinance No. 2326
V.
Page 3
That, as provided in the Act, a written agreement with the owner of taxable real property
located within the reinvestment zone shall be for a period of four (4) years and that the
taxable real property that is subject to the above - mentioned exemption from taxation shall
be the total moreasa in value of the land and improvements over their value in 1998. In
consideration for the owner making specified improvements to the property, a written
agreement shall provide for an exem ption from taxation of this total increase to value of the
rp open over its value in 1999 in decreasing percentages as set tmrth in that agraernent.
The wntten agreement will require that all taxes be current at the time of execution of the
agreement and be kept current to all taxing entities during the term of said agreement.
Vl.
That acid designation of reinvestment Zone Plumber Nine (9 for Commercial Tax Abate-
meat and the written agreement are in accordance with the City of College Station Policy
for Tax Abatements and will be a benefit to the land that will be included within the re-
investment zoate and to the City of College Station after expiration of the agreement with
the owner of the property.
Vii.
That if any provision of this ordinance is hold to be Invalid or unconstitutional, the remain-
der of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part of it.
VIII.
That it is hereby fbund and determined that the meeting at which this ordinance is sed is
o to the public as required by law and that public notice of the time, place, and purpose
of said meet 11 tg was given as required.
IX.
This ordinance shall become effective and be in full force and effect from and after its
passage and approval by the College Station City Council and duly attested by the Mayor
and City Sacretary,
PASRED, ADOPTED and APPROVED this A th day of MAY , 1999.
APPROVED:
ATTEST: U_rd A..ti. ,
mayoa Lynn inciUmmey r
1: City eLretary
ra7ru:,�raxp�l�wnA 6U- MrXV".*o
It
CSL of Texas, Inc.
60.51 Acre Tract
J.W. Scott Survey A-49
College Station, Brazos, County Taxes
Field notes of a 6o.51 acre tract or parcel of land, Fong and being situated In the
J.W. 6coft Survey, Abstract No. 49, College Station, Brazos County. Texas, and being
elf of the 25.00 acre tract described in the dead from Texas Instruments Incorporated
to Bryan Cocci -Cote Bottling Company recorded in Volume 2730, Page Be, of the
Official Records of Brazos County, Texas, and being part of the 167.64 arse tract
described in the dead from Texas Instruments Incorporated to CSL of Taxes Inc.,
recorded In Volume 2730, Page 82, of the Officlel Records of Brazos County, Texas,
and being more particularly described as follows:
BEGINNING at the K" Iron rod found at an t3" creosote post fence corner
marking the north corner of the beforementioned 250.00 acre tract in the southeast
right-of -way line of Farm to Market Road No, 150. (170' right -of -way) same being the
occupied west corner of the Peters, at all - called 48,19 acre tract as recorded In
Volume 223, Page 112, of the Dead Records of Brazos County, Texas;
THENCE along the common cocupled line between the beforementloned
250.000 arse tract and the bftrementloned 46.19 acre tract, with an old fence line, as
follows:
S 53° 39'04" E
fora distance of 119.53 feet to a W" Iron rod set at an angle
point comer, from which a 4" cedar post bears N 23° 15' 08
E -1.2 feet, and a 20" post oak tree fence angle point bases
S 51' 15'48" E -18.3 feet;
S 46* 08'49" E
for a distance of 162.98 feet to a 27" post oak tree fence
angle point;
8 43' 17'5W E
for a distance 128.28 feat to a "A" iron rod set for angle point
corner, from which a 20" post flak tree fence angle point
bears N 45 ' 08'29" W - 9.0 feet:
8 44 31' 15" E
1269,44 feet to a IN' Iron rod found at cross - defence comer
marking the south comer of the said 46.19 acre tract;
S 44 59' 40" E
along the common line between the said 250.00 acre tract
and the 2.00 acre tract described In the deed to EA Harte
recorded in Volume 507, Page 5$6, of the Dead Reoords
Of Brazos County, Texas. for a distance of 384.38 feat to a
'!" iron rod set;
EXHIBIT "A"
mny PIUMMI U AND SURYEYfNO
!RYAN, MAS
THENCE S 44 44" W 1510.34 feet to a W iron rod set in the northeast
right- of-way line of a proposed 70' right -of -way, some being a curve Concave to the
southeast, having a radius of 1030,42 feet;
THENCE along the northeast right -of -way line of the proposed 70' right-of-way
as follows:
Northwesterly for an are length of 54.69 feet to a W 1 iron rod set at a point of
reverse curve having a radius of 1100.42 feet; the chord N 15.42' 22" W
54.68 feet;
Northwesterly for an acre length of 604.07 feet to a X" iron rod set at the and
of the curve, the chord bears N 29 0 54' 42" W 586.51 feet;
N 45° 36' 1&'W 1319.01 feet to s'W iron rod set in the southeast right -of -pray
line of Farm to Market Road No, 60;
Thence N 44' 16 21" E along tha southeast right- of-way tins of Farm to Market
Road No, 60 for a distance of 1338.18 feet to the PLACE OF BEGINNING containing
60.61 acres of land more or less.
OF urveyed F
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by' U.M. ' ing
u
FOU41BIT "A"
RLINU ENQINE9RINCI ANO SURVEYING
BRYAN TEIFAG
f�i� �A
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A NNW 4I5TRISUTION FACILITY FOR II f
aotiesae IstslvN rer.i
EXHIBIT "A"
CSL of Texas, Inc.
60.51 Acra Tract
J, W. Scott Survey A-49
College Station, Brazos, County Texas
Field notes of a 60.51 was tract or parcel of land, long and being situated in the
J.W. Scott Survey, Abstract Ho. 49, College Station, Brazos County, Taxes, and being
all of the 25.00 acre tract described In the deed from Texas Instruments Inoorporated
to Bryan Coca -Cola Bottling Company recorded in Volume 2730, Page 86, of the
Official Records of Brazos County, Texas, and being pert of the 167.84 acre tract
described In the deed from Taxes Instruments incorporated to CSL of Texas Inc.,
recorded in Volume 2730, Page 82, of the Official Records of Brazes County, Taxes,
and being more particularly described as follows;
BEGINNING at the W' Iron rod found at an W creosote post fence comer
marking the north Homer of the beforementloned 250.00 acre tract in the southeast
right -cf -way iirte of Farm to Marko! Road No. 60, (120' right-of -%W) same being the
occupied west comer of the Peters, et all - called 48.19 acre tract as recorded In
Volume 223, Page 112, of the Deed Records of Brazos County, Texas;
THENCE along the Gammon occupled line between the beforementioned
250.00D acre tract and the bef nmentioned 46.19 acre tract, with an old fence line, ai
follows:
S 53' 39' 04" E for a distance of 119.53 Net to a W Iron rod set at an angle
point comet, from which a V cedar post bears N 2.3° 16' L9
E - 1.2 feat, and a 20" post oak tree form angfe point beers:
S 51' 15' 46" E -18.3 feet;
8 48° 08'49" E for a distance of 182.95 feet to a 27" post oak tree fence
angle point;
S 43. 17' 68" E for a d stance 128,28 feet to a W iron rod set for angle point
corner, from � w e hich a 20" post oak tree fenos angle point
beers N 45 29 W - 9.0 feet;
S 44 31' 15" E 1269.44 feet to a W Iron rod found at cross-tis fence comer
marking the south corner of the said 48.19 acre tract;
S 44° 59' 40" E along the common line between the said 258.00 acre tract
and the 2.00 a" trap described In the deed to E.H. Harts
recorded In Volume 507, Pege 588, of the Deed Records
of Brame County, Texas, for a distance of 264.88 feet to a
1d" Iron rod set;
F - v i - f - fiq N
Kmw eNQjNMRMM AND a1JRVYYrN0
WAN. rRus
THENCE 8 44 21' +44" W 1510.30 feet to a W' Iron rod set In the northeast
right- of-way line of a proposed 70' right-of-way, same being a curve concave to the
southeast, having a Mdlus of 1030.42 feet;
THENCE along the northeast right -0f -way line of the proposed 70' right- of-way
as follows:
Northwesterly for an arc Jength of 54,89 Beet to a W' iron rod set at a point of
reverse curve having a radius of 1100.42 feet; the chord N 15 42' 22" W
54.69 feet;
Northwesterly for an acre length of 604.07 feet to a W Iron rod set at the end
of the curve, the chord be®rs N 29° 54 W 596.61 feet;
N 45 . 38' il3" W 1319.41 feet to a W' iron rod set in the southeast right -f-Way
line of Farm to Market Road No. 60;
Thence N 44 15' 21" E along the southeast right -d-way line of Farm to Market
Road No. 00 for a distance of 1339.10 feet to the PLACE OF BEGINNING containing
60.51 acres of land more of less,
rveyePF
by .M.
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05—)95
ORDINANCE N0. 340 7___
AN ORDINANCE REPEALING ORDINANCE Na 7323 WHT " CREATED
REZVESTMENT ZONE NUMBER NINE (9) FOR COMMERCIAL TAX ABATEMENT
AND AUT1HOR11ZED AN AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT BETWEEN THE CITY OF COLLEGE STATION AND CSL OF TEXAN.
INC., TO EXEMPT FROM TAXATION THE INCREASE IN VALIM OF TEL
PROPERTY LOCATED WITHIN THE BOUNDARIES OF REINVESTMENT ZONE
NUMER NINE (9) IN ORDER TO ENCOURAGE DEVELOPMENT AND
REDEVELOPMENT AND OTHER MATTERS RELATING THERETO.
WHEREAS, an May 14, 1998, the City Council approved Ordinance No. 2329 creating
Reimestment Zone Number Nine (9);
WHEREAS, the City of College Station and CSL of Texas. Inc. entered into an Agremmat 1br
Development and Tax Abatement (hereinafter ref4erred to as °Agmement ") with an effbcdre date
of June 10, 1999;
WHEREAS, the improvements required by the Agreement on the 60,51 acre tract or parcel of
Ind Iocated within the area designated as Reinvestment Zone Number Nine (9) were never
initiated by CSL of Texas, Inc,;
WHEREAS, pursuant to Paragraph 20(h) of the Agreement, "a change in ownership in a single
transaotion of fifty -one percent (51%) of the stock... or the transfer of ownership ... at>all be
considered an asaignment ..... [and] [a]n assignment as prohibited.... shall cause this Agreement to
terminate immediately and the exemption from taxation... shall oease;°
WHEMAS, Coca -Cola Enterprises, Inc. acquired all of the smock of CSL of Texas, Inc.
pursuant to a merger agreement effective January 1, 1999; and
WHEREAS, in compliance with Paragraph 20(h) of the Agreement, the Agreement has been
terminated as a result of the merger between CSL of Texas, Inc. and Coca -Cole Enterprise% Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION:
L
CSL of Teams, Inc has merged with Coca -Cola Ent Mrises, Inc, and pursuant to Paragraph 20(h)
of the Agreement; Coda -COIe has requested that the Agreement be terminated.
dahl� 1�roYpli�vi�prrprcnmaa+a�ra ~r*oLdw
712W9
Ordinance No. 2407
Page 2
M
That the City hereby dissolves Reinveitment Zone Number Nine (9) and its boundaries as
described in Ordln=e No. 2328, and the ordinance seating said Zone and authadzing a tax
abatement is hereby repealed and shall be mull and void and have no farther force and effete.
PASSED, ADOPTED ens] APPROVED this 26th day o f A uatr $T , 1999.
APPROVED;
AT'TES'T;
Connie Hooks, City Secretary
APPROVED:
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Tl3d199