HomeMy WebLinkAbout1998-2328 - Ordinance - 05/14/1998ORDINANCE NO. 2328
AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE
NUMBER NINE (9) FOR COMMERCIAL TAX ABATEMENT AS PROVIDED IN THE
PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; ESTABLISHING
THE NUMBER OF YEARS FOR THE DISTRICT; AUTHORIZING A 1998
AGREEMENT TO EXEMPT FROM TAXATION THE INCREASE IN VALUE OF THE
PROPERTY IN ORDER TO ENCOURAGE DEVELOPMENT AND
REDEVELOPMENT AND OTHER MATTERS RELATING THERETO; PROVIDING
A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE 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 authorized by the PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT, TEXAS TAX CODE, CHAPTER 312, as
amended (the "Act"); and
WHEREAS a public hearing was scheduled for Thursday, May 14, 1998, at 7:00 p.m. to
receive comments concerning the designation of proposed Reinvestment Zone Number Nine
(9). Notice of such heating was published on Wednesday, May 6, 1998, in the Bryan-
College Station Eagle newspaper, and on Tuesday, May 5, 1998, notice was mailed, first-
class, postage pre-paid to the presiding officers of all taxing units within the jurisdiction of
the proposed Reinvestment Zone, both such dates being not later than the seventh day
before the date of the scheduled public hearing; and
WHEREAS, the City called a public heating and published notice of such public hearing as
required by Section 312.201(d) of the Act; and has given written notice to all taxing units
within the jurisdiction of the proposed Reinvestment Zone Number Nine (9) 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 expansion of primary
employment 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
appear and contend for or against the creation of the reinvestment zone; the boundaries of
the proposed reinvestment zone, whether all or part of the territory that is described as:
60.51 Acre Tract, J.W. Scott Survey A-49, College Station, Brazos County, Texas, should
be included in such proposed reinvestment zone, and the concept of tax abatement; and
WHEREAS, at such heating recommendations were given as to the number of years the
district would 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 proposed reinvestment zone is consistent with the City's
guidelines for such zones as set forth in the City's "Economic Development Policy and
Incentives" document, first adopted by Council minute order on the 23rd day of January,
1991, and re-adopted 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 Page 2
expiration of the written agreement with the proposed developer of the property within the
reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION:
That the facts and recitations contained in the preamble of this ordinance are hereby found
and declared to be true and correct and are incorporated herein for all purposes.
II.
That the City, after conducting such a heating and having further studied recommendations,
as well as the evidence presented at the public heating, has made the following findings
based on the evidence and the testimony presented to the City:
(a)
That the public heating on the adoption of the reinvestment zone
under the applicable provisions of the Act has been properly noticed,
called, held, and conducted, and that the notice of such hearing has
been published as required by law and has been mailed to the respec-
tive taxing units within the proposed reinvestment zone; and
Co)
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 improvements, made
after May 14, 1998, that are feasible and practical and will benefit the
City, its residents and property owners in the reinvestment zone; and
(d)
That the proposed designation will be reasonably likely to contribute
to the retention or expansion of primary employment or to attract
major investments to the zone that would be a benefit to the property
and to economic development of the City.
III.
That the City hereby creates Reinvestment Zone Number Nine (9) and its boundaries are
those described and depicted in Exhibit "A" and such reinvestment zone shall hereafter be
identified as Reinvestment Zone Number Nine (9) for Commercial Tax Abatement, City of
College Station, Texas.
IV.
That the designation of Reinvestment Zone Number Nine (9) for Commercial Tax
Abatement shall expire five (5) years from the date of this ordinance.
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Ordinance No. 2328 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 increase 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 exemption from taxation of this total increase in value of the
property over its value in 1998 in decreasing percentages as set forth in that agreement.
The written 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.
That said designation of Reinvestment Zone Number Nine (9) for Commercial Tax Abate-
ment 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 zone and to the City of College Station after expiration of the agreement with
the owner of the property.
That if any provision of this ordinance is held 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.
That it is hereby found and determined that the meeting at which this ordinance is passed is
open to the public as required by law and that public notice of the time, place, and purpose
of said meeting was given as required.
IX.
This ordinance shall become effective and be in full force and effect from and at, er its
passage and approval by the College Station City Council and duly attested by the Mayor
and City Secretary.
PASSED, ADOPTED and APPROVED this ~4th day of MAY
,1998.
APPROVED:
ATTEST:
Conni~ 1-Rinks. City ~q~retary
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CSL of Texas, Inc.
60.51 Acre Tract
J.W. Scott Survey A-49
College Station, Brazos, County Texas
Field notes of a 60.51 acre tract or parcel of land, lying and being situated in the
J.W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being
all of the 25.00 acre tract described in the deed from Texas Instruments Incorporated
to Bryan Coca-Cola Bottling Company recorded in Volume 2730, Page 86, of the
Official Records of Brazos County, Texas, and being part of the 167.64 acre tract
described in the deed from Texas Instruments Incorporated to CSL of Texas Inc.,
recorded in Volume 2730, Page 82, of the Official Records of Brazos County, Texas,
and being more particularly described as follows:
BEGINNING at the ½" iron rod found at an 8" creosote post fence comer
marking the north corner of the beforementioned 250.00 acre tract in the southeast
right-of-way line of Farm to Market Road No. 60, (120' right-of-way) same being the
occupied west comer of the Peters, et ali - called 46.19 acre tract as recorded in
Volume 223, Page 112, of the Deed Records of Brazos County, Texas;
THENCE along the common occupied line between the beforementioned
250.000 acre tract and the beforementioned 46.19 acre tract, with an old fence line, as
follows:
S 53° 39' O4" E
S 46° 08' 49" E
S 43° 17' 58" E
S 44° 31' 15"E
S 44° 59' 40" E
for a distance of 119.53 feet to a %" 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 bears
S 51 ° 15' 46" E - 18.3 feet;
for a distance of 162.98 feet to a 27" post oak tree fence
angle point;
for a distance 128.28 feet to a %" iron rod set for angle point
corner, from which a 20" post oak tree fence angle point
bears N 45° 08' 29" W - 9.0 feet;
1269.44 feet to a %" iron rod found at cross-tie fence comer
marking the south corner of the said 46.19 acre tract;
along the common line between the said 250.00 acre tract
and the 2.00 acre tract described in the deed to E.H. Harte
recorded in Volume 507, Page 568, of the Deed Records
of Brazos County, Texas, for a distance of 264.38 feet to a
%" iron rod set;
EXHIBIT "A"
KLING ENGINEERING AND SURVEYING
BRYAN. TEXAS
THENCE S 44° 21' 44" W 1510.30 feet to a ½" 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 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 arc length of 54.69 feet to a ½" 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 ½" iron rod set at the end
of the curve, the chord bears N 29° 54' 42" W 596.51 feet;
N 45° 38' 16"W 1319.01 feet to a ½" iron rod set in the southeast right-of-way
line of Farm to Market Road No. 60;
Thence N 44° 15' 21" E along the southeast right-of-way line of Farm to Market
Road No. 60 for a distance of 1336.18 feet to the PLACE OF BEGINNING containing
60.51 acres of land more or less.
_,.S__urveyed F..ebr-u~ry 1998
by S.M. Kling ~
EXHIBIT "A"
KLING ENGINEERING AND SURVEYING
BRYAN TEXAS
\
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A NEW DISTRIBUTION FACILITY FOR
BRYAN COCA COLA
COLI. EGIl' STATION TEXAS
EXHIBIT "A"
CSL of Texas, Inc.
60.51 Acre Tract
J.W. Scott Survey A-49
College Station, Brazos, County Texas
Field notes of a 60.51 acre tract or parcel of land, lying and being situated in the
J.W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being
all of the 25.00 acre tract described in the deed from Texas Instruments Incorporated
to Bryan Coca-Cola Bottling Company recorded in Volume 2730, Page 86, of the
Official Records of Brazos County, Texas, and being part of the 167.64 acre tract
described in the deed from Texas Instruments Incorporated to CSL of Texas Inc.,
recorded in Volume 2730, Page 82, of the Official Records of Brazos County, Texas,
and being more particularly described as follows:
BEGINNING at the ½" iron rod found at an 8" creosote post fence comer
marking the north comer of the beforementioned 250.00 acre tract in the southeast
right-of-way line of Farm to Market Road No. 60, (120' right-of-way) same being the
occupied west comer of the Peters, et ali - called 46.19 acre tract as recorded in
Volume 223, Page 112, of the Deed Records of Brazos County, Texas;
THENCE along the common occupied line between the beforementioned
250.000 acre tract and the beforementioned 46.19 acre tract, with an old fence line, as
follows:
S 53° 39' 04" E
S 46° 08' 49" E
S 43° 17' 58" E
S 44° 31° 15" E
S 44° 59' 40" E
for a distance of 119.53 feet to a ½" iron rod set at an angle
point comer, from which a 4" cedar post beare N 23° 15' 08"
E - 1.2 feet, and a 20" post oak tree fence angle point bears
S 51° 15' 46" E - 18.3 feet;
for a distance of 162.98 feet to a 27" post oak tree fence
angle point;
for a distance 128.28 feet to a ½" iron rod set for angle point
corner, from which a 20" post oak tree fence angle point
bears N 45° 08' 29" W - 9.0 feet;
1269.44 feet to a ½" iron rod found at cross-tie fence comer
marking the south comer of the said 46.19 acre tract;
along the common line between the said 250.00 acre tract
and the 2.00 acre tract described in the deed to E.H. Harte
recorded in Volume 507, Page 568, of the Deed Records
of Brazos County, Texas, for a distance of 264.38 feet to a
½" iron rod set;
KUNG ENGINEERING AND SURVEYING
ORYAN. TEXAS
THENCE S 44° 21' 44" W 1510.30 feet to a ½" 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 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 arc length of 54.69 feet to a ½" 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 ½" iron rod set at the end
of the curve, the chord bears N 29° 54' 42" W 596.51 feet;
N 45° 38' 16" W 1319.01 feet to a ½" iron rod set in the southeast right-of-way
line of Farm to Market Road No. 60;
Thence N 44° 15' 21" E along the southeast right-of-way line of Farm to Market
Road No. 60 for a distance of 1336.18 feet to the PLACE OF BEGINNING containing
60.51 acres of land more or less.
KLING ENGINEERING ANO SURVEYING
BRYAN. TEXAS
A NEW DISTRIBUTION FACILITY FOR
BRYAN COCA COLA
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