HomeMy WebLinkAbout1991-1886 - Ordinance - 03/28/1991ORDINANCE NO. 1886
AN ORDINANCE DESIGNATING A CERTAIN A~EA AS REINVESTMENT ZONE
NUMBER ONE FOR COMMERCIAL TAX ABATEMENT AS PROVIDED IN THE PROP-
ERTY REDEVELOPMENT AND TAX ABATEMENT ACT; ESTABLISHING THE NUMBER
OF YEARS FOR THE DISTRICT; AUTHORIZING 1991 AGREEMENT TO EXEMPT
FROM TAXATION THE INCREASE IN VALUE OF THE PROPERTY IN ORDER TO
ENCOURAGE DEVELOPMENT AND REDEVELOPMENT AND OTHER HATTERS
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,
("City") desires to encourage supervised improvements 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 Codes
Annotated §312 (Supplement 1988), as amended ("Act"); and
WHEREAS, on the 27th day of Feh~,,~v , 19 91, the
City Council set a public hearing for Th%rsday, March 28, 1991,
at 7:00 p.m. to receive comments concerning the designation of
proposed Reinvestment Zone Number One. The notice of such
hearing was published 20th , such date being not later than
the seventh day before the date of the public hearing; and
WHEREAS, the City called a public hearing and published notice of
such public hearing as required by Section 312.202 of the Act;
and has given written notice to all taxing units within the
jurisdiction of the proposed Reinvestment Zone Number One for
Commercial Tax Abatement; and
WHEREAS, at said public hearing the City presented evidence that
such proposed designation would be reasonably likely to con-
tribute to the retention or expansion of primary employment or to
attract major investment in the zone that would be a benefit to
the property and that would contribute to the economic develop-
ment 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 which is
phase II of the development located at 900 Southwest Parkway,
also referred to as Lot 1, Block 7 of the Southwest Crossing
Phase 3 Subdivision, should be included in such proposed
reinvestment zone, and the concept of tax abatement; and
Ordinance No. 1886 Page 2
WHEREAS, at such hearing 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 taxable real prop-
erty which is redeveloped~ and
WHEREAS, the designation of the proposed reinvestment zone is
consistent with the City's Policies adopted by Council minute
order on the 23rd day of January, 1991, and will benefit the land
included within the Reinvestment Zone after the expiration of the
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS~
Section 1.
Section 2.
That the facts and recitations contained in the
preambles of this ordinance are hereby found and
declared to be true and correct and are incorpo-
rated herein for all purposes.
That the City, after conducting such hearing
having further studied recommendations, as well as
the evidence presented at the public hearing, has
made the following findings based on the evidence
and testimony presented to it:
(a)
That the public hearing on the adoption of
the reinvestment zone under the provisions of
the Act has been properly called, held and
conducted and that notice of such hearing has
been published as required by law and has
been mailed to the respective 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 improvements made
after January 15, 1991, that are feasible and
practical and will benefit the city, its
residents and property owners in the
reinvestment zones~ and
(d)
That the proposed designation will be reason-
ably likely to contribute to the retention or
expansion of primary employment or to attract
Ordinance No. 1886 Page 3
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
major investments to the zone that would be a
benefit to the property and contribute to
economic development of the City or town.
That the City hereby creates Reinvestment Zone
Number One with boundaries described and reflected
in Exhibits "A" and "B" and such reinvestment zone
shall hereafter be identified as Reinvestment Zone
Number One, for Commercial Tax Abatement, City of
College Station, Texas.
That the designation of Reinvestment Zone Number
One for Commercial Tax Abatement, shall expire
three (3) years from the date of this ordinance,
unless renewed as provided by the Act, or at an
earlier time designated by subsequent ordinance.
That written agreements as provided in the Act
with owners of taxable real property located
within the reinvestment zone shall be for a period
of three (3) years, and that the taxable real
property that is subject to the above mentioned
exemption from taxation shall be the land and the
improvements made after January 15, 1991. In
consideration for the owner making specified
improvements to the property in conformity with
the Comprehensive Plan, written agreements shall
provide for an exemption from taxation of the
total increase in value of the property over its
value in the year the agreement is executed. The
written agreement will require that all taxes be
current at the time of execution of agreement and
be kept current to all taxing entities during the
term of said agreement.
That said designation of Reinvestment Zone Number
One for Commercial Tax Abatement and the written
agreements thereof are in accordance with the City
of College Station Policy for Tax Abatements and
will be a benefit to the land which will be
included within the Reinvestment Zone and to the
City of College Station after the expiration of
the agreement.
That if any provision of this ordinance shall be
held to be invalid or unconstitutional, the
remainder 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.
Ordinance No. 1886 Page 4
Section 8.
That it is hereby officially 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.
PASSED, ADOPTED, and APPROVED this the 28th day of March
1991.
City 'Secrdtary -
APPROVED: