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Home My WebLink About1999-2408 - Ordinance - 09/09/1999ORDINANCE NO. 2408 AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NUMBER ELEVEN (11) FOR COMMERCIAL TAX ABATEMENT AS PROVIDED IN THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; ESTABLISHING THE NUMBER OF YEARS FOR THE DISTRICT; AUTHORIZING A 1999 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 September 9, 1999, at 7:00 p.m. to receive comments concerning the designation of proposed Reinvestment Zone Number Eleven (11). Notice of such hearing was published on August 31, 1999, in the Bryan-College Station Eagle newspaper, and on August 30, 1999, 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 hearing and published notice of such public hearing as required by SECTION 312.201(r>) of the ACT; and has given written notice to all taxing units within the jurisdiction of the proposed Reinvestment Zone Number Eleven (11) 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: Lot 1, Block 3, The Business Center at College Station, Phase I, College Station, Brazos County, Texas, should be included in such proposed reinvestment zone, and the concept of tax abatement; and 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 avail- able, 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 lahlo:[group~legal[orojecO'ordanlrelnvest, doc 8/24/99 Ordinance No. 2408 Page 2 October 9, 1997, and will benefit the land included within the proposed reinvestment zone after the 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 recommenda- tions, as well as the evidence presented at the public hearing, has made the following find- ings based on the evidence and the testimony presented to the City: (a) That the public hearing 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 (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 September 9, 1999, 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 Eleven (11) and its boundaries are those described and depicted in Exhibit "A" and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number Eleven (11) for Commercial Tax Abatement, City of College Station, Texas. IV. That the designation of Reinvestment Zone Number Eleven (11) for Commercial Tax Abatement shall expire ten (10) years from the date of this ordinance. lah Io: lgroupilegal[oroject~statalremvest doc 8/24/99 Ordinance No. 2 4 0 8 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 ten (10) 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 1999. 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 1999 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. VI. That said designation of Reinvestment Zone Number Eleven (11) for Commercial Tax Abatement 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 reinvestment zone 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 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. VIII. 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 after its passage and approval by the College Station City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 9t:h day of September, 1999. APPROVED: AT'I~EST: ,, t~ Connie Hooks, City :Secretary lah~o ~groupllegal~projectlstata~remvest doc 8/24/99 l~Iaydfrt.ynn Mcllhaney 7 EXHIBIT "A" FIELD NOTES 4.575 Acre Tract Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being a portion of the 9.575 acre tract called Lot 1, Block 3 of the Amending Plat of The Business Center at College Station as recorded in Volume 2763, Page 55 of the Official Records of Brazos County, (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2-inch iron rod marking the west comer of said Lot 1, the southeast comer of Venture Drive right-of-way (based on a 80' width) as dedicated in the said Amending Plat recorded in Volume 2763, Page 55 (O.R.B.C.), being in the northeast right-of-way line of State Highway No. 6 and being more partic-larly described by metes and bounds as follows: THENCE: along the said southeast line of said Venture Drive right-of-way and the northwest line of said Lot 1, Block 3 for the following three (3) calls: 1) N 42° 09' 31" E for a distance of 318.72 feet to a found 1/2-inch iron marking a Point of Curvature of a curve to the right; 2) 74.79 feet along said arc ora curve having a central angle of 5° 38' 19", a radius of 760.00 feet, a tangent of 37.43 feet and a long chord bearing N 44° 58' 41" E at a distance of 74.76 feet to a found 1/2-inch iron md for Point of Tangency, 3) N 47° 47' 50" E for a distance of 28.89 feet to a 1/2-inch iron rod set for Point of Begiuning, THENCE: N 47° 47' 50" E continuing along said Venture Drive right-of-way for a distance of 302.89 feet to a found I/2-inch iron rod marking a Point of Curvature of a curve to the lett; lltENCE: 29.56 feet along the arc of said curve having a central angle of 2° 00' 58", a radius of 840.00 feet, a tangent of 14.78 feet and a long chord bearing N 46° 47' 21" E at a distance of 29.56 feet to a found 1/2-inch iron rod marking the common most northerly comer of Lots 1 and 2, Block 3 of said Amending Plat; THENCE: along the common line of said Lots 1 and 2 for a following five (5) calls: 1) S 44° 13' 04" E for a distance of 244.13 to a found 1/2-inch iron rod, 2) S 18° 40' 00" E for a distance of 200.00 to a found 1/2-inch iron rod, 3) S 53° 40' 00" E for a distance of 200.00 to a found 1/2-inch iron rod marking the most easterly comer of said Lot 1; 4) S 32° 20' 00" W for a distance of 175.00 feet to a found 1/2-inch iron rod for comer; 5) S 67° 20' 00" W for a distance of 140.32 feet to a 1/2-inch iron rod set for comer; THENCE: N 42° 12' 10" W through the interior of said Lot 1 for a distance of 622.57 feet to the POINT OF BEGINNING and containing 4.575 acres oflancl, more or less. I, Michael R. McClure, Registered Professional Surveyor No. 2859 in the State of Texas do certify to the best of my knowledge, information and belief and in my professional opinion that this survey is tree correct and agrees with a survey made on the ground under my supervision and that this service substantially conforms to the standards and specifications for a Texas Society of Professional Surveyors Category lA, Condition Il Survey. Mi6hael R. McClure, R.P.L.S. #2859 /~::~.:....j~ -_ "'* i~.;?"-?";;": "' 7". .... ,.\ \\~'.'"~:"'.. .....'5'.- These field notes have been duplicated for City Administrative needs. ~v%..,\' . - . ,. :,'.. The survey plat and field notes were prepared on August 3, 1999. ~.'-.<.,}'.j,. !...,.. ,/ -<, j.-, . ., · \ I \ \ / / /