HomeMy WebLinkAbout2000-2440 - Ordinance - 03/09/2000ORDINANCE NO. 2 4 4 0
AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE
NUMBER TWELVE (12) FOR COMMERCIAL TAX ABATEMENT AS PROVIDED IN
THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT;
ESTABLISHING THE NUMBER OF YEARS FOR THE DISTRICT; AUTHORIZING A
2000 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 March 9, 2000, at 7:00 p.m. to receive
comments concerning the designation of proposed Reinvestment Zone Number Twelve
(12). Notice of such hearing was published on February 29, 2000 in the Bryan-College
Station Eagle newspaper, and on February 25, 2000 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 Twelve (12) 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
3, Block 4, The Business Center at College Station, Phase 1II, College Station, Brazes
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, on October 9, 1997,
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Ordinance No. 2440 Page 2
and on February 10, 2000, 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.
That the City, after conducting such a hearing and having further studied recommendations,
as well as the evidence presented at the public hearing, has made the following findings
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
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 March 9, 2000, 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 ofthe City.
That the City hereby creates Reinvestment Zone Number Twelve (12) and its boundaries
are those described and depicted in Exhibit "A" and such reinvestment zone shall hereafter
be identified as Reinvestment Zone Number Twelve (12) for Commercial Tax Abatement,
City of College Station, Texas.
That the designation of Reinvestment Zone Number Twelve (12) for Commercial Tax
Abatement shall expire ten (10) years from the date of this ordinance.
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Ordinance No. 2440 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 2000. 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 2000 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 Twelve (12) 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.
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 9th day of March, 2000.
APPROVED:
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Mayo~'~Lynn Mcllhaney /
Ordinance No. 2 4 4 0 Page 4
EXHIBIT "A"
FIELD NOTES
14.50 ACRES
PROPOSED
LOT 3, BLOCK 4
THE BUSINESS CENTER AT COLLEGE STATION, PHASE THREE
BEING OUT OF THE
CITY OF COLLEGE STATION
CALLED 200.00 ACRE TRACT
VOLUME 1385, PAGE 14
S. W. ROBERTSON SURVEY, A - 202
COLLEGE STATION, BRAZOS COUNTY, TEXAS
NOVEMBER 18, 1999
All that certain lot, tract or parcel of land being 14.50 acres situated in the S. W.
ROBERTSON SURVEY, Abstract No. 202, Brazos County, Texas, and being a part of that
certain Called 200.00 acre tract as described in deed from the College Station Economic
Development Foundation to the City of College Station, of record in Volume 1385, Page
14, Official Records of Brazos County, Texas, said 14.50 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" Iron Rod set in the southeast line of said Called 200 acre tract for
the most southerly comer, said comer being located in the proposed northeast fight-of-way
line of LAKEWAY DRIVE and the northwest line of Pebble Creek Development Co.
Called 50.00 acre tract as described in Volume 1600, Page 313, said comer being
N 49 o 48 ' 46 "W a distance of 940.38 feet from a 1/2" Iron Rod found for the most
southerly comer of said Called 200.00 acre tract;
THENCE N 32 o 15' 00 "W, along the proposed northeast right-of-way line of
LAKEWAY DRIVE a distance of 252.54 feet to a 1/2" Iron Rod set for the point of
curvature of said proposed right-of-way line;
THENCE continuing along said proposed right-of-way line around a curve in a
counterclockwise direction having a delta angle of 21 o 30' 00 ", an arc distance of 315.21
feet, a radius of 840.00 feet, and a chord of N 43 o 00' 00" W, a distance of 313.36 feet to
a 1/2" Iron Rod set for the point oftangency of said curve;
THENCE N 53 o 45 ' 00 "W, continuing along said proposed right-of-way line a distance
of 173.29 feet to a 1/2" Iron Rod set for the point of curvature of said right-of-way line;
THENCE around a curve in a clockwise direction having a delta angle of 90 o 00' 00 ", an
arc distance of 39.27 feet, a radius of 25.00 feet, and a chord ofN 8 o 45 ' 00" W, a
distance of 35.36 feet to a 1/2" Iron Rod set for the point oftangency of said curve, said
comer being located in the proposed southeast right-of-way line of a future street;
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Ordinance No. 2440 Page 5
THENCE N 36 ° 15' 00" E, along the proposed southeast fight-of-way line of said future
street a distance of 103.13 feet to a 1/2" Iron Rod set for the point of curvature of said
proposed right-of-way line;
THENCE continuing along said proposed right-of-way line around a curve in a
counterclockwise direction having a delta angle of 12 o 5 l ' 10 ", an arc distance of 240.03
feet, a radius of 1070.00 feet, and a chord of N 29 o 49' 25 "E, a distance of 239.52 feet to
a 1/2" Iron Rod set for the point oftangency;
THENCE N 23 ° 23 ' 50" E, continuing along said proposed southeast right-of-way line a
distance of 65.55 feet to a 1/2" Iron Rod set for the northwest comer;
THENCE S 83 o 14' 38 "E, a distance of 820.56 feet to a 1/2" Iron Rod set for an exterior
comer;
THENCE S 40 o 11 ' 14" E, a distance of 297.38 feet to a 1/2" Iron Rod set in the
southeast line of said Called 200.00 acre tract for the most easterly comer, said comer
being located in a northwest line of the Pebble Creek Development Company Called
505.19 acre tract as described in Volume 1671, Page 276, said comer being
S 49 ° 48 ' 46 "W a distance of 749.89 feet from a 1/2" Iron Rod found for the most
easterly comer of said Called 200.00 acre tract;
THENCE S 49 o 48' 46" W, along the southeast line of said Called 200.00 acre tract at a
distance of 192.35 feet passing a east comer of said Called 505.19 acre tract and the most
northerly comer of said Called 50.00 acre tract and continuing for a total distance of 941.56
feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 14.50 ACRES
OF LAND MORE OR LESS, according to a survey performed on November 16, 1999,
under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No.
4961. North Orientation is based on rotating the southeast line of Called 200.00 acre tract
to Deed Calls.
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