HomeMy WebLinkAbout1999-2373 - Ordinance - 03/11/1999ORDINANCE NO. 2373
AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE
NUMBER TEN (10) 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 TI-IE 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 prop. erty owners through tax abatement procedures
within its jurisdiction by the creation of a remvestment zone as authorized by the PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT, TEXAS TAX CODE, CHAPTER 312, as
amended (the "Act"); and
WHEREAS a public heating was scheduled for March 11, 1999, at 7:00 p.m. to receive
comments concerning the designation of proposed Reinvestment Zone Number Ten (10).
Notice of such hearing was published on March 2, 1999, ir(t~e Bryan-College Station Eagle
newspaper, and on March 1, 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(d) of the Act; and has given written notice to all taxing units
within the jurisdiction of the pioposed Reinvestment Zone Number Ten (10) for
Commercial Tax Abatement; and
WHEREAS, at said public heating 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
2, Block 4, The Business Center at College Station, Phase II, College Station, Brazos
County, Texas, should be included in such proposed reinvestment zone, and the concopt 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 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,
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Ordinance No. 2 3 7 3 Page 2
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 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
(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 March 11, 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.
HI.
That the City hereby creates Reinvestment Zone Number Ten (10) and its boundaries are
those described and depicted in Exhibit "A" and such reinvestment zone shall bereat~er be
identified as Reinvestment Zone Number Ten (10) for Commercial Tax Abatement, City of
College Station, Texas.
That the designation of Reinvestment Zone Number Ten (10) for Commercial Tax
Abatement shall expire nine (9) years from the date of this ordinance.
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Ordinance No. 2373 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 eight (8) 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 Ten (10) 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 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 11 ch day of March, 1999.
APPROVED:
May0i~ Lynn McIlhaney /
ORDINANCE 2373
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Sheet I of 2
ORDINANCE
2373
FIELD NOTES
8.000 ACRE TRACT
THE BUSINESS CENTER AT COLLEOE STATION
Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY,
Abs6'act No. 202 in College Station, Brazos County, Texns and being a portion of the 200.00 acre tract
conveyed to the City of college Station by the College Station Economic De~lopmant Foundation on
De~xm~r 3, 1991 and r~orclM in volume 1385, Pag~ 14 oftbe Offioial Records of Brazos Count,/, Texas
(O.P,.B.C.) and being more particularly desen'bed by metes and bounds as follows:
CO~CINO: aI a found l/2-inoh iron rod mart4,~ the southeast comer of the 80-foot wide Lakeway
Drive right-of-way dedioation as desun'bed on the ~ Plat of THE BUSINESS CENTER AT
COLLEGE STATION, PHASE ONE recorded in Volume 2763, Page $$ (O.R.B.C.), said iron rod also
,~,t-~g the most nottberly comer of said Lakeway Driw fight-of-way dedication as descn'bed on the lrmal
Plat of THE BUSINESS CEI4TER AT COLLEOB STATION, PHASE TWO recorded in Volume 2887,
Page 81 (O.R.B.C.);
THENCE: 43.14 feet in a clockwise direction along the aro ora curve in tho northeast line of said Lakewa¥
Drive right-of-way, said curve having a central angle of 02° $6' 33', a radius of 840.00 feet, a ts~ent of
21.57 feet and a long ohord bearing S 19° 46' 470 E at a distance of 43.14 feet to the Point of Tangenoy;
THHNCE: S 18° 18' 39O E for a distanco of 331.79 feet along said line of Lakeway Drive for a distance
of 331.79 feet to a found l/2-inch iron pipe for the POINT OF BEOINN1NO;
TItID~CE: N 68° 35' 08" E for a distance of 150.01 feet to a l/2-inoh iron rod set for an angle point;
~CE: N 59° 49' 03" E for a distance of 255.08 feet to a l/2-inoh iron rod set for comer',
~CE: $ 85° 30' 00" E for'a distance of 225.00 fe~t to a l/2-inoh iron rod set for comer;,
THENCE: S 47° 38' 05" E for a distance of 288.05 feet to a 1/2-inoh iron rod set for comer;,
THENCE: S 23° 23' 50" W for a dlstanco of 244.64 feet to a 1/2-inoh iron pipe set for the Point of
Curvaturo'of a ~u've to tha right;
THEnCE: 224.~2 f~t alongth~ aro of~id~a-vohavinga~taz~langle of12° $I' 10~, &mdi~ofl000.00
~ a tangant of112.6~ f~t and along ~hord bearing S 29° 49'~ W at a dMtanco of 223.85 lest to
in~ iron pipe aot for corn~;
THENCE: ~ ~6o 15' 00~ W for a distan~ of 10~.13 f~t to a l~2-in~h iron rod ~t for th~ Point of
Cuzvaturo ora corvo to tbo fight;
THENCE: ~9.27 fext along the avo or,id curv~ having a c~ztnd angle of 90° 00' 00% a radiu~ of 25.00
f~'t, a tangent of~.00 fe~t and a long ohord I~ming S ~1° I$' 00~ W at a dismno~ of~.~ fe~t to a 1F2-
~ iron pipe ~ for the Point of Tangen~y;
THENCE: N $~o 45' 00' W for a distan~ of2~.?~ f~t to a found l~2-in~ iron pipe in tbe northeast
right-of-~ ~ of I~f~way Drive as r~orded in Volum~ 2887, Page 81 ~ on an 80-foot width), sam
iron rod ~ madfing a Point ofcorvatu~ ora ~ to tho
THENCE: 470.12 fe~t along the a~ of said cur~ having a c~ntralangle of35° 26' ~0", a redin~ of?~0.00
~ a tangent of242.$$ fe~t and a long chord beating N ~6o 01' 45~ W at a distance of462.66 fe~t to thc
POINT OF BEOINN[NO and containing 8.000 ~ ofland, more or less.
I, lvfw. hael R. McClure, Registered Professional Surveyor No. 2859 in the State of Texas do oertify to the
best of my knowledge, infonmtion and belief and in mb' professional opinion that this survey is true correct
and alp'ecs with a survey made on the ground under my supervision and that this sendce substantially
conforms to the standards and speoifications for a Texas Sooiety of Professional Surveyors Category lA,
Condition II Survey.
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Mic 1R. McClure, R.P.L.S. #2859