HomeMy WebLinkAbout2012-3462 - Ordinance - 11/19/2012 ORDINANCE NO. 2L/2 "34 /P 2
AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NUMBER SEVENTEEN (17) FOR
COMMERCIAL TAX ABATEMENT AS PROVIDED IN THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; ESTABLISHING THE NUMBER OF YEARS FOR THE DISTRICT; AUTHORIZING AN
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 jurisdictions
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, November 8, 2012, at 7:00 p.m. to receive
comments concerning the designation of proposed Reinvestment Zone Number Seventeen (17) for
Commercial Tax Abatement (the "Reinvestment Zone "). Notice of such hearing was published on
Thursday, November 1, 2012, in the Bryan - College Station Eagle newspaper, and hand delivered not
later than Thursday, November 1, 2012, to the presiding officers of all taxing units with 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 with the jurisdiction of
the Reinvestment Zone; and
WHEREAS, at said public hearing the City presented evidence that such proposed designation would be
reasonably likely to contribute to the retention or expansion of primary employment or to attract major
investment in the Reinvestment Zone that would be a benefit to the Property 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 Reinvestment
Zone; whether all or part of the territory that is 6.99 acres located in the College Station Medical District
generally south of Rock Prairie Road and the Brian Bachmann Community Park in College Station, Texas,
more specifically described in Exhibit A attached hereto (the "Property ") should be included in the
Reinvestment Zone; and the concept of tax abatement; and
WHEREAS, at such hearing recommendations were given as to the number of years the Reinvestment
Zone 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 Reinvestment Zone is consistent with the City's guidelines for such
zones as set for in the City's "Guidelines and Criteria Governing Property Tax Abatement document
adopted by Council on January 26, 2012 and will benefit the Property included within the 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:
I .
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 a public 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 hand delivered to the
respective taxing units within the Reinvestment Zone; and
(b) That the City has jurisdiction to hold and conduct said public hearing on the creation of the
Reinvestment Zone pursuant to the Act; and
(c) That creation of the Reinvestment Zone with boundaries described within the subdivision will
result in improvements, made after November 19, 2012, 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 Reinvestment 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 Seventeen (17) and its boundaries are those
described and depicted in Exhibit A and such Reinvestment Zone shall hereafter be identified as
Reinvestment Zone Number Seventeen (17) for Commercial Tax Abatement, City of College Station,
Texas.
IV.
That the designation of Reinvestment Zone Number Seventeen (17) for Commercial Tax Abatement shall
expire ten (10) years from the date of this ordinance.
V.
L
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 2012. In consideration for the owner making specified
improvements to the Property, a written agreement shall provide for an exemption from taxation of this
of this total increase in value of the Property over its value in 2012 in percentages as designated 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 Seventeen (17) 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 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.
VIII.
c ,, 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 Major and City Secretary.
PASSED and APPROVED this 19 day of November, 2012.
ATTEST: APPROVED: ?')71494A/14,■ _
,.
Sherry Ma burn, City Secretary Mayor Nanc
APPROVED:
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City Attorney
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Exhibit A
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METES AND BOUNDS DESCRIPT1ON
OF A
6.99 ACRE TRACT
ROBERT STEVENSON LEAGUE: A -54
COLLEGE STATION, BRAZOS COUNTY. TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL
OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT
NO. 43. COLLEGE STATION, BRAZOS COUNTY. TEXAS. SAID TRACT BEING A PORTION OF
THE REMAINDER OF A CAI I FT) 17.215 ACRE TRACT AS DESCRIBED BY A DEED TO TEXAS
HOTEL MANAGEM ENT CORPORATION RECORDED IN VOLUME 3865, PAGE 248 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A. 1/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF A
CALLED 9.93 ACE TRACT A5 DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION
RECORDED IN VOLUME 448, PAGE 230 OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, MARKING THE WEST CORNER OF SAID REUAINDER OF 17.215 ACRE TRACT AND
THE SOUTH CORNER OF A CALLED 18,83 ACRE TRACT AS DESCRIBED BY A DEED TO
THE CTTY OF COLLEGE STATION RECORDED IN VOLUME 448, PAGE 234 OF THE DEED
RECORDS OF BRAZOS COUNTY. TEXAS;
THENCE: N 41' 51' 07" E .ALONG THE COMMON UNE OF SAID REMAINDER OF 17.215
ACRE TRACT AND SAID 18.83 ACRE TRACT FOR A. DISTANCE OF 718.25 FEET TO THE
POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 41' 51' 07" E CONTINUING ALONG THE COMMON UNE OF SA10 REMAINDER
OF 17.215 ACRE TRACT AND SAID 18.83 ACRE TRACT FOR A DISTANCE OF 816.14 FEET
TO A. 1/2 INCH IRON ROD SET ON THE SOUTHWEST UNE OF LOT 2R. BLOCK 3,
BELMONT PLACE, SECTION r40, ACCORDING TO THE PLAT RECORDED IN ',VOLUME 7543,
PAGE 285 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. 5210 !RCN
ROD SET MARKING THE NORTH CORNER OF SAID REMAINDER OF 17.215 ACRE TRACT
AND .AN EASTERLY CORNER OF SAID 18.83 ACRE TRACT. FOR REFERENCE A 1/2 INCH
IRON ROD FOUND MARKING AN ANGLE POINT IN THE COMMON UNE OF SAID 18.83
ACRE TRACT AND SAID LOT 2R BEARS: N 16' 56' 09' E FOR A. DISTANCE OF 33.10
FEET;
THENCE: 5 48' 01' 12" E ALONG THE NORTHEAST UNE OF SAID REMAINDER OF
17.215 ACRE TRACT, SAME BEING THE SOUTHWEST UNE OF SAID LOT 2P, THE END OF
THE PLATTED RIGHT —OF —WAY OF NORMAND DRIVE (60' R.O.W. — CURRENTLY
UNDEVELOPED), AND THE SOUTHWEST UNE OF LOT 1R, BLOCK 3, BELMONT PLAT,
SECTION TWO (PLAT 7543/285) FOR DISTANCE OF 530.30 FEET TO A. 1/2 INCH IRON
POD SET ON THE SOUTHWEST UNE OF SA1D LOT 2R MARKING THE EAST CORNER OF
SAID REMAINDER OF 17.215 .ACRE TRACT AND THE NORTH CORNER OF A CALLED 35
ACRE TRACT AS DESCRIBED BY A DEED TO THE CRY OF COLLEGE STATION RECORDED IN
VOLUME 692, PAGE 506 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS:
THENCE: S 43' 01' 29" '+'l ALONG THE COMMON UNE OF SAID REMAINDER OF 17.215
ACRE TRACT AND SAID 35 ACRE TRACT FOR A. DISTANCE OF 344.69 FEET TO THE
SOUTHEAST CORNER, OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 89' 54' 01" W THROUGH SAM REMAINDER OF 17,215 ACRE TRACT, 40.00
FEET FROM AND PARALLEL TO THE NORTH UNE OF AN EXIS11NG 60.00 FOOT WIDE
ELECTRICAL EASEMENT AS DESCRIBED IN VOWME 187, PAGE 426 OF THE DEED
RECORDS OF BRAZOS COURN, TExAS, FOR A. DISTANCE OF 703.56 FEET TO THE POINT
OF BEGINNING CONTAINING 6,99 ACRES OF LAND, MORE OR LESS, AS SUR';EYED ON
THE GROUND SEPTEMBER 2012. BEARING SYSTEM SHOWN HEREIN IS BASED 01.1 GRID
NORTH AS LSTADUSHED FROM GP3 OBSERVATION,
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR Na. +502