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HomeMy WebLinkAbout02-3349 ordTax Abatement - Reinvestment Zone No. 4 ORDINANCE NO. 02-3349 AN ORDINANCE DESIGNATING A CERTAIN AREA AS A COMMERCIAL TAX ABATEMENT ZONE IN THE CI"FY OF PLAINVIEW, TEXAS TO BE KNOWN AS REINVESTMENT ZONE NO. 4; ESTABLISHING THE BOUNDARIES THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Plainview, Texas desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act as amended; and WHEREAS, on the 27th day of August, 2002 a hearing before the City Council was had, such date being at least seven (7) days after the date of publication of the notice of such public hearing and the delivering of written notice to all taxing entities which includes within its boundaries real property that is to be included in the proposed reinvestment zone; and WHEREAS, the City at such public hearing invited any interested person to appear and speak for or against the creation of the reinvestment zone and whether all or part of the territory described should be included in the proposed reinvestment zone, and concerns regarding the offering of tax abatement incentives; and WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in faVor of all the foregoing matters relating to the creation of the reinvestment zone and -0- opponents of the reinvestment zone appeared to contest the creation of the reinvestment zone, if any; NOW THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. Section 2. That the City after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: a) That the public hearing on adoption of the reinvestment zone has been properly called, held and conducted and that notices of such hearings have been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; and Ordinance No. 02-3349 Tax Abatement Page '1 of 6 Reinvestment Zone 4 8 b) That the boundaries of the reinvestment zone should be the area as described in the metes and bounds description attached hereto as "Exhibit A" and depicted on the plat attached as "Exhibit B"; and c) That creation of the proposed zone with boundaries as described in "Exhibit A" and "Exhibit B" will result in benefits to the City and to land included in the zone and that the improvements sought are feasible and practical; and d) That the reinvestment zone as defined in "Exhibit A" and "Exhibit B" meets the criteria for the creation of a reinvestment zone as set forth in the Property Redevelopment and Tax Abatement Act as amended in that it "substantially arrests or impairs the sound growth of the municipality creating the zone, retards the provision of housing accommodations, or constitutes an economic or social liability and a menace to the publiC health, safety, morals, or welfare in its present condition and use because of the presence of (A) a substantial number of substandard, slum, deteriorated, or deteriorating structures; or (B) the predominance of defective or inadequate sidewalks or streets; or (C) faulty size, adequacy, accessibility, or usefulness of lots; or (D) unsanitary or unsafe conditions; or (E) the deterioration of site or other improvements; or (F) tax or special assessment delinquencies exceeding the fair value of the land; or (G) defective or unusual conditions of title; or (H) conditions, that endanger life or property by fire or other cause; or (I);any combination of these factors"; and e) That the reinvestment zone as described in "Exhibit A" and ,depicted in the plat attached as "Exhibit B" meets the City's policy on guidelines and criteria for the creation of a reinvestment zone. Section 3. That pursuant to the Property Redevelopment and Tax Abatement Act as amended, the City hereby creates a reinvestment zone for commercial tax abatement encompassing only the area described by the metes and bounds in "Exhibit A" and such reinvestment: zone is hereby designated and shall hereafter be referred to as Reinvestment Zone No, 4 of the City of Plainview, Texas. The tax abatement shall be one hundred percent (100%) of the value of the new construction or improvement, made pursuant to the provisions of Section 5 below. Section 4. That the zone shall take effect on September 10, 2002 and shall remain designated as a commercial reinvestment zone for a period of five (5) years from such date of designation. Prior to or upon such date of expiration the City Council may renew such designation for additional successional period(s) not exceeding five (5) years. Section 5. That to be considered for execution of an agreement for tax abatement the commercial project shall: a) Be located entirely within the designated zone. b) Involve new construction of commercial units or improvements to commercial units as defined by the City of Plainview Zoning Ordinance c) Have a minimum expenditure of $5,000.00 for the proposed improvements or repair. Ordinance No. 02-3349 Tax Abatement Page 2 of 6 Reinvestment Zone 4 9 d) Not include Property that is owned or leased by a member of the City Council of the City of Plainview nor by a member of the Planning and Zoning Commission; and e) Conform to all the requirements of the City's zoning ordinance. Section 6. That written agreements with the property owner(s) located within the zone shall provide for the following: a) Each term agreed to by the owner for the tax exemption; b) A listing of the kind, number, and location of all proposed improvements of the property; c) That access to the project is provided to allow for the inspection by city inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement; d) That property tax revenue lost as a result of the tax abatement agreement will be recaptured by the City if the owner of the property fails to make the improvements or repairs as provided by the agreement; e) Limit the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect; f) Require the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; and g) Provide that the City may cancel or modify the agreement if the property owner fails to comply with the agreement Section 7. That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. Section 8. That it is hereby found, determined and declared that a sufficient nOtice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times as required by the Open Meetings Law, Tex. Govt. Code Ann. § 551.001 et. seq., as amended and that a public hearing was held prior to the designation of such reinvestment zone and that proper notice of the hearing was published of such reinvestment zone and that proper notice of the hearing .was published in the official newspaper of the City, and furthermore, such notice was in fact delivered to the presiding officer of any affected taxing entities as prescribed by the Property Redevelopment and Tax Abatement Act. Section 9. That this ordinance shall take effect immediately from and after its passage by the City Council. Passed and ApProved on first reading this 27th day of August 2002. Ordinance No. 02-3349 Tax Abatement Page 3 of 6 Reinvestment Zone 4 t0 Passed and Approved on second reading this 10th day of September 2002, - Belinda Hinojosa, City Secr~a~ APPROVED AS tO FORM: Wally Hatch, City Attorney Ordinance No, 02-3349 Tax Abatement Reinvestment Zone 4 Page 4 of 6 Exhibit A A tract of land out of Survey 39 Block JK-2 Beginning at the Intersection of the centerlines of Houston Street and the centerline of West Eleventh Street. Thence North along the centerline of Houston Street to a point in the centerline of West Twenty-fourth Street. Thence East along the centerline of West Twenty-fourth Street to a point in the centerline of Columbia Street. Thence South along the center line of Columbia Street to an extension of the centerline of West Eleventh Street going West. Thence West along the centerline of West Eleventh Street to the point of beginning. Containing 211.3 acres more or less. Ordinance No, 02-3349 Tax Abatement Page 5 of 6 Reinvestment Zone 4 Exhibit B z. ,?_ ENTH : Il I I STEERT FDUET~NTH ~TREET Ordinance No. 02-3349 Tax Abatement Reinvestment Zone 4 Page 6 of 6