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HomeMy WebLinkAbout89-2788'` TAX ABATSN~NT-REINVSSTN~i'.C ZONl3 NO. ON}3 ORDINANCE NO. 89-2788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NO. ONE FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS REALATING THERETO. WHEREAS, the City Council of the City of Plainview, Texas (The "City"), 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/industrial tax abatement, as authorized by V.T.C.A. Tax Code Chapter 312. (The ..Act") ; and WHEREAS, by Resolution duly .adopted by the City on the 11th day of April, 198.9, a hearing before the City Council was set for 7:30 P.M. an the 25th day of April, 1989, such date being at least seven (7) days after the date of .publication of the notice of such public hearing; and WHEREAS, the City held such public hearing after publishing '~,~ notice of such public hearing, and giving written notice to all .taxing units overlapping the territory inside the proposed reinvestment zone; and WHEREAS, the City at such hearing invited any interested person, or thei-r 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 described in the ordinance calling such hearing should be included in such proposed reinvestment zone, the concept of tax abatement; and WHEREAS,-.the proponents of the reinvestment zone offered evidence., bath -oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and no .opponents of the reinvestment zone appeared to contest creation of the reinvestment zone. NOW, THEREFORE,. BE IT ORDAINED by the .City Council of the City of Plainview: Section 1. Definitions a) Improvements - Improvements shall include, for the purpose of establishing eligibility under subsection 6{b), any activity at the location, including, but not limited to, new construction. b) Taxable Real Property - Taxable real property shall be as defined in the Texas Property Tax Code and shall not include 1 of 4 personal property as defined in said code, nor shall it include .land. c)-.Base Year - The base year for determining increased value -shall be the taxable real property value assessed the year in which the agreement is executed. Section 2. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. Section 3. The City, after conducting such hearings and having heard. such evidence and testimony,-has made. the following findings and determinations based on the testimony presented to it: a) That a public hearing on the 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 b) That the boundaries of the reinvestment zone should be the area as described in the description attached hereto as Exhibit "A" and depicted on the map attached hereto as Exhibit "B"; and c) That creation of the reinvestment zone for commercial/industrial tax abatement with boundaries. as described in Exhibits "A" and "B" will result in benefits to the City ,and to the land included in the zone and the improvements sought are feasible and practical.; and d) That the reinvestment zone. as defined in Exhibits"A" and "B" meets the criteria for the creation of a reinvestment zone as set forth in the Act in that it is "designated an enterprise zone under the Texas Enterprise Zone Act"; and e) That the reinvestment zone. as defined in Exhibits "A" and "B" meets the. criteria for the creation of a reinvestment .zone as set forth in the City of Plainview Policy Statement on Tax Abatment. Section 4. That pursuant to V.T.G.A. Tax Code Chapter 312, the City hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described in Exhibit "A" attached hereto and depicted on the map attached hereto as Exhibit "B" and such reinvestment zone is hereby designated. and shall hereafter be designated as Reinvestment Zone No. One, City of Plainview, Texas. Section 5. That the zone shall take effect on June 1, 1989, or at an earlier time designated by subsequent ordinance:. 2 of 4 Section 6. That to be considered for execution. of an agreement for tax abatement the commercial/industrial project shallz a) Be located wholly within the zone as established herein. b) Be in compliance with the City of`Plainview Policy Statement on Tax Abatement. c) Not. include. property that is .owned or leased by a member of the City Council of the City of Plainview or by a member of the Planning and Zoning Commission. d) Conform to the requirements of the City's Zoning Ordinance and all other applicable laws and regulations. Section 7. That written agreements with. property owner(s) located within the zone shall provide the terms regarding duration of exemption and share of taxable real property value from taxation in compliance with the City of Plainview Policy Statement on Tax Abatement.. Section 8. That. written agreements under the Act must include provision for: a) Listing the .kind,. number and location of all proposed improvements of the property; b) Access to and inspection of property by municipal employees to ensure that the improvements or repairs are made according to the specification and conditions of the agreements, c) Limiting the use 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; and d) Recapturing property tax revenue lost as a .result of the agreement if .the owner of .the property fails to make the improvements as provided by the agreement. Section 9. Designation of Reinvestment Zone No. One shall expire five years after the date of designation, .but may be renewed for periods not to exceed .five years. Section 10. If any portion of this Ordinance shall, for any reason, be declared invalid by any court or competent jurisdiction, such invalidity shall not affect the remaining provisions hereof. 3 of 4 Passed and approved this 9th day of May, 1989. ~' ~ i ;~/: . V. Ridlehuber, Mayor ATTEST: Carla Reese; City Secretary APPROVED AS TO FORM: ty Attorney 4 of 4 APPROVED AS TO CONTENT: Exhibit A DESCRIPTION OF A PORTION OF THE PLAINVIEW_REINVESTMENT ZONE LYING WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW (1} Beginning at a point 30 feet East and 30 feet North of the N. E. corner of the John Kiser Homestead Survey, Hale County, Texas, said point being at the intersection of 24th Street and Date Street (F.M. 400) in Plainview, Texas; (2) .Thence East slang a line 3D feet North from and parallel to the projection of the North line of said John Kiser Homestead Survey. to a point 249.1 feet East of the .projection of .the West line of the D. R. McVicker Homestead Survey, Hale County, Texas; {3} Thence South along a line parallel to and 249.1 feet East from the'West line of said D. R. McVicker Homestead and along the projection of the East line of-Elm Street to a paint in the south line of the R. P. Smythe tract, said. point also being in the. North line of the Railroad Addition; {4} Thence East along the North line of the Railroad Addition and the South line of the R. P. Smythe tract to a point in the West line of the Frisco Addition; (5 } Thence North along the West line of the Frisco .Addition to its. Northwest corner; (6) Thence East with the North line of the. Frisco Addition to a point l.5 feet North of the Northeast corner of Block 3 of said %~~ Frisco Addition; (7) Thence N0°02'E 406..8 feet along the West line of El Camino Drive being a projection of the East line of Block 3, Frisco Addition, to a point; (8) Thence S89°58'E 460 feet. along the North line of East 14th .Street and the North line of the Merryman Addition to its Northeast corner; (9) Thence S0°02'W 659.8 feet along the Eas line of said Merryman Addition to a point; (10} Thence S35°33.44'E 80 feet to a point. in. a curve for the North line of Escuela Street; (11) Thence Northeasterly with the North line of Escuela Street to a point in the East line of Guadalupe Street.; (12) Thence Sauth along the East line of Guadalupe Street to a point in-the. South line of San Antonio Street and. the Southeast corner of said Merryman. Addition; (13) Thence S63°33.43'W 448.9 feet along the South line of San Antonio Street to a point; ,._ (14) Thence N61°37.77~W 618.1 feet along the South line of said Merryman Addition to a point, said point being 43 feet South of 1 of 6 Exhibit A the centerline of Yoakum Street and 35.3 `feet East of the East line of Block 5 of the Frisco Addition. to-the City of Plainview, Texas; (15) Thence South along a prolongation of the East line of the Frisco Addition to a point:. in the South line of the L. S. Kinder Survey.; (16) Thence West. along the South .line of said. L. S. Kinder Survey to a point-in the East-line of Milwee. Street; (17) Thence South along the East line of Milwee, Street to the Southwest corner of the Clements .tract, said tract being the A. Vince Homestead Survey; (18} Thence West to a point in the East line of the Santa Fe Railway right-of-way;. {19) Thence Southwesterly along the East .right-of-way line of said railway to a point in a line projected along the .South line of Southeast 10th Street, formerly known. as Montgomery Street; {20) ..Thence West along said- projection of the South line of Southeast 10th Street to a point in the East line of the W. H. Bryan Homestead Survey; (21) Thence South along the East line of the W. H. Bryan Homestead Survey to a point in the North right-af-way line of the Panhandle and Santa Fe Railway; (22) Thence Southwesterly along the North right-of-way line of the Panhandle and Santa Fe Railway to a point in the West right-of-way line of_Date Street also known as F.M. Road 400; (23 ) Thence North .along .the West line of Date Street to a point in the .South line of S.E. 8th Street; (24) Thence West al©ng the South line. of S.E. 8th Street to a point in the West line of Broadway; (25 ) Thence North alcsng the West line of Broadway to a point in the South line of 12th Street; (26) Thence West along the South line of West 12th Street to a point in the West line of Columbia Street; (27) Thence North. along the West line of Columbia Street to a point in the South line of West 13th Street; j28) Thence West-along the South line of °West 13th Street to a paint in the West line of Fresno Street; {29) Thence North along the West line of Fresno Street to a point in the South line of West 14th Street; 2 of 6 Exhibit A (30) Thence West along the South line of West 14th Street to a paint in the West line of Houston Street; ~, (31) Thence North along the West line of Houston Street to a point in the South line of West 22nd Street; (32) Thence West along the South line of West 22nd Street to a point in the West line of Kokomo Street; {33) Thence North along the West line of Kokomo Street to a point in the South line of West 23rd Street; (34) Thence West along the South line of West 23rd Street to a point in the West line of Oakland. Street; (35) Thence North a ong -the West line of Oakland Street to a point in the South line of West 24th Street; (36) Thence.West along the South line of West 24th Street to a paint in the Southwest right-of-way .line of State Highway Na. 194 (Dmmitt,Rand.); (37) Thence Northwesterly along the Southwest .right-of-way line of State Highway No. 194 to a point in the Northwest right-of-way line of Interstate Highway No. 27; {38) Thence Northeasterly- along the Northwest right-of-.way line of Interstate. Highway No. 27 to a. point 500 feet West from the %" East line of Section 35, Block JK-2, Hale County, Texas; _, {39) Thence North along a line 500 feet West from and parallel to the East line of Sections 35 and 36, Block JK-2, Hale County, Texas, to a point 650 feet, measured perpendicularly,-from the centerline of said Interstate Highway No. 27; (40) Thence Northeasterly along a line 650 feet Northwest from and. parallel to the centerline of Interstate Highway Na. 27 to a paint 500 feet East from the West line of Section 37, Black JK-2, Hale.County, Texas; (41) Thence South along a line 5OO feet East from and parallel to the West line of said Section 37 to a point in the Korth line of Section-38,.Block JK-2, Hale County, .Texas.; { 42 ) Thence East. along the North line of said Section 38 to the Northeast corner of the Northwest one-quarter (N.W. 4) of said Section 38; (43) Thence South along the East line of said .Northwest one-quarter { N . W . a ) of Section 3 8 to a point in the North line of the South one-half of the North one-half of'said Section 38; (44) Thence East along the North line of the South one-half of the North one-half of said Section 38 to a point 500 feet West from the West right-of-way line of .Highway Loop 445 (Columbia Street); 3 of 6 Exhibit A (45} Thence-North along a line 500 feet Wes from and parallel. to the West right-of-way line of said Highway .Loop 445 , to a point in a line 500 feet Southeast from and parallel to the Southeast right-of-way line of Interstate Highway No. 27; (46) Thence Northwesterly across the right-of-way of said Interstate Highway No. 27 to a point where its Northwest right-of-way begins to widen to the Northeast; (47) Thence Northeasterly along the Northwest right-of-way line of Interstate Highway No. 27 to a point in a Line 800 feet South from"and parallel to the North line of Section. 37, Block JK-2, Hale County, Texas; (48) Thence East along a line 800 feet South from-and parallel to the North line of said Section 37 to a point in the East right-of-way line of said Highway Loap 445; (49) Thence .South along the East right-of-way line of said Highway Loop 445 (Columbia Street} to a paint in the North line of 24th. Street; (50} Thence East along the North line of 24th Street to the Place of Beginning and containing approximately 3.7 square -miles of land. DESCRIPTION OF THE PORTION OF THE PLAINVIEW REINVESTMENT ZONE LYING IN HALE COUNTY AND ADJACENT Td PLAINVIEW, TEXAS 1) Beginning at the Northwest corner of Block 3, Boynton Subdivision of Outlets 4, 8 and 9 of Wayland Heights Addition to t~.e City of Plainview, Texas, said point being in-the East lineof Broadway and in the South line of S.E. Eighth Street, in Plainview, Hale County, Texas; 2}.Thence South along-the East line of South Broadway to a point in the Northwest. right-of-way line of the Panhandle and Santa Fe Railway; 3) Thence Southwesterly along the Northwest right-of-way line of the Panhandle and Santa Fe Railway to a'point in the West line of Survey No. 42; 4) Thence'NOrth along the.West line of said Survey No. 42, Block JK-2, Hale County, Texas, -to the Northwest corner of said Survey No. 42, ,Block JK-2, Hale County, Texas; 5} Thence West along the South line of Survey 32, Block JK-2, Hale County, Texas to a point 29..44 feet West of the East line of Survey No. 57, Block A-1, Hale County, Texas; 6} Thence N50°43'05"E slang the Northwest line of a 3.22 acre airport tract to a point 50 feet West of a West property. line of the Hale County Airport; 4 of 6 __ _ __ Exhibit A 7) Thence North along a line 50 feet West from and parallel to West line of said airport property to a point 50 .feet =-, South of the North line of Survey 41, Block JK-2, Hale County, Texas; 8) Thence .East alang a line 50 feet.South from and parallel to the North line of said survey 41, Block JK-2 to a point in the West line bf Joliet Street in Plainview,. Hale County, Texas; 9) Thence South along. a projection of the West-line of said Joliet Street to a point which lies 680 feet Northwesterly fram the center line of Runway 4-22 of Hale. County Airport; 10) Thence Northeasterly along a line 680 .feet Northwesterly from and parallel to the centerline of said Runway 4-22 to a point in a line 30 feet South from and parallel to the North line of said.. Survey 41, Block JK-2, Hale County, Texas; 11) Thence East-along a line 30 feet South from and parallel to the North line of said Survey 41, Black JK-2, Hale County, Texas to a point in East line of the Hale: County Airport property; 12) Thence South along the East line of said Hale County Airport property to a paint 167.6 feet South of the Northwest corner of Lot 14, Block No. 1, Subdivision. of Reese property located on J. M. Pressler Homestead Survey, Hale County, Texas; 13) Thence East 90 feet to a point; 14J Thence SO°33'53"E 300 feet to~a paint in the South line of said I,ot 14, Block 1, Subdivision of Reese property; 15) Thence West 90 feet along the South line of said Lot 14, Block 1, Subdivision of Reese property to its Southwest corner; 16) Thence South along a projection of the West. line of said Lot 14, Black 1, Subdivision of Reese property to a point in the North line of Purcell Road. (an entrance to Hale County Airport.); 17) Thence East along the North line of Purcel Raad to a point in the West right-of-way line of Highway Loop 445; 18) Thence.. Southerly and Southwesterly along the West right-of-way line of Loap 445 to a point in the South line of said Survey 41, Block JK-2, Hale County, Texas; 19) Thence East along the South line of said Survey 41, Black JK-2 and its projection to a point in the West line of the old Lubbock Road; 20) Thence Northeasterly and North along the West line of the old Lubbock Road and Sau h Broadway to a point in the South line 5 of 6 Exhibit A cif Southwest 10th Street; 21) Thence East along a projection of the South line of South 10th .Street to the Place of Beginning. 6 of 6 EXHIBIT B - r-x:'~ ~., ._„ ~ -;a;~s::~~~ . -_ _ Cit1 - of Planvi A -k Reinvestment Zo No. VO _ ;~~ ~~ F C ` ~... ° - ~ ~ Y ~~~ ` • a,.>r -~..c"Z; .~ ~ ~ `mot..---=.~..~ ~ r ` f - t _ ~ _ h~ t~ i S}{r ~i-ii 1~ ~ ~ ~ "~ S st `-. ~~~ `~ ~ L i s'3-?a-/ y..~~'~,~.7 jl T _ `~",~~y~`,i • '1~~ ,' ,j ~-#~-Y --r ~~'_ 1177__ ~~~ ~ti.I3:. t 4i' ~ 1 ) 1, i `" "a~.."~ ~ - ~ . -,2~-. , , S>-4 r , c. {_, t -/tom y ,~'~; = T ~ 1 ~`~,sr~,~; _? 7 sue, r~M1 , . e , -~} ~~~ .~a ~ ; ~' * 1'r^: .7 _~_ h .Sy4t ~- ' 1- Y~ i. 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