HomeMy WebLinkAbout01-3291ORDINANCE NO. 01-3291
AN ORDINANCE DESIGNATING A CERTAIN AREA AS A
RESIDENTIAL TAX ABATEMENT ZONE IN THE CITY OF
PLAINVIEW, TEXAS TO BE KNOWN AS REINVESTMENT ZONE
NO. 1; 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 w thin its jurisdiction by the creation of a reinvestment zone for residential
tax abatement, as authOrized .by the property Redevelopment and Tax
Abatement Act as amended; and
WHEREAS. on the 12th day of June, 2001 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 one (1) opponent of the reinvestment zone
appeared to contest the creation of the reinvestment zone, if any;
NOW THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS
THAT:
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. 01-3291
Residential Tax Abatement Zone
Page 1 of 1
b) That the boundaries of the re~nvestment 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 residential 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. I 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 June 26, 2001 and shall remain
designated as a residential 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 residential project shall:
a) Be located entirely within the designated zone.
Ordinance No. 01-3291 Residential Tax Abatement Zone Page 2 of 6
b) Involve new construction of single family residential units or improvements
to single and multiple family residential 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.
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, pace 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.
Ordinance No. 01-3291
Residential Tax Abatement Zone
Page 3 of 6
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 12th day of June, 2001.
Passed and Approved on second reading this 26th day of June, 2001.
City Secretary
APPROVED AS TO FORM-
Wally H~tch, City Attorney
Ordinance No. 01-3291 Residential Tax Abatement Zone Page 4 of 6
Exhibit "A"
Reinvestment Zone No. I
A 360.55 acre tract of land more fully described as follows:
"BEGINNING at a point at the center of the intersection of Columbia
Street and Twenty-Fourth Street in Plainview, Hale County, Texas;
THENCE West 5337.36' to a point in the intersection of Twenty-
Fourth Street and Quincy Street;
THENCE North 2942.59' to a point in the center of Quincy Street;
THENCE East 5337.36' to a point in the center of Columbia Street;
THENCE South 2942.59' to the POINT OF BEGINNING."
Ordinance No. 01-3291
Exhibit "A"
Residential Tax Abatement Zone
Page 5 of 6
.EXHIBIT "B"
Ordinance No. 01-3291
Exhibit "B"
Residential Tax Abatement Zone
Page 6 of 6