HomeMy WebLinkAbout01-3315 ord157
Residential and/or Commercial
Tax Abatement Zone
ORDINANCE NO. 01-3315
AN ORDINANCE DESIGNATIN6 A CERTAIN AREA AS A
RESIDENTIAL AND/OR COMMERCIAL TAX ABATEMENT ZONE
IN THE CITY OF PLANVlEW, TEXAS""'TO~BE KNOWN AS
REINVESTMENT ZONE NO. 2; '~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 residential
and/or commercial tax abatement, as authorized by the Property Redevelopment
and Tax Abatement Act as amended; and
WHEREAS, on the 8th day of January, 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 zero opponents of the reinvestment zone
appeared to contest the creation of the reinvestment zone, if any;
NOW THEREFORE, THE CITY OF PLAINVlEW 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:
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Ordinance No. 01-3315 Residential and/or Commercial
Tax Abatement Ordinance
158
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
b) That the boundaries of the re investment 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 re investment 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 "be reasonably likely as a result of the
designation 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 property and that would contribute to the
economic development of the municipality"; 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
and/or 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. 2 of the
City of Plainview, Texas. Residential tax abatement, if granted, shall be one
hundred percent (100%) of the value of the new construction or improvement,
made for five (5) years pursuant to the provisions of Section 5 below.
Commercial tax abatement shall be determined by the City Council, utilizing the
City's Tax Abatement policy, hereby adopted and incorporated herein for the
purposes of this ordinance, and pursuant to the provisions of Section 5 below.
Section 4. That the zone shall take effect on January 8, 2002 and shall remain
designated as a commercial and/or residential reinvestment zone for a period of
five (5) years from 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 Ii. That to be considered for execution of an agreement for tax
abatement the residential and/or commercial projects shall:
a) Be located entirely within the designated zone.
Residential and/or Commercial
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Ordinance No. 01-3315
Tax Abatement Ordinance
159
b) Involve new construction residential and/or commercial units or
improvements to residential and/or 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.
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 dudng
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
Ordinance No. 01-3315
Residential and/or Commercial
Tax Abatement Ordinance
Page 3 of 6
160.
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 20th day of December, 2001.
Passed and Approved on second reading this 8th day of January, 2002.
Belinda Hinojosa, City Secrc:'ftCary
APPROVED AS TO FORM:
Wally Ha~(~h~ City Attorney
Ordinance No. 01-3315
Residential and/or Commercial
Tax Abatement Ordinance
Page 4 of 6
161
Exhibit "A"
Metes and Bounds Description
Beginning at the intersection of the centerline of Columbia Street
and the South Right-of-way line of the Fort Worth & Denver
Railroad.
Thence Southeasterly along the South right-of-way of said Forth
Worth & Denver Railroad to a point in the centerline of Broadway.
Thence South along the centerline of Broadway to a point in the
centerline of 11th Street.
Thence East along the centerline of 11th Street and a projection of
said line to a point in the centerline of Date Street.
Thence South along the centerline of Date Street to a point in the
centerline of East 6th Street.
Thence West along the centerline of East 6th to a point in the
centerline of Cedar Street.
Thence South along the centerline of Cedar Street to a point in a
projected center line of an alley 140 feet South of 5th Street,
Thence West along said alley centerline and a projection of said
centerline to a point in the centerline of Beech Street.
Thence South along the centerline of Beech Street to a point in the
centerline of East 2nd Street.
Thence West along the Centerline of East 2nd street to the point in
the centerline of Ash Street.
Thence South along the centerline of Ash Street to a point in the
projection of the centerline of East 1st Street.
Thence West along the Said projected centerline of 1st street to a
point in the centerline of Columbia Street,
Thence North along the centerline of Columbia to a point in the
centerline of 4th Street.
Thence East along the centerline of 4th Street to a point in the
centerline of Baltimore Street,
Thence North along the center line of Baltimore Street to a point in
the projection of the centerline of an alley 140 feet north of 6th
Street.
Thence West along the centerline of said alley to a point in the
centerline of Columbia Street.
Thence North along the Centerline of Columbia Street to the place
of beginning. Containing 256.56 acres more or less.
Ordinance No. 01-3315 Residential and/or Commercial Page 5 of 6
Tax Abatement Ordinance
ICE~UP.T
156
Residential and/or Commercia~
Tax Abatement Zone
ORDINANCE NO. 01-3315
AN ORDINANCE DESlGN~TII~A CERTAIN AREA AS
A
AND/OR,.COI~E~IAL TAX ABATEMENT ZONE
RESIDENTIAL
THE CITY '
REINVESTMENT~ORE~F NO. 2; ESTABLISHING THE
BOUNDARIES ; 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 residential
and/or commercial tax abatement, as authorized by the Property Redevelopment
and Tax Abatement Act as amended; and
WHEREAS, on the 8th day of January, 2002 a hearing before the City
Council was had, such date being at least s~n (7) days after the date of
publication of the notice of such public hearing a~. he delivering of written notice
to all taxing entities which includes wit~l~its'~oundaries real property that is to be
included in the proposed reinves~nt'~;~he; 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 zero opponents of the reinvestment zone
appeared to contest the creation of the reinvestment~e, if any;
NOW THEREFORE, THE CITY OF P.L~IN~W HEREBY ORDAINS
THAT: ~.%' {~ ~'
Section 1. That the facts and recit't~ons 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:
Residential and/or Commercial
Page I of 6
Ordinance No. 01-3315
Tax Abatement Ordinance