Loading...
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: Page I of 6 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 Page 2 of 6 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