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O-89-2393 - 2/9/1989ORDINANCE NO. JI �c.�J AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NO. ONE FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: WHEREAS, the City Council of the City of Round Rock, 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 Chapter 312, Tax Code, V.A.T.S. (the "Code"); and WHEREAS, the City Council called a public hearing for 7:00 P.M. on the 9th day of February, 1989, to consider establishment of a reinvestment zone, such date being at least seven (7) days after the date of publication of the notice of such public hearing and the notification of other taxing jurisdictions as required by the Code; 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 persons 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, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and 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 ROUND ROCK, TEXAS: 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: The City Council, 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 metes and bounds description attached hereto as Exhibit "A" and depicted as Lot 1 on the plat 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 T36ORDNCE (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 Section 312.202 of the Code in that it is "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 City"; and 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 Round Rock criteria and guidelines adopted by Ordinance No. 2391 on January 26, 1989. (e) SECTION 3: That pursuant to Section 312.201 of the Code, the City hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described by the metes and bounds in Exhibit "A" attached hereto and depicted on the plat attached hereto as Exhibit "B" and such reinvestment zone is hereby designated and shall hereafter be designated as Reinvestment Zone No. One, City of Round Rock, Texas. SECTION 4: That the zone shall take effect on the adoption of this Ordinance and shall expire five years after such date. SECTION 5: 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. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this Ordinance on two separate days was dispensed with. of -Ap, PASSED, and ADOPTED on first reading this / day �L.n.� , 1989. Alternative 2. READ and APPROVED on first reading this the day of , 1989. READ, APPROVED, and ADOPTED on second reading this the day of , 1989. ATTEST: .� iflZLJ NE LAND, City Secretary ieez /7,4, MIKE ROBINSON, Mayor City of Round Rock, Texas 2. EXHIBIT "A" METES & BOUNDS DESCRIPTION OF A 9.38 ACRE TRACT OF LAND, BEING PART OF A 55.55 ACRE TRACT LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT 130, WILLIAMSON COUNTY, TEXAS. BPING a 9.38 acre tract out of a 55.55 acre tract of land located in the David Curry Survey, Abstract 130, Williamson County, Texas being part of a certain 55.57 acre tract conveyed to Baker Hughes Inc. by deed recorded in Volume 1672 Page 819 of the Official Records of Williamson County and out of an original call 169.43 acre tract conveyed to Theron S. Bradford by deed recorded in Volume 574 Page 390 of the Deed Records of Williamson County and being more particular}y described as follows: Commencing at a found concrete R.O.W. marker in the East right- of-way line of Interstate 35 (IH 35) and West line of said 169.43 acre tract, said marker being 175.00 feet left of Station 1230+00 on IH 35: THENCE, South 05 degrees •48 minutes 00 seconds East, 161.48 feet, along the common line of IH 35 and west lin** of said 169.43 acre tract to a found 1/2" iron rod for the call Northwest corner of said 55.57 acre tract, the Northwest corner hereof and the '`POINT OF BEGINNING"; THENCE, North 71 degrees 06 minutes 22 seconds East, 502.72 feet to a set 5/8o iron pod for the Northeast corner hereof: THENCE, South 18 degrees 53 minutes 38 seconds East, 699.84 feet to a set 5/8, iron rod for the- Southeast corner hereof: THENCE, South 71 degrees 06 minutes 22 seconds West, 665.50 feet, along the common South line of said 169.43 acre and 55.57 acre tracts to a •set 5/8 inch iron rod in the East right-of-way line of IH 35 for the Southwest corner hereof; THENCE, North 05 degrees 48 minutes 00 seconds West, 718.52 feet, along the East right-of-way line of IH 35 to the "POINT OF BEGINNING" and containing 9.38 acres. 1 .2 EXHIBIT "B" G. 10'S.W.B.T. ESMT. L. 845 PG 482 WC.O.R. Nps* 2. I0' SAN. 8WATE 1 VOL. 704 PO.822 W.C.D.R. OAF .004' '114 PARKING 2.7.5'SAN. B WATER ESMT VOL. 554 PG 505 W. C. DR. W. PUBLIC UTIL. ESMT. VOL. (391 P8. 900 I tit WC.D. R. i _r. lws3 gun on r N e 8 1 rt ✓r2-' 1. c)-1 ' 11� \ 01 u \ z z \ p ; z �„❑ NNt • �7� ! — A FJ / C fl N W O 0 a. W G / ONI>ILICd \\ STORAGE PAD / / / L/FUTURE 60` e e 0 • •• r ROAD R.O.VY STORAGE PAO • SN1071(18 SNITSIX3 / / 5 „ZZ,9O0ILN • 'tl'I „8/£ 'OW W V <0 OV rr W' 8y 60 2 a DATE: February 7, 1989 SUBJECT: Council Agenda, February 9, 1989 ITEM: 8B. Consider an ordinance creating a Reinvestment Zone. (First Reading) STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: This proposed reinvestment zone is located in front of the B.J. Hughes facility on IH35 North. The creation of the Zone will allow the Council to enter into a real property tax abatement agreement if the Council so desires. It is important to note that ONLY real property can be abated. Personal property cannot be abated. This is important to note since many "high tech" companies have greater personal property tax liabilities than real property tax liabilities. Once the Zone is created a tax abatement agreement will be considered at a future Council meeting. The abatement agreement must meet the previously adopted guidelines and criteria and should clearly demonstrate a positive impact on the City. Furthermore, a public hearing on the agreement should be conducted before the agreement is considered by Council. This is our first reinvestment zone and much Council and staff work has gone into it. Staff recommends adoption of the ordinance.