Ordinance No. 7,413950928 -1
ORDINANCE NO. 7413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING AN AREA AS A REINVESTMENT ZONE;
PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED
REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE
DESIGNATION OF THE AREA DESCRIBED HEREIN AS A
REINVESTMENT ZONE; AND PROVIDING FOR AN EFFECTIVE DATE
THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas,
desires to create the proper economic and social environment to
induce the investment of private resources in productive business
enterprises; and
WHEREAS, the City of Baytown received a request for a
designation of a reinvestment zone, to be known as the "Hazelwood
Reinvestment Zone," from Hazelwood Enterprises, Incorporated; and
WHEREAS, on September 28, 1995, prior to the consideration of
this ordinance, the City Council of the City of Baytown renewed its
Guidelines and Criteria for Granting Tax Abatement in a
Reinvestment Zone created in Harris County or Chambers County,
which was originally adopted in December 1989 and subsequently
amended in July 1990, and again in July 1992; and
WHEREAS, on September 28, 1995, prior to the consideration of
this ordinance, the City Council of the City of Baytown held a
public hearing at which all interested persons were entitled to
speak and present evidence for or against the reinvestment zone
designation; and
WHEREAS, notices of such public hearing were published in a
newspaper having general circulation in the City and delivered in
writing to the presiding officer of the governing body of each
taxing unit that includes in its boundaries the real property that
is to be included in the reinvestment zone; and
WHEREAS, the real property within the reinvestment zone does
not include any area in the taxing jurisdiction of any other
municipality; and
WHEREAS, after the public hearing, Council determined that the
® area proposed to be designated as an enterprise zone would be
reasonably likely as a result of the designation to contribute to
95092$ -la
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 of Baytown; and
WHEREAS, the City Council of the City of Baytown further
determined that the improvements sought are feasible and practical
and would be a benefit not only to the land to be included in the
zone but also to the City of Baytown; and
WHEREAS, as a result of such determinations, Council desires
to designate the area proposed as a reinvestment zone; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The findings contained in the preamble hereof
are declared to be true and correct and are hereby adopted.
Section 2: The City hereby designates Tract I, Tract II
and Tract III, more specifically described in Exhibit "A," which by
this reference is incorporated herein and made a part hereof for
all intents and purposes, as Hazelwood Reinvestment Zone in
accordance with the Property Redevelopment and Tax Abatement Act.
Section 3: That the City Council will provide certain tax
and other incentives applicable to business enterprises in the zone
which are not applicable throughout the City as follows:
The City shall abate taxes on the increase in value of
real property improvements for qualified businesses that
locate or expand in the designated reinvestment zone.
The level of abatement shall be based upon the extent to
which the business receiving the abatement creates jobs
for qualified employees or increases the amount of
investment expended on expansion, development and /or
rehabilitation of the property located within the zone.
Qualified employee shall be defined by Section
2303.003(7) of the Texas Government Code.
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950928 -1b
The City will waive or refund any and all building permit
• fees due or paid for such development, expansion or
rehabilitation project.'
The City will waive or refund any and all water and sewer
tapping fees due or paid for qualified new developments
or redevelopment projects involving qualified buildings
within the zone.
Section 4: The incentives described in Section 3 above
shall not be available to enterprises primarily involved in the
retail sale of alcoholic beverages for on- premise consumption.
Section 5: . The City Council directs and designates the
Mayor, as the City's authorized representative to act in all
matters pertaining to the designation of the Reinvestment Zone.
Section 6: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown and shall expire five years after the date of the
designation.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 28th day of September,
1995.
ATTEST:
EILEEN,P_ HALL, City Clerk
0
3
PETE C. ALFARO, Mayor
950928 -1c
APPROVED AS TO FORM:
ACIO RAMIREZ, S , City Attorney
b:klh9 /hazelwood
HAZELWOOD REINVESTMENT ZONE PROPERTY DESCRIPTION
TRACT NO. I - 192.9755 ACRES
A 192.9755 acre tract of land out of the William Scott Lower
League, Abstract No. 65, Harris County Texas, and being out of and
a part of a 1541 acre tract of land conveyed to Ashbel Smith Land
Company by B. W. Armstrong, et al, by deed dated November 29, 1935,
and recorded in Volume 996 at Page 379 of the Deed Records of
Harris County, Texas; such 192.9755 acre tract of land being more
particularly described by metes and bounds as follows, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS
DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE"STATE
OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND
BOUNDS DESCRIPTION.
BEGINNING at a 1/2 inch iron rod set for the East corner of this
tract of land at the intersection of the Northwest right of way
line of Evergreen Road, 60 foot right of way, and the West right of
way line of Tri City Beach Road, 80 foot right of way. This corner
has a State Plane Coordinate Value of Y = 704,759.64 and
X = 3,284,462.24.
THENCE South 48 deg 04 min 31 sec West with the Southeast line of
this tract and the Northwest right of way line of Evergreen Road a
distance of 848.77 feet to a 1/2 inch iron set for a corner of this
tract and the East corner of a 27.7906 acre tract of land surveyed
this day;
EXHIBIT "A"
Page 1 of 8
THENCE in a Northwesterly and Southwesterly direction with the
Southeast line of this tract and the Northwest line of said 27.7906
acre tract of land the following courses and distances:
North 41 deg 55 min 29 sec West 201.80 feet to 1/2 inch iron
rod;
North 48 deg 04 min 31 sec East 120.00 feet to 1/2 inch iron
rod;
North 41 deg 55 min 29 sec West 286.29 feet to 1/2 inch iron
rod;
North 84 deg 16 min 36 sec West 462.80 feet to 1/2 inch iron
rod;
North 75 deg 27 min 28 sec West 285.17 feet to 1/2 inch iron
rod;
South 37 deg 19 min 05 sec West 281.60 feet to 1/2 inch iron
rod;
South 42 deg 43 min 37 sec West 685.70 feet to 1/2 inch iron
rod;
South 11 deg 49 min 04 sec West 856.72 feet to 1/2 inch iron
rod; and
South 81 deg 35 min 42 sec East 121.66 feet to 1/2 inch iron
rod set for a corner of this tract and the most Southern South
corner of said 27.7906 acre tract on a nontangent curve to the
left concave Northeast;
THENCE with the Southeast line of this tract and the Northwest line
of said 27.7906 acre tract of land and said curve to the left
having a central angle of 50 deg 21 min 20 sec, a radius of 231.79
feet, a length of 203.71 feet and a chord bearing and distance of
South 16 deg 44 min 49 sec East 197.22 feet to a 1/2 inch iron rod
for the point of tangency of this curve and a corner of this tract
and a corner of said 27.7906 acre tract of land;
EXHIBIT "A"
• Page 2 of 8
THENCE South 41 deg 55 min 29 sec
•
this tract and the Northwest line
land a distance of 172.54 feet to
corner of this tract and a corner
land in the Northwest right of way
7-ast with the Southeast line of
of said 27.7906 acre tract of
a 1/2 inch iron rod set for a
of said 27.7906 acre tract of
line of Evergreen Road;
THENCE South 48 deg 04 min 31 sec West with the Southeast line of
this tract and the Northwest right of way line of Evergreen Road a
distance of 1604.55 feet to a 1/2 iron rod set for the South corner
of this tract of land;
THENCE North 41 deg 46 min 15 sec West with the Southwest line of
this tract of land a distance of 387.84 feet to a 5/8 inch iron rod
set for the Southwest corner of this tract of land;
THENCE in a Northwesterly direction with the West line of this
tract of land the following courses and distances:
North 28 deg 22 min 50 sec East 857.91 feet a 3/4 inch iron
rod;
North 03 deg 03 min 30 sec East 360.18 feet a 3/4 inch iron
rod;
North 08 deg 25 min 45 sec West 780.82 feet a 5/8 inch iron
rod;
North 12 deg 12 min 35 sec East 598.86 feet a 5/8 inch iron
rod;
North 55 deg 20 min 10 sec East 924.01 feet a 5/8 inch iron
rod;
North 30 deg 58 min 10 sec West 577.16 feet a 5/8 inch iron
rod;
North 14 deg 37 min 06 sec East 799.25 feet a 5/8 inch iron
rod; and
EXHIBIT "A"
• Page 3 of 8
® North 04 deg 17 min 47 sec West 832.62 feet a 3/4 inch iron
rod set for the Northwest corner of this tract of land in the
South line of the Missouri Pacific Railroad Company 100 foot
right of way being a tract of land containing 11.56848 acres
called Parcel No. 2 in a deed from Ashbel Smith Land Company
to Missouri Pacific Railroad Company dated January 9, 1967,
and recorded at County Clerk's File Number C443456 of the
Official Public Records of Real Property of Harris County,
Texas;
THENCE South 87 deg 58 min 50 sec East with the North line of this
tract and the South line of the Railroad right of way a distance of
2199.80 feet to a 3/4 inch iron rod set for the Northeast corner of
this tract of land in the West right of way line of Tri City Beach
Road;
THENCE South 08 deg 13 min 35 sec East with the East line of this
tract and the West right of way line of Tri City Beach Road a
distance of 1694.41 feet to an iron rod found for the Southeast
corner of this tract of land and the Northeast corner of a 4.0727
acre tract of land conveyed to Houston Lighting and Power Company
by Ashbel Smith Land Company by deed dated April 27, 1967, and
recorded in volume 6770 at Page 168 of the Deed Records of Harris
County, Texas;
THENCE South 81 deg 49 min 10 sec West with the South line of this
tract and the North line of said 4.0727 acre tract of land a
distance of 350.00 feet to an iron rod found for an interior corner
of this tract of land and the Northwest corner of said 4.0727 acre
tract of land;
THENCE South 08 deg 10 min 50 sec East with the East line of this
tract and the West line of said 4.0727 acre tract of land a
distance of 450.00 feet to an iron rod found for an interior corner
of this tract of land and the Southwest corner of said 4.0727 acre
tract of land in the North line of a Houston Lighting and Power
Company Easement described as Second Tract in an instrument
recorded in Volume 7720 at Page 236 of the Deed Records of Harris
County, Texas;
EXHIBIT "A"
® Page 4 of 8
THENCE South 80 deg 12 min 40 sec East with the North line of this
tract, the North line of said Easement and the South line of said
4.0727 acre tract of land a distance of 367.95 feet to a 1/2 inch
iron rod found for a corner of this tract of land and the Southeast
corner of said 4.0727 acre tract of land in the West right of way
line of Tri City Beach Road; and
THENCE South 08 deg 10 min 50 sec East with the East line of this
tract of land and the West right of way line of Tri City Beach Road
a distance of 94.35 feet to the PLACE OF BEGINNING, containing
within said boundaries 192.9755 acres of land.
TRACT NO. II - 12.7608 ACRES
A 12.7608 acre tract of land out of the William Scott Lower League,
Abstract No. 65, Harris County Texas, and being out of and a part
of a 1541 acre tract of land conveyed to Ashbel Smith Land Company
by B. W. Armstrong, et al, by deed dated November 29, 1935, and
recorded in Volume 996 at Page 379 of the Deed Records of Harris
County, Texas; such 12.7608 acre tract of land being more
particularly described by metes and bounds as follows, to -wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES
REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS
DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE
OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES.
REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND
BOUNDS DESCRIPTION.
COMMENCING at a 1/2 inch iron rod set for the East corner of a
192.9755 acre tract of land surveyed this day at the intersection
of the Northwest right of way line of Evergreen Road, 60 foot right
of way, and the West right of way line of Tri City Beach Road, 80
foot right of way. This corner has a State Plane Coordinate Value
of Y = 704,759.64 and X = 3,284,462.24.
EXHIBIT "A"
® Page 5 of 8
THENCE South 48 deg 04 min 31 sec West with the Southeast line of
said 192.9755 tract and the Northwest right of way line of
Evergreen Road, at 848.77 feet to a 1/2 inch set for a corner of
said 192.9755 acre tract and the East corner of a 27.7906 acre
tract of land surveyed this day, in all a total distance of 908.77
feet to a 1/2 inch iron rod set for the East corner of this tract
of land and a South corner of said 27.7906 acre and the POINT OF
BEGINNING of this tract of land. This corner has a State Plane
Coordinate Value of Y = 704,152.51 and
X = 3,283,786.16;
THENCE South 48 deg 04 min 31 sec West with the Southeast line of
this tract of land and the Northwest right of way line of Evergreen
Road a distance of 1885.75 feet to a 1/2 inch iron rod set for the
South corner of this tract of land and an East corner of said
27.7906 acre tract of land;
THENCE North 41 deg 55 min 29 sec West with the Southwest line of
this tract and the Northeast line of said 27.7906 acre tract of
land a distance of 172.54 feet to a 1/2 inch iron rod set for a
corner of this tract of land and the point of curvature of a curve
to the right concave Northeast;
THENCE in a Northwesterly direction with the Southwest line of this
tract and the Northeast line of said 27.7906 acre tract of land and
said curve to the right having a central angle of 53 deg 44 min 33
sec, a radius of 171.79 feet, a length of 161.13 feet and a chord
bearing and distance of North 15 deg 03 min 13 sec West 155.29 feet
to a 1/2 inch iron rod set for a corner of this tract, a corner of
said 27.7906 acre tract and the point of tangency of said curve;
THENCE North 11 deg 49 min 21 sec East with the Southwest line of
this tract of land and the Northeast line of said 27.7906 acre
tract of land a distance of 12.03 feet to a 1/2 inch iron rod set
for the West corner of this tract of land and a corner of said
27.7906 acre tract of land;
THENCE North 45 deg 14 min 45 sec East with the Northwest line of
this tract and the Southeast line of said 27.7906 acre tract of
land a distance of 938.42 feet to a 1/2 inch iron rod set for a
corner of this tract of land and a corner of said 27.7906 acre
tract of land;
EXHIBIT "A"
Page 6 of 8
C.
•
THENCE North 63 deg 17 min 50
this tract and the Southeast
land a distance of 900.16 feet
North corner of this tract of
acre tract of land; and
sec East with the Northwest line of
line of said 27.7906 acre tract of
to a 1/2 inch iron rod set for the
land and a corner of said 27.7906
THENCE South 41 deg 55 min129 sec East with the Northeast line of
this tract and a Southwest line of said 27.7906 acre tract of land
a distance of 128.16 feet to the PLACE OF BEGINNING, containing
within said boundaries 12.7608 acres of land.
i
TRACT NO III - 4.072 ACRES
A 4.072 acre tract of land out of a 1541 acre tract of land in the
William Scott League No. 2, Abstract No. 65, in Harris County,
Texas, as described in Deed dated November 29, 1935, from B. W.
Armstrong, et al, to Ashbel Smith Land Company, as recorded in
Volume 996 at Page 379 of the Deed Records of Harris County, Texas,
said 4.072 acre tract being described by metes and bounds as
follows, all coordinates and bearing being referred to the Texas
Plane Coordinate System South Central Zone, as established by the
U. S. Coast and Geodetic Survey ("USC & GS "? in 1934 and based on
the position of USC & GS triangulation station "Evergreen 211: X =
3,280,379.16; Y = 701,077.70, to -wit:
BEGINNING at a point having coordinate X = 3,284,447.7; Y =
704,851.6 in the Westerly right -of -way line of Tri City Beach Road
at a point that is located N 8 deg 10 min 50 sec W, a distance of
94.3 feet from the intersection of said Westerly right -of -way line
with the Northwesterly right -of -way line of Evergreen Road,
THENCE from the point of beginning, N 8 deg 10 min 50 sec W, a
distance of 563.52 feet to a point for corner;
THENCE S 81 deg 49 min 10 iec W, a distance of 350 feet to a point
for corner;
EXHIBIT "A"
Page 7 of 8