Ordinance No. 9,197ORDINANCE NO. 9197
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE
CITY OF BAYTOWN AS REINVESTMENT ZONE NUMBER ONE, CITY OF
BAYTOWN, FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO
CHAPTER 311 OF THE TEXAS TAX CODE; CREATING A BOARD OF
DIRECTORS FOR SUCH ZONE; CONTAINING FINDINGS AND PROVISIONS
RELATED TO THE REINVESTMENT ZONE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City of Baytown (the
"City ") may designate a contiguous geographic area within the City as a reinvestment zone if the area
satisfies the requirements of certain sections of Chapter 311 of the Texas Tax Code; and
WHEREAS, the City Council has prepared a preliminary reinvestment zone financing plan,
which provides that the City of Baytown's ad valorem taxes are to be deposited into the tax
increment fund, and that taxes of other taxing units may be utilized in the financing of the proposed
zone; and
WHEREAS, a copy of the preliminary plan was sent to the governing body of each taxing
unit that levies taxes on real property in the proposed zone as soon as the plan was completed; and
WHEREAS, the City Council provided written notice to the governing body of all taxing
units levying taxes on property in the proposed zone of its intent to establish the proposed zone,
which notice contained a description of the proposed boundaries of the zone, the tentative plans for
the development or redevelopment of the zone and an estimate of the general impact of the proposed
zone on property values and tax revenues; and
WHEREAS, the City Council additionally provided written notice of the public hearing on
the creation of the proposed zone, complying with the requirements of Chapter 311, Texas Tax
Code, to the governing body of all taxing units levying taxes on property in the proposed zone; and
WHEREAS, a notice of the requisite public hearing on the creation of the proposed zone and
its benefits to the City of Baytown and to the property in the proposed zone was published on July 6,
2001, in the Baytown Sun, a newspaper of general circulation in the City; and
WHEREAS, at the public hearing on July 26, 2001, interested persons were allowed to speak
for or against the creation of the proposed zone, its boundaries, and the concept of tax increment
financing; and owners of property in the proposed zone were given a reasonable opportunity to
protest the inclusion of their property in the proposed zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
® creation of the proposed zone under the provisions of Chapter 311, Texas Tax Code, and no one
appeared or presented evidence in opposition to the creation of the proposed zone; and
® WHEREAS, no owner of real property in the proposed zone protested the inclusion of his/her
property in the proposed zone; and
WHEREAS, the City has timely provided all information, and made all presentations, given
all notices and done all other things required by Chapter 311, Texas Tax Code, or other law as a
condition to the creation of the proposed zone; and
WHEREAS, the total appraised value of taxable real property in the proposed zone, and in
the City's existing reinvestment zones, does not exceed fifteen percent of the total appraised value of
taxable real property in the City and in the industrial districts created by the City; and
WHEREAS, the total appraised value of taxable real property taxable by Harris County, in
which the proposed zone is located, is approximately $51,353,700; and
WHEREAS, the total appraised value of real property taxable by the Goose Creek
Independent School District, in which the proposed zone is located, is $51,353,700; and
WHEREAS, the total appraised value of real property taxable by the Lee Community College
District, in which the proposed zone is located, is $51,353,700; and
WHEREAS, the total area within the proposed zone is approximately 400 acres, excluding
property that is publicly owned; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1. Findings.
(a) That the facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct and are adopted as part of this Ordinance
for all purposes.
(b) That the City Council further finds and declares that the proposed improvements in
the zone will significantly enhance the value of all the taxable real property in the
proposed zone and will be of general benefit to the City.
(c) That the City Council further finds and declares that the proposed zone meets the
criteria and requirements of Section 311.005 of the Texas Tax Code because the
proposed zone contains a predominance of defective or inadequate sidewalk and
street layout; faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; the deterioration of site and other improvements; economic
disinvestments, is substantially open, vacant, and lack public water distribution,
wastewater collection and storm drainage facilities, which conditions substantially
® impair and arrest the sound growth of the City.
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0 (d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax Code,
further finds and declares:
(1) That the proposed zone is a contiguous geographic area located wholly
within the corporate limits of the City of Baytown;
(2) That not more ' than 10 percent of the property in the proposed zone,
excluding property that is publicly owned, is used for residential purposes;
(3) That the total appraised value of taxable real property in the proposed zone,
and in the City's existing reinvestment zones, does not exceed fifteen percent
of the total appraised value of taxable real property in the City and in the
industrial districts created by the City;
(4) That the proposed zone does not contain more than fifteen percent of the total
appraised value of real property taxable by Harris County, the Goose Creek
Independent School District, and the Lee Community College District; and
(5) That the development or redevelopment of the property in the proposed zone
will not occur solely through private investment in the reasonably foreseeable
future.
Section 2. Designation of the Zone
That the City Council, acting under the provisions of Chapter 311, Texas Tax Code,
including Section 311.005(a), does hereby designate as a reinvestment zone, and create and designate
a reinvestment zone over, the area described in Exhibit "A" and depicted in the map attached hereto
as Exhibit "B" to promote the redevelopment of the area. Exhibits "A" and "B" are incorporated
herein by this reference for all intents and purposes. The reinvestment zone shall hereafter be named
for identification as Reinvestment Zone Number One, City of Baytown (the "Zone "). The City
Council specifically declares that the Zone is designated pursuant to Section 311.005(a)(1) and (2) of
the Texas Tax Code.
Section 3. Board of Directors
That there is hereby created a Board of Directors for the Zone, which shall consist of nine (9)
members. Positions One through Six on the Board of Directors shall be reserved for the City.
Positions Seven, Eight and Nine shall be reserved for Harris County, Goose Creek Consolidated
Independent School District and Lee College, respectively, each of whom may appoint one director.
Failure of a taxing unit to appoint a director by January 1, 2002, shall be deemed a waiver of the
right to appoint a director, and the City shall be entitled to appoint persons to those positions.
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® The City Council is hereby authorized to nominate and appoint the directors to Positions One
through Six of the Board of Directors, at any time it deems necessary. City Council may nominate
and appoint the directors to any position unfilled on January 1, 2002, including positions created by
the failure a taxing unit levying taxes within the Zone, to appoint a director by January 1, 2002.
C.
The directors appointed to odd - numbered positions shall be appointed for two -year terms,
beginning on the effective date of this Ordinance, while the directors appointed to even - numbered
positions shall be appointed to a one -year term, beginning on the effective date of this Ordinance.
All subsequent appointments shall be for two -year terms. Each year the City Council shall appoint
one member of the board to serve as chairman for a term of one year that begins on January 1 of the
following year. The City Council authorizes the Board of Directors to elect from its members a
vice - chairman and such other officers as the Board of Directors considers appropriate.
The Board of Directors shall make recommendations to the City Council concerning the
administration of Chapter 311, Texas Tax Code, in the Zone. The Board of Directors shall prepare
and adopt a project plan and a reinvestment zone financing plan for the Zone as described in Section
311.011, Texas Tax Code, and shall submit such plans to the City Council for its approval. The City
hereby delegates to the Board of Directors all powers necessary to prepare and implement the project
plan and reinvestment zone financing plan, subject to approval by the City Council, including the
power to employ any consultants or enter into any reimbursement agreements payable solely from
the Tax Increment Fund established pursuant to Section 6 of this Ordinance, subject to the approval
of the City Manager, that may be reasonably necessary or convenient to assist the Board of Directors
in the preparation of the project plan and reinvestment zone financing plan and in the issuance of tax
increment obligations.
Section 4. Duration of the Zone
That the Zone shall take effect immediately on the passage of this Ordinance and shall
terminate on December 31, 2030, or at an earlier time designated by subsequent ordinance, or at
such time, subsequent to the issuance of tax increment bonds, if any, that all project costs, tax
increment bonds, notes and other obligations of the Zone, and the interest thereon, have been paid in
full.
Section 5. Tax Increment Base
That the Tax Increment Base of the City or any other taxing unit participating in the Zone for
the Zone is the total appraised value of all real property taxable by the City or other taxing unit
participating in the Zone and located in the Zone, determined as of January 1, 2001, the year in
which the Zone was designated as a reinvestment zone (the "Tax Increment Base ").
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Section 6
Tax Increment Fund
That there is hereby created and established a Tax Increment Fund for the Zone which may be
divided into subaccounts as authorized by subsequent ordinances. All Tax Increments, as defined
below, shall be deposited in the Tax Increment Fund. The Tax Increment Fund and any subaccount
shall be maintained at the depository bank of the City and shall be secured in the manner prescribed
by law for funds of Texas cities. The annual Tax Increment shall equal the property taxes levied by
the City and any other taxing unit participating in the Zone for that year on the captured appraised
value, as defined by Chapter 311 of the Texas Tax Code, of real property located in Zone that is
taxable by the City or any other taxing unit participating in the Zone, less any amounts that are to be
allocated from the Tax Increment pursuant to Chapter 311 of the Texas Tax Code. All revenues
from the sale of any tax increment bonds, notes or other obligations hereafter issued for the benefit of
the Zone by the City, if any; revenues from the sale of property acquired as part of the project plan
and reinvestment zone financing plan, if any; and other revenues to be used in the Zone shall be
deposited into the Tax Increment Fund. Prior to the termination of the Zone, money shall be
disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code,
for the Zone, to satisfy the claims of holders of tax increments bonds or notes issued for the Zone, or
to pay obligations incurred pursuant to agreements entered into to implement the project plan and
reinvestment zone financing plan and achieve their purpose pursuant to Section 311.010(b) of the
Texas Tax Code.
Section 7. Severability
If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the
application of same to any person to set circumstances, is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining provisions of this Ordinance or their application to other
persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion hereof or regulations connected herein shall become
inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof,
and all provisions of this Ordinance are declared severable for that purpose.
Section 8. Effective Date.
This ordinance shall take effect immediately from and after its passage by the City Council of
the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 9th day of August, 2001.
Ile" C'
PETE C. ALFARO, ayor
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ATTEST:
4wly,. SMITH, City Clerk
APPROVED AS TO FORM:
CICAACIO RAMIREZ, SR., Cit Attorney
wc:kll1272 \City Council\OrdinancesTroposed "rIRZC real ionOrd(7- 31- 01)Clean'
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• PRELIMINARY DESCRIPTION OF:
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS
Of 350 Acres of land lying in the G. C. DAVIS Survey, Abstract No. 1472, W.C.R.R. Co. Survey, Abstract No.
899, and the T. PATCHING Survey, Abstract No. 620, near Baytown, in Harris County, Texas, said 350 Acre
tract is more particularly described by metes and bounds as follows:
BEGINNING, at the intersection of the South Right -of -Way of Interstate Highway 10 and East Right -of -Way of
Garth Road;
THENCE Southwesterly, along a cutback corner at the intersection of the East Right -of -Way of said Garth Road
and the South Right -of -Way of said Interstate Highway 10, a distance of 51 feet to a point for corner;
THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2898 feet to a point for
corner;
THENCE Westerly, crossing said Garth Road, a distance of 3239 feet to a point for corner;
THENCE Northerly, a distance of 1853 to a point for corner;
THENCE Westerly, a distance of 359 feet to a point for comer;
THENCE Northerly, a distance of 1203 feet to a point for comer;
THENCE Easterly, along the South Right -of -Way of said Interstate Highway 10, a distance of 3695 feet to a
point for comer;
THENCE Northerly, crossing the Right -of -Way of Said Interstate Highway 10, a distance of 304 feet to a point
for corner:
THENCE Northeasterly, along a cutback at the intersection of the West Right -of -Way of said Garth Road and
the North Right -of -Way of said Interstate Highway 10, a distance of 77 feet to a point for comer;
THENCE Northerly, along the West Right -of -Way of said Garth Road, a distance of 613 feet to a point for
comer;
THENCE Westerly, a distance of 661 feet to a point for corner;
THENCE Southerly, a distance of 219 feet to a point for corner;
THENCE Westerly, a distance of 1059 feet to a point for comer;
THENCE Southerly, a distance of 22 feet to a point for comer;
THENCE Westerly, a distance of 110 feet to a point for corner;
THENCE Northerly, along the East line of LAKE P.U.D., same being the City Limits of Baytown, a distance of
2280 feet to a point for comer;
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THENCE Easterly, along the North line of EASTPOINT, according to. the Map or Plat thereof recorded in
Volume 115, Page 337, H.C.M.R., at a distance of 1824 feet pass the West Right -of -Way of said Garth Road,
and continuing in all a distance of 1904 feet to a point for corner;
THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2954 feet to a point for
corner;
THENCE Southeasterly, along the cutback corner at the intersection of the East Right -of -Way of said Garth
Road and the North Right -of -Way of said Interstate Highway 10, a distance of 71 feet to a point for corner;
THENCE Southerly, crossing the said Interstate Highway 10, a distance of 304 feet to the POINT OF
BEGINNING, containing within these calls 350 Acres of land.
WITNESS MY HAND AND SEAL THIS THE DAY OF 12001.
Donald K. Hall Registered Professional Land Surveyor No. 4070
•
C.
THE CITY COUNCIL MEETING FOR JULY 26, 2001, THERE WERE ONLY
RESOLUTIONS CONSIDERED. NO ORDINANCES WERE PRESENTED FOR
CONSIDERATION.
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