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HomeMy WebLinkAboutORD 2007-90 - Airborn Reinvestment Zone*1RDINANCE NO, _ ♦ ' 1► AN ORDINANCE OF • OF OF GEORGETOWN,DESIGNATING • • GEOGRAPHIC ; ! AS BEING APPROXIMATELYACRES OUT OF ABSTRACT NO,1 IN WILLIAMSONCOUNTY, BEING A PORTIONOF • TO 's LONGHORN JUNCTION• !. 2006074656 OF THE WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS, AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AND BY SKETCH ON ATTACHMENTS TO THIS ORDINANCE, • FOR • ABATEMENT• TO CHAPTER 312 OF TEXAS TAX CODE; CONDITIONED ON ANNEXATION OF THE PROPERTY #CONTAINING PROVIDINGAND PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING 1:133114MI TI -MI 1111 WHEREAS, on September 11, 2007, the City Council of the City of Georgetown, Texas (the "City") proposed to enter into a property tax abatement agreement with Airborn, Inc. ("Airborn") to induce Airborne to create approximately 390 new jobs and to locate a connector manufacturing facility consisting of approximately 50,000 (+/-) square foot at a cost to Airborn of approximately $3,100,000 in the area described in Exhibits "A" and "B" attached hereto (the "Zone"); and WHEREAS, on September 11, 2007 the City Council of the City of Georgetown ("City") approved a resolution stating that the City intends to create the Zone and elects to become eligible to participate in a tax abatement pursuant to the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and WHEREAS, the City, on August 29, 2007 published notice of a public hearing on the creation of the Zone in the Williamson County Sun, a newspaper of general circulation in the City, and by letter dated August 31, 2007, provided written notice of the public hearing to the presiding officer of the governing body of each taxing unit that includes the property in the Zone, and such hearing was held on September 11, 2007 in compliance with the requirements of Section 312.201 of the Texas Tax Code; and Ordinance No. I AIRBORN REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2007-01 Page 1 of 7 WHEREAS, at the public hearing interested persons were allowed to speak for or against the designation of the Zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the proposed Zone and its boundaries under the provisions of Chapter 312, Texas Tax Code; and WHEREAS, no owner of real property in the proposed zone protested the inclusion of his property in the proposed Zone; and WHEREAS, the City Council of the City of Georgetown, Texas has determined that the creation of a reinvestment zone by the City, as authorized by the Act, is in the best interests of the Citv in accordance with Article VIII, Section 1-g of the Texas Constitution because (i) the area 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 (ii) without the Zone designation the area is and would remain predominantly open, underdeveloped and, because of obsolete platting, substantially impair the sound growth of the City; and WHEREAS, the City has provided all information, and made all presentations, given all notices and done all other things required by Chapter 312, Texas Tax Code, or other law as a condition to the creation of the proposed Zone; and WHEREAS, the City has not previously created any reinvestment zones on the subject Property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,TEXAS: SECTION 1 Findings. a) The City Council finds 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) The City Council further finds and declares that the proposed improvements to be constructed by Airborne in the Zone will significantly enhance the value of all the taxable property in the proposed zone and will be of general benefit to the City after the expiration of an agreement entered into under Section 312.204 of the Texas Tax Code. c) The City Council hereby determines that the creation of the Zone on and within the area that is described by metes and bounds on Exhibit A and by sketch on Exhibit B is in the best interests of the City in accordance with Article VIII, Section 1-g of the Texas Constitution, and further finds and declares that the proposed reinvestment zone meets the criteria and requirements of Section 312.202 of the Texas Tax Code Ordinance No. AIRBORN, INC. REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2007-01 Page 2 of 7 because (i) in light CNAI's representations to the City, the area 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 (ii) without the Zone, the area is and would remain predominantly open, underdeveloped and, because of obsolete platting, substantially impair the sound growth of the City; and d) The City Council further finds and declares that the creation of the Zone is in conformance with the following Policy Statements in the City's Century Plan: 1.0 The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. 9.0 Citizens and commercial goods move safely and efficiently throughout all parts of the City. 10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense of place and a positive, identifiable image, at a cost which is consistent with other city social and economic priorities. 13.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided. 15.0 The City manages its resources in a sound and fiscally conservative manner. The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statements - Goals and Strategies: SECTION 2 Designation of the Zone. That the City, acting under the provisions of Chapter 312, Texas Tax Code, including Section 312.201 does hereby designate as a reinvestment zone, and create and designate a reinvestment zone over, the area described on Exhibit "A" by metes and bounds, and shown by sketch on Exhibit "B". to promote the redevelopment of the area. Exhibits "A" and `B" are incorporated herein by reference for all purposes as if set forth in full. The reinvestment zone shall hereafter be named for identification purposes as the Reinvestment Zone No. 2007-01 (the "Zone"), SECTION 3 Duration of the Zone. That the Zone shall take effect immediately upon the passage and approval of this Ordinance if the Property described in Exhibits "A" and "B" has been annexed into the corporate boundaries of the City on or before the effective date of this Ordinance; or shall take effect upon annexation of the Property described in Exhibits "'A" and "B" into the corporate boundaries of the City, whichever is later, provided that no Zone shall be created if the Property described in Exhibits "A" and "B" is not annexed into the corporate boundaries of the City. Termination of the Ordinance No. AIRBORN, INC. REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2007-01 Page 3 of 7 operation of the Zone shall occur on five (5) years after the date of its designation, except that it may be renewed for periods not to exceed five years, and the expiration of the designation does not affect an existing tax abatement agreement made under the Property Redevelopment and Tax Abatement Act, pursuant to Section 312.203 of the Texas Tax Code. SECTION 4 Economic Development. The City Council hereby finds that the creation of the Zone constitutes a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 5 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 6 Regular Open Meeting. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the regular meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7 Effective Date. This Ordinance shall become effective immediately upon its final passage. Ordinance No. AIRBORN, INC. REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2007-01 Page 4 of 7 READ, CONSIDERED, PASSED AND APPROVED ON FIRST READING by the City Council of Georgetown at a regular meeting on the e day of ' 2007, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code. READ, CONSIDERED, PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of Georgetown at a regular meeting on the IA day of 4 emb,5r, 2007, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code. ATTEST: Sandra D. Lee Gary T City Secretary Mayor APPROVED AS TO FORM: Patricia E. Carls City Attorney GEORGETOWN: Ordinance No. AIRBORN, INC. REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2007-01 Page 5 of 7 EXHIBIT "A" Approximately 21.18 Acres out of the Lewis Dyches Survey, Abstract No. 180 in Williamson County, Texas, being a portion of a 122.19 acres conveyed to H.B. Longhorn Junction Phase III L.P. in Document No. 2006074656 of the Williamson County Texas Official Records, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the South terminus of the centerline of Blue Ridge Drive as dedicated by the plat of Blue Ridge Drive, a subdivision recorded in Cab. CC Slide 346 of the Williamson County, Texas Plat Records, also being on the West line of a 94.1189 acre tract conveyed to Williamson County, Texas in Doc. No. 2001021470 of the Williamson County, Texas Official Records, also being the Northwest comer of the said 122.19 acre tract for the Northwest comer of this tract and the POINT OF BEGINNING. THENCE N 68'46'04" E with the North line of said 122.19 acre tract, at 37.50 feet pass the Southwest comer of Lot I Block A Project Lonestar Subdivision, a subdivision recorded in Cab. CC Slide 349351 of the Williamson County, Texas Plat Records, continuing with the South line of said Lot I, in all a distance of 2301.59 feet to a point being the Northeast comer of this tract, and from which the Southeast comer of said Lot I Block A bears N 68'46'04" E, 4.82 feet THENCE through the interior of said 122.19 acre tract the following four (4) courses: 1) S 27" 48' 55" E, 222.00 feet to a point. 2) S48"35' 15" E, 31.92 feet to a point. 3) S 57141' 09" E, 51.66 feet to a point. 4) S 43" 10' 19" E, 564.99 feet to a point on the South line of said 122.19 acre tract also being on the North line of a 7.277 acre tract conveyed to Celeste Lamberth in Doc. No. 2004064883 of the Williamson County, Texas Official Records, THENCE S 68" 2748" W, with the South line of said 122.19 acre tract and the North line of said 7.277 acre tract, a 3.05 acre tract conveyed to Werner Hahn in Vol. 2338 Pg. 802, a 6.856 acre tract conveyed to J. Standford in Vol. 1594 Pg. 735 and a 10.09 acre tract conveyed to William Mitchell in Vol. 701 Pg. 823 all of the Williamson County, Texas Official Record, 1152.11 feet to a point being the most Southerly Southwest comer of this tract. THENCE through the interior of said 122.19 acre tract the following three (3) courses: 1) N 210 13' 56" W, 820.63 feet to a point. 2) N66' 13' 56"W, 141.42 feet to a point. 3) S 68" 46' 04" W, 1326.55 feet to a point on the East line of the said Williamson Countv 94.1189 acre tract, being the most Westerly Southwest comer of this tract. THENCE N 21" 15'27" W, with the East line of the said Williamson County 94.1189 acre tract, 75.00 feet to the POINT OF BEGINNING and containing 21.18 acres of land more or less. 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