HomeMy WebLinkAboutOrdinance - 9563-1992 - Reinvestment Zone Authorized By V.T.C.A. Tax Code Section 312.201 - 10/22/1992First Reading
October 22, 1992
Item #31
Second Reading
November 12, 1992
Item 113
ORDINANCE NO. 9563
AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF
LUBBOCK AS AUTHORIZED BY V.T.C.A., TAX CODE, SECTION 312.201; DESCRIBING
THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT; ACKNOWLEDGING THAT A PUBLIC HEARING
WAS HELD PRIOR TO ADOPTION OF THIS ORDINANCE; MAKING FINDINGS AS REQUIRED
BY SECTION V OF THE GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR All
TAXING UNITS CONTAINED IN LUBBOCK COUNTY AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, Mclane Company, Inc. and subsidiaries, Mclane Foodservice-
Lubbock, Inc. did heretofore file an application with the City of Lubbock
for tax abatement and certain real property and improvements to be
constructed therein contained within Tract 6, Planters Industrial Park
Addition to the City of Lubbock; and
WHEREAS, there is at present no current reinvestment zone in existence covering the above described property; and
WHEREAS, Section VII(2)(m) of the Guidelines for Tax Abatement,
adopted by City Council Resolution 3518, provide that when an application
for tax abatement is received and there exists no current reinvestment zone
applicable to the real property described in said application that under
such circumstances the application so received shall be treated as both an
application to create a reinvestment zone and for tax abatement; and
WHEREAS, the City Council of the City of Lubbock may only abate taxes on property within a reinvestment zone; and
WHEREAS, the City Council of the City of Lubbock did by Resolution
No. 3990 adopted on the 22nd day of October, 1992, did call a public
hearing to allow interested parties to speak and present evidence as to
whether a reinvestment zone should or should not be created; and
WHEREAS, the City Secretary did cause publication of the subject
date, time and place of said public hearing to be made in the Lubbock
Avalanche-Journal; and
WHEREAS, the City Secretary did cause notice of the subject date,
time and place of said public hearing to be delivered to each of the
presiding officers of the governing body of each taxing unit within the
area of the proposed reinvestment zone; and
WHEREAS, the City Council did hold a public hearing on the 22nd day
of October, at 11:30 o'clock a.m. to consider the establishment of a
reinvestment zone within and upon the real property contained in Tract 6,
Planters Industrial Park Addition to the City of Lubbock; and
WHEREAS, at said public hearing all interested persons were allowed
to speak and present evidence as to whether or not the City Council should
establish a reinvestment zone within and upon the above described real
property; and
WHEREAS, the City Council, at the conclusion of the above mentioned
public hearing, did make the following findings:
(a)
(b)
(c)
(d)
That the designation of Tract 6, Planters Industrial Park
Addition to the City of Lubbock as a reinvestment zone will be
reasonably likely to contribute to the retention and expansion
of primary employment, would be a benefit to the property
within the zone and directly contribute to the economic
development within the City of Lubbock; and
That the improvements proposed to be added to the real property
within the reinvestment zone are feasible and practical; and
That the improvements proposed to be added to the real property
within the zone will be a benefit to the land to be included
within the zone and will be of benefit to the City of Lubbock
after the expiration of any agreement to abate taxes on said
improvements; and
That the applicant for tax abatement has met the burden in
providing testimony and evidence before the City Council on all
of the findings set forth in subparagraphs (a), (b) & (c).
WHEREAS, the City Council of the City of Lubbock further finds that
the proposed reinvestment zone meets the criteria for reinvestment zones as
set forth in V.T.C.A., Tax Code Section 312.202(a)(c); and
WHEREAS, it is in the best interest of the citizens of the City of
Lubbock that the City Council establish a reinvestment zone within and upon
the real property located in Tract 6, Planters Industrial Park Addition to
the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the applicant (Mclane Company, Inc. and
subsidiaries, Mclane Foodservice-Lubbock, Inc.) has met all of the
requirements for the establishment of a reinvestment zone as set forth in the guidelines and criteria governing tax abatement for all taxing units
contained within Lubbock County as adopted by the City Council in
Resolution No. 3518.
SECTION 2. THAT the City Council did enter affirmative findings to the issues set forth in Section V(6) of the guidelines adopted by
Resolution No. 3518 and have set said finding forth in the preamble of this
Ordinance and do hereby adopt said finding as heretofore set forth in this
Ordinance as if fully copied at length herein.
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SECTION 3. THAT by and under the authority of V.A.T.C., Tax Code
Section 312.201 the City Council of the City of Lubbock does hereby
designate the following described area and property as a reinvestment zone
for commercial-industrial use:
Tract 6, Planters Industrial Park Addition to the City of
Lubbock, Lubbock County, Texas
SECTION 4. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected
thereby.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 22nd day of October
1992.
Passed by City Council on second reading this 12th day of November
1992.
ATTEST:
us ness e ations
APPROVED AS TO FORM:
~ c,02-i. J~oss, Jr., cH/tto
JCRda/ AGENDA-D3/llEVSTZNE.ord
Octobor 13, 1991
-3 -
Y) . ' ~
DAVt~7J
AN ORD1NANS:E AMENO•
ING ZONING ORDINANCE NO. 10U AND THE OFFICIAL MAP OP THE CITY OP LUBIOC:IC MAKING 1:HE FOLLOWING
CHANGES: ZONE CASE NO. 211 .. 11 A ZONING CHANGE f'R04Hl·I
TO R•1 IPECIPIC USE POR GAR•
Ot:N HOMES ON LOTS 7'f.774, LAKERIOGE COUNTRY CLUB ESTATES ADDITION, LUBBOCK,
TEXASr l'ROVIOING A l'ENAL•
TY; l'llOVIDING A SAVINGS
I CLAUSE AND l'ROVIDING POR l'UII.ICATION.
I '· ORDINANCE NO, 9$60
AN ORDINANCE AMEND•
ING ZONING ORDINANCE NO. ~ ANO THE OFFICIAL MAP OF
THE CITY OP LUIIOCIC MAIC•
ING THE f'OLLOWING CHANGES: ZOl\11 CASE NO. zm. Ar A ZONING CHANGE f'ltOM It• I ANO M-l TO C:.. SPECIFIC USE trOR AN IIIV STORAGE LOT ON
TRACT A, FARM DISCOUNT
STORE AOOITION AND A TRACT
OUT OP SECTION f, 11.0CK A. LUl80C:K. TEXAS1 SUIJECTTO CONOITIONS1 PROVIDING A l'ENALTY1 PII.OYIOING A IAV•
INGS CLAUSE ANO PROVIDING
f'OA PUBLICATION.
ORDINANCE NO. "61
AN OROINANCE AMEND• ING ZONING 011.0INANC:E NO. JIIU AND THE OFf'ICIAL MAP OF THE CITY OF LUIIOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1«!2-
D1 A ZONING CHANGE "ROMC· 1:S~~0Tt0la1i8S1ti ~~ TRACTS CUT OF SECTION 26, ILOC:K 1·2. l.UIBOC:K, TE.lCAS1 IU8JECT TO CCNOITIONS1
PROVIDING A PENAL TY1 PRO.
VIDING A SAVINGS CLAUSE
AI\IO IHOVIDING FOR PU8LICA• TION.
ORDINANCE NO:t562
AN ORDINANCE AMEND•
ING ZONING ORDINANCE NO. 111M ANO THE OFl'ICIAL MAP OF THE CITY OP LU810CI<, MAl<ING THE POI.LOWING
CHAMGES: ZONE CASE NO. 1121• t D; A ZONING CHANGE "ROM fl• 1 TO a., sPec,.,1c use FOR I TOWNHOUSE/GARDEN HOMES ON LOTS l•A ANO 3•1·1 THROUGH 6•A•l, IIUCHMOND
Pl.ACE ADDITION, LUBBOCK, T£XAS1 f'ROVIDING A PENAL•
TY; PROVIDING A SAVINGS CLAUSE AND PROVIDING l'OR PUBLICATION.
ORDINANCE NO. f558
AN ORDINANCE AIIAN00N,.
ING ANO CLOSING A TRANS• FORMER. PAO EASEMENT Lo. CATED IN PHEASANT RUN A0-DITION TO THE CITY OF LUI•
80CIC. LUBBOCK COUNTY, TEX•
AS. ANO .MORE PARTICUURL Y
OEICRIBEO IN THE IODY OF
THIS OROINANCE1 DIRECTING
THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAIO A8AN-OONMENT AND CLO$ING1 PRO-VIDING A SAVINGS CLAUSE;
ANO PROVIDING "OR PUILl(A. TION.
ORDINANCE NO. t563
AN ORDINANCE oellGNAT• ING A REINVESTMENT ZONE WITHIN T£ CITY OF LUIIIOCK
AS AUTHORIZED IV V.T.C.A.,. TAX CODE, SECTION 112.201;
OESCRl81NG THE •OUNOA• RIES OF SAID ZONE; DESCRII•
ING THE ELIGIIII.ITY 01" SAID
ZONE FOR COMMERCIAL•IN· OUSTRIAL TAX AIATEMl!!NT; ACKNOWLEDGING THAT A PUBLIC HEARING WAS HELD
PRIOR TO ADOPTION OF THIS
ORDINANCE; MAKING "IND•
INGS AS REQUIRED IV SEC:• t
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