At the Aug. 26 Navasota City Council meeting, council met in Executive Session as permitted by Section 551.087, Texas Government Code, to consider a request from developer Jim Kolkhorst for incentives to assist with improvements to his businesses in the 1600 block of E. Washington. Reconvening in open session, council approved a Chapter 380 agreement with Kolkhorst not to exceed $20,000 for the next five years, with improvements approved by the city and completed by Kolkhorst. The agreement allows Kolkhorst to utilize a portion of the sales tax generated from the Burger King restaurant to apply to overall improvements to his buildings in the Subway block.
According to state comptroller’s office, “Chapter 380 of the Local Government Code authorizes municipalities to offer incentives designed to promote economic development such as commercial and retail projects. Specifically, it provides for offering loans and grants of city funds or services at little or no cost to promote state and local economic development and to stimulate business and commercial activity.”
Kolkhorst proposes façade improvements, construction of a dumpster enclosure for Subway, as well as sidewalk and lighting improvements.
During public comments on this agenda item, citing the business development at N. Post Oak Street at Washington Avenue, resident Gary Newton said that deed restrictions for the Jones Addition state it is for residential development only. Newton lives on Ivy Street in the Jones Addition.
He asked if properties in that addition, such as at N. Post Oak at Washington, are covered by deed restrictions, and if not, why not? Newton also asked if it can be verified that the procedures carried out by Kolkhorst and the Shive heirs to change the deed restrictions were correctly followed.
City legal co unsel Cary Bovey said, “State law is specific that deed restrictions are not enforceable by cities except under certain situations. Navasota has zoning so when a city has zoning, the city cannot enforce deed restrictions. If the city didn’t have zoning, there would be some hoops to jump through if the city did want to enforce deed restrictions. The city is not legally able to enforce those deed restrictions.”