R-2017-227 2017-11-13RESOLUTION NO. 2017-[ Z] .7
RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF
DEVELOPMENT AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT
REVENUE BONDS, SERIES 2017; MAKING CERTAIN FINDINGS RELATED TO THE.
BONDS AND CONTAINING OTHER PROVISIONS RELATED THERETO
STATE OF TEXAS
COUNTIES OF BRAZORIA, FORT BEND AND HARRIS
CITY OF PEARLAND
WHEREAS, by City Ordinance No. 891, the City of Pearland, Texas (the "City") created
Reinvestment Zone Number Two, City of Pearland, Texas (the "Zone") pursuant to Chapter 311,
Texas Tax Code (the "TIRZ Act"); and
WHEREAS, by Resolution No. 2004-107 adopted by the City Council of the City on
June 28, 2004, the City authorized the creation of the Development Authority of Pearland (the
"Authority") as a local government corporation pursuant to Subchapter D of Chapter 431, Texas
Transportation Code (the "LGC Act"), to aid, assist and act on behalf of the City in the
performance of the City's governmental and proprietary functions with respect to the common
good and general welfare of the Zone; and
WHEREAS, by City Ordinance No. R2004-170, the City authorized an agreement with
the Zone and the Authority (the "Tri -Party Agreement"), which sets forth, among other things,
the duties and responsibilities of the Authority, the City and the Zone as they relate to
reimbursements for Project Costs (as defined in the Indenture) in the Zone, and pursuant to
which the City and the Zone have agreed to pay the Authority on an annual basis certain of the
Tax Increments (as defined in the Indenture) then available in the Tax Increment Fund (as
defined in the Indenture); and
WHEREAS, the Tri -Party Agreement authorizes the Authority to issue bonds secured by
payments made to the Authority under the Tri -Party Agreement and further authorizes the
Authority to issue such bonds for the purpose of making developer reimbursements for Project
Costs only with the approval of the City; and
WHEREAS, the Authority has currently outstanding its $9,150,000 Tax Increment
Contract Revenue Bonds, Series 2013; $8,060,000 Tax Increment Contract Revenue Bonds,
Series 2014; $66,030,000 Tax Increment Contract Revenue and Refunding Bonds, Series 2015;
and $12,320,000 Tax Increment Contract Revenue Bonds, Series 2016; and
WHEREAS, the Authority desires to issue its Tax Increment Contract Revenue Bonds,
Series 2017 in the aggregate principal amount of $8,555,000 (the "Bonds") pursuant to a
resolution authorizing the issuance of the Bonds (the "Bond Resolution") adopted by the
Authority on November 13, 2017 and the Authority desires to use the proceeds from the sale of
such Bonds for the purposes of (1) paying Project Costs (which includes amounts owed to
HOU:3840985.3
developers under certain development agreements and the acquisition and the construction of
certain public works and public improvements within the Zone) and (2) paying costs of issuance
of the Bonds, all under and pursuant to the authority of the Act and all other applicable law; and
WHEREAS none of the proceeds of the Bonds shall be used for the purpose of paying or
otherwise providing for educational facilities, and
WHEREAS the City Council desires to approve the issuance of the Authority's Tax
Increment Contract Revenue Bonds, Series 2017; Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS THAT:
Section 1. Preamble. The facts and recitations set out in the preamble of this Resolution
are found to be true and correct and are hereby adopted and made a part hereof for all purposes.
Section 2. Approval of Bonds; Authorization of Agreements; Approval of
Reimbursements. City Council hereby approves the issuance of the Bonds by the Authority and
all reasonable agreements necessary in connection with the issuance of the Bonds, including
without limitation the following: the Private Placement Letter with Regions Capital Advantage,
Inc. (attached hereto as Exhibit A) and any and all other documents and agreements reasonable
and necessary for the Authority to issue the Bonds (collectively, the "Agreements"). City
Council hereby reconfirms its prior approval of certain developer reimbursements and
acknowledges that a portion of the proceeds from the sale of the Bonds will be used to make
such reimbursements.
Section 3. Approval of Bond Resolution. City Council hereby approves the Authority's
Bond Resolution authorizing the issuance of the Authority's $8,555,000 Development Authority
of Pearland Tax Increment Contract Revenue Bonds, Series 2017, a copy of which is attached
hereto as Exhibit B.
Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary
and other officers and agents of the City are hereby authorized and directed to do any and all
things necessary or desirable to carry out the provisions of this Resolution.
Section 5. Effective Date. This Resolution shall take effect immediately upon passage.
Section 6. Public Meeting. It is officially found, determined and declared that the
meeting at which this Resolution is adopted was open to the public and public notice of the time,
place and subject matter of the public business to be considered at such meeting, including this
Resolution, was given all as required by the Texas Government Code, Chapter 551, as amended.
2
HOU:3840985.3
PASSED AND APPROVED this 13th da of November, 2017.
ATTEST:
Sec/ ry
ity of earland, Texas
ow I 11114,,
o : '' or.
!�V
HOU:3840985.3
Mayo
City of Pearland
RESOLUTION NO. R2017-227
EXHIBIT A
Private Placement Letter
See Transcript Tab 2
A-1
HOU:3840985.2
RESOLUTION NO. R2017-227
EXHIBIT B
Bond Resolution
See Transcript Tab 5
B-1
Maria Rodriguez
From: Robert Upton
Sent: Wednesday, November 01, 2017 10:48 AM
To: Maria Rodriguez; 'Dedi Carson'
Cc: City Secretary's Office
Subject: RE: Neighborhood Request for an entrance into Oakshire Subdivision
Attachments: Carson-Oakshire median break-20170209.pdf
Ms. Carson,
Thank you for your inquiry. I am resending you the response that was sent to you in February 2017 about your previous
request for a median break. Upon further review our position is still the same as what was concluded in February. If you
have any questions please let me know.
Thank you
Robert Upton
Robert Upton Get Connected:
Director of Engineering I Engineering & Capital Projects 'R13 ra
City of Pearland 13519 Liberty Dr. I Pearland, TX 77581
P: 281.652.1641 I M: 281.387.3423
earlandtx.gov
From: Maria Rodriguez
Sent:Tuesday, October 24, 2017 4:45 PM
To: 'Dedi Carson'
Cc: Robert Upton; City Secretary's Office
Subject: RE: Neighborhood Request for an entrance into Oakshire Subdivision
Hi Dedi,
In response to your email below, please feel free to reach out to the City Engineer Robert Upton
@rupton@pearlandtx.gov or(281) 652-1641.
I have Cc'd him on this email.
Have a nice day.
Maria
Maria Rodriguez Get Connected:
Deputy City Secretary
City Secretary's Office .e
City of Pearland 13519 OMR
Liberty Dr I Pearland, TX
77581
1
P: 281.652.1840
pearlandtx.gov
From: Dedi Carson (mailto:dedilw@vahoo.com]
Sent: Monday,October 23, 2017 3:59 PM
To: Maria Rodriguez<MRodriguez@pearlandtx.Rov>
Subject: Neighborhood Request for an entrance into Oakshire Subdivision
Maria,
I have a question, I live in a new subdivision in Pearland, and we have no safe access entrance into and out of our
neighborhood, our residents including myself have called, emailed and sent letters to the City regarding this issue, but
nothing has been done. Our neighborhood is gathering names of all the residents and signing a Petition to give to the
City of Pearland regarding this problem that needs to be addressed. Please let me know where to send this Letter and
Petition once it is completed. We would like to get something done before someone gets hurt.
Thank you,
_Dedi Carson
Resident of Oakshire Neighborhood
2
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
of..\ Pfq City of Pearland
3519 Liberty Drive
ismistabin Pearland, Texas 77581
T ` " "1.5, Tel: 281.652.1732
,Fs,f.-1 g 9 a
pearlandtx.gov
February 9,2017
Ms.Dedi Carson
1819 Oak View Lane
Pearland,TX 77581
Subject: Oakshire Neighborhood
Traffic Calming Request
Dear Ms. Carson:
The City of Pearland Traffic Review Committee has reviewed this request to install a median opening at
the entrance of Long Oak Drive and Dixie Farm Road and is not recommending the installation of a median
opening.
The City recently reconstructed Dixie Farm Road several years ago and constructed the road in accordance
with the design. This design complied with the results of the Traffic Impact Analysis and the City's design
criteria. Dixie Farm Road is designated as a major thoroughfare and openings are spaced at a minimum of
600 feet. This is due to the speed design of the road and to allow for a more uninterruptable traffic flow
pattern. The openings that are in place comply with these requirements and the design criteria.
Additionally, during the design and construction of the development the land owner/developer was made
aware that a median opening would not be allowed.
Thank you again for your inquiry and if you have any questions please give me a call.
Sincerely,
_- ,- /
Robert D. Upton,P.E.
•
Director of Engineering
2
DATE: November 1, 2017 RECEIVED
TO: City of Pearland NOV 01 2017
FROM: Oakshire Subdivision, Pearland, TX 77581 CITY OF PEARLAND
CITY SECRETARY'S OFFICE
PETITION FOR MEDIAN ACCESS
Oakshire subdivision is a small 40 home neighborhood community in the City of
Pearland that was built in 2016. Our community is located on a very busy street. That street is
Dixie Farm Road, which is the only access street in and out of our neighborhood.
We have noticed a steady increase in street access safety in the last year as this
community is now all moved in. We have no access in either direction to our neighborhood
through the center median; we have to make U-turns constantly around the center median that
is on Dixie Farm Road just to go in either direction and have the same problem coming back
into our neighborhood.
This is causing multiple close call accidents with other vehicles and could even cause
fatal accidents because we do not have a safe access point to cross in or out. We have also
taken note that every other neighborhood and even some private homes have full access
through the center median on Dixie Farm Road to safely come and go in and out of their
neighborhoods and homes.
We have made numerous calls, sent multiple letters and emails from our neighborhood
residents regarding this issue to the City of Pearland since we've moved into this community.
To date, nothing is being done to help protect us from possible accident or street safety
hazards.
Unfortunately, we are now signing this Petition to demand the City of Pearland to make
an access entrance through the median in front of our Oakshire Community neighborhood
entrance to prevent someone being injured or killed in a car accident.
We are all very concerned as resident, so please consider this as a very serious matter;
we will inevitably have issues if something is not done to correct this problem soon. Please see
the attached Petition signed by every resident in this Oakshire Community asking for this
access entrance to be put in place as soon as possible.
Thank you,
The Residents of Oakshire
Enclosed —Signatures of all Oakshire Residents
1
l
1 1804 Long Oak Drive, Pearland, TX 77581 . Date:
u • - 1
Resident Signature: C460/ 04
2. 1806 Long Oak Drive, Pear'.and, TX 77581 Date:
Resident Signature: cTh
�4,.... 7 v • , 2 O 1 —
3. 1808 Long Oak Drive, Pearland,TX 77581 Date:
Resident Signatur
4. 1810 Long Oak Drive, Pearland, TX 77581 Date: /0/2
Resident Signature: Vst... r
5. 1812 Long Oak Drive, Pearland, T 77581 Date: /
/0/ ,2/20/-,
Resident Signature: ,iy
6. 1813 Long Oak Drive, Pearland, 77581 Date:
rob t(/IT
Resident Signature:
7. 1814 Long Oak D ' e, Pearland, TX 81 Date: (O. as 17
Resident Signature: ; 4
8. 1815 Long Oak Drive, Pearland, TX 77581 Date: /6/zgii.-7_
Resident Signature:
9: 1816 Long Oak\Drive,-Pearla d X 7 Date:
/0-c2q -17
Resident Signature: j/ '' O .
10. 1817 Long Oak Drive, Pearland, TX 77581 Date:
Resident Signature:
le — 2y` (�
11. 1818 Long Oak Drive, Pearland, TX 77581 Date: `w_ t
,ZZ_ T
Resident Signature:
12. 1819 Long O ive, Pear;. Date: .....,? z..._./7__
Resident Signature. ,�h
13. 1820 Long k Drive, Pearland, TX 77581 Date:.
- J O- -2 20!- 1
Resident Signature:
14. 1821 Long Oak Drive, Pe Jand, X 77581 Date: 10(Z /�1 7
Resident Signature: ! L
2
,
15 1822 Long Oak Drive, Pearland,`TX 77581 Date:
7
Resident Signature:
16. 1823 Long Oak Drive, Pearland, TX 77581 Date: I0 Lill ?
Resident Signature: ji,.. /adiy, 114)
17. 1824 Long Oak Drive, Pearland, TX 77581 Date:
Resident Signature:
18. 1826 LongOak Drive, Pearland, TX 77581 -L 7
Date:10 -Lk
Resid-• _ g . t , i� 4�/ (6 ^2 - / 7
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19. 1828 Long Oak Drive, Pe/and, T 7581 Date:,
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7
Resident Signature: cy
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20. 4002 Oak Grove Lane, Pearland, TX 77581 Date.
/0�2z /7
Resident Signature: 7 _• '!� 0
GOA r
21. 4004 Oak Grove Lane, Pearland, TX 581 Dater
Resident Signature: ' hi - , '' .
22. 4006 Oak Grove Lane, Pearland, TX 77581 Date:a , own
Resident Signature: �'c ji
23. . 4008:Oak Grove Lane, Pearland, TX 77581 Date: r ) . _fi
Resident Signature: F
24. 4010 Oak -• e Lane, Pearland, TX 77581 Date:
Resident Signature: c::),
25. 4012 Oak Grove Lane, Pearlan , TX 77581, Date:
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- Resident Signature: - -
51_1_1(
26. 1803 Oak View ane, Pear and, TX 77581 Date:
Resident Signature: ,Orb�•
JO/ 31 017
27. 1804 Oak View ane Pearland, TX 77581 Date.:
Resident Signature:
' 1,b /kilD•ft)tA&-- ' ' \L) 2,;' zon -
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- 28. 1805 Oak View Lane, P arland, TX 77581 Date: ID ? J//J
Resident Signature: 7 /d
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29. 1806 Oak View Lane, Pearland, TX 77581 Date:
:5 :: :t: ,
id ige t
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Pea nd, 77581 Date: I op
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Resident Signature: A72 \ lJt�
31. 1808 Oak View Lane, Pearland, TX 7 581 Date: lOI a
11
Resident Signature:
32. 1809 Oak View L arland, TX 77581 Date: / r /Z3 !7
Resident Signature: K
33. 1810 Oak View Lane, Pe- rland, T 77581 Date: i(1,` �� /11
Resident Signature:
34. 1811 Oak View Lane, Pearlan , 77581 % ate. O/�3 r
f
Resident Signature: XL_ /(1(v4e"
35. 1812 Oak View Lane, Pearland,TX 77581 Date::
Resident Signature:
36. 1813 Oak View Lane, P arland X 77581 Date:
Resident Signature: ( , 0'a3- n37. 1814 Oak View Lane, eland, T 775 Date:
/It y/-7
Resident Signature:
38. 1815 Oak Vie , Pearl n TX 77581 Date:
<o /2-3 / /7
Resident Signature: --7
39. 1817 Oak View Lne, Pearland, TX 77581 Date: 10 0 . ./ I 1 1
Resident Signature: /�- I
40. 1819 Oak View L , Pearland, 77581 Date:
Resident Signature: Aril - G.446.0._
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