Ord. 1562 2018-08-13 ORDINANCE NO. 1562
ORDINANCE NO. 1562
An Ordinance of the City Council of the City of Pearland, Texas, amending
the Project Plan and Reinvestment Zone Financing Plan for Reinvestment
Zone Number Two (Amendment No. 4), City of Pearland, Texas to facilitate
the construction of City facilities and infrastructure improvements
("Improvements"); authorizing the City Secretary to distribute such plans;
containing findings and provisions related to the foregoing subjects; and
providing for severability.
WHEREAS, the City of Pearland, Texas (the "City"), pursuant to the provisions of Chapter
311, Texas Tax Code, created Reinvestment Zone Number Two, City of Pearland, Texas (the
"Zone"), for the purposes of redevelopment of the area of the City within the Zone; and
WHEREAS, the proposed Improvements in the Zone will significantly enhance the value
of all taxable real property in the Zone and will be of general benefit to the City and the residents
of Shadow Creek Ranch; and
WHEREAS, the Project Plan and Reinvestment Zone Financing Plan adopted in
connection with the creation of the Zone (the "Plan") should be amended to increase construction
costs of certain Improvements, and the Board of Directors of the Zone have unanimously
recommended that the City Council approve Amendment No. 4.
WHEREAS, a public hearing on the amendment to the Plan has been scheduled and
will take place in conformance with the provisions of Sections 311.011(e) and 311.003(c) and (d)
of the Texas Tax Code, and the City previously provided notice to all participants in the Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS THAT:
Section 1. 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.
Section 2. The Plan is hereby amended as provided in Exhibit "A" attached hereto
to accommodate the additional cost included in the Plan Budget for the construction of
Improvements in the Zone. The Plans as amended (the"Amended Plans")are hereby determined
to be feasible and is approved. The appropriate officials of the City are authorized to take all
steps reasonably necessary to implement the Amended Plans.
Section 3. The City Secretary is directed to provide copies of the Amended Plans to
each taxing unit currently participating in the Zone.
Section 4. If any provision, section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to any person or set of circumstances is for any reason be
held to be unconstitutional, void or invalid, the validity of the remaining provisions of this
Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this
Ordinance that no portion hereof or provision or regulation contained herein shall become
inoperative or fail by reason of any unconstitutionally, voidness or invalidity of any other portion
hereof, and all provisions of this Ordinance are declared to be severable for that purpose.
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ORDINANCE NO. 1562
Section 5. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall for the time required by law preceding
this meeting, as required by the Open Meetings Law, TEX. Gov'T CODE ANN., Ch. 551; and that
this meeting was open to the public as required by law at all times during which this Ordinance
and the subject matter thereof was discussed, considered and acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED ON FIRST READING this the 23rd day of July, A. D., 2018.
CITY OF P ARLAND TE S
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Tom Reid
Mayor
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PASSED AND APPROVED ON SECOND AND FINAL READING this the 13th day of August,
A. D., 2018.
CITY O PEAR XAS
Tom Reid
Mayor
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APPROVED AS TO FORM:
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ORDINANCE NO. 1562
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Darrin M. Coker
City Attorney
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Ordinance 1562
Exhibit "A"
EXHIBIT A
REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
4th AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
7-11
C
SHADOW
CREEK
RANCH
Page 30 of 37
CITY COUNCIL
2018 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Derrick Reed
Council Member Hon. Tony Carbone
Hon. Gary Moore
Hon. TBD
Hon. J. David little
Hon. Trent Perez
Hon. Woody Owens
City Manager Clay Pearson
4th Amendment to TIRZ 2 Project and Financing Plan 2
Page 31 of 37
BOARD OF DIRECTORS
2008 Board Members
Position 1 Vacant
State Senator Designee
Position 2 Thomas King
State Representative Designee
Position 3 Herb Fain, Jr., Chair
City of Pearland Designee
Position 4 Gary Cook, Vice Chair
City of Peariand Designee
Position 5 Kenneth R. Phillips
City of Pearland Designee
Position 6 Jo Knight
City of Pearland/Alvin
Independent School District
Designee
Position 7 Geoff Tonins
Alvin independent School District
Designee
Position 8 Ali Hasanali
Fort Bend County Designee
Position 9 Larry Loessin
Brazoria County Designee
40'Amendment to'PIRG 2 Project and Financing Plan 3
Page 32 of 37
4th AMENDMENT TO THE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND, TEXAS (SHADOW CREEK RANCH)
I. OVERVIEW
This 4a1 Amendment to Tax Increment Reinvestment Zone Number Two, City of
Pearland, Texas (the "Zone" or "Shadow Creek Ranch TLRZ") Project Plan and
Reinvestment Zone Financing Plan(the"Plan") is necessary to facilitate the construction
of public safety, parks and recreation, landscaping, and transportation improvements to
serve the residents of within Shadow Creek Ranch and the City of Pearland.
II. 4th Pisan Amendment
This amendment increases the permitted budget amounts for various categories of
improvements that are already in the approved project budget. No additional project
categories are added. These budget increases are necessary to meet the level of service
expected from current residents that could not be anticipated at the time of the original
Zone creation. Additionally, the currently projected increment for the remaining life of
the Zone is exceeding original expectations such that sufficient increment is projected to
be available to fund the level of improvements needed to match resident expectations.
Improvements to be funded by this Amendment include fire station,library,park and trail
improvements including land costs, roadway landscaping and monumentation, and
sidewalks.
When adopted, this 4th Plan Amendment will not amend any portion of the Project Plan
and Reinvestment Zone Financing Plan except as described below. With the
recommendation for approval of this 4th Plan Amendment by the Board of Directors of
the Zone and approval by the City Council of Pearland, the following sections of the
Reinvestment Zone Project Plan and Reinvestment Zone Financing Plan shall be
amended as follows:
46 Amendment to TIRZ 2 Project and Financing Plan 4
Page 33 of 37
Proiect Plan
No Changes
Reinvestment Zone Financine Fbsu
A. Estimated Project Cost Description (311.011(cxl)
Section 1. Infrastructure improvements. Exhibit E in the Financing Plan is amended
as described in the amended Exhibit E attached hereto with total estimated additional
Project Costs for infrastructure improvements of$28,192,621.
A. Estimated Project Cost Description(311.011(c)(1)
,Section 4. City Facilities. Police and fire facilities, the City public library and City
annex in the Zone are considered Project Costs. Estimated Project Costs for the City
facilities is$24,131,614.
D. Estimate of Bonded Indebtedness 311.011(cX4)
The estimated amount of bonded indebtedness will be increased by an amount
sufficient to fund and/or reimburse the estimated $51,432,971 million increase in
the project budget, subject to the cost adjustment according to the Engineering
New Record index over the life of the Zone.
4th Amendment to TIRZ 2 Pmjeet and Financing Plan 5
Page 34 of 37
EXHIBIT E
TIRE BUDGET •
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441 Amead. a to TTRZ 2 Projectand Pi gPlan 6 Page 35 of 37
Exhlbk E Jan.1999 ENR Index•6000
Relvesbment zone No.2,City of Peerbno6 TX Jan.2006 EN R index *7600
Budkat Jan.2018 ENR Index•10878
kern TIR2 Budget as 1st Plan 2nd Plan 3rd Plan 4th Plan
approvedtu Amendment cc Amendment tsl Amendment w Amendment
(06/23/99) (03/27/06) (10/23/06) (10/23/06) (06/18118)
Infrastructure
Streets
Pavement 12,610,050 1,634,000
Skiewails 1,859,400
landsapring and Irrigation 9,675,350
Entry Monuments 735,320
Lighting 125,900
Broadway Widening and Slgnailtation 2,831,789
Business Center Drive Paving $2,722
Memorial Hermann Drive Paving 383,107
Water System 3,026,863 363,000
Wastewater System 6,940,964 1,029,000
Storm Water Sysem 10,195,776 1,649,000
Lakes end Channels
improvements 29,121,915 5,625,600
land Cost 4,597,889 6,675,000
Detention and Drakuge
land Cost 2,850,000
BeautifIaiton/Deepening/Pond Creation 200,000
Site Drainage Facilities 1,842,000
Park and Recreation
improvements 5,155,524 5,573,025
Land Cost 2,383,545
landscaping
Business Center Drive 157,500
Memorial Hemann Drive 67,500
Overhead Utilities Placed Underground 1,200,000
Pipeling Relocation 700,000
Major Improvements
Water Plants
Land Cost 20,000
WWTP 340,000
lift Station 300,000
Traffic Signals 600,000 550,000
McHard Road Reimbnusables
Misoelaneous 150,000
Signal 100,000
5H 288 Access Road 1,000,000
FM 518 improvemens 6,485,600
Broadway AM 518 knprovements 7,100,000
Contingendes and Engineering
Contingendes(10%) 8,181,116 1,733,620
Engineering(15%) 11,274,211 2,860,473 490,000 900,000
Master Drainage Plan Costs 70.000
Envbrnrne ntal Study Costs 100,000
Shadow Creak Ranth Park Phase II 9,720,000
Shadow Creek Trail-SCR ParkTra1 to KUby 767,760
and SCR Trail System
Shadow Creek Trail Phase li-Along Clear 170,000
Creek Relief Ditch&Library Trail
Shadow Creek Parkway landscaping,Street
7,140,000
Lighting&Sidewalks
intersection Improvements(BCD/SCP, 7,957,160
BCD/Broadway,etc)
Sidewalk Extensions 1,137,701
Subtotal 108,267,923 34,474,218 11,574,618 8,000,000 28,192,621
(1)The original TIPZ Bucket es mooned In 1999 dollen has not bean wagged for Wotton.
In TM ueeadesi Indents et approved M 1006 en Owen le 2006 dollars and bare not Lean adlostad for Whiten
Page 36 of 37
Item TIR2 Budget as 1st Plan 2nd Plan 3rd Plan 4th Plan
approved co Amendments Amendment co Amendment W Amendment
(08/23/99) (03/27/06) (10/23/06) (10/73/06) (06/18/18)
Zone Administration/Creation
TIR2 Administration(1-3 Years) 466,000
Reimbursable TIRZ Creation Costs 900,000
Annention Costs 250,000
Plan Amendment Costs 175,000
Subtotal 1,366,000 250,000 175,000
infrastructure Total 109,633,923 34,724,218 11,749,618 6,000,000 28,192,621
City Facilities
Library
Improvements 2,395,000 14,253,174
land Costs 105,000
Fire/falice Station
Improvements 2,255,000 9,878,439
lend Costs 245,000
Subtotal 5,000,000 0 0 0 24,191,614
Educational Fealties
AISD Elementary School 41,600,000
AISD Jr.High School 21,450,000
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AlSD Fresh/Soph Campus 34,050 000
FBISD Elementary School 11,000,000
F8150 Middle School 26,000,000
Subtotal 134,100,000 0 0 0 0
City Facilities Total 248,733,923 34,724,218 11,749,618 8,000,000 52,324,235
(1)The Milner TIR2 Budget as approved 1n 1999 dello Ms net tam Wrested for bristle&
(2)The areended hedgers es approved In 2006 art shown In 1006 dollen and have not been adjusted ler Inflation.
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