Ord. 0834 12-08-97ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN
THE CITY OF PEARLAND AS TAX INCREMENT REINVESTMENT ZONE
NUMBER ONE, CITY OF PEARLAND, TEXAS; CREATING A BOARD OF
DIRECTORS FOR SUCH ZONE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE DEVELOPMENT OF CITY
INFRASTRUCTURE BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City may
designate a contiguous geographic area within the City as a reinvestment zone if the
area satisfies the requirements of certain sections of Chapter 311 of the Texas Tax
Code; and
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City may
designate a reinvestment zone upon the petition of the owners of property constituting
at least fifty percent (50%) of the appraised value of the property in the proposed
zone, according to the most recent certified appraisal roll; and
WHEREAS, the City has received a petition dated October 29, 1997 for the
creation of a reinvestment zone from the owners of property constituting one hundred
percent (100%) of the appraised value of the property in the proposed zone according
to the most recent certified appraisal roll; and
WHEREAS, the City has prepared a Preliminary Reinvestment Zone Financing
Plan, which provides that City of Pearland ad valorem taxes are to be deposited into
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the tax increment fund and that taxes of other taxing units may be utilized in the
financing of the proposed zone; and
WHEREAS, the City provided notice to other taxing units levying taxes on
property within the proposed zone of the public hearing on the creation of the
proposed zone; and
WHEREAS, a notice of the December 8, 1997, public hearing on the creation
of the proposed zone was (i) published on November 19, 1997, in the
Pear/and Reporter News, a newspaper of general circulation in the City, and (ii) posted
on December 5, 1997, at City Hall; and
WHEREAS, Brazoria County, pursuant to Section 311.003, Texas Tax Code,
has waived any applicable Texas Tax Code requirements that it receive sixty (60)
days' notice of the public hearing on the creation of the proposed zone; and
WHEREAS, the Pearland Independent School District, pursuant to
Section 311.003, Texas Tax Code, has waived any applicable Texas Tax Code
requirement that it receive sixty (60) days' notice of the public hearing on the creation
of the proposed zone; and
WHEREAS, the Brazoria County Drainage District Number Four, pursuant to
Section 311.003, Texas Tax Code, has waived any applicable Texas Tax Code
requirement that it receive sixty (60) days' notice of the public hearing on the creation
of the proposed zone; and
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WHEREAS, at the public hearing on December 8, 1997, interested persons were
allowed to speak for or against the creation of the proposed zone, its boundaries, or
the concept of tax increment financing; and
WHEREAS, evidence was received and presented at the public hearing in favor
of the creation of the proposed zone under the provisions of Chapter 311, Texas Tax
Code, and no one appeared or presented evidence in opposition to the creation of the
proposed zone; and
WHEREAS, no owner of real property in the proposed zone protested the
inclusion of his property in the proposed zone; and
WHEREAS, the total appraised value of property in the proposed zone is
approximately $205,800, according to the most recent certified appraisal roll; and
WHEREAS, the total appraised value of taxable real property in the City and in
the industrial districts created by the City exceeds $1,020,836,821; and
WHEREAS, the total appraised value of real property taxable by
Brazoria County, in which the proposed zone is located, is approximately,
$10,157,275,438; and
WHEREAS, the total appraised value of real property taxable by the Pearland
Independent School District, within those boundaries the'proposed zone is located, is
approximately $1, 507,188,470; and
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WHEREAS, the total area within the proposed zone is approximately 84 acres,
excluding property that is publicly owned; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Findings.
(a) 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) That the City Council further finds and declares that the proposed
improvements in the zone will significantly enhance the value of all the
taxable real property in the proposed zone and will be of general benefit
to the City.
(c) That the City Council finds that the proposed zone meets the criteria of
Section 311.005 of the Texas Tax Code because the proposed zone is
an area described in a petition requesting that the area be designated as
a reinvestment zone and such petition has been submitted to the City
Council by the owners of property constituting at least 50 percent of the
appraised value of the property in the area according to the most recent
certified appraisal roll for Brazoria County; and
(d) That the City Council, pursuant to the requirements of Chapter 311,
Texas Tax Code, further finds and declares:
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(i) That the proposed zone is a contiguous geographic area located
wholly within the corporate limits of the City of Pearland;
(ii) That the total appraised value of taxable real property in the
proposed zone, and in existing reinvestment zones, if any, does
not exceed fifteen percent of the total appraised value of taxable
real property in the City and in industrial districts created by the
City;
(iii) That the proposed zone does not contain more than fifteen
percent of the total appraised value of real property taxable by
Brazoria County or in the Pearland Independent School District;
(iv) That development or redevelopment within the boundaries of the
proposed zone will not occur solely through private investment in
the reasonably foreseeable future;
(v) That improvements in the zone will significantly enhance the value
of all of the taxable real property in the zone and will be of general
benefit to the municipality.
Section 2. Designation of the Zone. That the City, acting under the provisions
of Chapter 311, Texas Tax Code (the "Act"), including Section 311.005(a)(5), does
hereby create and designate a reinvestment zone over the area described in
Exhibit "A" and depicted in the map attached hereto as Exhibit "B." The reinvestment
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zone shall hereafter be identified as Reinvestment Zone Number One, City of Pearland,
(the "Zone").
Section 3. Board of Directors.
That there is hereby created a Board of Directors for the Zone, which shall
consist of nine (9) members. Positions One through Five on the Board of Directors
shall be reserved for the City. Positions Six and Seven shall be reserved for Brazoria
County and Pearland Independent School District, each of which may appoint one
director. Any of such taxing units that appoints a director shall be assigned a Board
position number in the order the appointment is received by the City. Failure of a
taxing unit to appoint a director by December 31, 1997, shall be deemed a waiver of
the right to appoint a director, and the City shall be entitled to appoint persons to the
position, which shall be filled as provided below. Positions Eight and Nine shall be
reserved for the member of the state senate in whose district the Zone is located and
the member of the state house of representatives in whose district the Zone is located,
respectively, except that either may designate another individual to serve in the
member's place at the pleasure of the member. If the Zone is located in more than
one senate or house district, then such positions shall be reserved for the senator or
representative in whose district a larger portion of the Zone is located than any other
senate or house district, as applicable.
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The Mayor is hereby authorized to nominate and appoint the directors to
Positions One through Five of the Board of Directors and any of Positions Six and
Seven unfilled on January 1, 1998, subject to the consent and approval of the
City Council.
The directors appointed to odd -numbered positions shall be appointed for two
year terms, beginning January 1, 1998, while the directors appointed to even -
numbered positions shall be appointed to a one year term, beginning January 1, 1998.
All subsequent appointments shall be for two-year terms. The member of the Board
of Directors appointed to Position Three is hereby designated to serve as the chair of
the Board of Directors for a term beginning January 1, 1998, and ending
December 31, 1998. Thereafter, the Mayor shall annually nominate and appoint,
subject to City Council approval, the member to serve as chair for a term of one year
beginning January 1 of the following year. The City Council authorizes the Board of
Directors to elect from its members a vice chairman and such other officers as the
Board of Directors sees fit.
The Board of Directors shall make recommendations to the City Council
concerning the administration of the Zone. The Board of Directors shall prepare or
cause to be prepared and adopt a Project Plan and a Reinvestment Zone Financing
Plan for the Zone as described in Section 311.011, Texas Tax Code, and shall submit
such plans to the City Council for its approval. The City hereby delegates to the
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Board of Directors all powers necessary to prepare and implement the Project Plan and
Reinvestment Zone Financing Plan, subject to approval by the City Council, including
the power to employ any consultants or enter into any reimbursement agreements
payable solely from the Tax Increment Fund established pursuant to Section 7 of this
Ordinance, subject to the approval of the City Manager, that may be reasonably
necessary to assist the Board of Directors in the preparation of the Project Plan and
Reinvestment Zone Financing Plan and in the issuance of tax increment obligations.
Section 4. Duration of the Zone. That the Zone shall take effect on
January 1, 1998, and the termination of the operation of the Zone shall occur on
December 31, 2017, or at any time designated by subsequent ordinance, or at such
time, subsequent to the issuance of tax increment bonds, if any, that all project costs,
tax increment bonds, and the interest on the bonds, have been paid in full.
Section 5. Tax Increment Base. That the Tax Increment Base for the Zone is
the total appraised value of all real property taxable by the City and located in the
Zone, determined as of January 1, 1997, the year in which the Zone was designated
as a reinvestment zone (the "Tax Increment Base").
Section 6. Tax Increment Fund. That there is hereby created and established
a Tax Increment Fund for the Zone which may be divided into subaccounts as
authorized by subsequent ordinances. All Tax Increments, as defined below, shall be
deposited in the Tax Increment Fund. The Tax Increment Fund and any subaccount
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shall be maintained at the depository bank of the City and shall be secured in the
manner prescribed by law for Texas cities. The annual Tax Increment shall equal the
amount by which the then -current appraised value of all taxable real property located
in the Zone exceeds the Tax Increment Base of the Zone less any amounts that are
to be allocated from the Tax Increment pursuant to the Act. All revenues from the
sale of any tax increment bonds or other notes hereafter issued by the City, if any;
revenues from the sale of property acquired as part of the tax increment financing
plan, if any, and other revenues to be used in the Zone shall be deposited into the
Increment Fund. Money shall be disbursed from the Tax Increment Fund only to pay
project costs as defined by the Texas Tax Code, for the Zone, to satisfy the claims of
holders of tax increments bonds, notes or other obligations issued for the Zone, or to
pay obligations incurred pursuant to agreements entered into to implement the
Project Plan and Reinvestment Zone Financing Plan pursuant to Section 31 1.001(b)
of the Texas Tax Code.
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
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Section 8. Open Meetings. It is hereby found, determined and declared that
a sufficient written notice of the date, hour, place and subject of the meeting of the
City Council at which is Ordinance was adopted was posted at a place convenient and
rapidly 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 9. Notices. The contents of the notice of the public hearing, which
hearing was held before the City Council on December 8, 1997, and the publication
of said notice, are hereby ratified, approved and confirmed.
Section 10. Effective Date. This Ordinance shall become immediately upon its
passage and approval by City Council.
Section 11. Declaration of Emergency. The Council finds and determines that
development of City infrastructure bears directly upon the health, safety and welfare
of the citizenry; and that this Ordinance shall be adopted as an emergency measure,
and that the rule requiring this Ordinance to be read on two (2) separate occasions be,
and the same is hereby waived.
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PASSED and APPROVED on First and Only Reading this the 8th day of
December , A.D., 1997.
ATTEST:
APPROVED AS TO FORM:
AMY MOTES McCULLOUGH
CITY ATTORNEY
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TOM REID
MAYOR
Exhibit A
A METES AND BOUNDS description of 84.00 acres (3,659,035 square feet, square
footage based on the mathematical closure of the courses and distances described herein)
of land located in the H.T.&B.R.R. Co. Survey, Abstract No. 309 in Brazoria County,
Texas and being out of a called 160-acre tract as described in Volume 1144, Page 590 of
the Brazoria County Deed Records. Said 84.00 acre tract being more particularly
described as follows, with bearings based on South 87°20'24" West along the north line
of Block 4 of Replat of Southwyck, Section Seven as recorded in Volume 17, Page 349
of the Brazoria County Plat Records:
BEGINNING at a 1-inch iron rod found marking the southeast comer of said the 160 acre
tract and H.T.&B.R.R. Co. Survey and being in the centerline of County Road No. 89
(70-foot right-of-way);
THENCE, South 87°20'24" West, 1321.17 feet along the north line of aforementioned
Block 4 and south line of said 160 acre tract to a 1-inch iron rod found marking the
northwest corner of said Block 4 and being a corner of a called 120-foot wide Drainage
Easement as recorded in Volume 85115, Page 516 of the Brazoria County Deed Records;
THENCE, South 87°21'20" West, 1319.49 feet, along the south line of said 160 acre
tract, and north line of said drainage easement, to a 5/8-inch iron pipe (with cap stamped
"Cotton Surveying") set for the southwest corner of the herein described tract and being
and angle point in said drainage easement;
THENCE, North 02°43' 13" West, 1314.18 feet along the west line of said 160 acre tract,
and east line of said drainage easement, to a 5/8-inch iron pipe (with cap stamped"Cotton
Surveying") set for an angle point:
THENCE, North 02°46'34" West, 70.85 feet along the west line of said 160 acre tract,
and east line of said drainage easement, to a 5/8-inch iron pipe (with cap stamped "Cotton
Surveying") set marking the northwest comer of the herein described tract;
THENCE, North 87°20'24" East, 2642.39 feet to a 5/8-inch iron rod (with cap stamped
"Cotton Surveying") set marking the northeast corner of the herein described tract and
being in the centerline of aforementioned County Road 89 and east line of the
H.T.&B.R.R. Co. Survey;
THENCE, South 02°37'53" East, 884.65 feet along the centerline of said County Road
89, and east line of aforementioned 160 acre tract, to a 5/8-inch iron rod (with cap
stamped "Cotton Surveying") set for corner;
THENCE, South 02°41' 15" East, 500.74 feet along said the centerline of said County
Road 89 to the POINT OF BEGINNING, CONTAINING 84.00 acres of land in Brazoria
County, Texas.
PETITION
WHEREAS, pursuant to Section 311.005(a)(5) of the Texas Tax Code, the owners of
property constituting at least 50 percent of the appraised value of the property in an area according
to the most recent certified appraisal roll for the county in which the area is located may request that
such area be designated a reinvestment zone pursuant to a petition submitted to the governing body
of the municipality; and
WHEREAS, Beazer Homes Texas, L.P., a Delaware limited partnership ("Beazer"), is the
owner of 100 percent of the property described in Exhibit A attached hereto and depicted in the map
attached hereto as Exhibit B (the "Property"), and as owner of 100 percent of the Property, Beazer
owns 100 percent of the appraised value of the Property according to the most recent certified
appraisal roll for Brazoria County, Texas, the county in which the Property is located; and
WHEREAS, Beazer desires that the Property be designated as a reinvestment zone by the
City Council of the City of Pearland, Texas (the "City Council"), the governing body of the
municipality in which the Property is located;
NOW, THEREFORE, Beazer submits this petition to the City Council and requests that the
Property be designated as a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code.
[Signature Page Follows]
33057113.2 102997 1052C 97380786
IN WITNESS WHEREOF, Beazer has executed this petition to be effective as of
ir4ese ZqI , 1997.
33057113.2 102997 1052C 97380786
BEAZER HOMES TEXAS, L.P.,
a Delaware limited partnership
By: Beazer Homes Texas Holdings, Inc.,
a Delaware corporation, general partner
2
By: (/L.fjPt On/
Name: OLsQLJ
Title: -&tz , \i . -62.c,a F /44,ep % h