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Ord. 1585 2019-12-09 ORDINANCE NO. 1585 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. 5), 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 "Plans") should be amended to reflect construction of the Improvements, and the Board of Directors of the Zone have unanimously recommended that the City Council approve Amendment No. 5. WHEREAS, a public hearing on the amendment to the Plans 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. 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 Plans are hereby amended as provided in Exhibit "A" attached hereto to accommodate the addition of the annexed tract to the Zone. The Plans as amended (the "Amended Plans") are hereby determined to be feasible and are 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 ORDINANCE NO. 1585 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. 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 25th day of November, A. D., 2019. CITY OF PEARLAND TEXAS 000 i = Tom Reid = Mayor ATTEST: ''4gniN%0,``,`. • • trMaria Rodriguez Interim City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this the 9th day of December, A. D., 2019. CITY OF PEAR TEXAS 114-. 1 Tom Reid Mayor ATTEST: ' 49,11110���``` 1-1A11)24.. 9e Le`ipj)Jt-dir'zI Maria Rodriguez Interim City Secretary APPROVED AS TO FORM: Darrin M. Coker City 2 EXHIBIT A REINVESTMENT ZONE NUMBER TWO CITY OF PEARLAND, TEXAS 5th AMENDMENT TO PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN WW1 111111111 SHADOW CREEK RANCH CITY COUNCIL 2019 Council Members Mayor Hon. Tom Reid Mayor Pro-Tern Hon. J. David Little Council Member Hon. Luke Orlando Hon. Derrick Reed Hon. Gary Moore Hon. Adrian Hernandez Hon. Trent Perez Hon. Woody Owens City Manager Clay Pearson 5th Amendment to TIRZ 2 Project and Financing Plan 2 BOARD OF DIRECTORS 2019 Board Members Position 1 Buck Stevens 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 Pearland 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 Tonini Alvin Independent School District Designee Position 8 Ali Hasanali Fort Bend County Designee Position 9 Larry Loessin Brazoria County Designee 5th Amendment to TIRZ 2 Project and Financing Plan 3 5th 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 5th Amendment to Tax Increment Reinvestment Zone Number Two, City of Pearland, Texas (the "Zone" or "Shadow Creek Ranch TIRZ") Project Plan and Reinvestment Zone Financing Plan (the "Plan") is necessary to facilitate the construction of library and transportation improvements to serve the residents of within Shadow Creek Ranch and the City of Pearland. II. 5th Plan Amendment This amendment increases the permitted budget amounts for two categories of improvements that are already in the approved project budget. No additional project categories are added. These budget increases are necessary to increase the size of the proposed library to accommodate additional Brazoria County satellite service offices and to assist Fort Bend County with financing of the FM 521 widening project. When adopted, this 5th 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 5th 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: Project Plan No Changes Reinvestment Zone Financing Plan A. Estimated Project Cost Description (311.011(c)(1) 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$2,479.000. 5th Amendment to TIRZ 2 Project and Financing Plan 4 A. Estimated Project Cost Description (311.011(c)(1) Section 4. City Facilities. Library facilities in the Zone are considered City Facilities. Exhibit E in the Financing Plan is amended as described in the amended Exhibit E attached hereto with total estimated additional Project Costs for City Facilities improvements of$5,250,000. D. Estimate of Bonded Indebtedness 311.011(c)(4) The estimated amount of bonded indebtedness will be increased by an amount sufficient to fund and/or reimburse the estimated $7,729,000 million increase in the project budget, subject to the cost adjustment according to the Engineering News Record Index over the life of the Zone. 5th Amendment to TIRZ 2 Project and Financing Plan 5 AMENDED EXHIBIT E TIRZ BUDGET Exhibit E Jan.1999 ENR Index=6000 Rei vestment Zone No.2.City of Pearland,T% Jan.2006 ENR Index =7600 Budget Jan.2018 ENR Index=10878 Jan.2019 ENR Index=11206 Item TIRZ Budget as 1st Plan 2nd Plan 3rd Plan 4th Plan Sth Plan approved Amendment Amendment Amendment Amendment Amendment (08/23/99) 103/27.06) 110/25/06) (10/23/061 (06/18118) (10/28/19) infrastructure Streets Pavement 12,610,050 1,634.000 Sidewalls 1,859 400 Landscapring and Irrigation 9,675,350 Entry Monuments 735,320 Lighting 125,900 Broadway Widening and Signalization 2,831,789 Business Center Drive Paving 852,722 Memorial Hermann Drive Paving 383,107 Water System 3.026,863 563,000 Wastewater System 6,940,964 1,029,000 Storm Water Sysem 10,195,776 1,649,000 Lakes and Channels Improvements 29,121,915 5,625,600 Land Cost 4,597,889 6,675,000 Detention and Drainage Land Cost 2,850,000 Beautificartoni Deepening/Pond Creation 200,000 Site Drainage Fad Ries 1,842,000 Park and Recreation Improvements 5,155 524 5573,025 Land Cost 2,333,545 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 MtHard Road Reimbrusables M iscel a neo us 150,000 Signal 100,000 SH 218 Access Road 1,000,000 FM 518 Improvemens 6,435,600 Broadway/FM 518 Improvements 7,100,000 Contingencies and Engineering Contingencies(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 Enviornmental Study Costs 100,000 Shadow Creek Ranch Park Phase Il 9,720,000 Shadow Creek Trail-SCR Park Trar to•irb•; and SCR Trail System 767,760 Shadow Creek Trail Phase n-Along Clear Creek Relief Ditch&Library Trail 1470,000 Shadow Creek Parkway Landscaping,Street 7'10,000 Lighting&Sidewalks Intersection improvements(BCD/SCP, 7,957,160 BCD/Broadway,etc) Sidewalk Extensions 1,137,701 FM 521 Expansion Project 2,479,000 Subtotal 108,267,923 54,474,218 11,574,618 8,000,000 28,192,621 2,479,000 The b,.cr,e=:'no r r:.e not been adj.-mud for inF.utim. 5th Amendment to TIRZ 2 Project and Financing Plan 6 Continued from page 6 item 1182 Budget as 1st Plan 2nd Plan 3rd Plan 4th Plan 5th Plan approved Amendment Amendment Amendment Amendment Amendment (08/23/99) (03/27/06) (10./23/06) (10/23!061 (06./18.!181 :10.125119) Zone Administration/Creation Tin Administration 11-3 Years) 466,000 P.eimbursab'e TIRZ Creation Costs 900,000 Annexation Costs 230,000 Plan Amendment Costs 175.000 Subtotal 1,366.000 250,000 175,000 Infrastructure Total 109,633,923 34,724,218 11.749.618 8,000,000 28,192,621 2,479.000 Cite Facilities Library Improvements 2,395,000 14,255,174 5,250.000 Land Costs 105,000 Fire/Police Station Improvements 2,255,000 9.878.439 Land Costs 245,000 Subtotal 5,000,000 0 0 0 24,131,614 5,250.000 Educational Facilities A:SD Elementary School 41,600,000 4150 Jr.High School 21.450,000 AISD Fresh/Soph Campus 34,050,000 F8150 Elementary School 11,000,000 FEISD Middle School 26,000,000 Subtotal 134,100,000 0 0 0 0 0 City Facilities Total 248,733,923 34,724,218 11,749,618 3,000,000 52,324,235 7,729,000 1The ar;et:,o.^nr.e not been adju-ted for in#rion. 5'Amendment to TIRZ 2 Project and Financing Plan 7