Ord. 1313 2006-11-13ORDINANCE NO. 1313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF
REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECT; 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 City may enlarge the boundaries of an existing reinvestment
zone by ordinance pursuant to Section 311.007, Texas Tax Code; and
WHEREAS, the City first enlarged the boundaries of the Zone on July 10, 2006,
by Ordinance No. 1276; and
WHEREAS, the City now desires to consider a further enlargement of the
boundaries of the Zone; and
WHEREAS, the City Council finds that the area proposed to be included in the
Zone is located wholly within the corporate limits of the City and is contiguous to the
existing boundaries of the Zone; and
WHEREAS, the City Council finds that the area proposed for addition to the Zone
is unproductive, underdeveloped and blighted, and, additionally, meets the
requirements of Section 311.005 of the Texas Tax Code because the area to be added
substantially impairs and arrests the sound growth of the City; retards the provision of
housing accommodations; constitutes an economic and social liability and is a menace
to the public health, safety, morals and welfare in its present condition and use because
of the presence of:
(a) the predominance of defective or inadequate sidewalk and street layout;
(b) faulty lot layout in relation to size, adequacy, accessibility or usefulness;
(c) unsanitary or unsafe conditions;
(d) the deterioration of site or other improvements; and
(e) existence of conditions that endanger life or property by fire or other
cause; and is predominantly open and, because of obsolete platting,
deterioration of structures or site improvements, or other factors,
substantially impairs or arrests the sound growth of the City; and
ORDINANCE NO. 1313
WHEREAS, the total appraised value of taxable real property in the enlarged
Zone and in any other existing reinvestment zones does not exceed 15 percent of the
total appraised value of taxable real property in the City and any industrial districts
created by the City; and
WHEREAS, the proposed enlarged Zone does not contain more than 15 percent
of the total appraised value of real property taxable by a county or a school district
within whose boundaries the Zone, as enlarged, is located; and
WHEREAS, less than ten percent of the property in the area proposed for
addition to the Zone, excluding property dedicated to public use, is used for residential
purposes; and
WHEREAS, the proposed improvements in the enlarged zone will significantly
enhance the value of all taxable real property in the proposed zone and will be of
general benefit to the City; and
WHEREAS, the City desires to participate in the enlarged area of the Zone in the
same manner as it currently participates in the original area of the Zone; and
WHEREAS, a public hearing on the expansion of the boundaries of the Zone
was held on October 23, 2006;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The findings and recitals 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 City, acting under and in accordance with the provisions of
Chapter 311, Texas Tax Code, including Sections 311.005, 311.006 and 311.007(a),
hereby enlarges Reinvestment Zone Number Two, City of Pearland, Texas, by adding
the area described in Exhibit A.
Section 3. The Zone shall be enlarged as of the effective date of this
Ordinance.
Section 4. The City Council confirms that the boundaries of the enlarged Zone
as amended by this Ordinance shall be the areas described in Exhibit B attached
hereto.
Section 5. The tax increment base for the enlarged Zone shall include the tax
increment base established by the Ordinance creating the Zone and Ordinance 1276
2
ORDINANCE NO. 1313
enlarging the Zone, and beginning January 1, 2007, shall include the tax increment
base attributable to the land added to the Zone by this Ordinance, which shall be
January 1, 2006.
Section 6. The City shall participate in the enlarged area of the Zone in the
same manner as it currently participates in the original area of the Zone.
Section 7. 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.
Section 7. 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.
3
ORDINANCE NO. 1313
PASSED AND APPROVED on First Reading this 23rd day of October, A.D. 2006.
CITY OF PEARLA EXAS
Tom Reid
Mayor
ATTEST:
PASSED and APPROVED on Second and Final Reading this 13th day of November,
A.D. 2006.
ATTEST:
j/447/
ng Lo
y Se T-' ary
APPROVED AS TO FORM:
4w-
Darrin M. Coker
City Attorney
CITY OF PEARLI TEXAS
cea
Tom Reid
Mayor
4
EXHIBIT
"ptii
October 23, 2006
Job No. 1546-2006-101
DESCRIPTION OF
7 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
ANNEXATION TRACT
Being 7 acres of land, more or less, located in the H.T. & B.R.R. Co. Survey, Section 81,
Abstract 300, Brazoria County, Texas, and the H.T. & B.R.R. Co. Survey, Section 80, Abstract
564, Brazoria County, Texas, said 7 acres, more or less, being more particularly described as
follows;
COMMENCING at the common corner of the H.T. & B.R.R. Co. Survey, Section 80,
Abstract 564, Section 84, Abstract 538, Section 83, Abstract 305 and Section 82, Abstract 565,
Brazoria County, Texas, same being on the centerline of County Road 92 (40-feet wide);
THENCE, SOUTHERLY, 20 feet, more or Tess, with the common line of said Section 84
and Section 80, to the POINT OF BEGINNING, being on the south right-of-way line of said
County Road 92;
THENCE, EASTERLY, 6253 feet, more or Tess, leaving said common line, with said
south right-of-way line, to a point for corner;
THENCE, SOUTHERLY, 50 feet, more or Tess, leaving said south right-of-way line, to a
point for corner on the proposed south right-of-way line of County Road 92;
THENCE, WESTERLY, 6168 feet, more or Tess, along said proposed south right-of-way
line, to a point for corner, the beginning of a curve;
THENCE, SOUTHWESTERLY, continuing with said proposed southerly right-of-way
line, 55 feet, more or Tess, along the arc of a curve to the left having a radius of 35 feet, to a
point for corner;
Page 1 of 2
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7 Acres October 23, 2006
Job No. 1545-2006-101
THENCE, WESTERLY, leaving said proposed southerly right-of-way line, 50 feet more
or Tess, to a point for corner on aforementioned common line of Section 84 and Section 80,
same being the centerline of County Road 48;
THENCE, NORTHERLY, with said common line and centerline, 85 feet, more or Tess, to
the point of beginning and containing 7 acres of land, more or less.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
Jo_ 23.zoaf
Page2of2
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EXHIBIT
October 23, 2006
Job No. 1546-2006-101
DESCRIPTION OF
3,931 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
REVISED BOUNDARY
Being 3,931 acres of land, more or less, located in the Dupuy and Roberts Survey,
Abstract 726, Brazoria County, William Morris Survey, Abstract 344, Brazoria County, T.C.R.R.
Co. Survey, Section 3, Abstract 678, Brazoria County, T.C.R.R. Co. Survey, Section 4 (John W.
Maxey), Abstract 675, Brazoria County, Obediah Pitts Survey, Abstract 717, Brazoria County,
H.T. & B.R.R. Co. Survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria County, H.T. &
B.R.R. Co. Survey, Section 81, Abstract 300, Brazoria County, H.T. & B.R.R. Co. Survey,
Section 82 (J.S. Talmage), Abstract 565, Brazoria County, H.T. & B.R.R. Co. Survey, Section
83, Abstract 305 in Brazoria County and Abstract 761 in Fort Bend County, the H.T. & B.R.R.
Co. Survey, Section 84, Abstract 538 in Brazoria County and Abstract 767 in Fort Bend County,
S.G. Haynie Survey, Abstract 212 in Brazoria County and Abstract 620 in Fort Bend County,
Franklin Hooper Survey, Abstract 198, Fort Bend County, George W. McDonald Survey,
Abstract 557, Fort Bend County, I.C. Stafford Survey, Abstract 668, Fort Bend County, the H.
Levering Survey, Abstract 279, Fort Bend County, and the A.B. Langermann Survey, Abstract
555, Fort Bend County, said 3,931 acres, more or less, being more particularly described as
follows;
BEGINNING at the common north corner of Lots 3 and 4, Block 10 of the ALLISON-
RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4,
T.C.R.R. SURVEY AND SEC. 82, H.T. & B.R.R. CO. SURVEY & OBEDIAH PITTS SURVEY, a
subdivision or record in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas
(B.C.P.R.) also being on the common line of the aforementioned T.C.R.R. Co. Survey, Section 4
and the Dupuy and Roberts Survey;
THENCE, SOUTHERLY, 782 feet, more or less, along the common line of said Lots 3
and 4, to a point for corner on the southerly right-of-way line of Farm to Market Road 2234, 160
feet wide;
Page 1 of 5
I:\Projdskl \SURVEY\ 1545\2006\M&B\TI RZ_October_2006.doc
3931 Acres October 23, 2006
Job No. 1545-2006-101
THENCE, EASTERLY, 998 feet, more or less, along said southerly right-of-way line and
its easterly extension, to a point for corner on the west line of the J. Crawley Survey, Abstract
174, Brazoria County, Texas;
THENCE, SOUTHERLY, 3,482 feet, more or Tess, along the west line of said J. Crawley
Survey to a point for corner on the centerline of Hughes Ranch Road, also being the southwest
corner of said J. Crawley Survey;
THENCE, EASTERLY, 421 feet, more or less, along the southerly line of said J. Crawley
Survey and along said centerline of Hughes Ranch Road, to a point for corner on the centerline
of State Highway 288;
THENCE, SOUTHELRY, 5,326 feet, more or Tess, along said centerline of State
Highway 288 to a point for corner on the southerly line of County Road 92, 40 foot wide, a
dedicated road as shown on aforementioned ALLISON-RICHEY GULF COAST HOME CO.'S
PART OF SUBURBAN GARDENS;
THENCE, WESTERLY, 3,195 feet, more or less, along the southerly line of said County
Road 92, to a point for corner;
THENCE, SOUTHERLY, 50 feet, more or less, to a point for corner on the proposed
southerly right-of-way line of County Road 92;
THENCE, WESTERLY, with said proposed southerly right-of-way line, 6,168 feet, more
or Tess, to a point for corner, the beginning of a curve;
THENCE, SOUTHWESTERLY, continuing with said proposed southerly right-of-way
line, 55 feet, more or Tess, along the arc of a curve to the left having a radius of 35 feet, to a
point for corner;
THENCE, WESTERLY, leaving said proposed southerly right-of-way line, 50 feet more
or Tess, to a point for comer on the centerline of County Road 48 (Old Airline Highway);
Page2of5
I:\Projdskl\SURVEY\1545\2006\M&B\TI RZ_October_2006.doc
3931 Acres October 23, 2006
Job No. 1545-2006-101
THENCE, NORTHERLY, with said centerline, 35 feet, more or less, to a point for corner
on the aforementioned proposed southerly right-of-way line of County Road 92;
THENCE, WESTERLY, with said proposed southerly right-of-way line, 2,640 feet, more
or less, to a point for comer on the east line of that certain called 160.048 acre tract conveyed to
Pearland Investments Limited Partnership by instruments of record under File No. 03-044886
and File No. 2004059020, both B.C.O.R., and on the westerly line of that certain called 522.62
acre tract conveyed to Ashton Southern Trails Joint Venture by instrument of record under File
No. 2004002615, B.C.O.R.;
THENCE, SOUTHERLY, along the westerly line of said 522.62 acre tract and the
easterly line of said 160.048 acre tract, passing at a distance of 2,570 feet, more or less, the
northwest corner of Lot 1 of Block 84 of Allison Richey Gulf Coast Home Company Part of
Suburban Gardens as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas
(B.C.P.R.), continuing in all a distance of 5,212 feet, more or less, to a point for corner in the
southerly line of said H.T. & B.R.R. Co. Survey, Section 84, the northerly line of Section 2 of the
H.T.& B.R.R. Co. Survey, Abstract No. 566, Brazoria County, Texas and at the southwest
corner of Lot 4 of said Block 84;
THENCE, WESTERLY, along the common lines of said H.T. & B.R.R. Co. Survey,
Section 84 and said H.T. & B.R.R. Co. Survey, Section 2, a distance of 2,640 feet, more or less,
to a point for corner, same being the southwest of said Section 84 and in the easterly line of the
Manuel Escalera Survey, Abstract No. 654, Brazoria County, Texas and Abstract No. 169, Fort
Bend County, Texas;
THENCE, NORTHERLY, along the common lines of said H.T.& B.R.R. Co. Survey,
Section 84 and said Manuel Escalera Survey, a distance of 3,194 feet, more or less, to a point
for corner, same being the southeast corner of the aforesaid 132.5682 acre tract and the
common east corner of said Manuel Escalera Survey and the aforementioned A.B. Langermann
Survey;
Page 3 of 5
I:\Projdskl \SURVEY\1545\2006\M&B\TIRZ_October_2006.doc
3931 Acres October 23, 2006
Job No. 1545-2006-101
THENCE, WESTERLY, along the common lines of said Manuel Escalera Survey and
said A.B. Langermann Survey and the southerly line of said 132.5682 acre tract, a distance of
3,359 feet, more or less, to a point for corner, same being the southwest corner of said
132.5682 acre tract and in the easterly right-of-way line of F.M. 521;
THENCE, NORTHEASTERLY, along the easterly of said F.M. 521, 11,715 feet, more or
Tess, to a point for corner on the centerline of Clear Creek;
THENCE, NORTHEASTERLY, 1327 feet, more or Tess, along the centerline of Clear
Creek to a point for corner on the aforementioned southerly right-of-way line of Farm to Market
Road 2234;
THENCE, SOUTHEASTERLY, 1519 feet, more or Tess, along said southerly right-of-way
line to a point for corner on the Fort Bend and Brazoria County line;
THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point
for corner at the common corner of Brazoria, Fort Bend and Harris Counties;
THENCE, NORTHEASTERLY, 2426 feet, more or less, along the Brazoria and Harris
County line, to a point for corner in the aforementioned centerline of Clear Creek;
THENCE, EASTERLY, 8250 feet, more or Tess, along the centerline meanders of Clear
Creek to a point for corner on the northerly line of aforementioned Lot 3, Block 10 of said
ALLISON-RICHEY GULF COAST HOME CO.'S PART OF SUBURBAN GARDENS, same
being on the aforementioned common survey line of the T.C.R.R. Co. Survey, Section 4 and the
Dupuy and Roberts Survey;
THENCE, EASTERLY, 453 feet, more or Tess, along said north line of Lot 3, Block 10
and said common survey line to the POINT OF BEGINNING and containing 3,931 acres of land,
more or less.
Page 4 of 5
I:\Projdskl\SURVEY\1545\2006\M&B\TI RZ_October_2006.doc
3931 Acres October 23, 2006
Job No. 1545-2006-101
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
/0 - 2.3 - 2 00e0
Page 5 of 5
I:\Projdskl \SURVEY\ 1545\2006\M& B\TI RZ_October_2006. doc
/
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/
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FRAM?* HOOFER
WRVEY .M9e
NAM/EL ESCMIRA
SUIWE7 *we
MAAUEL ESCALERA
RI NET A654
Nate:
This document wos prepared under 22 TM § 6632/. does not
relied the results of on on the ground survey. and 1s not to be
used to Weeny or establish Interests In real properly mete tlase
rlgNs and Interests Implied or established ty Me creation or
reconfiguration of the ooundory of the political suhdMsion for
wNch It wos prepared.
/
/
/
/
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EXHIBIT OF
3931 ACRES MORE OR LESS
SHADOW CREEK RANCH
T. I . R. Z.
REINVESTMENT ZONE NO. 2
REVISED BOUNDARY
CITY OF PEARLAND. TEXAS
OCTOBER 2006 JOB NO. 1545-2006-101
LJA Engineering & surveying, Inc. "A
2929 Bri&puk Drive Phone 713.953.5200
Sole 600 Fax 713.953.5026
Houston, Tar 770423703
10.2IoJ0061\e9 Z yS2545\2006\CAD\T IRZ•OCTOBER•2006. 09n
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE. REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for
issues, as follows:
. No. / Date • g('' .11 20 .
No. Date 20
No Date 20
No Date '20
No. Date . • 20
Subscribe and sworn to before me this
204p_
1..........i:i.......a..'.•••••.....
LAURA ANN EMMONS
•
• Notary Public, State of Texas •
++' My Commission Expires 09-09-2010 •
•
CFO
day of OC4-
Laura Ann. Emmons, Publisher
Notary Public, State of Texas
iI1ZZ.SL.
ate---
LEGALS
LEGALS
LEGALS
LEGALS
Published Oct. 11, 2006
NOTICE OF PUBLIC HEARING
On October 23, 2006, at 6:30 p.m., the City Council of the
City of Pearland, Texas, will hold a public hearing to consid-
er the addition to the boundaries of Reinvestment Zone No.
2, City of Pearland, Texas (the "Zone") the right-of-way of
Broadway between Kirby and Kingsley, as shown on the
drawing below, and the amendment of the Project Plan and
Reinvestment Zone Financing Plan (the "Plan") for the Zone
to: ' (i) increase the geographic area of the Zone, (ii) increase
the amount of bonded indebtedness to be incurred, (iii)
increase the total estimated project costs, and (iv) make any
other necessary or convenient changes. Interested persons,
including the owners of property proposed to be included in
the zone, will be provided a reasonable opportunity to be
heard for or against the addition of land to the zone, the con-
cept of tax increment financing, the amendment' of the Plan,
or any other matter related to the zone or the amendment to
the plans. .The hearing will take place in Council Chambers
at City Hall, 3519 Liberty Drive, Pearland, Texas.
This site is accessible to disabled individuals. For special
assistance, please call Young Lorfing at 281.652.1655,'prior
to the meeting so that appropriate arrangements can 'be
made.
Is/ Young Lorfing, TRMC
City Secretary
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EXHIBIT `B"
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W.
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xsrwoo.SOON ra rstwax
HOPKTOMI
AFFIDAVIT OF PUBLICATION
Th'e Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that thenotice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date /� — (/ 20 a6
No. Date 20
No Date 20
No Date 20
No. Date 20.
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texae
My Commission Expires 09.094010
day of &Of —
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 11, 2006
NOTICE OF PUBLIC HEARING
On October 23, 2006; at 00 p.m., the City Council of the
City of Pearland, Texas, will hold a public hearing to consid-
er the addition to the boundaries of Reinvestment Zone No.
2, City of Pearland, Texas (the "Zone") the right-of-way of
Broadway between Kirby and Kingsley, as shown on the
drawing below, and the amendment of the Project Plan and
Reinvestment Zone Financing Plan (the "Plan") for the Zone
to: (i) increase the geographic area'of the Zone, (ii) increase
the amount of bonded indebtedness to be incurred, (iii)
increase the total estimated project costs, and (iv) make any
other necessary or convenient changes. Interested persons,
including the owners of property proposed to be included in
the zone, will be provided a reasonable opportunity to be
heard for or against the addition of land to the zone, the con-
cept of tax increment financing, the amendment of the Plan,
or any other matter related to the zone or the amendment to
the plans. The hearing will take place in Council Chambers
at City Hall, 3519 Liberty Drive, Pearland, Texas.
This site is accessible to disabled individuals. For special
assistance, please call Young Lorfing at 281.652.1655, prior
to the meeting so that -appropriate arrangements can be
made. -
Isi Young Lorfing, TRMC
City Secretary
sor:f- • rfcY
- ,-EXHIBIT `8'
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