R99-057 08-09-99RESOLUTION NO. R99-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH FORT BEND
COUNTY TO COOPERATE IN ESTABLISHING CONDITIONS FOR
PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2
WITHIN THE CORPORATE CITY LIMITS OF PEARLAND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of
Pearland and Fort Bend County, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager Or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached agreement for and
on behalf of the City of Pearland, to cooperate with the aforementioned entity in
establishing conditions for participation in Tax Increment Reinvestment Zone No. 2
within the corporate city limits of Pearland.
PASSED, APPROVED and ADOPTED this day of
~d,,.~',,)~ , A.D., 1999.
ATTEST:
~'~~ETA
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
the
THE STATE OF TEXAS
COUNTIES OF FORT BEND,
BRAZORIA AND HARRIS
AGREEMENT
I. PARTIES
A. Address
THIS AGREEMENT ("Agreement") is made by and between the CITY OF PEARLAND, TEXAS
("City"), a municipal corporation and home-rule city of the State of Texas principally situated in the
Counties of Fort Bend, Brazoria, and Harris, acting by and through its governing body, the City Council;
FORT BEND COUNTY ("County"), located at 301 Jackson, Suite 719, Richmond, Texas 77469; and the
REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (the "Reinvestment Zone"), a
reinvestment zone created by the City of Pearland pursuant to Chapter 311 of the Texas Tax Code,
acting by and through its Board of Directors. This Agreement is made pursuant to Section 311.013 of
the Texas Tax Code, which Section permits a taxing unit to enter into agreements to pay into the tax
increment fund any of its tax increment produced from property located in a reinvestment zone.
The initial addresses of the parties, which one party may change by giving written notice of its
changed address to the other parties, are as follows:
City County
City Manager
or Designee
City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Fort Bend County
Attention County Judge
301 Jackson Street, Suite 719
Richmond, Texas 77469
The Reinvestment Zone
Reinvestment Zone Number
Two, City of Pearland, Texas
Attention: Chairman
c/o City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
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B. Index
The City, the County and the Reinvestment Zone hereby agree to the terms and conditions of this
Agreement. This Agreement consists of the following sections:
Section/Description
I. PARTIES
Pacje
1
II. DEFINITIONS 5
III. BACKGROUND 6
IV. OBLIGATIONS OF THE COUNTY
V. OBLIGATIONS OF CITY AND THE REINVESTMENT ZONE
8
VI. TERM AND TERMINATION 8
VII. MISCELLANEOUS 9
Exhibit "A" -- City of Pearland Ordinance No. 891
C. Parts Incorporated
All of the above described sections and documents are hereby incorporated into this Agreement
by this reference for all purposes.
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December 16, 1998, 3:30 p.m.
IN WITNESS HEREOF, the City, the County and the Reinvestment Zone have made and
executed this Agreement in multiple copies, each of which is an original.
CITY OF PEARLAND, TEXAS,
a hom~~:a~,
City Mayor Date
FORT BEND COUNTY
f2,/.,<':'.f/' County Judge Date
ATTEST:
~C-~ Se;~ Date
Commissioner Date
Commissioner Date
COUNTERSIGNED:
Commissioner Date
City Manager Date
Commissioner Date
APPROVED AS TO FORM:
City Attorney
Date
APPROVED AS TO FORM:
Attorney /
Date
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December 16, 1998, 3:30 p.m. '3'
REINVESTMENT ZONE NUMBER TVVO,
CItY OF PEARLAND, TEXAS
By: Date
Title: Chairman, Board of Directors
ATTEST/SEAL:
By: , ate
Title: Secretary, Board of Directors[:)
[The remainder of this page is intentionally left blank.]
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II. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set out below:
"Administrative Costs" means the costs of organizing the Reinvestment Zone, the costs .of
operating the Reinvestment Zone and the imputed administrative costs associated with the Reinvestment
Zone incurred by the City in connection with the implementation of the project plan.
"Agreement" means this agreement between the City, the County and the Reinvestment Zone.
"Agreement Term" is defined in Section VI.
"Captured Appraised Value" means the captured appraised value of the Reinvestment Zone as
defined by Chapter 311, Texas Tax Code.
"City" is defined in Section I of this Agreement and includes its successors and assigns.
"Countersignature Date" means that date shown as the date countersigned by the City Manager
on the signature page of this Agreement.
The "County" is defined in Section I of this Agreement and includes its successors and assigns.
The "County Tax Increment Participation" means the amount of the County tax levy on the
Captured Appraised Value which the County agrees to contribute to the Reinvestment Zone pursuant to
Subsections A and B of Section IV of this Agreement.
"Project Plan" means the project plan and reinvestment zone financing plan for the Reinvestment
Zone adopted by the board of directors of the Reinvestment Zone and approved by the City Council of
the City.
"Reinvestment Zone" means Reinvestment Zone Number Two, City of Pearland, Texas created
by the City on _D,.ec 2]., ],998 , by Ordinance No. 89], , attached as Exhibit "A," and includes
its successors and assigns.
"Tax Increment Fund" means the tax increment fund created by the City in the City Treasury for
the Reinvestment Zone.
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December 16, 1998, 3:30 p.m.
Otherwise, the terms used herein shall have the meanings ascribed to them in Chapter 311,
Texas Tax Code, as applicable.
III. BACKGROUND
By Ordinance No. 891 ,adopted Dec 21, 1998 , the City created the Reinvestment
Zone for the purposes of development and redevelopment in the area of the Reinvestment Zone. The
City will deposit tax increments produced in the Reinvestment Zone in the Tax Increment Fund. The
County desires to participate in the Reinvestment Zone in consideration for the agreements set forth
below.
The County received written notice from the City of the City's intent to establish the Reinvestment
Zone. Such notice was received more than sixty (60) days before the public hearing on the creation of
the Reinvestment Zone and conforms in all respects to the requests of §311.003 of the Texas Tax Code.
IV. OBLIGATIONS OF THE COUNTY
A. Tax Increment Participation by the County
For and in consideration of the agreements of the parties set forth herein, and subject to the
remaining subsections of this section, the County agrees to participate in the Reinvestment Zone by
contributing the below listed amounts of the tax increment produced in the Reinvestment Zone
attributable to the County to the Tax Increment Fund during the term of this Agreement (the "County Tax
Increment Participation").
(1) The amount in the years 1999 through 2008 is the amount of taxes collected by the County
in each of such years at a County tax rate of $0.624100 per $100 valuation on the Captured Appraised
Value. If the County tax rate is less than $0.624100 during such period, then the County Tax Increment
Participation is the total amount of taxes collected by the County at the actual tax rate of the County on
the Captured Appraised Value. Taxes collected during such period by result of a County tax levy at a tax
rate greater than $0.624100 shall be retained by the County.
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December 16, 1998, 3:30 p.m.
(2) The amount in years 2009 through 2018 is the amount of taxes collected by the County in
each of such years at a rate of $0.468075 per $100 valuation on the Captured Appraised Value. If the
County tax rate is less than $0.468075 for such year, then the County Tax Increment Participation in such
year is the total amount of taxes collected by the County at the actual tax rate of the County on the
Captured Appraised Value. Taxes collected by result of a County tax levy at a tax rate greater than
$0.468075 shall be retained by the County.
(3) The amount in years 2019 through 2028 is the amount of taxes collected by the County in
each of such years at a rate of $0.312050 per $100 valuation on the Captured Appraised Value. If the
County tax rate is less than $0.312050 for such year, then the County Tax Increment Participation in such
year is the total amount of taxes collected by the County at the actual tax rate of the County on the
Captured Appraised Value. Taxes collected by result of a County tax levy at a tax rate greater than
$0.312050 shall be retained by the County.
The County's Tax Increment Participation and obligation to participate in the Reinvestment Zone
shall be restricted to its tax increment collected on the Captured Appraised Value in the Reinvestment
Zone in the amounts shown above. The County shall not be obligated to pay its County Tax Increment
Participation from other County taxes or revenues or until the County Tax Increment Participation in the
Reinvestment Zone is actually collected. The obligation to pay the County Tax Increment Participation
shall accrue as taxes representing the County tax increment are collected and payment shall be due on
the first day of each calendar quarter.
B. Expansion of the Investment Zone
The obligation of the County to participate in the Reinvestment Zone is limited to the area
described in Exhibit "A" attached hereto. The County's participation shall not extend to the tax increment
on any additional property added to the Reinvestment Zone by the City unless the County approves the
participation.
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December 16, 1998, 3:30 p.m.
C. Board of Directors
As a participating taxing unit, the County shall have the right to appoint one (1) member on the
Reinvestment Zone Board of Directors. Failure of the County to appoint a person to the Board of
Directors of the Reinvestment Zone by March 1, 1999, shall be deemed a waiver of the County's right to
make an appointment by a later date.
V. OBLIGATIONS OF CITY AND THE REINVESTMENT ZONE
A copy of the Reinvestment Zone Project Plan and any amendments thereto shall be provided
to the County before any such plan is finally approved by the Reinvestment Zone.
VI. TERM AND TERMINATION
A. Agreement Term
This Agreement shall become effective as of the date of the final signature hereto, and shall
remain in effect until thirty (30) years later. The first payment of the County Tax Increment Participation
shall be for those taxes levied by the County in the year 1999 and the last payment by the County under
this Agreement is for those taxes levied by the County in the year 2028.
B, Early Termination
The City shall not adopt an ordinance terminating the Reinvestment Zone eadier than the duration
of the Zone established in Ordinance No. 891 , without the prior consent of the County, provided
that the Reinvestment Zone may otherwise terminate by operation of law.
C. Disposition of Tax Increments
Upon termination of the Reinvestment Zone, if all public improvements in the Project Plan have
been constructed and financed and if all Reinvestment Zone debt is paid in full, the City and the
Reinvestment Zone shall pay to the County all monies remaining in the Tax Increment Fund that are
attributable to the County Tax Increment Participation.
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December 16, 1998, 3:30 p.m.
VII. MISCELLANEOUS
A. Severability
In the event any term, covenant or condition herein contained shall be held to be invalid by any
court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein
contained, provided that such invalidity does not materially prejudice either the County, the City or the
Reinvestment Zone in their respective rights and obligations contained in the valid terms, covenants or
conditions hereof.
In the event any term, covenant or condition shall be held invalid and affects in any manner the
limitations on the County's contributions or participation, then this Agreement shall be void as to the
County and the County shall have no liability for any incremental or other payments as may otherwise be
provided for in this Agreement.
B. Entire Agreement
This Agreement merges the prior negotiations and understandings of the parties hereto and
embodies the entire agreement of the parties, and there are no other agreements, assurances,
conditions, covenants (express or implied) or other terms with respect to the covenants, whether written
or verbal, antecedent or contemporaneous, with the execution hereof.
C. Written Amendment
Unless otherwise provided herein, this Agreement may be amended only by written instrument
duly executed on behalf of each party.
D. Notices
All notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal
Service post office or receptacle with proper postage affixed (certified mail, return receipt requested)
addressed to the respective other party at the address prescribed in Section I of this Agreement or at
such other address as the receiving party may have theretofore prescribed by notice to the sending party.
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De~jnber 16, 1998, 3:30 p.m.
E. Non-Waiver
Failure of any party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not
be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict
compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result
of any future default or failure of performance.
F. Assignment
No party shall assign this Agreement at law or otherwise without the prior written consent of the
other parties.
No party shall delegate any portion of its performance under this Agreement without the written
consent of the other parties.
G. Successors
This Agreement shall bind and benefit the parties and their legal successors. This Agreement
does not create any personal liability on the part of any officer or agent of the City or of any trustee,
officer, agent or employee of the County.
H. No Waiver of Immunity
No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees,
officers, employees, and agents as a result of its execution of this Agreement and performance of the
covenants contained herein.
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December 16, 1998, 3:30 p.m.
City of Padand, 'Texas, Ordinance No~ 891
AN ORDINANCE DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA
WITHIN THE CITY OF PEARLAND AS REINVESTMeNT ZONE NUMBER
TWO, CITY OF PEARLAND, TEXAS; CREATING A BOARD OF
DIRECTORS FOR SUCH ZONE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO
SEVERABILITY CLAUSE.
THE SUBJECT; AND PROVIDING A
WHEREAS, the City Council has received petitions (the "Petitions"), requesting that a
contiguous geographic area in the City of Pearland (the "City"), be designated as a reinvesUnent zone
under the provisions of Chapter 3 11 of the Texas Tax Code; and
WHEREAS, the Petitions were submiRed by the owners of property constituting at least fifty
percent of the appraised value of the property in the proposed reinvestment zone according to the,
most recent cerd~ed appraisal rolls for Brazoria and Fort Bend Counties, Texas, the counties in
which the proposed zone is located; and
WHEREAS, the City has prepared a preliminary reinvestment zone financing plan and has.
presented the plan to the governing body of each taxing unit that levies taxes on real property in the
proposed reinvestment zone; provided written notice of its intent to establi-qh the reinvestment zone
on September 30, 1998, and made a formal presentation to representatives of Brazoria County, Fort
Belld County, Airill Community College, Brazoria Drainage District No. 4, PearlaM Independent
School District, Alvin Independent School District and Fort Bend Independent School District
pursuant to Section 311.003 of the Texas Tax Code; and
WHEREAS, the preliminary reinvestment zone icing plan provides that the City's ad
valorera taxes are to be deposited into the tax increment fund, and that taxes of other taxing units
may be utilized in the financing of the proposed zone; and
WHEREAS, following notice thereof, published on December 13, 1998, in the Houston
Chronicle, a newspaper of general circulation in the City, a hearing was held on the creation of the
proposed zone on December 21, 1998, such hearing being more than 60 days following notice to the
taxing units described above; and
WHEREAS, at the public hearing, all interested persons were allowed to speak for or against
the creation of the proposed zone, its boundaries, or the concept of tax increment icing and
evidence was received and presented at the public hearing in favor of the creation of the proposed
zone under the provisions of Chapter 3 1 I, Texas Tax Code; -
WHEREAS, no owner of real property in the proposed zone protested the inclusion of his
property in the proposed zone; and
WHEREAS, in its consideration of the creation of the proposed reinvestment zone, the City
Council anticipates the participation of the various other taxing units at levels sufficient to carry out
the proposed projects, and ff the actual level of participation by the other taxing units is insufficient
in the determination of the City Council, the proposed reinvestment zone may be terminated by the
City pursuant and subject to the applicable provisions of Chapt~ 3 11 of the Texas Tax Code; and
WItE~, the City will not incur financial obligation solely as a result of the approval of
the creation of the reinvestment zone, with any such financial obligations to be incurred only upon
further approval by City Council,
NOW, THEREFORE, BE IT ORI)AINEI) BY TIlE CITY COUNCIL OF TI~ CITY
OF PEARLAND, TEXAS:
Section 1. Findln~,s.
(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.
VEHOU09:7~01:S.I °2-
(b) That the City Council further finds and declares that the proposed improvements in
the zone will signi~can~y enhance fl~e 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 further finds and declares that the proposed reinvesunent zone
meets the criteria of Section 311.005 of the Texas Tax Code because the proposed zone is an area
designated in a petition submitted by the owners of property constituting at least 50 percent of the
appraised value of the property in the area requesting that the area be designated as a reinvestment
zone.
(d) That the City Councfl, pursuant to the requirements ofChapter 311, Texas Tax Code,
further finds and declares:
( 1 ) That the proposed zone is a contiguous geographic area located wholly within the
corporate limits of the City of Pearland;
(2) 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
by the City;
(3) That the proposed zone does not contain more than fifteen percent of the total
appraised value of real property taxable by Brazoria County, Fort Bend County,
Alvin Independent School District, or Fort Bend Independent School District;
(4) That development or redevelopment within the boundaries of the proposed zone will
not occur solely through private investment in the reasonably foreseeable future.
Section 2. r}esig, ation of the 74~ne
That the City, acting under the provisions of Chapter 311, Texas Tax Code (the "Act"),
including Section 311.005(a)(5), does hereby ~eate and de~i_~,n~_~- a ~'investment zone over the area
~:73035.1 -3'
described in Exhibit "A" and depicted in the map attached hereto as Exhibit "B." The reinvestment
zone shall hereafter be identified as Reinvestment Zone Number Two, City of Pearland, Texas (the
"Zone"). The City Council specifically declares that the Zone is designated pursuant to Section
311.005(a)(5) of the Texas Tax Code. ·
Section 3. Board of Directors
That there is hereby created a Board of Directors for the Zone, which shall consist of nine
(9) members. Position One on the Board of Directors shall be filled by the State Senator
representing the area included within the Zone or his or her dcsignec. Position Two on the Board
shall be ~llod by thc State Representative representing the area included within the Zone or I~s or
her designee. The Mayor is hereby authorized to nominate and al~int the remsining seven (7)
members of the Board to Positions Three through Nine, subject to the consent and approval of the
City Council; provided, however, that (i) Brazoria County shah be entitled to appoint a director to
Position Nine if Brazoria County approves the payment of all or pa~t of the tax increment attributable
to Brazoria County, ('ti) Fort Bend County shall be entitled to appoint a director to Position Eight if
Fort Bend County approves the payment of all or part of the tax increment attributable to Fort Bend
County, (iii) the Alvin Independent School District (*Alvin ISD*) shall be entitled to appoint a
director to Position Seven if Alvin ISD approves the payment of all or part of the tax inct~nent
attn'butablc to Alvin ISD, and (iv) the Fort Bend ~ School Dis~ct (*Fort Bend ISD') shall
be entitled to appoint a director to Position Six if Fort Bend ISD approves the payment of all or part
of the tax increment attributable to Fort Bend ISD. Failure of Brazoria County, Fort Bend County,
,AJvin ISD, or Fort Bend ISD to appoint a director by March 1, 1999, shall be deemed a waiver of
that taxing unit's right to appoint a eftrector, and the lV[ayor shall be entitled to nomln~t_e and appoint
persons to such positions, subject to the consent and approval of City Council.
VEHOU09:73035.! ~
The directon or their designees in Position One and Position Two shall be members of the
board by operation of law pursuant to Section 311.009Co), Texas Tax Code. The initial directors
appointed to Positions Three, Four and Five shall be appointed for two-year terms, be~_'nnirlg
January 1, 1999, while the directors appointed to Positions Six, Seven, Eight and Nine shall be
appointed to one-year terms, beginning January I, 1999. All subsequent appointments shall be for
two-year terms. The member of the Board of Directors appointed to Position Three is hereby
desi-,m~'qt~to serve asthechir ofthe Board of Directors foratetm beginning January 1, 1999, and
ending December 31, 1999. Thereafter, the Mayor shall annually nominate and appoint, subject to
City Council approval, a member to serve as chair for a term of one year beginning January I 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 prepare or cause to be p~pat~ and adopt a project plan and a
reinvestment zone financing plan for the Zone as described in Section 311.011, Texas Tax Code. and
sh3H submit such plans to the City Council for its approval. Th~ City hereby delegates to the Board
of Directors all powers necessary to sdminlster, mallage and operate the Zone ~ prepare afd
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 reimbu~eme~t agreements
payable solely from the Tax Increment Fund established pursuant to Section 6 of this Ordinance
subject to the approval of the City Manager, that may be reasonably necer, sa~ to assist the Board of
Directors in the preparation of the pwject 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, 1999, and termination of the operation ofthe
Zone shall occur on December 31, 2028, or at an earlier time designated by subsequent ordinance,
VEHOU09:TJ(B$.I -5- '
or at such time, subsequ~ to the issuance of tax incremt. nt bonds, if any, that all project costs, tax
increment bonds, and the interest on the bonds, have been paid in full.
Section 5. T.-x 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, 1998, the year in which the
Zone was effective and designated as a reinvestment zone (the "Tax Increment Base").
Section 6. T*~r Increment lPnnd
That there is hen~by 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 subaccounts
shall be rrmlntz, lned 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
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 ~*venues to be used in the Zone shall be deposited into the Tax Increment Fund. Money shall
be disbursed fi'om the Tax lncrelnent Fund only to pay project costs for the Zone, as defined by the
Texas Tax Code, to satisfy the claims of holders of tax increment bonds or notes issued for the Zone
or pursuant to any agreement the Board of Directors considers necessary or convenient to implement
the Zone's project plan and reinvestment zone financing plan ant/achieve their purposes.
Section 7. Severabili{y
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 held to be
unconstitutional, void or invalid, the validity of the rem.ining provisions of this Ordinance or their
application to other persons or set of circumstances shall not be affected thereby, it being the intent
of the City Council in adopting this Ordinance that no portion hereof or regulations contained herein.
shall become inoperative or fail by reason of any unconstitutionality voidness or invalidity of any
portion hereof, and all provisions of this Ordinance are declared severable for that purpose.
Section 8. ODen Meeting,
It is hereby found, determined and declared that a sufficiem written notice of the date, hour,
place and subject of the meeting of the City Council at which this 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 this meeting, as required by the Open Meetings Law,
Texas Gov't Code Ann., ch. SS1, and that this meeting has been open to the public as required by law
at all times during which this Ordinance and the subject m~a~___,.r 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.
S~-~iou 9. Norlees
The contents of the notice of the public hearing, which heating was held before the City
Council on December 21, 1998, and the publication of said notice, is hereby ratified, approved and
confirmed.
VE]iO U09:7303S. I
PASSED AND APPROVED on First Reading this the L~y of December, 1998.
Tom Reid
Mayor
ATTEST:
PASSED, APPROVED AND ADOPTED on ' ' ' of
Tom Reid
Mayor
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
VEH4XJq~.73035.1
Nov~nb~r 3. 1998
Job No. 1545-9803- I00
DESCRIPTION OF
3333 ACRES. MORE OR LESS
SFLa, DOW CREEK RANCH
PLANNED UNIT DEVELOPMENT
Ik'in8 3333 acres of !and, more or less, located in the Dupuy and Roberrs Survey, Abstract 726, Brazoria County;
William ~ Survey, Abstract 344, Braza~ County; T. C. IL IL Co. Survey, Sec4ioe 3, Abstract 678, Brazoria County;
T. C. R .R. Co. Survey, Section 4 (John W. Maxby), Abstra~ 675, Brazoria County; Obediah Pins Survey, Abslracl 717.
Brazoda C4xmty; FLT. & B. R. R. Co. Survey, Section 80 (J.S. Talmage), Absn'act 564, Brazoria County; H. T. & B. R_
IL Co. Sun/ey, Seaion 81, ~ 3OO, Brazoria County, FL T. & B. R. R. ~:o~ Survey, Section 82 (J. S. Taknage),
Abslract 565, liearia ~, H. T. & B. R. R. Co. Suavey, Se~ion 83, Abstract 305 in Brazoria County and Abslract 76 1
in Fort Bend County; S.G. Hayhie Survey, Abstract 212 in Brazoria County, Abstrr4 620 in Fort Bend County and
Abseaa 362 in Harris County; Franklin Hooper Survey, Absa'act 198, Fort Bend County, George W. Me, Donald Sun, ey,
Abstract 577, Fort Bend County; L C. Stafford Sunvey, AbsU~ 668, Fort Bend County and the H. Levering Survey,
Abstracl 279, Fort Bend County, Texas; said 3333 acres, mote or less, being more particularly descnl~ed as follows:
BECtINNING at the omnmen north oema- of Lois 3 and 4, Block 10 of lhe ALLISON - RICHEY GULF COAST'
HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4, T.C-R.IL SURVEY AND SEC. 82, FL T. & B. IL R.
CO. SURVEY & OBt~IAH PITTS SURVEY, · subdivision of record in vohune 2, Page ~9 of the Plat Records of
Brazoda Cxmnty, Texas (B.C.P.R.) also being on the comtnen line of l~ aforementioned T.C_R.IL Co. Storey, Section 4
on the so~ right-of-way line of Farm to Market Road 2234, 160 feet wide;
~ EASTERLy, 998 feet, more or less, along said southedy fight*of-way line and its easterly extension,
to aPoint for oetner on thewest ihaeofthej. C~:Sureey,~ 174, Brazeria County, Texas;
THENCE, SOUTHERLy, 3482 feet, more or less, along the west line of said J. Crawicy Survey to a point for
comer on the centerline of Hughes Ranch Road, also being the southwest corner of said J. Crawley Survey;
THENCE, EASTE~y. 421 feet. more or less. along the southerly line of said J. CrawIcy Survey and along said
cenlerllne of Hughes Ranch Road. to a point for corner on the centerline of State Highway 288:
THENCE. SOUTHERLy. 2426 feel more or less. along said centerline of State Highway 288 to a point for
comer on the easterly extension ofthe south line ofthat certain called 202.51 acre tracl described in Clerk's File No. 98-
022936, Official Records, Brazoria County, Texas (B. C. O. R.);
Page i of 3
3333 Acres
November 3. 1998
Job. No. 1545-9803-100
THENCE WESTERLy. 2588 feet, more or less, along sa~l easterly extension and the sonlh line of said 202.5 I
acres, to a point for corner on the common line of aforementioned William Morm Sumey and the T.C.R.R. Co. Survey,
Section 4, also being on Ihe east line of Block ! 7 of the aforementioned ALL I SON-RICHEY GULF COAST HOME CO'S
PART OF SUBURBAN GARDENS;
THENCE, SOUTHERLY, 370 f~et, tnore or less, ale~g said common sutvey line ancl the east line ofsaid Biock
17, to m point for corner, samc being the southwest corner of said William Morris Suzvcy and an interior corner of said
T.C.R.R. Co. Survey, Section 4;
THENCE, SOUTHERLy, 2520feet, more or less, along the east lineof Blocks 17, 18 and 19 and le west line
of Blocks 20 aud 21 of said ALLISON-RICHEy GULF COAST HOME CO'S PART OF SUBURBAN' GARDENS, to
a point for oorner on the souttgrty line of County Road 92, 40 foot wide, a de4icated road as shown on aforementioned
ALLISON-RICHEy GULF COAST HOME CO'S PART OF SUBURBAN GARDENS;
THENCE, WESTERLY, 7090 fe~t, more or less, al°ng thesouthedY lineofsaid County Road92, to apoint for
cotner on the west line ofafot~autioned lL T. &B.R.R. Co. Sun, ey, Section gO and the east line of the H. T. &B. R. R.
Co. Survey, Section 84 (R. B. Lyle), Abstract 538 in Brazoria County and Abstrgt 767 in Fort Be~d County,
THENCE, NORTHERLy, 20 feet, meteor less, akmg tho oommou !ino ofsaid H. T. & B. R. R. Co. Survey,
Section gO and Secti~n~4~ap~intf~t~rnor~Mtnebein~th~e~mm~nerofsaidH~T~&B~P`~R~Co~urvey~
Section 8O and Sec~on lB and afovnnentioned H. T.&B.R. R-Co-Survey, See6on 82 and Section83;
THENCE, WESTERLy, 5280 feet, mete or less, along the common line of said H. T. i B. R. R. Co. Survey,
Se~6~n~3andSec6ong4~t~aPoi~fw~ornerontheeast~ineofaf~ti~edFrank~inH~perSun.ey~samebeingthe
c<nnmon west eorne~ of said H. T.&B.R.R. Co. Survey, Sec6on 83 and Secfon lB;
THENCE, SOUTHERLy, 158 feet, more or less. along the common line of said H. T. & B. R. R. Co. Sun, ev.
Secfon 84 and said Franklin Hooper Sun~, ~o a point for cornet, same being the southeast comer of said Franklin Hooper
Survey and the northeast corner of the A.B. Langetman Sun, ey. Abstract 555, Fort Bend County. Texas:
THENCE. EASTERLy, 2636 feet. more or less. along the common line of said Franklin Hcoper Survey and said
A.B. Langerman Survey, to a point for comer on the easterly right-of-way line ofFarm to Market Road 521;
THENCE. NORTHEASTERLy. 9667 feel. mote or less. along said easlerly tight-of-way !me. Io a point for comer
on the centerline of Clear Creek;
Page 2 of 3
3333 Acres
November 3. 1998
Job. No. 1545-9803-100
THENCE. NORTHEASTERLy, 1327 feet. more ot less, along the c,t~nlerlmc of Clear Creek to a point for comer
on the albr.~ncntioned southerly right-of-way !me of Farm to Market Road 2234;
THENCE, SOUTHEASTERLy, 1519 feet. more or less, along said southerly right-of-way line to a point for
comer on the Fort Bend and Brazoria County line;
TI-tENCE. NORTHEASTERLy, 168 feet, more or less, along said county line, to a point for corner on the
northerly right-of-way line of said Faran to Market Road 2234, same being the southwest corner of that certain called
99.6852 acr~ tract, described as Parcel Two, in Volume (88) 619, Page 668 orsaid B.C.O.R., Volume 2093, Page 85 of
said, F.B.C.O.R. and Cierk's File No. L979491, Offncial Public Records of Real Property, Harris County, Texas;
THENCE, NOR THEASTERL y, 14 i 8 feet, more or less, along the westerly line of said 99.6852 acre tract, to a
point for corner, same being the northwest corner of said 99.~6852 acre ~..ct; '
THENCE, EASTERLy, 2040 feet, mote or less, along the northerly line of said 99.6852 acre tract, to a point for
corner on the westerly right. of-way line of County Road 48 (60 feet wide);
THENCE, SOUTHERLy, 80 feet, tnm~ or less, along said westerly right-of-way line, to a point for comer on the
aforementioned centerline of Clear Creek;
THENCE,EASTERLY~25~fegt,tn~or~ess~a~g~hecemet~inetneanders~fC~earCreektoap~intfor~tner
on the natlgrly line ofaforeanentioned Lot 3, Block I0 of said ALLISON-RICHEy GULF COAST HOME CO'S PART
4 and the Dupuy and Rol~. Survey; C.R. R. Co. Survey, Section
THENCE, EASTERLy, 453 feet, nao~ or less, along said north line of Lot 3, Block i0 and said common survey
line to the POINT OF BEGINNING and containing 3333 acres of lancL more or less.
L/,4 Engineering & Surveying, Inc.
Page 3 of 3