Ord. 1314 2006-11-13ORDINANCE NO. 1314
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, CITY OF PEARLAND, TEXAS (THIRD
AMENDMENT); 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 City approved and adopted the Project Plan and Reinvestment
Zone Financing Plan (the "Plans") for the Zone on August 23, 1999, by Ordinance No.
918; and
WHEREAS, the City approved and adopted a First Amendment to the Plans on
July 10, 2006, by Ordinance No. 1276; and
WHEREAS, contemporaneously with the consideration of this Ordinance, the
City Council is considering the adoption of an Ordinance approving and adopting a
Second Amendment to the Plans; and
WHEREAS, contemporaneously with the consideration of this Ordinance, the
City Council is considering the adoption of an Ordinance enlarging the boundaries of the
Zone; and
WHEREAS, the Plans should be amended to include additional public
improvements needed to serve the land in the Zone as enlarged, and the Board of
Directors of the Zone has prepared, approved and recommended adoption of a Third
Amendment to the Plans; and
WHEREAS, a public hearing on the Third Amendment to the Plans was held on
October 23, 2006, and the required notice of such public hearing was published, all in
conformance with the provisions of Sections 311.011(e) and 311.003(c) and (d). Texas
Tax Code;
WHEREAS, the proposed improvements in the Zone as detailed in the Third
Amendment to the Plans will significantly enhance the value of all taxable real property
in the Zone and will be of general benefit to the City;
ORDINANCE NO. 1314
NOW, THEREFORE, BE IT RESOLVED 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 Third Amendment to the Plans, a copy of which is attached
hereto as Exhibit A, is hereby approved and adopted. The Plans as amended by the
Third Amendment are hereby determined to be feasible and are approved. The
appropriate officials of the City are authorized to take all steps necessary to implement
the Third Amendment.
Section 3. The City Secretary is directed to provide copies of the Third
Amendment 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.
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.
2
ORDINANCE NO. 1314
PASSED and APPROVED on First Reading this 23rd day of October, A.D., 2006.
CITY OF PEARL. TEXAS
TomReid
Mayor
ATTEST:
PASSED and APPROVED on Second and Final Reading this 13th day of November,
A.D., 2006.
CITY OF PEAR , TEXAS
Tom Reid
Mayor
ATTEST:
ng L
ty Sectary
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
Exhibit "A"
Ordinance No. 1314
REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
3rd AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
SHADOW
CREEK
RANCH
CITY COUNCIL
2006-2007 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Kevin Cole
Council Member Hon. Richard Tetens
Hon. Helen Beckman
Hon. Steve Saboe
Hon. Felicia Kyle
City Manager William Eisen
3rd Amendment to TIRZ 2 Project and Financing Plan 2
BOARD OF DIRECTORS
2005-2006 Board Members
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Donna Coleman
State Senator Designee
Gary Davis
State Representative Designee
Nigel Harrison, Chair
City of Pearland Designee
Gary Cook, Vice Chair
City of Pearland Designee
Ken Phillips
City of Pearland Designee
Jo Knight
City of Pearland / Alvin
Independent School District
Designee
Mike Pyburn
Alvin Independent School District
Designee
Ron Castillo
Fort Bend County Designee
Larry Loessin
Brazoria County Designee
3rd Amendment to TIRZ 2 Project and Financing Plan 3
3rd 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 3rd 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
improvement and widening of Broadway/FM 518.
II. 3rd Plan Amendment
Pursuant to inquiries and requests from Brazoria and Fort Bend Counties regarding
assurances that Broadway/FM 518 be completed from S.H. 288 to F.M. 521 the Zone
boundaries must be amended to include approximately 7 acres of right-of-way, currently
outside the Zone, on which two lanes of Broadway/FM 518 will be constructed. This
right-of-way is situated between Kirby Drive and Kingsley as approximated in the map
below:
When adopted, this 3rd Plan Amendment will not amend any portion of the Project Plan
and Reinvestment Zone Financing Plan except as described below. With the adoption of
this 3rd Plan Amendment, by the Board of Directors of the Zone and City Council of
Pearland, the following sections of the Reinvestment Zone Project Plan and Reinvestment
Zone Financing Plan shall be amended as follows:
Proiect Plan
A. Existing Uses and Condition/Boundaries (311.011(b)(1)
3rd Amendment to TIRZ 2 Project and Financing Plan
4
The boundary of the Zone will be amended to include the area described on Exhibit "A"
to this Plan Amendment. Once amended, the boundary of the Zone will be as described
on Exhibit "B."
Reinvestment Zone Financing Plan
A. Estimated Project Cost Description (311.011(c)(1) Section 1. Infrastructure
Improvements.
The estimated costs for Infrastructure Improvements, as described on Exhibit E in the
Financing Plan, are amended to include $8million for construction of Broadway/FM 518,
consisting of $900,000 in engineering and $7.1 million for construction and
contingencies.
B. Kind, Number and Location of TIRZ Improvements (311.011(c)(2)
The location of the improvements proposed in this amendment is shown on Page 4 of this
amendment.
C. 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 $8 million cost of construction of Broadway/FM
518 contemplated herein.
3rd Amendment to TIRZ 2 Project and Financing Plan
5
EXHIBIT "A"
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 comer 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 less, 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 comer;
THENCE, SOUTHERLY, 50 feet, more or less, 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 less, 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 less, along the arc of a curve to the left having a radius of 35 feet, to a
point for comer,
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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 less, 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 less, 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.
/0-23,Zoom
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EXHIBIT "B"
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 comer 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;
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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 comer on the west line of the J. Crawley Survey, Abstract
174, Brazoria County, Texas;
THENCE, SOUTHERLY, 3,482 feet, more or less, along the west line of said J. Crawley
Survey to a point for comer 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 less, 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 comer,
THENCE, SOUTHERLY, 50 feet, more or less, to a point for comer 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 less, to a point for comer, 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 less, to a point for comer on the centerline of County Road 48 (Old Airline Highway);
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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 Tess, 10 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 comer 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 comer 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 comer, 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 comer, same being the southeast corner of the aforesaid 132.5682 acre tract and the
common east comer of said Manuel Escalera Survey and the aforementioned A.B. Langermann
Survey;
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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 Tess, to a point for comer, same being the southwest comer 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
less, to a point for comer 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 less, 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 comer 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 less, 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 less, 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.
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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.
10 — Z 3 - z oolo
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