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HomeMy WebLinkAboutO-2022-3899City of La Porte, Texas, Ordinance No. 2022 - 3899 AN ORDINANCE APPROVING THE THRID AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND EXPANDING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, BY 3.7 ACRES, TO INCLUDE THE PROPOSED SYLVAN BEACH ENCLAVE DEVELOPMENT; AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Council of the City of La Porte ("City") pursuant to the provisions of Chapter 311, Texas Tax Code, and Ordinance 99-2325, created Reinvestment Zone Number One, City of LaPorte, Texas, (the "Zone"); and WHEREAS, the Board of Directors of the Zone has adopted and recommended, and the City has approved, the Project Plan and Reinvestment Zone Financing Plan (the "Plan") for the Zone; and WHEREAS, the Board of Directors of the Zone has adopted and recommended, and the City has approved the 2013 Amendment to the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One that reflects the enlargement of the Zone Boundaries, and WHEREAS, in the said Ordinance 99-2325, the effective date specified for the Zone was January 1, 2000, and the termination date specified for the Zone was December 31, 2029, establishing a 30-year duration; and WHEREAS, the Board of Directors of the Zone has adopted and recommended, and in Ordinance 2021-3825 the City has approved the 2020 Amendment to the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One that authorized the extension of the duration of the Zone to December 31, 2034, establishing a 35-year duration, and WHEREAS, at its September 27, 2022, board meeting, the Board of Directors of the Zone considered and adopted the Third Amendment to the Plan that expands the boundaries of the Zone by 3.7 acres ("Expanded Area"), to include the proposed Sylvan Beach Enclave development ("Third Amendment"), and has recommended the Third Amendment for approval by the City; and WHEREAS, pursuant to Texas Tax Code Sections 311.007(c) and 311.017(a)(1), the City Council may, by ordinance, expand a reinvestment zone's boundaries beyond those originally established for a zone; and WHEREAS, in accordance with Texas Tax Code Section 311.006(a)(1) less than thirty percent (30%) of the property within the Expanded Area, excluding property dedicated to public use, is used for residential purposes WHEREAS, in accordance with Texas Tax Code Section 311.006(a)(2)(B) the total appraised value of taxable real property within the Expanded Area and in any other existing reinvestment zones does not exceed fifty percent (50%) of the total appraised value of taxable real property within the City and in the industrial districts created by the City and WHEREAS The City Council finds that notwithstanding the enlargement of the Zone boundary to include the Expanded Area, the Zone continues to meet the requirements of Section 311.006 of the Texas Tax Code. WHEREAS, Texas Tax Code Section 311.003(c) provides that the City publish notice of a public hearing not later than the seventh (7) day before the date of the public hearing in a newspaper having general circulation in the municipality; and WHEREAS, the City Council, pursuant to Texas Tax Code Sections 311.003 and 311.011, after public notice thereof was given in a newspaper of general circulation of the City, conducted a public hearing on October 24, 2022, at which property owners and other interested persons were allowed to speak, and finds that the amendments herein do not violate the limitations in Section 311.006(a) of the Texas Tax Code and are eligible for adoption under said Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. Findings. 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. Expansion of the Zone. That the boundaries of Reinvestment Zone Number One, City of La Porte, Texas, is hereby expanded by 3.7 acres, to include the proposed Sylvan Beach Enclave development, designated by map illustration attached hereto as Exhibit A and incorporated for all purposes, and more specifically defined by survey metes and bounds description attached as Exhibit B and incorporated for all purposes Section 3. Approval of the Third Amendment. The Third Amendment, attached hereto as Exhibit "C" and incorporated for all purposes, is hereby determined to be feasible and is approved. The appropriate officials of the City are authorized to take all steps reasonably necessary to implement the Third Amendment. Section 4. Severability. 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. Open Meeting. 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. GOWT CODE, 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 confinns such written notice and the contents and posting thereof. Section 6. Effective Date. This Ordinance shall be effective upon its passage and approval. th PASSED, APPROVED AND ADOPTED ON THIS 0" DAY OF bz- . , 2022 CITY OF LA PORTE, TEXAS APPROVED AS TO FORM: Clark Askins, Assistant City Attorney EXHIBIT A s r~,g. ..� �4�,. r,, .J ,�+. G is 1Ty i i � '�•'Ih t'' ` � ��'df��1 y _ 51 >, ) Fist AY G bd H SI l•_`rr-.—�i �.� �' r' �• I \.�., �l �5,'�••• _ 7'—'•{.a r � °' � S e>''i f, ��ky, _ .: 1 _ Annexation of - +1- 3.7 Acre Tract ..J� w� ►' fln :) � t _ _—_ � ' • I 'F , fir- .7e 4 °- along S. Broadway$,• a+�a�- $ `ot �i E y. s• �I .'-= _ � � .� �Fairm`ontFrctiry�•�.'� W Fairmo t Prcwy _ . ' r (` r. I ¢ t�r .s"• I.. e. I J yi.3 I Y J• t _ _ Kati _ ,��, r" CitC t•�� q ;rF e c t�' , n►y.� �'tp�/S - spy _ �* f r+; r" r s A r I �.'�'1 'F,, _ _ �r .•��' > � r � _ � '., �,,���'.r'. G� _wit y- � . � ?� / �� +: P� I ' � �� ,;fit 1 �� r •_ �, �•— �' � ,-� tZry �F.• �.;,'��Sv Ir".4 i 1 e F -ti;�tOft ,•.� }' �� �I � � � y JL� �'.:W 4'.r 'I St� —' ' L '� �j�. . i .�.. G:n�.f'` .. ).O'� 4i�A� • j,N \ � 111 of y� J1�IStll. •( \\ xl i,.�Ie Cedar r �� Iti�� +F �,� � wr'�Ki y�yF •�` " Fire 1 x 1� � 1 51- 1 0A VtT ,SJ ;. olt ; La Porte TIRZ No. 1 2022 Annexation Tract Zone 1 Boundary (Original) . Aa � r �' • �� SS` x� zz u . .. _. 0 1,OD0 Feet Property Class, HCAD Apr. 2022 NORTH 1 r I Aerial View, USDA NAIP2020 1 EXHIBIT B 2 3 JURISDICTIONAL BOUNDARY DESCRIPTION 4 2022 ANNEXATION TO 5 TAX INCREMENT REINVESTMENT ZONE NO. 1 6 CITY OF LA PORTE, HARRIS COUNTY 7 8 The 2022 Annexation to City of La Porte Tax Increment Reinvestment Zone (TIRZ) No. 1 is +/- 9 3.7 acres located northeast of intersection of S Broadway St and N Forrest Ave in the City of La 10 Porte Corporate Limits and Abstract No. 35 J. Hunter. The point of beginning is the intersection 11 of east right-of-way (ROW) of S Broadway St and north ROW of East M St Pedestrian Pathway, 12 same being boundary of City of La Porte TIRZ No. 1; 13 Then generally north along east ROW of S Broadway St and boundary of City of La Porte TIRZ 14 No. 1 to corner of+/- 6.265 acre tract CHURCHILL PLACE APTS AMEND RES A BLK 1, 15 (future north ROW of East L St); 16 Then east along boundary of said +/- 6.265 acre tract, same being future north ROW of East L St 17 to interior corner of said 6.26 acre tract (future east ROW of Texas St); 18 Then generally south along boundary of said +/- 6.265 acre tract, and +/- 1.1211 acre SYLVAN 19 BEACH ENCLAVE PHASE ONE RESERVE BLK 1 (DRAINAGE) to southwest corner of said 20 +/- 1.1211 acre tract, and north ROW of East M St Pedestrian Pathway; 21 Then west along north ROW of East M St Pedestrian Pathway, continuing along south boundary 22 line of SYLVAN BEACH ENCLAVE PHASE TWO to east ROW of S Broadway St, same 23 being boundary of City of La Porte TIRZ No. 1 and point of beginning of+/- 3.7 acre 24 annexation tract. JURISDICTIONAL BOUNDARY DESCRIPTION 2022 ANNEXATION INTO TAX INCREMENT REINVESTMENT ZONE NO. 1, CITY OF LA PORTE, HARRIS COUNTY SEPTEMBER 28, 2022 EXHIBIT C MINUTES OF THE JOINT MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY and LA PORTE TAX INCREMENT REINVESTMENT ZONE BOARD OF DIRECTORS September 27, 2022 DETERMINE QUORUM; CALL TO ORDER. The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, and La Porte Tax Increment Reinvestment Zone, held a regular joint meeting, open to the public, on Tuesday, September 27, 2022, at 6:30 p.m., in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, and the roll was called of the duly appointed members of the Board, to -wit: Peggy Antone, Secretary Position 1 Mark Goodwin Position 6 Barry Beasley Position 2 Rick Helton Position 7 Alton Porter Position 3 David Janda Position 8 Kent Remmel Position 4 Kristen Lee Position 9 Nicole Havard Position 5 and all of the above were present, with the exception of Director Remmel, thus constituting a quorum. Also present were David Hawes, Naina Magon, and Linda Clayton, Hawes Hill & Associates, LLP; Mark B. Arnold, Hunton Andrews Kurth, LLP; Corby Alexander, Matt Daeumer, and Haley Bower, City of La Porte; and Muhammad Ali and Taylor Risien, Gauge Engineering. Secretary Antone called the meeting to order at 6:30 p.m. APPROVE MINUTES OF THE JOINT LA PORTE REDEVELOPMENT AUTHORITY AND LA PORTE TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON JULY 27, 2022. Upon a motion made by Director Goodwin, and seconded by Director Helton, the Board voted to approve the Minutes of the July 27, 2022, joint Board meeting, as presented. ACCEPT OATH OF OFFICE AND SWORN STATEMENT OF NEWLY APPOINTED BOARD MEMBERS. Newly appointed Board Member Nicole Havard introduced herself to the Board. Ms. Clayton verified Nicole Havard and Kent Remmel have executed his/her Oath of Office and Sworn Statement and submitted to the City and to the Authority for the records. Upon a motion made by Director Beasley, and seconded by Director Goodwin, the Board voted unanimously to accept the Oath of Office and Sworn Statement of newly appointed Board Members Nicole Havard and Kent Remmel. CONSIDER THE THIRD AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCE PLAN. Ms. Magon reviewed the Third Amended Project Plan and Reinvestment Zone Finance Plan, included in the Board materials. She reported the plan expands the boundaries of the Zone by an additional 3.7 acres to include the proposed Sylvan Beach Enclave development and updates the projects and project costs to support the boundary expansion. Staff answered questions regarding the proposed development and expansion. Upon a motion made by Director Porter, and seconded by Director Beasley, the Board voted unanimously to approve the Third Amended Project Plan and Reinvestment Zone Finance Plan expanding the boundaries of the Zone, as presented. CONSIDER APPROVAL OR OTHER ACTION REGARDING AUTHORITY INVOICES; AND AUTHORIZE ADDING BOARD MEMBERS TO NEW BANK SIGNATURE CARD AND REMOVING INDIVIDUALS FROM SIGNATURE CARD NO LONGER ON BOARD. Mr. Hawes presented the Bookkeeper's Report and went over 4 invoices totaling $132,964.07, included in the Board materials. Director Antone noted a typo for check number #0210 payable to the City of La Porte in the bookkeeper report showing the check in the amount of $109,973.15. The correct amount of check number 0210 is $108,973.15 and was verified by invoice and the written check was in the correct amount. Mr. Hawes requested approval of adding Barry Beasley, Alton Porter, Nicole Havard, Mark Goodwin, Rick Helton, David Janda, and Kristen Lee as authorized signors for the bank checking account #113011258; and removing all other signors with the exception of Peggy Antone and David Hawes. A letter to the bank was presented for signature outlining the adding and removal of signors. Upon a motion made by Director Beasley, and seconded by Director Goodwin, the Board voted unanimously to (a) accept the Bookkeeper's Report and approved payment of invoices, as presented; and (b) Authorized adding Barry Beasley, Alton Porter, Nicole Havard, Mark Goodwin, Rick Helton, David Janda, and Kristen Lee as authorized signors for the bank checking account #113011258; and removing all other signors with the exception of Peggy Antone and David Hawes. RECEIVE UPDATE FROM GAUGE ENGINEERING REGARDING M STREET IMPROVEMENT PROJECT. Mr. Ali reported Gauge Engineering had completed value engineering for the M Street improvement project. He reported Gauge Engineering, Hawes Hill Staff, and City of La Porte staff met to discuss the value engineering. He reported Gauge Engineering identified missing items from the construction plans, design issues, bid item issues, etc. He reported a drainage impact analysis was not performed, and Mr. Alexander verified the City requires a drainage study be performed for improvement projects such as M Street. He also stated the City is recommending and authorized Gauge to conduct the drainage impact analysis. Mr. Hawes stated the need for an October board meeting and at that time a Task Order from Gauge Engineering will be presented for the drainage analysis and other items needed to be conducted. No action from the Board was required. RECEIVE UPDATES FROM THE CITY, DEVELOPERS, AND STAFF ABOUT DEVELOPMENT WITHIN THE ZONE. None. Everything was covered during the meeting. BOARD MEMBER COMMENTS. a. Matters appearing on agenda; and b. Inquiry of staff regarding specific factual information or existing policy. None. ADJOURNMENT. There being no further business to come before the Board, the meeting was adjourned at 7:02 p.m.