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HomeMy WebLinkAboutO-2014-3508 enlarging the boundaries of TIRZ No. 1City of LaPorte, Texas, Ordinance No.;O—35N AN ORDINANCE ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT, PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR 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 City may enlarge the boundaries of an existing reinvestment zone pursuant to Section 311.007, Texas Tax Code; and WHEREAS, the proposed enlarged zone ("Enlargement Area") meets the requirements for enlarging an existing reinvestment zone pursuant to Section 311.006(b), Texas Tax Code; and WHEREAS, the proposed improvements in the Enlargement Area will significantly enhance the value of all taxable real property in the proposed enlarged zone and will be of general benefit to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, 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 311.006 and 311.007(a), hereby amends Ordinance 99-2325 to enlarge Reinvestment Zone Number One, City of La Porte, Texas, by adding the Enlargement Area, 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 hereto as Exhibit B and incorporated for all purposes,. Section 3. The Zone shall be enlarged as of the effective date of this Ordinance. � a a€ 5 e . big'H XM g.��' -�1 r aha_ b; a e K a @�q0ik HE j di An 3 $ eLLI e d Ij€% : . .. 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FT) LA PORTE OUTLOTS SUBDIVISION RICHARD PEARSALL SUVEY, A-612 HARRIS COUNTY, TEXAS Being all that certain 17.3705 acres (756,658 sq. ft.) of land situated in the Richard Pearsall Survey, A-625, Harris County, Texas, and being all of Lots 56 & 57 and portions of Lots 58, 59, 60, 63, 64 & 65 of the La Porte Outlots Subdivision as recorded under Volume (Vol.) 59, Page (Pg.) 313 of the Harris County Deed Records, and being out of a called 6.6322 acre tract conveyed to Lawrence B. Chapman, Trustee as recorded under Harris County Clerk's File (H.C.C.F.) No. H2O5928, and out of a called 25.8292 acre tract conveyed to Lawrence B. Chapman, Trustee as recorded under H.C.C.F. No. G933350 and a previously apportioned and occupied area of the north -south excess in the Block between North D Street and Main Street (Spencer Highway) said 17.3705 acre tract being more particularly described as follows: (Bearings based on the Texas Coordinate System, South Central Zone, NAD83, 2011 Adjustment) BEGINNING at a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the northeast corner of the herein described tract, same being located in the south line of Lot 41 and the north line of Lot 60, as apportioned, of said La Porte Outlots, said point lying in the west right-of-way of Sens Road (width varies); THENCE South 03°02'03" East, along said west right-of-way, a distance of 312.49 feet to a 5/8 - inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the most easterly southeast corner of the herein described tract; THENCE South 86°58'35" West, over and across said 6.6322 acre tract, a distance of 725.27 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for an interior corner of the herein described tract and lying in the west line of a called 80 feet wide pipeline easement conveyed to Humble Pipeline Company as recorded under H.C.C.F. Nos. D550217 & D597345, Vol. 1093, Pg. 302, Vol. 2941, Pg. 218, Vol. 7527, Pg. 283, Vol. 2304, Pg. 258 of the H.C.D.R.; THENCE South 08°44'42" East, along said west line of pipeline easement, a distance of 281.42 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for an angle point in the south line of the herein described tract; THENCE South 86°56'46" West, a distance of 916.78 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the southwest corner of the herein described tract, said point lying in the west line of the aforementioned 25.8292 acre tract, same being the east line of Block 1 of the Final Plat For Spencer Landing Subdivision Section 2 as recorded under Film Code (F.C.) No. 421149 of the Harris County Map Records (H.C.M.R.); D:\cfa\2013\10004. Bea zer_La_Porte_16.5Ac\SUR\1310-004-01-01_17.36AC M&B.doc Page 2 of 2 THENCE North 02'42'16" West, along the east line of said Block 1, a distance of 592.13 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the northwest corner of said Lot 56, as apportioned, and a angle point in said east line of said Block 1; THENCE North 86041'45" East, along the north line of Lot 56 and the south line of Lot 41, as apportioned, of the aforementioned La Porte Outlots Subdivision, a distance of 280.96 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for a angle point in the north line of the herein described tract, and the southeast corner of Lot 24 of said Block 1, said point being the southwest corner of a called 0.9358 acre tract conveyed to James Furlow as recorded under H.C.C.F. No. 20130280293; THENCE North 86°59'53" East, along the south line of Lots 44 & 43 as apportioned and conveyed to James W. Furlow & wife Joan P. Furlow, as recorded under H.C.C.F. Nos. L884630 & L884631 and Lots 42 and 41 as apportioned and conveyed to the La Porte Independent School District, as recorded under H.C.C.F. NO. S583257, a distance of 1329.68 feet to the POINT OF BEGINNING and containing 17.3705 acres (756,658 sq. ft.) of land more or less. NOTES: 1. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 2. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley & Associates, Inc. dated June 13, 2013, titled "LAND TITLE SURVEY OF TRACT 1, 17.3705 ACRES, LA PORTE OUTLOTS SUBDIVISION, RICHARD PEARSALL SURVEY, A-625, HARRIS COUNTY, TEXAS". Cobb, Fendley & Associates, Inc. 13430 Northwest Freeway, Suite 1100 Houston, Texas 77040 Phone: (713) 462-3242 Job No. 1310-004-01-01 June 13, 2013 D:\cfa\2013\10004. Bea zer_La_Porte_16.5Ac\SUR\1310-004-01-01_17.36AC M&B.doc Page 1 of 2 TRACT 2 DESCRIPTION OF 15.6836 ACRES (683,176 SQ. FT) LA PORTE OUTLOTS SUBDIVISION RICHARD PEARSALL SUVEY, A-612 HARRIS COUNTY, TEXAS Being all that certain 15.6836 acres (683,176 sq. ft.) of land situated in the Richard Pearsall Survey, A-625, Harris County, Texas, and being out of Lots 58 through 65 of the La Porte Outlots Subdivision as recorded under Volume (Vol.) 59, Page (Pg.) 313 of the Harris County Deed Records, and being out of a called 6.6322 acre tract conveyed to Lawrence B. Chapman, Trustee as recorded under Harris County Clerk's File (H.C.C.F.) No. H2O5928, and out of a called 25.8292 acre tract conveyed to Lawrence B. Chapman, Trustee as recorded under H.C.C.F. No. G933350, said 17.3705 acre tract being more particularly described as follows: (Bearings based on the Texas Coordinate System, South Central Zone, NAD83, 2011 Adjustment) BEGINNING at a 5/8 -inch iron rod found for the southeast corner of the herein described tract and said 25.8392 acre tract, said point being the southerly corner of a cut-back corner of the northwest corner of the intersection of Spencer Highway (width varies) and Sens Road (width varies) THENCE South 86°57'29" West, along the north right-of-way of Spencer Highway, a distance of 1580.78 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the southwest corner of the herein described tract, same being the southwest corner of said 25.8292 acre tract, and the southeast corner of Lot 4, Block 1, of Final Plat For Spencer Landing Subdivision, Section 2, as recorded under Film Code No. 421149 of the Harris County Map Records; THENCE North 02042'l 8" West, along the east line of said Block 1, a distance of 300.01 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the northwest corner of the herein described tract; THENCE North 86056'46" East, over and across said 25.8292 acre tract, a distance of 916.78 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for a angle point in the north line of the herein described tract, said point lying in the west line of a called 80 feet wide pipeline easement conveyed to Humble Pipeline Company as recorded under H.C.C.F. Nos. D550217 & D597345 and Vol. 1093, Pg. 302, Vol. 2941, Pg. 218, Vol. 7527, Pg. 283, Vol. 2304, Pg. 258; D:\cfa\2013\10004.Beazer La_Porte_16.5Ac\SUR\1310-004-01-01_15.68AC M&B.doc Page 2 of 2 THENCE North 08044'42" West, along the west line of said 80 feet wide pipeline easement, a distance of 281.42 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for a angle point in the north line of the herein described tract; THENCE North 86°58'35" East, a distance of 725.27 feet to a 5/8 -inch iron rod with a plastic cap stamped "Cobb Fendley & Associates" set for the northeast corner of the herein described tract, said point lying in the west right-of-way of said Sens Road; THENCE South 03°02'03" East, along said west right-of-way, a distance of 544.65 feet to a 5/8 - inch iron rod found for the beginning of a cut-back corner of the southeast corner of the herein described tract and the northwest corner of the intersection of said Sens Road and Spencer Highway; THENCE South 41 °40'46" West, along said cut-back, a distance of 49.74 feet to the POINT OF BEGINNING and containing 15.6836 acres (683,176 sq. fl.) of land more or less. NOTES: 1. Square footage area shown is for information only and surveyor does not certify accuracy of survey to nearest square foot. 2. This metes and bounds description is referenced to a survey drawing prepared by Cobb, Fendley & Associates, Inc. dated June 13, 2013, titled "LAND TITLE SURVEY OF TRACT 1, 17.3705 ACRES, LA PORTE OUTLOTS SUBDIVISION, RICHARD PEARSALL SURVEY, A-625, HARRIS COUNTY, TEXAS". Cobb, Fendley & Associates, Inc. 13430 Northwest Freeway, Suite 1100 Houston, Texas 77040 Phone: (713) 462-3242 Job No. 1310-004-01-01 June 13, 2013 D:\cfa\2013\10004.Beazer_La_Porte_16.SAc\SUR\1310-004-01-01_15.68AC M&B.doc Section 4. The tax increment base for the Enlargement Zone shall include the tax increment base established by Ordinance creating the Zone and, beginning January 1, 2014, shall include the tax increment base attributable to the land added to the Zone by this Ordinance, which shall be January 1, 2013. Section 5. The City Council finds that notwithstanding the enlargement of the Zone boundary to include the Enlargement Zone, the Zone continues to meet the requirements of Section 311..006 of the Texas Tax Code. Section 6. Except as amended herein, Ordinance 99-2325 shall remain in full force and effect. 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 8. 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. Section 9. This Ordinance shall be effective upon its passage and approval. PASSED, APPROVED AND ADOPTED on this�Id CITY OF UA FORTE, TEXAS Louis 11 Rigby, Ma 2 APPROVED AS TO FORM: City Attorney Exhibit A ®�j( TIRZ Enlargement 2013