Ordinance No. 12,918ORDINANCE NO. 12, 918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, INCLUDING LAND WITHIN REINVESTMENT ZONE NO. ONE,
CITY OF BAYTOWN, TEXAS; APPROVING AN AMENDMENT TO THE
PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN OF THE
ZONE; CONTAINING VARIOUS PROVISIONS RELATED TO THE
FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, the City Council of the City of Baytown passed Ordinance No. 9197 on
August 9, 2001, which created Reinvestment Zone No. One, City of Baytown, Texas, (the
"Zone ") for the purposes described therein, and subsequently approved a Project Plan and
Reinvestment Zone Financing Plan with respect to the zone, as well as the annexation of land
into the zone; and
WHEREAS, the City Council approved the Restated And First Amended Project Plan
And Reinvestment Zone Financing Plan, as amended (the "Plan"), for the Zone; and
WHEREAS, the City Council wishes to add certain land to the Zone located wholly
within the corporate limits of the City, and that improvements in the Zone as enlarged will
significantly enhance the value of all the taxable real property in the Zone and will be of general
benefit to the City; and
WHEREAS, the City Council finds that the areas proposed for addition to the Zone are
unproductive, underdeveloped and blighted, and, additionally, meet the requirements of Section
311.005, Texas Tax Code, because the area to be added substantially arrests or impairs the sound
growth of the City; retards the provision of housing accommodations; constitutes an economic or
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 the predominance of defective or inadequate
sidewalk and street layout; faulty lot layout in relation to size, adequacy, accessibility or
usefulness; are predominantly open or undeveloped and, because of obsolete platting,
deterioration of structures or site improvements, or other factors, substantially impair or arrest
the sound growth of the City; and
WHEREAS, less than 30 percent of the property proposed to be added to the Zone,
excluding property dedicated to public use, is used for residential purposes as defined in Section
311.006(d), Texas Tax Code; and
WHEREAS, the total appraised value of taxable real property in the enlarged Zone and in
any other existing reinvestment zones does not exceed 50 percent of the total appraised value of
taxable real property in the City and in any industrial districts created by the City; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
553205
Section 1: That the findings contained in the preamble to this ordinance are declared
to be true and correct and are hereby adopted as part of this ordinance.
Section 2: That the land described in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes, is hereby included in the boundaries of the Zone.
Section 3: The Plan for the Zone is hereby amended as shown in Exhibit `B,"
which is attached hereto and incorporated herein for all intents and purposes.
Section 4: The appropriate City officials are authorized and directed to take all
actions reasonably necessary to implement the terms of this ordinance.
Section 5: 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 remaining portions of this ordinance or
their application to other persons or sets of circumstances 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 unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this ordinance are
declared to be severable for that purpose.
Section 6: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ AND PASSED by the affirm 4�i a vote of the City Council of the
City of Baytown this the 13th day of August, 2015.
ATTE T:
LETICIA BRYSCH, C Clerk
APPROVED AS TO FORM
JNkACIO RAMIREZ, SR., Civmttomey
TEPHEN H. DON
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Mayor
Exhibit A
Added Land
Exhibit "A"
Boundary Description
TIRZ No 1- Addition of 79 acre tract
City of Baytown, Harris County
The area to be included in the City of Baytown Tax Increment Reinvestment Zone No 1 is approximatey 79 acres
in site and is stuated approx. 2.600 feet east northeast of the intersection of N Main Street and E Wallsv -•e
Road
A 71090 o&4 or ,1445,177 square feet more of foss, treat 91 fond. out of the Coorge Ezra Survey.
Abstract 21. Norris County. Texas end being the Co of the remahig portion of the property described or
the east 112 of Lot 9. out of the subdivision of the Caarpe Elie Looque, recorded In VoWme 72 Pape
439 of the Deed Records of Harris County. Textm and conveyed to South Houston Realty Company in
C fb* *s File No. 2033768 of the Harris County Official Public Records of Rod Properly. Said 79.090 acre
tract baby mono Au9y described as Aof mm with beainye based on the lamas Coordinate System
estc&isned for the South C6rhlrAf Zara from the North American Datum of 19W NAD 83 (NA2011) epoch
2010 00:
COWENCANG Al o /Quad 2 bch iron pie In the south right -or -wy line at leartsvills Rood o 60 -foot
wide county rfphl- of -way as shown on the right -cf -way map prepared Apr4. 1940 under
IVP.A. Official Project No. 65 -1-66 -2749. of the northwest mono► of an I&J105 acre
Potion of Let 8 of mold subdhision of the George 011s Lee" Is- crmod In e deed
recorded in dark's Fla No. 2014W59C198 of the ankral Pibk Records of Red Property of
Harris County. Tesax
THENCE N 77'4646' F Clang and with the south right -of -way fine of said INWbville Roux o
distance of IJ2a05 Peet to o found I inch iron pot an the common roa between sold
Lot 9 and said Lot 4 of the narthwest comer of a 10.00 ocra trod daacrOCd th o deed
recorded in Clark's Foe No *947J60 of the Mom Canty Official Public Records of Reef
Property, for the noYA.est cornar and POWT Or BEGINNING of the ho win dewcrhDwd 71000
Cares;
THENCE N 77'46'48' & over and ocroes said Lot fL deny and with the mouth right -of -way line of
said A11116We rood o distance of 1320.00 feet to a trot 3/4 Inch icon nod we yellow cop
naked `Pope - 000504 ; an the west Wine of o 40.14 ace Portion of Lot 9, described in o
deed recorded th C W a Fie No. 20070261884 of the Harris County Official Prbfiea Records
Of Rod Prapertr. Gam which a found 5/♦! then Iron rod berg N 1079159' & a distance
of 10.80 A14.
THENCE S 12'0957' & Contthafng over and across Sold Lot 9 along and sfM the waist Rea of sold
40.14 caw portion of Lot R passih9 a set J/4 bah Iron rod with rWaa cop manned
`Pepe - Dawson- at the northeast comes of o 2.74 We San Jacinto River Authority
1119111- af-woy aosenratL described In aerk s Fib Nn CJ4f$90 of Ma Horris Count Dead
Records of o dbtdnte of 259.99 kart, cantiwkV Bony Salo west fha6 an trddJb d
dbtonee of 60 Met fa a told distance of 2609:99 Mat to o set J14 bet Iron rod with
rNow cap marked Pepe Dawson' an the nalb line of 0 116.00 acre frect of told
dac**W fn a deed recorded in parkin Fie No. X16S2J9 of fen Harris County Deed
Records. at the ecuthurse Corn& of Me Said 4df4 tress parfian of Lot 9 the sewMaomf
Coma of said west 1A of Lot *
THENCE S 77'46'48' W. Bony and with the common line betwoan said 116.00 ode Vacl and Said
Lot D a distance of 1320.00 Met to o set 314 Inch front rod slth yellow top mated
'Pope - Damon- at the common Lamar between acrd Lot 9, sold Lot a cold 116.00 ocra
Erect and o 41JO84 oars boot described in o dead retarded in Clark's File Nor. M68062
of the Morris County OfBdd Public Records of Red Preprty. from ohlah o set J14 inch
Irish rod with yatlea cop marked 'Pepe- Dawson' at the northwest tamer of sod San
Jacinto River Authority right -ol -soy eassnent bans N 12119'57' F4 a distance of 120.00
Met:
rMENtE N 12V957- W along and with the common She between Said Lot 8 and send Lot 9.
Passing o found rJ /8 btdt Iron rod of the Souehewt comer of a 4,13043 acv portion of
Said Lot Q deICT&O'd b 6 deed retarded N Cl&iti Fin No. 20140049797 of the Marrs
County OH/elat Public Reoardv of Red Propwrtyl at a distance of 10249 Asst continuing
deny said common that on oddf wort dIstanoa of 767.02 feet to a found f inch Iran pale
Of the southwest comer Of said 10 sae POrUcn of Lot A eantDwthg along sold common
Ifn% an eMliond dIrtanae of 1751148 OWL Aar a told distance of 2609.99 hest to the
PONT OF BEGNNIM of the bomb dasarfaed tract. end centairing 79.090 ears- in Herb
County. Tesoa
7 of l0
Gtv of awyhorrn TIRI No 1
1015 amendment
Exhibit B
Amendment to the Plan
Exhibit "B"
1 !2
TAX INCREMENT REINVESTMENT ZONE, NUMBER ONE
CITY OF BAYTOWN
July 8, 2015
2015 AMENDMENT TO THE PROJECT PLAN
AND REINVESTMENT ZONE FINANCING PLAN
PROJECT PLAN Page
I. Existing uses and conditions of real property within the area of the Zone 3
Map of original zone with 79 acre addition 4
II. Proposed changes in zoning ordinance, master plan of the municipality, building codes 5
and other municipal ordinances
III. List of estimated non - project cost items 5
REINVESTMENT ZONE FINANCING PLAN
I. A detailed list describing the estimated projects of the Zone, including administrative 5
expenses
II A statement listing the kind, number and location of all proposed public works or 5
public improvements in the Zone
III. Economic Feasibility Study 5
IV. The estimated amount of bonded indebtedness to be incurred 5
V. The time when related costs or monetary obligations are to be incurred 6
VI. A description of the methods of financing all estimated project costs and the expected 6
sources of revenue to finance or pay project costs, including the percentage of tax
increment to be derived from the property taxes of each taxing unit that levies taxes
on real property in the Zone
VII.
The current total appraised value of taxable real property in the Zone
6
VIII.
The estimated captured appraised value of the Zone during each year of its existence
6
IX.
Duration of the Zone
6
X.
Appendix A (boundary description and map of area to be included)
7 -8
XI.
Schedule A: Residential Buildout
9
XII.
Schedule B: Projected Assessed Valuations and Tax Increment
10
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City of Baytown TIRZ No. 1
2015 Amendment
2015 AMENDMENT
PROJECT PLAN
This is an amendment to the Amended and Restated Project Plan and Reinvestment Zone Financing
Plan as amended (the "Plan ") for Reinvestment Zone No. One, City of Baytown, Texas ( "Zone ").
Except as amended hereby, the Plan remains in full force and effect.
I. EXISTING USES AND CONDITIONS OF REAL PROPERTY WITHIN THE AREA OF THE ZONE
The Zone consists of property located in the general vicinity of the intersection of Interstate 10 and
Garth Road. Existing development within the Zone originally consisted of residential and
commercial /retail development including the San Jacinto Mall. The Zone was enlarged in 2012 under
the 2012 Amendment to the Plan to include land located east of Sjolander Road and north of Interstate
10. The enlargement area was developed as a Chevron Phillips chemical plant including improvements
to Sjolander Road. In addition, the Zone was reduced by 112 acres in 2014 (representing the entirety of
the San Jacinto Mall) and simultaneously enlarged to include an additional 45 acres.
The below map shows existing conditions of the Zone.
Map 1
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City of Baytown TIRZ No. 1
2015 Amendment
The purpose of this 2015 Plan Amendment is to include a 79 acre tract of land along Wallisville Road
that is intended to be used for residential development. The 79 acres of undeveloped land will be
added to the Zone as shown below.
CITY OF BAYTOWN TIRZ 1
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79 Acre Tract WallisviVe Road
12 TIRZ No 1
San Jacinto Blvd
City of Baytown TIRZ No. 1
2015 Amendment
Map 2
2015 Annex
79 Acres
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II. PROPOSED CHANGES IN ZONING ORDINANCES, THE MASTER PLAN OF THE MUNICIPALITY, BUILDING CODES AND
OTHER MUNICIPAL ORDINANCES
There are no proposed changes to any city ordinance, master plan or building codes.
III. LIST OF ESTIMATED NON - PROJECT COSTS
The non - project costs are shown in Table A below.
REINVESTMENT ZONE FINANCING PLAN
A DETAILED LIST DESCRIBING THE ESTIMATED PROJECT COSTS OF THE ZONE, INCLUDING ADMINISTRATIVE EXPENSES
Table A: Estimated Zone Project and Non - Project Costs for 79 acre Annexation
Public Infrastructure
Costs
Zone Project
Costs
Non - Project
Costs
Internal (Site Specific) Water, Sanitary Sewer, Drainage Costs (1)
$2,715,016
$1,163,578
Detention Facilities (1)
$1,337,651
$573,279
Offsite Utilities and Paving (2)
$1,835,294
$0
Internal (Site Specific) Paving (3)
$0
$3,025,928
Total Zone Project Costs
$5,887,961
$4,762,785
(1) Per City TIRZ policy, internal utilities and drainage costs are eligible for TIRZ reimbursement at 70%
(2) Per City TIRZ policy, offsite utilities and paving costs are eligible for TIRZ reimbursement at 100%
(3) Per City TIRZ policy, internal paving costs are not eligible for TIRZ reimbursement
There are no additional administrative expenses associated with the Plan Amendment.
II. STATEMENT LISTING KIND, NUMBER AND LOCATION OF ALL PROPOSED PUBLIC WORKS OR PUBLIC IMPROVEMENTS
IN THE ZONE
Table A and Map 2 detail the location and kind of public works and improvements for the 79
acre annexation.
Ill. ECONOMIC FEASIBILITY STUDY
By adding the 79 acres, the Zone will be able to finance a portion of the water, wastewater, and
drainage improvements for the planned residential development. Schedule A attached to this
plan demonstrates economic feasibility (which constitutes an economic feasibility study).
IV. THE ESTIMATED AMOUNT OF BONDED INDEBTEDNESS TO BE INCURRED
The amount of bonds and bonded indebtedness will be a function of the availability of Zone
revenues as estimated by Schedule A attached hereto.
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City of Baytown TIRZ No. 1
2015 Amendment
V. THE TIME WHEN RELATED COSTS OR MONETARY OBLIGATIONS ARE TO BE INCURRED
It is estimated that the water, wastewater, and drainage improvements will begin construction
in 2015 and at which point the Zone would have incurred a monetary obligation associated with
this plan amendment.
VI. A DESCRIPTION OF THE METHODS OF FINANCING ALL ESTIMATED PROJECT COSTS AND THE EXPECTED SOURCES OF
REVENUE TO FINANCE OR PAY PROJECT COSTS, INCLUDING THE PERCENTAGE OF TAX INCREMENT TO BE DERIVED
FROM THE PROPERTY TAXES OF EACH TAXING UNIT THAT LEVIES TAXES ON REAL PROPERTY IN THE ZONE
Description of the Methods of Financing
Financing will come through tax increment revenues from the City of Baytown as a participant in the
enlargement area of the Zone. Tax increment bonds will be issued as determined by the City and the
Zone based on anticipated tax increment revenues.
Sources of Tax Increment Revenue:
The City of Baytown and will be a participant in the Zone enlargement and will participate according to
the following table.
INCREMENT DEDICATED TO THE ZONE
Taxing Unit Tax Rate Dedicated
City of Baytown 60% of Tax Rate
VIII. THE CURRENT TOTAL APPRAISED VALUE OF TAXABLE REAL PROPERTY IN THE ZONE
The total preliminary 2015 taxable value within the Zone is $183,163,746. This total excludes
property values de- annexed in 2014. Additionally, a 2015 Base Value of the 79 acre tract of
$197,080 will be added.
IX. THE ESTIMATED CAPTURED APPRAISED VALUE OF THE ZONE DURING EACH YEAR OF ITS EXISTENCE
The estimated captured appraised value of the Zone attributable to this plan amendment is
shown in Schedule A attached to the rear of this document.
X. DURATION OF THE ZONE
The Zone exists through year 2044.
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City of Baytown TIRZ No. 1
2015 Amendment
Appendix A
Boundary Description
TIRZ No. 1— Addition of 79 acre tract
City of Baytown, Harris County
The area to be included in the City of Baytown Tax Increment Reinvestment Zone No. 1 is approximately 79 acres
in size and is situated approx. 2,600 feet east northeast of the intersection of N. Main Street and E. Wallisville
Road.
A 79.090 axe, or 3,445,177 square foot more or less, tract of land, out of the George Ellis Survey,
Abstract 21. Horns County, Texas and being the all of the remaining portion of the property described as
the west 112 of Lot 9, out of the subdivision of the George Ellis League. recorded In Volume 72 Page
459 of the Deed Records of Harris County. Texas, and conveyed to South Houston Realty Company in
Clerk's File No. Z053768 of the Harris County Oftkial Public Records of Real Property. Sold 79.090 acre
tract being more fully described as follows, with bearings based on the Texas Coordinate System
established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA2011) epoch
2010.00.
COMMENCING At o found 2 Inch Iron p /pe in the south right —of —way line of W4111sville Road, a 60 —foot
wide county right —of —way as shown on the right —of —way map prepared April, 1940 under
W.P.A. Official Project Na 65 -1 -66 -2749, at the northwest comer of an 18.3105 acre
portion of Lot 8 of sold subdivWw of the George Ellis League, described In a deed
recorded In Clerk's File No. 20140059056 of the Offiolal Public Records of Real Property of
Harris County. Texas;
THENCE N 77'4648" E, along and with the south right —of —way line of said Wailis Ve Road, a
distance of 1328.05 feet to a found 1 Inch Ion pipe on the common lime between sold
Lot 9 and said Lot 8, at the northeast comer of a 11100 acre tract described In a deed
recorded in Clerks Fife No. M47360 of the Harris County Official Public Records of Real
Property, for the northwest comer and POINT OF BEGINNING of the herein described 79.090
Gal
THENCE• N 774648" & over and across sold Lot 9, along and with the south right —of —way line of
sold Waillsville road, a distance of 1320.00 feet to a set 314 Inch Iron rod with yellow cap
marked 'Pope—Dawson", on the west lire of a 40.14 acre portion of Lot 9, described in o
deed recorded In Clerk's File No. 20070261884 of the Harris Canty Official Publics Records
of Real Property, from which a found 518 Inch fron rod bears N 1839'59" F a distance
of 11180 feet;
THENCE• S 12b9'57' E continuing over and across sold Lot 9, along and with the west line of sold
40.14 acme portion of Lot 9, passing a set 314 inch Ion rod with yellow cap marked
"Pope — Dawson" at the northeast corner of a 274 acre San Jacinto River Authority
right —of —way easement. described In Clerk's File Na C341590 of the Harris County Deed
Records at a distance of 2549.99 feet continuing along said west line, an additional
distance of 60 feet, for a total distance of 2609.99 feet to a set 314 Inch Iron rod with
yellow cop marked 'Pape Dawson" an the north fine of a 116.00 acre tract of land
described in a deed recorded In Clerk's File No. K165239 of the Harris County Dead
Records, at the southwest comer of the said 40.14 acre portion of Lot 9, the southeast
comer of sold west 112 of Lot 9;
THENCE S 774648" W, along and with the common line between sold 116.00 acre tract and sold
Lot 9. a distance of 1320.00 feet to a set 314 Inch iron rod with yellow cap marked
'Pope — Dawson" at the common tamer between said Lot 9, sold Lot a sold 116.00 acre
tract and o 4,13084 acre tract described in a deed recorded in Clerk's File No. 7086062
of the Harris County Official Public Records of Real Property, from which a set 314 Inch
iron rod with yellow cop marked 'Pape— Dawson" at the northwest corner of said San
Jacinto River Authority right— of—way easement bears N 1219957" W, a distance of 120.00
feet;
THENCE N 12109'57" W along and with the common line between said Lot 8 and said Lot 9,
passing a found 518 Inch iron rod at the southeast comer of a 1.15043 acre portion of
sold Lot A described In o dead recorded In Clerk's File No. 20140049797 of the Harris
County Official Public Records of Real Property, at a distance of 10249 feet, continuing
along said common line, an addltlonol distance of 757.02 feet to a found 1 inch Iron pipe
at the southeast comer of said 10 acre portion of Lot 8, continuing along sold common
line an additional distance of 1750.48 fact, for a total distance of 2609.99 feet to the
POINT OF BEGINNING of the herein described tract, and containing 79.090 acres in Harris
County, Texas.
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City of Baytown TIR2 No. 1
2015 Amendment
Appendix A, cont.
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City of Baytown TIRZ No. 1
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