Ord. 2000M-0173 2018-08-27 Ordinance No. 2000M-173
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the
purpose of changing the classification of certain property, Lots Two (2) and
Three (3), of Detenbeck and Barnhart Subdivision, of 4.512 acres of land
being the North 1.663 acres of lot Seventy-Seven (77) and the South 2.849
acres of Lot Eighty (80), of the Figland Orchards Subdivision, HT&B RR Co.
Survey, Section Thirteen (13), Abstract 240, Brazoria County, Texas,
according to the map record in Volume 15, Page 10 of the Plat Records of
Brazoria County, Texas. (5905 & 5909 Bardet Street, Pearland TX.) Zone
Change Application No. ZONE 18-00010, a request of Luke Billiot, applicant,
on behalf of Horace Scott Clark, owner; approval of a change in the
zoning classification from Neighborhood Services (NS) zoning district
to General Commercial (GC) zoning district; on approximately 0.6942
acres of land; providing for an amendment of the zoning district map;
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Luke Billiot, applicant, on behalf of Horace Scott Clark, owner; is
requesting approval of a change in the zoning classification from Neighborhood
Services (NS) zoning district to General Commercial (GC) zoning district on
approximately 0.6942 acres of land on the following described property; said property
being legally described in the legal description attached hereto and made a part hereof
for all purposes as Exhibit "A," and more graphically depicted in the vicinity map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 16th day of July 2018, a Joint Public Hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland,
Texas, notice being given by publication in the official newspaper of the City, the
affidavit of publication being attached hereto and made a part hereof for all purposes as
Exhibit "C," said call and notice being in strict conformity with provisions of Section
1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 17th day of July 2018, the Planning and Zoning Commission
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of August,
2018.
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TOM REID
MAYOR
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of August, 2018.
TOM REID
MAYOR
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 8
Ord. No. 2000M-173
submitted its report and recommendation to the City Council regarding the proposed
change in the zoning classification from Neighborhood Services (NS) zoning district to
General Commercial (GC) zoning district on approximately 0.6942 acres of land, said
recommendation attached hereto and made a part hereof for all purposes as Exhibit
"D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 13th day of August 2018
and the 27th day of August 2018; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Luke Billiot, applicant, on behalf of Horace Scott Clark, owner; for
approval of a change in the zoning classification from Neighborhood Services (NS)
zoning district to General Commercial (GC) zoning district; on approximately 0.6942
acres of land; presented which, in the judgment of the City Council, would justify the
approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the
Neighborhood Services (NS) zoning district, is hereby granted a change in zoning to to
General Commercial (GC) zoning district, in accordance with all conditions and
requirements of the current Unified Development Code and the following conditions
Page 2 of 8
Ord. No. 2000M-173
approved by the City Council and incorporated for all purposes, such property being
more particularly described as:
Legal Description:
Lots Two (2) and Three (3), of Detenbeck and Barnhart Subdivision, of 4.512
acres of land being the North 1.663 acres of lot Seventy-Seven (77) and the
South 2.849 acres of Lot Eighty (80), of the Figland Orchards Subdivision, HT&B
RR Co. Survey, Section Thirteen (13), Abstract 240, Brazoria County, Texas,
according to the map record in Volume 15, Page 10 of the Plat Records of
Brazoria County, Texas.
General Location: 5905 & 5909 Bardet Street, Pearland TX.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
Page 3 of 8
Ord. No. 2000M-173
Exhibit A
Legal Description
Lots Two (2) and Three (3), of Detenbeck and Barnhart Subdivision, of 4.512 acres of
land being the North 1.663 acres of lot Seventy-Seven (77) and the South 2.849 acres
of Lot Eighty (80), of the Figland Orchards Subdivision, HT&B RR Co. Survey, Section
Thirteen (13), Abstract 240, Brazoria County, Texas, according to the map record in
Volume 15, Page 10 of the Plat Records of Brazoria County, Texas.
Page 5 of 8
Ord. No. 2000M-173
Exhibit B
Vicinity Map
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Exhibit 1
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Page 6 of 8
Ord. No. 2000M-173
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 18-00010
Notice is hereby given that on July 16, 2018, at 6:30 p.m., the City Council and
Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and
Fort Bend Counties, Texas, will conduct a joint public hearing in the Council
Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the
request of Luke Billiot, applicant, on behalf of Horace Scott Clark, owners; for
approval of a change in the zoning classification from Neighborhood Services
(NS)zoning district to General Commercial (GC)zoning district; on approximate-
ly 0.6942 acres of land, to wit:
Lots Two (2) and Three (3), of Detenbeck and Barnhart Subdivision, of 4.512
acres of land being the North 1.663 acres of lot Seventy-Seven (77) and the
South 2.849 acres of Lot Eighty (80), of the Figland Orchards Subdivision, HT&B
RR Co. Survey, Section Thirteen (13), Abstract 240, Brazoria County, Texas,
according to the map record in Volume 15, Page 10 of the Plat Records of
Brazoria County, Texas.
General Location: 5905 &5909 Bardet Drive, Pearland TX.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Planning Department at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 8
Ord. No. 2000M-173
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning C
Recommendation Letter
July 16, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 18-00010
Honorable Mayor and City Council Members:
At their regular meeting on July 16, 2018, the Planning and Zoning Commission
considered the following:
A request of Luke Billiot, applicant, on behalf of Horace Scott Clark, owner; for
approval of a change in the zoning classification from the Single-Family
Residential-1 (R-1) zoning district to Office & Professional (OP) zoning district; on
approximately 1.0000 acres of land.
General Location: 5905 & 5909 Bardet Street, Pearland TX.
Commissioner Isenberg made a motion to approve. Commissioner Starr seconded the
motion. There was discussion no additional discussion. The motion was approved by a
vote of 5-0. Chairperson Tunstall, Vice-Chairperson Duncan, and Commissioners Cade,
Isenberg, and Starr were in favor of the motion.
Sincerely,
netA .4*
Martin Griggs
Planning Manager
On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord. No. 2000M-173
INTERLOCAL AGREEMENT
Region VIII Education Service Center
TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT
(School, College, University, State, City, County, or Other Political Subdivision)
TEXAS PUBLIC ENTITY Control Number(TIPS will Assign)
Region VIII Education Service Center 225 - 950
Pittsburg, Texas County-District Number
Texas Education Code §8.002 permits regional education service centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities in
improving student performance and increasing the efficiency and effectiveness of school, college and
university operations. In addition, authority is granted under Texas Government Code §§ 791.001 et
seq as amended to enter into Interlocal agreements with said educational entities, as well as, other
governmental entities and political subdivisions of Texas and other States. As authorized by applicable
statutes and regulations, Cooperative Purchasing Services under this agreement are extended to all
Texas State, City or County Government Agencies, or any other Government Entity as defined in the
Texas Government Code § 791.003.
This Interlocal Agreement (hereinafter the "Agreement") is effective and shall
be automatically renewed unless either party gives sixty (60) days prior written notice of non-renewal.
This Agreement may be terminated without cause by either party upon (60) days prior written notice, or
may also be determined for cause at anytime upon written notice stating the reason for and effective date
of such terminations and after giving the affected party a thirty(30)day period to cure any breach.
Statement of Services to be Performed:
Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing
services to the above-named public entity through a Program known as the The Interlocal Purchasing
System (TIPS) Program.
The purpose of the TIPS Program shall be to obtain substantial savings for participating School District,
University, College, Community College, City, County or Other Public Agencies through cooperative
purchasing.
Roles of the TIPS Purchasing Cooperative:
1. Provide for the organizational structure of the program.
2. Provide staff for efficient operation of the program.
3. Promote marketing of the TIPS Program.
4. Coordinate the Competitively Bid Process for all Vendor Awarded Contracts.
5. Provide members with procedures for placing orders through TIPS PO System.
6. Maintain filing system for Due Diligence Documentation.
Role of the Public Entity:
1. Commit to participate in the program by an authorized signature on membership forms.
2. Designate a Primary Contact and Secondary Contact for entity.
3. Commit to purchase products and services from TIPS Vendors when in the best interest of the
entity.
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 1 of 3
4. Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System by emailing the
pdf document to tipspo(c�tips-usa.com.
5. Accept shipments of products ordered from Awarded Vendors.
6. Process Payments to Awarded Vendors in a timely manner.
General Provisions:
The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules,
and regulations in connection with the programs contemplated under this Agreement. This Agreement is
subject to all applicable present and future valid laws governing such programs.
This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in
which the administrative offices of RESC VIII are located which is Camp County, Texas.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered
by its terms, and it may not be modified in any manner without the express written consent of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and
effect.
The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this
Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity.
Before any party may resort to litigation, any claims, disputes or other matters in question between the
Parties to this Agreement shall be submitted to nonbinding mediation.
No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves,
their directors, officers, employees, and agents as a result of its execution of this Agreement and
performance of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the terms and conditions agreed to are binding upon the Parties.
Authorization:
Region VIII Education Service Center and The Interlocal Purchasing System (TIPS) Program have
entered into an Agreement to provide cooperative purchasing opportunities to public agencies.
This Agreement was approved by the governing boards of the respective parties at meetings that were
posted and held in accordance with the Texas Open Meetings Act, Texas Government Code ch. 551. (If
required by the entity.)
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 2 of 3
The individuals signing below are authorized to do so by the respective parties to this Agreement.
Public Member Entity: Purchasing Cooperative Lead Agency:
Region VIII Education Service Center
Entity Name
By: By:
Authorized Signature Authorized Signature
Title: Title: Executive Director Region VIII ESC
Date Date
Public Entity Contact Information
Primary Purchasing Person Name
Street Address
City, State Zip
Telephone Number
Fax Number
Primary Person Email Address
Secondary Person Name
Secondary Person Email Address
If your entity does not require you to have an Interlocal Agreement, please go to the TIPS website under
Membership and take advantage of online registration. The states of Texas and Arizona do require all
entities to have an Interlocal Agreement. Other States or governmental jurisdictions may require an
Interlocal agreement as well and you are advised to consult your legal counsel to determine the
requirements for your entity. Email completed Interlocal Agreement to tips@tips-usa.com.
TIPS Interlocal Agreement—REVISED 12-18-2015 Page 3 of 3