2022-10-24 CITY COUNCIL REGULAR MEETING AGENDA PROCLAMATION PRESENTATION: CODE COMPLIANCE MONTH
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CITY COUNCIL REGULAR MEETING
AGENDA
OCTOBER 24, 2022 6:30 PM
PEARLAND CITY HALL (COUNCIL CHAMBERS 13519 LIBERTY DRIVE
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
III. ROLL CALL AND CERTIFICATION OF QUORUM
Mayor J. Kevin Cole, Mayor Pro-Tem Tony Carbone, Councilmembers Joseph
Koza, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Woody
Owens.
IV. CITIZEN COMMENTS
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three-minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question-answer session, however, it is an opportunity to voice your thoughts with City
Council.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Shiran Perera, applicant, on behalf of TechPro
Estates, LLC, owner, for approval of a zone change for approximately 15.80
acres of land from the Garden/O'Day-Mixed Use (G/O-MU) District and Single-
Family Residential-1 (R-1) District to Single-Family Residential-3 (R-3) District,
to wit:
Legal Description: A 15.80-acre (687,895 square feet) tract of land, being
known as Lot 22 and the called East 6 acres of Lot 9, of the Allison-Richey
Gulf Coast Homes Company Subdivision of Section 7, H.T. & B. R. R. Survey,
Abstract No. 219, Brazoria County, Texas, according to the recorded map or
plat thereof in Volume 2, Page 23 of the Plat Records, Brazoria County, Texas.
General Location: Northwest Quadrant of O'Day Road and the new McHard
City Council Regular Meeting - Oct 24 2022
Road.
Public Hearing:Zone Change Application:ZONE 22-23 AIR-22-551 - Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-238 - 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; being
a 15.80-acre (687,895 square feet) tract of land, being known as Lot 22 and
the called East 6 acres of Lot 9, of the Allison-Richey Gulf Coast Homes
Company Subdivision of Section 7, H.T. & B. R. R. Survey, Abstract No. 219,
Brazoria County, Texas, according to the recorded map or plat thereof in
Volume 2, Page 23 of the Plat Records, Brazoria County, Texas (located at
the Northwest Quadrant of O'Day Road and the new McHard Road). Zone
Change Application No. ZONE 22-23, a request by request by Shiran Perera,
applicant, on behalf of TechPro Estates, LLC, owner, for approval of a zone
change from Garden/O'Day-Mixed Use (G/O-MU) District and Single-
Family Residential-1 (R-1) District to Single-Family Residential-3 (R-3)
District; 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.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-238 AIR-22-552-
Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Alan Mueller, applicant, on behalf of Alimas
Properties LTD and TLR Investments LLC, owners, for approval of a zone
change for approximately 16.18 acres of land from Business Park-288 (BP-
288) District to Planned Development (PD) District, to wit:
Legal Description: Parcel 1: Tract 1:Being a tract or parcel containing 13.374
acres (582,582 square feet) of land situated in the H.T. & B.R.R. Co. Survey,
Sec. 85, Abstract Number 304, Brazoria County, Texas; being out of and a part
of Lots 4 and 5, Allison Richey Gulf Coast Home Company Subdivision of said
H.T. & B.R.R. Co. Survey, Sec. 85, A-304 (hereinafter referred to as the Allison
Richey Plat), a subdivision plat of record in Vol. 2, Pg. 107, Brazoria County
Plat Records; Tract 2:Being a tract or parcel containing 1.999 acres (87,063
square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract
Number 304, Brazoria County, Texas; being out of and a part of Lot 5, Allison
Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co.
Survey, Sec. 85, A-304 (hereinafter referred to as the Allison Richey Plat), a
subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat Records;
being all of a called 1.0638 acre tract of land conveyed to Alimas Properties,
Ltd. as described by deed recorded under Brazoria County Clerk's File Number
2013000516; being all of a called 0.78 acre tract (Tract#2) of land conveyed to
Alimas Properties, Ltd. as described by deed recorded under B.C.C.F. Number
2006026952; Tract 3: Being a tract or parcel containing 1.000 acre (43,560
square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract
Number 304, Brazoria County, Texas; being out of and a part of Lot 6, Allison
City Council Regular Meeting - Oct 24 2022
Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co.
Survey, Sec. 85, A-304, a subdivision plat of record in Vol. 2, Pg. 107, Brazoria
County Plat Records; being all of a called 1.00 acre tract of land conveyed to
TLR Investments, LLC as described by deed recorded under Brazoria County
Clerk's File Number 2019029710.
General Location: East side of Smith Ranch Road, South of Smith Ranch 1
Road, and North of Hickory Slough.
Public Hearing:Zone Change Application:ZONE 22-24 AIR-22-555- Pdf
VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-239 - 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; being
Tract 1: being a tract or parcel containing 13.374 acres (582,582 square feet)
of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number
304, Brazoria County, Texas; being out of and a part of Lots 4 and 5, Allison
Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co.
Survey, Sec. 85, A-304 (hereinafter referred to as the Allison Richey Plat), a
subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat Records;
Tract 2: being a tract or parcel containing 1.999 acres (87,063 square feet) of
land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304,
Brazoria County, Texas; being out of and a part of Lot 5, Allison Richey Gulf
Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey, Sec. 85,
A-304 (hereinafter referred to as the Allison Richey Plat), a subdivision plat of
record in Vol. 2, Pg. 107, Brazoria County Plat Records; being all of a called
1.0638 acre tract of land conveyed to Alimas Properties, Ltd. as described by
deed recorded under Brazoria County Clerk's File Number 2013000516; being
all of a called 0.78 acre tract (Tract #2) of land conveyed to Alimas Properties,
Ltd. as described by deed recorded under B.C.C.F. Number 2006026952;
Tract 3: being a tract or parcel containing 1.000 acre (43,560 square feet) of
land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304,
Brazoria County, Texas; being out of and a part of Lot 6, Allison Richey Gulf
Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey, Sec. 85,
A-304, a subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat
Records; being all of a called 1.00 acre tract of land conveyed to TLR
Investments, LLC as described by deed recorded under Brazoria County
Clerk's File Number 2019029710 (Located on the East side of Smith Ranch
Road, South of Smith Ranch 1 Road, and North of Hickory Slough). Zone
Change Application No. ZONE 22-24, a request by Alan Mueller, applicant, on
behalf of Alimas Properties LTD and TLR Investments LLC, owners, for
approval of a zone change from Business Park-288 (BP-288) to Planned
Development (PD) District, incorporating approximately 16.18 acre of land into
the Domain at Smith Ranch Mixed Use Planned Development; 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.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-239 AIR-22-559-
Pdf
City Council Regular Meeting - Oct 24 2022
IX. CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require
little or no deliberation by the City Council. These items will be enacted/approved by
one motion unless a councilmember requests separate action on an item, in which
event the item will be removed from the Consent Agenda and considered by separate
action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
A. Consideration and Possible Action -Approval of minutes for the City Council
and PEDC Joint Workshop and the City Council Regular Meeting held on
October 10, 2022.
Approval of Minutes AIR-22-557- Pdf
B. Consideration and Possible Action - Second & Final Reading of
Ordinance No. 2000M-234 - 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; being the West one-half (W 1/2) of Lot or Tract No. 11 of the Allison
Richey Gulf Coast Home Company Subdivision of Section No. 25, situated in
the H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria County,
Texas, according to the Map of Record in Volume 2, Page 10, Plat Records of
Brazoria County, Texas (located at 5806 Bailey Road, Pearland, Texas).
Zone Change Application No. ZONE 22-14, a request by the Director of
Community Development of the City of Pearland for approval of a permanent
zone classification of Suburban Residential-15 (SR-15) District for a newly
annexed tract 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.
Consideration and Possible Action-Second & Final Reading of Ordinance No.2000M-234 AIR-
22-546-Pdf
C. Consideration and Possible Action - Second & Final Reading of
Ordinance No. 2000M-235 - 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; being 15.139 acres tract of land, being Lots 3A, 3B and 4 of
Kanawha-Texas Company Subdivision of Parts of Section 18 & 22, situated
within the H.T. & B. R. R. Company Survey, Abstract No. 547, Brazoria
County, Texas, according to the Map or Plat recorded in Volume 2, Page 51 of
the Plat Records of Brazoria County, Texas (located at 3525 Charles
Avenue, Pearland, Texas). Zone Change Application No. ZONE 22-15, a
request by the Director of Community Development of the City of Pearland for
approval of a permanent zone classification of Suburban Residential-15 (SR-
15) District for a newly annexed tract 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.
Consideration and Possible Action-Second & Final Reading of Ordinance No.2000M-235 AIR-
22-547-Pdf
D. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-236 - An Ordinance of the City Council of the City of
City Council Regular Meeting - Oct 24 2022
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; being a 62.39 acres tract of land situated in the H.T. & B.R.R.
Company Survey, Section No. 28, Abstract No. 551, Brazoria County, Texas,
and being all of a called 31.628 acre tract of land described as Tract 1 in
General Warranty Deed to Triangle 31 Properties as recorded in No.
2007017677 of the Official public Records of Brazoria County, Texas, and
being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision as
recorded in Volume 29, Page 9 of the Brazoria County Deed, and being all of a
called 30.84-acre tract of land described in Correction Special Warranty Deed
to Triangle 31 Properties as recorded in Instrument No. 2020070090 of the
Official Public Records of Brazoria County, Texas (located at 3900 Block of
Pearland Parkway, Pearland, Texas). Zone Change Application No. ZONE
22-20, a request by request by Justin Barnett, applicant, on behalf of Triangle
31 Properties LLC, owner, for approval of reinstatement and amendments of
the French Quarter Planned Development, on approximately 62.39 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.
Consideration and Possible Action-Second & Final Reading of Ordinance No. 2000M-236 AIR-
22-548- Pdf
E. Consideration and Possible Action - Second & Final Reading of
Ordinance No. 2000M-237 - 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; being a 79.42-acre tract of land situated in the H.T. & B. R.R. CO.
Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out
of a called 247.91-acre tract of land described in an instrument to RMJ Miller
Real Estate Holdings, LTD., recorded under Brazoria County Clerk's File No.
2001055633 and corrected under Brazoria County Clerk's File No.
2002020349 (located South of Old Massey Ranch Road, East of the Future
Harkey Road and West of McLean Road). Zone Change Application No.
ZONE 22-22, a request by request by Andrew Lang, BGE, Inc., applicant, on
behalf of RMJ Miller Real Estate Holdings, owner, for approval of a zone
change from Residential Estate (R-E) District to Planned Development
(PD) District, incorporating approximately 79.42 acre of land into the Massey
Oak Planned Development; 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.
Consideration and Possible Action-Second & Final Reading of Ordinance No. 2000M-237 AIR-
22-549- Pdf
F. Consideration and Possible Action - Resolution No. R2022-239 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with the
Pearland Independent School District for the School Resource Officer Program
for the period of June 15, 2022 through June 30, 2025.
SRO Contract AIR-22-545-Pdf
G. Consideration and Possible Action - Resolution No. R2022-240 - A
Resolution of the City Council of the City of Pearland, Texas, adopting the First
City Council Regular Meeting - Oct 24 2022
Amended Housing Guidelines in accordance with the requirements set forth by
the Texas General Land Office — Community Development Block Grant —
Disaster Recovery (CDBG-DR) Program.
CDBG-DR Housing Guidelines- Buyouts/Acquisitions AIR-22-478- Pdf
H. Consideration and Possible Action - Resolution No. R2022-245 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
City's Comprehensive Financial Management Policy Statement to enhance the
City's long-term goal of maintaining fiscal health and stability.
Comprehensive Financial Management Policy Statements AIR-22-541 - Pdf
I. Consideration and Possible Action - Resolution No. R2022-247 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
supply contract for fire apparatus preventative maintenance and repair service
with Siddons-Martin Emergency Group in the additional amount of
$106,250.00 (total contract amount of$531,250.00).
Siddons Martin Contract Amendment AIR-22-501 -Pdf
J. Consideration and Possible Action - Resolution No. R2022-251- A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a contract with Perdue, Brandon,
Fielders, Collins, and Mott, LLP for collection services associated with
delinquent fines and fees, and delinquent property taxes.
Delinquent Property Tax and Court Fee/Fine Collections AIR-22-556- Pdf
K. Consideration and Possible Action - Resolution No. R2022-252 - A
Resolution of the City Council of the City of Pearland, Texas, declaring
intention to reimburse project expenditures from proceeds of future tax-exempt
obligations.
Intent to Reimburse from Bond Proceeds AIR-22-535-Pdf
X. NEW BUSINESS CONTINUED
1. Consideration and Possible Action - Second & Final Reading of
Ordinance No. UDC 2000-T-38 - An Ordinance of the City Council of the City
of Pearland, Texas, for the purpose of amending to the Unified Development
Code of the City of Pearland, Texas, Ordinance No. 2000T, Chapter 2, Section
2.2.5.5 and Section 2.5.3.2 (c) and Chapter 5, Section 5.1.1.1(a) to update use
tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales);
Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option
for Outdoor Storage in the GB and GC Districts; Chapter 2, Section 2.4.5.1 (i)
(4) to allow alternative subdivision fence materials along Corridor Overlay
District Roads; Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances -
Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4,
Section 4.2.1.2(a), to update parking requirements for Furniture and/or
Appliance Store (Retail or Rental Only, Indoor Only); and containing a savings
clause, a severability clause, and an effective date and other provisions related
to the subject.
Consideration and Possible Action-Second & Final Reading of Ordinance No. UDC 2000-T-38
AIR-22-550-Pdf
2. Consideration and Possible Action - Resolution No. R2022-233 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in an interlocal cooperative pricing
City Council Regular Meeting - Oct 24 2022
arrangement with the Texas Buyboard for the purchase and installation of
Synthetic Turf and Shock Pad Components, in the estimated amount of
$1,308,627.00, from Paragon Sports Constructors, LLC. (Shadow Creek
Ranch Sports Complex Baseball In-Fields Project); and appropriating
$250,000.00 from Fund 340, Park Development Fund for the project.
SCR Sports Complex Turf In-Field Retrofit Construction Award AIR-22-317- Pdf
3. Consideration and Possible Action - R2022-248 - A Resolution of the City
Council of the City of Pearland, awarding a grant-funded contract of American
Rescue Plan Act (ARPA) funds, through an interlocal pricing agreement with
the Texas Buy Board, for the purchase of one (1) fire pumper/engine and one
(1) fire ladder truck from Siddons-Martin Emergency Group, in the total amount
of$2,849,211.
ARPA Fire Equipment Purchase- Replacements of Engine#22 and Ladder#1 AIR-22-421 -Pdf
4. Consideration and Possible Action - Resolution No. R2022-241 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
Flood Mitigation Assistance Program contract for home elevation services to
Arkitektura Development, Inc., funded by the Texas Water Development
Board, in an amount not to exceed $955,040.00.
Arkitektura Development Inc. - Home Elevation-Construction Contract AIR-22-537-Pdf
5. Consideration and Possible Action - Resolution No. R2022-191 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Subrecipient Agreement, in the
amount of $550,000.00, with Counseling Connections for Change for the
acquisition of real property located at 2549 Roy Road in Pearland Texas,
Property Identification Number 175675.
ARPA Subrecipient Grant Subaward- Real Property Acquisition Funding AIR-22-420-Pdf
Xl. MATTERS REMOVED FROM CONSENT AGENDA
XII. OTHER BUSINESS
XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
The City Council will now hold a closed executive meeting pursuant to the provision of
Chapter 551, Texas Government Code, in accordance with the authority contained in:
Section 551.074 — Personnel Matters — Regarding the Annual Evaluation of
the Municipal Court Judge.
Executive Session-Annual Performance Evaluation AIR-22-570- Pdf
Section 551.074 — Personnel Matters — Regarding the Annual Evaluation of
the City Attorney.
Executive Session-Annual Performance Evaluation AIR-22-573- Pdf
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Executive Session-Appointment of City Boards and Commissions AIR-22-521 -Pdf
City Council Regular Meeting - Oct 24 2022
XV. NEW BUSINESS CONTINUED
6. Consideration and Possible Action - Regarding the annual performance
evaluation of Municipal Court Judge.
Consideration and Possible Action-Annual Performance Evaluation AIR-22-571 -Pdf
7. Consideration and Possible Action - Regarding the annual performance
evaluation of City Attorney.
Consideration and Possible Action-Annual Performance Evaluation AIR-22-572-Pdf
XVI. ADJOURNMENT
If you plan to attend this public meeting and you have a disability that requires special
arrangements at the meeting, please contact the City Secretary at 281.652.1840 or by e-mail at
citysecretary@pearlandtx.gov. Requests for special services must be received Forty-eight (48)
hours prior to the meeting time. Reasonable accommodations will be made to assist your
needs.
I, Frances Aguilar, City Secretary, do hereby certify that this Notice of Meeting was posted on
the City Hall bulletin board, a place convenient and readily accessible to the general public at all
times, and to the City's website, https://www.pearlandtx.gov/, in compliance with Chapter 551,
Texas Government Code. This said Notice of the City of Pearland City Council Regular Meeting
for October 24, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on
October 20, 2022, by 6:00 p.m. and remained so posted continuously for at least 72 hours
proceeding the scheduled time of the said meeting.
Frances Aguilar, TRMC, MMC
City Secretary
City Council Regular Meeting - Oct 24 2022
Disclosure Requirements - Section 2254, Government Code
Section 2254 of the Government Code requires a contingent fee contract to be considered and
approved at an open meeting by your local governing body. To comply with this, the following
three items are required.
1. Public Notice—The Public Notice provided herein must be posted before or at the time the
City gives written notice of their open meeting under Section 551.041. See pages 2 3.
2. Agenda Item —The Agenda Item provided herein must be placed in the agenda for the open
meeting. See page 4.
3. Written Findings - At the open meeting, your local governing body must approve the Agenda
Item for the contingent fee contract, and it must approve and sign the Written Findings provided
herein. See page 5.
1
Public Notice:
NOTICE PURSUANT TO GOVERNMENT CODE SEC. 2254.1036
WHEREAS, the City of Pearland(the "City"), will consider entering into contingent fee contracts
with the law firm of Perdue, Brandon, Fielder, Collins & Mott, L.L.P. (the "Firm") and hereby
posts this notice pursuant to Sec. 2254.106 of the Government Code.
WHEREAS, this notice shall be posted before or at the time of giving the written notice required
by Government Code Sec. 551.041 for a meeting described by Sec. 2254.1036(2) of the
Government Code and shall announce the following:
A. The City is pursuing contracts with the Firm for the collection of delinquent ad valorem
taxes and the collection of delinquent court fines and fees., owed to the City, and through these
contracts the City seeks to increase recovery of its delinquent debts in as expeditious a manner as
possible. GOVT. CODE § 2254.1036(1)(A).
B. The City believes the Firm has the competency, qualifications, and experience necessary
to fulfill this contract. GOVT. CODE § 2254.1036(1)(B). The Firm has collected delinquent
government receivables for over 50 years, including the collection of delinquent ad valorem taxes
and delinquent court fines and fees. The Firm currently has 14 primary offices and multiple satellite
offices throughout Texas, Oklahoma, and Florida. It employs more than 360 individuals, including
55 attorneys. It uses a multi-office, fully integrated team approach allowing the City access to all
its offices and resources. Its collection team consists of long-term Firm employees, including
attorneys, call center associates, paralegals, law clerks, legal secretaries, collection support
personnel and information technology experts. The Firm utilizes proprietary collection software
that can be tailored to meet any special need the City may have. This proprietary software also
automates many aspects of the collection process, such as: account/debtor research, mailings and
phone calls, return mail and address updates, payment notification and processing and workflow.
C. The nature of any relationship between the City and the Firm is as follows. GOVT. CODE §
2254.1036(1)(C). The Firm has represented the City since 2015 in the collection of delinquent ad
valorem taxes.
D. The City is unable to collect its delinquent ad valorem taxes and its delinquent court fines
and fees. GOVT.CODE§ 2254.1036(1)(D). The City currently does not have adequate support staff,
computer software/programming, or experience to internally conduct these collection services and
acquiring these will result in substantial expense to the City.
E. These collection services cannot be provided for an hourly fee. GOVT. CODE §
2254.1036(1)(E). The Tax Code allows the assessment of a percentage-based fee to recover the
costs of collecting delinquent ad valorem taxes. This percentage-based fee is assessed only against
the debtor and not the City or taxpayers of the City. The collection of delinquent ad valorem taxes
and delinquent court fines and fees is a high-volume practice, requiring a significant amount of
research, mailing, and handling of outbound/inbound calls. An hourly fee for such work will likely
exceed amount of delinquent ad valorem taxes, or delinquent court fines and fees due. Moreover,
2
the City will bear the cost of these hourly fees and not the debtor, because the Tax Code and the
Texas Code of Criminal Conduct do not expressly authorize the City to pay for collection services
based on an hourly fee.
F. The City believes these contingent fee contracts are in its best interest. GOVT. CODE §
2254.1036(1)(F). Under the contingent fee contracts, the Firm will be paid the amount of the
percentage-based collection fee, regardless the number of hours the Firm spends researching,
contacting, and mailing to collect the delinquent debt. Additionally, the percentage-based
collection penalty is a pass-through expense to the debtor or defendant and not an expense to the
City or taxpayers in the City.
3
Agenda Item:
Delinquent Tax:
Take action to approve a contingent fee contract with Perdue Brandon Fielder Collins and Mott,
LLP pursuant to Section 6.30 of the Tax Code, said contract being for the collection of delinquent
government receivables owed to City of Pearland and notice of said contract is posted with the
agenda in accordance with Section 2254 of the Government Code.
Fine and Fee:
Take action to approve a contingent fee contract with Perdue Brandon Fielder Collins and Mott,
LLP pursuant to Article 103.001 of the Texas Code of Criminal Procedure, said contract being for
the collection of delinquent court fines and fees owed to City of Pearland, and notice of said
contract is posted with the agenda in accordance with Section 2254 of the Government Code.
4
Written Findings:
Written Findings as to the Collections Contracts with Perdue, Brandon, Fielder,
Collins & Mott, LLP
In an open meeting, the City Council for the City of Pearland considered all matters listed Section
2254.1036(a)(1) of the Government Code, as they relate to contingent fee contracts with Perdue
Brandon Fielder Collins and Mott, LLP.
The City Council, pursuant to Section 2254.1036(b), of the Government Code, hereby finds the
following to be true: 1) there is a substantial need for the legal services specified in said contracts;
2) these legal services cannot be adequately performed by the attorneys and supporting personnel
of the City of Pearland; and 3) these legal services cannot reasonably be obtained from attorneys
in private practice under a contract providing only for the payment of hourly fees, without regard
to the outcome of the matter, because of the nature of the matter for which these services will be
obtained or because the City of Pearland does not have funds to pay the estimated amounts required
under a contract providing only for the payment of hourly fees.
Therefore, this City Council hereby approves the contracts by and between the City of Pearland
and Perdue Brandon Fielder Collins & Mott, LLP, for professional legal services regarding the
collection of delinquent ad valorem taxes with services to be paid in accordance with Section 6.30
of the Tax Code and the collection of court fines and fees pursuant to Article 103.001 of the Texas
Code of Criminal Procedure.
APPROVED and EXECUTED this the day of , 2022.
On Behalf of the City Council for
the City of Pearland
Brazoria County, Texas
5