HomeMy WebLinkAboutOrd. 1446 2011-06-13MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
j PEARLAND, TEXAS, HELD ON MONDAY, JUNE 13, 2011, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Pro -Tem Sherman called the meeting to order at 7:34 p.m. with the following
present:
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Ed Thompson
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Tom Reid
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive
Director of Economic Development Corporation; Vance Riley Director of Fire Services;
J.C. Doyle Police Chief; Trent Epperson Project Director; Bonita J. Hall Director of
Human Resources and Safety Management; Lata Krishnarao Planning Director; Narciso
Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Jeff Sundseth EMS Operations Director; David Whittaker Director of
Inspection Services; Harold Ellis Senior Planner; Rick Overgaard Assistant Director of
Finance.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Boy Scout Logan Tonini.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported May 24, he attended the Builders Forum, May 25, attended the
BAYTRAN Luncheon and spoke at the Pearland Independent School District Girls
Softball Team Pep Rally; May 26, spoke at the Nolan Ryan Junior High Green Day
Program, attended the BAYTRAN Executive Board Meeting, and Chaired the Special
Council Meeting to call the Run Off Election; May 27, presented a Retirement Certificate
to Chief Engineering Inspector Charlie Stubbs; May 29, spoke at the Eagle Scout Troop
No. 404 Court of Honor; May 30, spoke at the VFW 7109 Memorial Day Event and
attended the Bella Vita Subdivision Memorial Day Event; May 31, spoke at Dr. Staples,
University of Houston -Clear Lake Luncheon Event; June 2, he cut the ribbon for the
Candlewood Hotel Grand Opening Event; June 4, welcomed attendees at the Adult
Reading Center's Citizenship Forum; June 6, signed the contract for the Kelsey Seybold
move to Pearland and attended the Council Workshop; June 7, attended the Agenda
Page 1 of 14 — 6/13/2011
Meeting; June 8, attended the Adult Reading Center Board of Directors Meeting; June
9, attended the Pearland Arts League Board of Directors Meeting; June 10, attended
the Chamber of Commerce Business Before Breakfast Even; June 11, spoke at the
Eagle Scout Court of Honor; June 12 — 15, represented Pearland and the Houston -
Galveston Area Council at the National Association of Council's of Government
Meeting.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens and Thompson passed on giving a report.
Councilmember Saboe stated that Early Voting has begun for the June 25, 2011,
Election for Councilmember Position No. 3. Voter turnout for Runoff Election is typically
low and everyone needs to understand that their vote in a run-off is just as important as
the first time they vote.
Mayor Pro -Tem Sherman reported June 2, 2011, he attended the Pearland Area
Chamber of Commerce Business After Hours Event. Jun 3, 2011, he attended the
Project Graduation Event, and on June 9, 2011, he attended the Pearland Area
Chamber of Commerce Young Professionals Launch Event. He also attended the St.
Helens Church Bazaar and would like to thank Police Officer Christopher Robertson
who he had the opportunity to ride along with to see how the license plate recognition
software worked.
Councilmember Kyle stated she attended a presentation by the Centers for Houston's
Future which is an organization that is a think tank that reviews scenarios and
developments in the region. They have a Leadership Forum twice a year which she is a
graduate. They presented Scenario No. 24 which is a very interesting scenario which
she has spoken with the City Manager Bill Eisen to arrange a presentation in the City.
The scenarios addressed focusing more on education and economic development. She
also attended the White House Business Roundtable where a group of business leaders
discussed current issues.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated he attended a meeting, along with Economic
Development Corporation President Matt Buchanan, regarding various economic
indicators. Data over the past year has indicated that the economy will begin to
improve.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
Page 2 of 14 — 6/13/2011
CONSENT AGENDA:
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the May 2, 2011, Public Hearing held at 6:30 p.m.
2. Minutes of the May 23, 2011, Regular Meeting held at 7:30 p.m.
3. Minutes of the May 26, 2011, Special Meeting held at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID DITCH CLEANING
SERVICES. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR ELECTRICAL AND
SCADA SERVICES. Mr. Bill Eisen, City Manager.
NEW BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 2000M-78 — 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 REAL
PROPERTY, LOCATION BEING A TRACT OR PARCEL CONTAINING 22.7711
ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN
SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT
OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN
THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421,
PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE
NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY,
PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-04Z), A REQUEST
Page 3 of 14 — 6/13/2011
OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE
HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE
PLANNED DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) ZONE,
PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-78 on its second and final reading. After discussion, this
item was tabled.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval/denial of Application No. 2011-04Z.
David Roberts, 2107 Westminister, addressed Council and stated he is president of the
Banbury Cross Home Owners' Association. They are concerned that the Planning and
Zoning Commission recently denied this application. If the City turns its responsibility
for Planning and Zoning over to contractors it will be detrimental to the residents. He
would like the City to do everything possible to maintain the integrity of the area.
Sydnee Gray, 2227 Westminister, addressed Council and stated she has a great
respect for the Planning and Zoning Commission. They have to consider many things
residents don't think about. She stated it isn't right to put the people who serve on the
commission in a position where they spend the time reviewing zoning and then their
decisions are disregarded. The Planning and Zoning Commission made the decision to
deny this zone change and the Council should support that decision.
City Manager Bill Eisen stated this item and the next item relate to two tracts of land
located at the corner of Pearland Parkway and FM 518. The first is the site for the
proposed HEB Store. The Planning and Zoning Commission has recommended the
denial of the proposed zone change and as a result a three-quarter vote from Council to
override that recommendation. The second tract of land is also owned by the same
owner and is a request for a residential zone classification.
Councilmember Saboe stated when this item was discussed on the first reading he had
a lot of questions regarding possible compromise with the applicant or owner. He asked
if Staff had any change of opinion regarding the feasibility of the PD Zoning.
Planning Director Lata Krishnarao stated that the PD is feasible because the
requirements can be amended through discussions with the developer.
Page 4 of 14 — 6/13/2011
Councilmember Saboe stated he is disappointed that there has been no compromised
reached between Staff and the Developer, and he is going to vote against the second
reading of the Ordinance. His vote is not against the HEB store, but in support of the
recommendations made by Staff and the Planning and Zoning Commission. He stated
his vote is also in support of a strategy that the Planning and Zoning Commission has
been working on for some time. He understands there has been a dip in the market and
he is sympathetic to the owners who want to sell this property, but he does not feel that
that is what the vote is about. He does support HEB and hopes that there is an HEB
store on the corner in the future. He supports the company with his money and vocally
with his words. The company is a great citizen of this community and he appreciates
them as a member of the community.
Councilmember Kyle stated she will not change her prior vote in opposition of this
proposed zone change. She supports HEB. They are a highly regarded and involved
corporate citizen that she would like to continue to be so, and be a major contributor to
the community. This is one of the major corners of the City on the east side of town and
is a major thoroughfare which the City has spent a considerable amount of time trying to
develop appropriately for the community. These are the situations where the tough
decisions must be made and there is still room for compromise. She stated she can
appreciate there are financial issues for the owners trying to sell the property; however,
there are few components of the PD that aren't feasible for this day and age. She
would encourage HEB to continue to work with the City to come to a compromise on the
requirements of the PD.
Councilmember Thompson stated he finds it difficult in the fact that the PD was started
by another developer who walked away from the project. This family is trying to sell the
property and won't be able to because the Planned Development. Many people stated
that people have enough money to do things, but business people look at things from a
cost standpoint and what it will cost them and he does not believe this project will go
any further. He is very disappointed that while Council is talking about budgets and
taxpayer dollars in a difficult economic time, it would turn its back on an opportunity to
bring tax dollars and jobs to the City. He hopes that HEB would continue to pursue the
opportunity.
Councilmember Owens stated he is also disappointed because a lot of time has been
spent on this item. There is also concern with the property owner who is not able to sell
their land because the Planning and Zoning Commission's opinion of what the best use
or value for the land is makes a difference. HEB has done a lot for the community while
other stores have not. The two main concerns he heard was the landscaping and
ornamental lights and to him that is not making the best decision for the land. This is
trying to design the project for HEB and it is not the City's business to do this. He has
heard from the residents and they want the HEB at this location. This development
would have brought in tax dollars and jobs which would benefit the City. This is a
critical time and the City needs money to continue to provide the current services and
this development could help.
Page 5 of 14 — 6/13/2011
Mayor Pro -Tem Sherman stated he respects the opinions of the Councilmembers who
are choosing to oppose this zone change; however, he disagrees with them. There is a
perception that it is difficult to do business in the City of Pearland and tonight the
Council is proving that this is not a perception but a reality. This corporation wants to
buy land and build a shopping center which is what the Planned Development calls for.
The City is trying to force HEB to abide by a document that was established by another
developer. It makes no sense to him to have a company like HEB, which is desired by
the citizens, waiting at the door to bring tax dollars and jobs and Council to take an
action that will shut down the opportunity. He is disappointed in the decision.
Councilmember Saboe stated he wishes this vote was as simple as whether the HEB
was wanted. He agrees with most of what has been said, but he does not feel this is
the best solution for the City. He does not think this is the end and feels there is an
opportunity to develop that corner in a manner that can benefit everyone involved.
Councilmember Kyle stated she has talked with citizens regarding this zone change and
one of the things that seems to be lost through the media and the press is that the is not
trying to force this Planned Development on a developer. This item is a zone change
request submitted by the property owners. These landowners submitted a request to
have this land zoned as a Planned Development in 2008. There is a possible win-win
solution out there, but there have not been any discussions to reach a solution. She
cannot vote for this zone change when there have not been any attempts to
compromise to benefit all parties involved.
Discussion ensued between Council and Planning Director Lata Krishnarao regarding
the proposed zone change.
Councilmember Owens made the motion, seconded by Councilmember Thompson to
table Ordinance No. 2000M-78 for further review.
Voting "Aye" Councilmembers Thompson, Sherman, and Owens.
Voting "No" Councilmembers Kyle and Saboe.
Motion Passed 3 to 2.
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M-79. City
Council.
Councilmember Kyle made the motion, seconded by Councilmember Owens, to remove
Ordinance No. 2000M-79 from the table.
Voting "Aye" Councilmembers Owens and Thompson.
Page 6 of 14 — 6/13/2011
Voting "No" Councilmembers Saboe, Sherman, and Kyle
Motion Failed 3 to 2.
FIRST READING OF ORDINANCE NO. 2000M-79 — 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 REAL PROPERTY,
LOCATION BEING A TRACT OR PARCEL CONTAINING 30.5709 ACRES AS
DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. FURTHER
DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE
FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED
APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF
PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE
APPLICATION NO. 2011-05Z), A REQUEST OF BEEMAN STRONG FOR THE
SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE
CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY
RESIDENTIAL -2 (R-2) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
Item not removed from table. No action taken by Council.
FIRST READING OF ORDINANCE NO. 1446 — AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (AREA
GENERALLY LOCATED WEST OF SH 35, EAST OF THE RAILROAD, SOUTH OF
HASTINGS FIELD ROAD AND NORTH OF HASTINGS CANNON ROAD — AREA 5);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1446 on its first reading.
City Manager Bill Eisen stated this item has been the subject of discussion for some
time including Public Hearings and meetings with property owners. Recently Denbury
Resources, Inc. has requested that the City consider entering into an agreement that
would result in the creation of an industrial district. This agreement would delay the
annexation of the property for a time that would be established in the agreement. In
return for the time provided, Denbury Resources, Inc. would agree to pay for a portion
Page 7 of 14 — 6/13/2011
of property taxes they would have paid if the property was located in the City.
Councilmember Thompson stated this type of agreement makes sense and he would
support reviewing the possibility of this type of agreement.
Mayor Pro -Tem Sherman stated he has some concerns regarding the City's ability to
enforce the Noise Ordinance; however, he would support reviewing this option.
Councilmember Kyle stated she agrees with the concerns regarding the City's ability to
enforce the Noise Ordinance. She is not opposed or in favor of this yet because there
are items that must be discussed when considering this type of agreement. She would
like the write-up on this item to include information regarding clarification on how the
City would protect the residents and what the real value is of what is being proposed.
Councilmember Owens stated he would like to review this option because annexation of
the resident may not be the best option for the City at this time.
Councilmember Saboe stated more discussion does need to be had regarding the
possibility of this type of agreement. This is his last opportunity to discuss this
annexation and he would like Council to clearly communicate what their strategy is
regarding this and future annexations. Council's position on this annexation has
completely changed during the last year; a lot of money has been wasted and will
continue to be wasted until the policy is changed.
Councilmember Owens made the motion, seconded by Councilmember Thompson, to
table Ordinance No. 1446 to review the proposed Industrial Agreement option.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1447 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS,
ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT
PURSUANT TO RESOLUTION NO. R2011-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #21), IN
ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT
ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE
ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX
ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Page 8 of 14 — 6/13/2011
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1447 on its first reading.
City Attorney Darrin Coker stated this item was the subject of the Public Hearing held
early this evening. The Reinvestment Zone will be created for the purpose of granting a
tax abatement in the future.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION – RESOLUTION NO. R2011-68 – A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2010 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City
Manager.
Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2011-68.
City Manager Bill Eisen stated the City created Tax Increment Reinvestment Zone No. 2
for Shadow Creek Ranch. State law requires that all participating taxing entities have
—' the opportunity to receive an annual report of the progress.
Sue Darcy, Marsh Darcy Associates, provided Council with an overview of the Tax
Increment Reinvestment Zone No. 2 Annual Report.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION – RESOLUTION NO. R2011-34 – A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS
PERMIT. Ms. Colene Cabezas, Recreation Superintendent.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2011-34.
Page 9 of 14 – 6/13/2011
City Manager Bill Eisen stated previously the Council had considered the granting of a
special event permit for a triathlon in the Shadow Creek Ranch area. At that time,
Council had requested the applicant obtain a letter from the Shadow Creek Ranch
Home Owners' Association approving the event, testing of the water where participants
will swim, and information on the sale of alcoholic beverages. The requested
information has been provided to address the issues.
Mayor Pro -Tem Sherman stated he appreciate the information provided.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-58 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF
A CONTRACT WITH NATIONAL SIGN PLAZAS, INC. FOR THE DEVELOPMENT AND
ADMINISTRATION OF A COMPREHENSIVE BUILDER SIGN PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-58.
City Manager Bill Eisen stated this item is a proposed renewal of an agreement with
National Sign Plazas, Inc. which the City originally entered into five years ago. One
significant change is the method of calculation of the fee paid by National Sign Plazas,
Inc. to the City.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-59 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED
INVESTMENT POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN
ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC
FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager.
Page 10 of 14 — 6/13/2011
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-59.
City Manager Bill Eisen stated the City is required by State law to annually adopt an
investment policy, investment strategy, and approve a broker/dealer list. Staff is
proposing some minor changes with the primary change being to expand the City's
opportunity to invest in certificates of deposit.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-65 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR SIDEWALK
CONSTRUCTION SERVICES (HAWK RD., VETERANS DR. AND OLD TOWNSITE
AREA). Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-65.
City Manager Bill Eisen stated this item is the proposed award of a bid for the
construction of sidewalks at three different locations. The locations are on Hawk Road,
_J Veterans Drive, and in the Old Townsite area which all qualify for the Community Block
Grant Program. The proposed contract is to be awarded to Brooks Concrete and will be
solely funded with grant funds.
Brief discussion ensued between Council, City Manager Bill Eisen, and Public
Works Director Danny Cameron regarding the Resolution.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-62 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager.
Page 11 of 14 — 6/13/2011
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2011-62.
City Manager Bill Eisen stated this item is a proposed agreement for the Runoff
Election. The early voting locations are identical to what they were in the General
Election; however, because the City is responsible for a larger percentage of the cost
for this election, there are fewer locations on Election Day.
City Secretary Young Lorfing stated each General Election voting location not being
utilized for the Runoff Election will have a notice posted with the new voting location and
a map for voters.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82011-60 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TRAFFIC
SIGNAL ASSUMPTION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION. Mr. Bill Eisen, City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-60.
City Manager Bill Eisen stated the next two items are related to TxDOT turning over the
responsibility for the maintenance and operation of the 52 traffic signals and a
combination of 20 flashing advance warning and school zone beacons located along
TxDOT roads to the City. The City will have the primary responsibility for the
maintenance, but the State will reimburse for cost related to the traffic lights along SH
288.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 12 of 14 — 6/13/2011
COUNCIL ACTION — RESOLUTION NO. R2011-61 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TRAFFIC
SIGNAL REIMBURSEMENT AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-61.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-66 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PURCHASE OF MOTOR FUELS. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2011-66.
City Manager Bill Eisen stated this item is the annual bid award for the purchase of
motor fuels for various City vehicles. The bid prices are tied to the Oil Price Information
Service (OPTS) because of the fluctuations in gasoline prices.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-63 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
DESIGN SERVICES ASSOCIATED WITH THE TRAIL CONNECTIVITY PROJECT.
Mr. Bill Eisen, City Manager.
Item passed to a future agenda. No action taken by Council.
Page 13 of 14 — 6/13/2011
ADJOURNMENT
Meeting was adjourned at 8:55 p.m.
Minutes approved as submitted and/or corrected this the 27th day of June, A.D., 2011.
Tom Reid
Mayor
ATTEST:
Y,K4ng Log, R c `TM
i Secr ry
Page 14 of 14 — 6/13/2011
Exhibit A
Ordinance No 1446
EXHIBIT "A"
City of Peariand H L S. B.R.R. Co_ Survey A-292 8.
589 Acres George C_ Smith Survey A-552
Proposed Annexation Area No 5
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES ANE) BOUNDS DESCRIPTION of 589 acres more or less to be annexed into the City
of Pearland in the H T 8. B R.R Co Survey Section 29 Abstract No. 292 and the George C
Smith Survey, Abstract No 552 in Srazoria County Texas Said 589 acre annexation tract is
within a portion of the Allison-Richey Gulf Coast Home Company Suburban Gardens
Subdivision of said Section 29 as recorded in Volume 2, Page 101 of the Brazoria County Creed
Records and is more particularly described by metes and bounds as follows
BEGINNING at the point of intersection of the north right-of-way line of Hastings Field Road
(County Road 413) with the east line of the Burlington Northern and Santa Fe Railroad
Company right-of-way (based on a width of 1 OO-feet) said point is the southwest comer of City
of Pearland Ordinance Number 1038-
THENCE, Easterly along the south line of said Ordinance Number 1038 same being the north
line of said Hastings Field Road for a distance of 4,372 feet, more or less to a point in the
westerly line of City of Pearland Ordinance Number 755,
THENCE Southerly crossing said Hastings Field Road and with the westerly line of said
Ordinance Number 755, same being the projected east line of a 4 00 acre tract described in a
deed recorded in Cleric's File No 03 003407 in the Brazoria County Clerk's Offioa for a distance
of 710 feet, more or less, to a point in the common line between Lot 13 and Lot 14 of the
aforementioned Section 29'
THENCE Easterly continuing along the westerly line of said Ordinance Number 755 same
being the common line between said Lot 13 and Lot 14 for a distance of 352 feet, more or less
to the northeast comer of said Lot 14
THENCE, Southerly continuing along the westerly lino of said Ordinance Number 755 same
being the common line between Lot 14 and Lot 20 and the common line between Lot 15 and Lot
21 of said Section 29 for a distance of 1,320 feet, more or less, to the southwest comer of said
Lot 21
THENCE, Easterly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 21 and Lot 22 of said Section 29, for a distance of 660 feet,
more or less, to the northeast corner of said Lot 22;
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 22 and Lot 28 of said Section 29, for a distance of 660 feet,
more or less, to southwest corner of said Lot 28, said point is in the centerline of South Hastings
Field Road (County Road 414);
THENCE, Easterly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 28 and Lot 29 of said Section 29, for a distance of 486 feet,
more or less, to the northeast corner of a tract of land called 'Tract 2' in a deed recorded in
Volume 1402, Page 838 in the Brazoria County Deed Records,
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the east line of said 'Tract 2', for a distance of 269 feet, more or less, to the southeast
corner of said 'Tract 2', same being the southwest corner of a tract of land described in a deed
to Antonia Fonseca, et ux, as recorded in Clerk's File No 2004069823 in the Brazoria County
Clerk's Office,
THENCE, Easterly, continuing along the westerly line of said Ordinance Number 755, same
being the south line of said Fonseca Tract, for a distance of 174 feet, more or less, to a point in
the common line between Lot 29 and Lot 34 of the aforementioned Section 29;
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between said Lots 29 and 34 and the common line between Lot 30 and
Lot 35 of said Section 29, for a distance of 1,051 feet, more or less, to the southeast corner of
said Lot 30;
THENCE, Easterly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 35 and Lot 36 of said Section 29, for a distance of 660 feet,
more or less, to the northeast corner of said Lot 36,
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 36 and Lot 43 and between Lot 37 and Lot 44 of said
Section 29, for distance of 1,197 feet, more or less, to the northerly line of City of Pearland
Ordinance Number 31 (100-foot wide strip), said point is 100 feet north of the north right-of-way
line of Hastings Cannon Road (County Road 128);
THENCE, Westerly, along the northerly line of said Ordinance Number 31, same being 100 feet
north of and parallel to the north line of said County Road 128, for a distance of 5,517 feet, more
or less, to the easterly line of the aforementioned Burlington Northern and Santa Fe Railroad
Company right-of-way;
THENCE, Northwesterly, along the easterly line of said Burlington Northern and Santa Fe
Railroad Company right-of-way for a distance of 5,313, feet more or less, to the POINT OF
BEGINNING, containing a computed area of 589 acres of land more or less, SAVE AND
EXCEPT a 42.581 acre Agricultural Exemption Tract evidenced in deeds recorded in Clerk's
File No 91920 763 in the Brazoria County Official Records and in Clerk's File No s
2010010693, 20100010694 and 20100010695 in the Brazoria County Clerk's Office, yielding a
computed Net Area of 546 acres
NOTES
1 This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared
2 A separate survey plat has been prepared in connection with this metes and bounds
description
The Wilson Survey Group, Inc. .
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Pearland, Texas 77581 ,., .�O OF Michael D Wilson, R P L.S
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Exhibit "B"
Ordinance No 1446
Exhibit B Service Plan
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA 5 - 589 acres (25,656,84080 square feet) of land located
east of Burlington Northern Rail Road, west of SH 35, south of Hastings Field Road, and north
of Hastings Cannon Road The existing city limits encompassing the 1,473 acres are in Brazoria
County, Texas.
INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code (`the Act") This Plan relates to the annexation by the City, by
petition of the owner, of land located adjacent to the city limits and encompassing approximately
589 acres in Brazoria County, Texas The Tract is described by metes and bounds in "Exhibit
A-1", and by map in "Exhibit A-2" which are attached to this Plan and to the annexation
ordinance of which this Plan is a part.
II TERM. EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time
III SERVICE PROGRAMS
A. In General This Plan includes two service programs. (I) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code, Chapter 43, described below
B Scope and Quality of Services This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance currently provided and available in other
parts of the municipality with topography, land use, and population density similar to the
Tract. However, it is not the intent of this Plan to require that a uniform level of services
be provided to all areas of the City(including the Tract)where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C Definitions.
1 As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
Exhibit B Service Plan
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided The policies and procedures may require that a specific
type of request be made, such as an application or a petition They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions
D Early Action Program
1 Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation
a Police Protection. The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b Fire Protection. The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area in cooperation with other fire departments in the
area according to mutually agreed to procedures
c. Emergency Medical Service The Pearland Emergency Medical Service
(EMS) will continue to provide emergency medical service to the Tract under
a contract with the City
d Solid Waste Collection Service will be provided to eligible property by
private contractor, under contract with the City To be eligible for City solid
waste collection service, property must have frontage on a public street or
other approved location and place solid waste in containers approved for the
specific type of occupancy Any person currently being serviced by a
privately owned solid waste management service provider may continue to
use that service for two years after the effective date of the annexation.
e Operation and Maintenance of Water and Wastewater Facilities Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City
f Operation and Maintenance of Road and Streets (including lighting) Existing
public roads and streets, including lighting and traffic control devices, if any,
will be operated and maintained by the City, subject to the jurisdiction of other
governmental entities. State highways and farm-to-market roads remain the
primary responsibility of the Texas Department of Transportation, for
instance Existing roadside drainage ditches not maintained under the
jurisdiction of another entity will be operated and maintained by the City
Page 2 of 9
Exhibit B Service Plan
g Operation and Maintenance of Parks, Playgrounds and Swimming Pools.
Existing public parts, playgrounds, and swimming pools, if any, will be
operated and maintained by the City Facilities owned and operated by
homeowner's associations (HOAs)will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service Existing publicly owned or operated facilities, buildings, or services,
if any, will be operated and maintained by the City or by private contractor
under contract to the City
2 Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City These are
as follows
a Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided
E Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which
are necessary, are indicated below Access to the improvements will be in accordance
with Standard Policies and Procedures. The improvements shall be completed as soon
as reasonably possible and shall be substantially completed within the time period
indicated below
1 Police Protection. Additional capital improvements are not necessary at this time
to provide police protection The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
Page 3 of 9
Exhibit B Service Plan
2 Fire Protection Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3 Emergency Medical Service Additional capital improvements are not necessary
at this time to provide emergency medical service The Tract will be included
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4 Solid Waste Collection. No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
5 Water and Wastewater Facilities Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Capital recovery charges or impact fees also will be assessed at the
time of future connections to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
The city will make potable water supply from existing or future sources built and
operated by the City available to the Tract. The City currently operates its own
ground water wells and purchases wholesale surface water via contract from third
parties
6 Roads and Streets (including lighting) Additional roads, streets or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7 Parks, Playgrounds, and Swimming Pools Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities
8 Other Publicly-Owned Facilities, Building or Services. All other City functions and
services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements
Page 4 of 9
Exhibit B Service Plan
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new, revised, or expanded facilities,
buildings or services.
II AMENDMENT GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will
constitute amendments to this Plan and the City reserves the right to make such changes. This
Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and
laws of the federal governments of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers having jurisdiction
III FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City
IV ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or
oral
Page 5 of 9
EXHIBIT A-1
Exhibit B Service Plan
EXHIBIT"A"
City of Pearland H.T &B.R.R.Co.Survey,A-292&
589 Acres George C.Smith Survey,A-552
Proposed Annexation Area No.5
STATE OF TEXAS §
COUNTY OF BRAZORIA §
METES AND BOUNDS DESCRIPTION of 589 acres,more or less,to be annexed into the City
of Pearland in the H.T &B.R.R. Co. Survey Section 29,Abstract No.292 and the George C
Smith Survey Abstract No. 552 in Brazoria County, Texas. Said 589 acre annexation tract is
within a portion of the Allison-Richey Gulf Coast Home Company Suburban Gardens
Subdivision of said Section 29 as recorded in Volume 2,Page 101 of the Brazoria County Deed
Records and is more particularly described by metes and bounds as follows:
BEGINNING at the point of intersection of the north right-of-way line of Hastings Field Road
(County Road 413), with the east line of the Burlington Northern and Santa Fe Railroad
Company right-of-way(based on a width of 100-feet), said point is the southwest corner of City
of Pearland Ordinance Number 1038;
THENCE,Easterly along the south line of said Ordinance Number 1038,same being the north
line of said Hastings Field Road, for a distance of 4,372 feet, more or less, to a point in the
westerly line of City of Pearland Ordinance Number 755,
THENCE, Southerly crossing said Hastings Field Road and with the westerly line of said
Ordinance Number 755,same being the projected east line of a 4.00 acre tract described in a
deed recorded in Clerk's File No.03 003407 in the Brazoria County Clerk's Office,for a distance
of 710 feet, more or less, to a point in the common line between Lot 13 and Lot 14 of the
aforementioned Section 29;
THENCE, Easterly continuing along the westerly line of said Ordinance Number 755, same
being the common line between said Lot 13 and Lot 14 for a distance of 352 feet,more or less,
to the northeast corner of said Lot 14
THENCE, Southerly continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 14 and Lot 20 and the common line between Lot 15 and Lot
21 of said Section 29,for a distance of 1,320 feet,more or less,to the southwest comer of said
Lot 21
Page 6 of 9
Exhibit B Service Plan
THENCE, Easterly continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 21 and Lot 22 of said Section 29,for a distance of 660 feet,
more or less to the northeast comer of said Lot 22;
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 22 and Lot 28 of said Section 29,for a distance of 660 feet,
more or less,to southwest corner of said Lot 28,said point is in the centerline of South Hastings
Field Road(County Road 414);
THENCE, Easterly continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 28 and Lot 29 of said Section 29 for a distance of 486 feet,
more or less, to the northeast corner of a tract of land called 'Tract 2' in a deed recorded in
Volume 1402,Page 838 in the Brazoria County Deed Records;
THENCE, Southerly, continuing along the westerly line of said Ordinance Number 755, same
being the east line of said 'Tract 2', for a distance of 269 feet, more or less, to the southeast
corner of said'Tract 2' same being the southwest corner of a tract of land described in a deed
to Antonia Fonseca, et ux, as recorded in Clerk's File No. 2004069823 in the Brazoria County
Clerk's Office;
THENCE, Easterly continuing along the westerly line of said Ordinance Number 755, same
being the south line of said Fonseca Tract,for a distance of 174 feet,more or less,to a point in
the common line between Lot 29 and Lot 34 of the aforementioned Section 29.
THENCE, Southerly continuing along the westerly line of said Ordinance Number 755 same
being the common line between said Lots 29 and 34 and the common line between Lot 30 and
Lot 35 of said Section 29 for a distance of 1,051 feet. more or less,to the southeast corner of
said Lot 30;
THENCE, Easterly continuing along the westerly line of said Ordinance Number 755, same
being the common line between Lot 35 and Lot 36 of said Section 29,for a distance of 660 feet,
more or less,to the northeast corner of said Lot 36;
THENCE, Southerly continuing along the westerly line of said Ordinance Number 755 same
being the common line between Lot 36 and Lot 43 and between Lot 37 and Lot 44 of said
Section 29, for distance of 1 197 feet, more or less, to the northerly line of City of Pearland
Ordinance Number 31 (100-foot wide strip), said point is 100 feet north of the north right-of-way
line of Hastings Cannon Road(County Road 128);
THENCE,Westerly along the northerly line of said Ordinance Number 31 same being 100 feet
north of and parallel to the north line of said County Road 128,for a distance of 5,517 feet,more
or less, to the easterly line of the aforementioned Burlington Northern and Santa Fe Railroad
Company right-of-way.
THENCE, Northwesterly along the easterly line of said Burlington Northern and Santa Fe
Railroad Company right-of-way for a distance of 5,313, feet more or less, to the POINT OF
BEGINNING,containing a computed area of 589 acres of land more or less,SAVE AND
Page 7 of 9
Exhibit B Service Plan
EXCEPT a 42.581 acre Agricultural Exemption Tract evidenced in deeds recorded in Clerks
File No 91920 763 in the Brazoria County Official Records and in Clerk's File No s
2010010693 20100010694 and 20100010695 in the Brazoria County Clerk's Office,yielding a
computed Net Area of 546 acres.
NOTES:
1 This document was prepared under 22 TAC 663.21 does not reflect the results of an
on the ground survey and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
2. A separate survey plat has been prepared in connection with this metes and bounds
description.
The Wilson Survey Group,Inc. ( , 1
2006 East Broadway,Suite 105 i^" �-• :1►><) U i
Pearland,Texas 77581 D F 4', Michael D Wilson,R P.I.S.
(281)485-3991 791,3;1/44:4C!;11::;,t.,.:'
. Registration No 4821
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Annexation Area 5, 6) Addresses within Annexation Area 5, 7) Denbury Agreement with
the City of Alvin, 8) Online Survey within Annexation Area
1) Immediate cost of servicing Annexation Area 5?
The immediate costs of servicing Annexation Area 5 are $125,148 as requested in
next year's budget requests from Public Works, Police and Utility Billing Public
Works has requested a total of $116,010 in next year's budget for road rehab
($74,625), ditch re-grading ($40,760) and new street signs ($625) In terms of
Police, there is an expected cost of$8,071 for manpower in the area, which includes
using existing staff to service this area In terms of Utility Billing there are increased
costs for mailing, printing and applications of$976 00 and postage $91 00
2) When was the 100-foot Extra Territorial Jurisdiction strip created?
The 100-foot Annexation strip was approved on June 30th, 1960, thereby
establishing the City of Pearland's Extra Territorial Jurisdiction (City Ordinance 31)
Annexation Area 5 has been within the City's Extra-Territorial Jurisdiction for almost
51 years
3) Oil and Gas Regulation Fencing?
According to the staff summary of the Oil and Gas Ordinance, all new well heads
and any related equipment located within a densely populated area or that is within
500 feet of a public street must be fenced No specific guidelines are provided for
fencing in the Ordinance In January 1996, the distance required from a densely
populated area or from a public street was increased from 200 feet to 500 feet.
4) Flood Plain of Annexation Area 5 and BDD4?
The Brazoria County Drainage District 4 has provided a letter regarding the two
drainage ditches within this area This area does have a floodway, but this floodway
is away from single-family residences The Brazoria County Drainage District does
not have any recollection of any of the homes being damaged by flooding In terms
of the development within this area, the City and Brazoria County Drainage District
evaluate projects with very similar engineering drainage criteria If Annexation Area
5 is annexed into the City, the drainage ditches adjacent to city roads would be
placed on a more rigorous maintenance schedule than in the county
2 of 6