R2011-021 - 2011-02-14ATTEST:
RESOLUTION NO. R2011 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DIRECTING STAFF TO PREPARE A SERVICE
PLAN FOR THE PROPOSED ANNEXATION OF AREA 5 LOCATED IN
THE CITY'S EXTRATERRITORIAL JURISDICTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby directs staff to prepare service plans for
the proposed annexation of Area 5 more particularly described in exhibit "A" attached
hereto.
PASSED, APPROVED, AND ADOPTED this 14 day of February, A.D., 2011.
YO JG LO N tt M f
CI j7SECR' ARY
APPROVED AS TO FORM:
61),A,,,,L11
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
I. INTRODUCTION
II. TERM: EFFECTIVE DATE
111. SERVICE PROGRAMS
C. Definitions.
CITY OF PEARLAND, TEXAS
Exhibit "A"
Resolution No. R2011 -21
DRAFT
SERVICE PLAN FOR AREA 5 Five hundred and eighty nine (589) acres
(25,656,84080 square feet) of land located east of Burlington Northern Rail Road, west of Main
Street (TX -35), north of Hastings Cannon Road, and south of North Hastings Field Road, in
Brazoria County, Texas.
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.
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.
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (11) 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.
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.
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
Page 1 of 9
DRAFT
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.
c. Emergency Medical Service: Currently, the tract is service by the Pearland
Emergency Medical Service (EMS) under an agreement with the county.
Pearland Emergency Medical Service (EMS) will continue to provide
emergency medical service to the Tract.
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.
Those who receive service from city's solid waste collection contractor will be
billed for the service, in accordance with the contract between the city and the
solid waste contractor.
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 county roads), and 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 (such as Texas
Department of Transportation) will be operated and maintained by the City.
g.
Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parks, playgrounds, and swimming pools, if any, will be
Page 2 of 9
DRAFT
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.
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
Page 3 of 9
II. AMENDMENT: GOVERNING LAW
Page 4 of 9
DRAFT
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. 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.
Construction of facilities to collect and transmit wastewater to treatment plants will
occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
The city will make potable water capacity available 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. Construction of facilities to collect and transmit water to the
tract will occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
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
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.
Page 5 of 9
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
DRAFT
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.
City of Pearland
589 Acres
Proposed Annexation Area No. 5
STATE OF TEXAS
COUNTY OF BRAZORIA
EXHIBIT A -1
Page 6 of 9
H.T. B.R.R. Co. Survey, A -292
George C. Smith Survey, A -552
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 corner 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 and 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
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.
2006 East Broadway, Suite 105
Pearland, Texas 77581
(281) 485-3991
Job No. 10 -119
Page 8 of 9
Michael D. Wilson, R.P.L.S.
Registration No 4821
EXHIBIT A -2