Ord. 0220-08A 04-23-01ORDINANCE NO. 220-8A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ARTICLE 2, RATES AND CHARGES, OF
CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, BY ADDING PROJECTED SERVICE AREAS RELATED TO
WATER AND SEWER EXTENSIONS, PRO RATA CHARGES, AND OTHER
CHARGES ESTABLISHED; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO FAIRLY DISTRIBUTE THE COST OF EXTENDING
WATER AND SEWER LINES WHERE THOSE SERVICES ARE NOT
AVAILABLE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 30-44, Pro Rata and Other Charges Established, of
Article 2, Rates and Charges, of Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, be and the same is hereby AMENDED to read as follows:
"Section 30-44. Pro Rata and Other Charges Established.
(a) A charge, which shall be known as the pro rata shall be made against each
lot or tract of land, and the owner thereof, whose water or sewer lines
shall be hereafter connected with any water mains or sewer mains in the
following manner and in accordance with procedures and service area
maps promulgated by City staff:
(1) Park Street between Walnut and Pear Streets
Water -
Lots 1-23 of Block 25 Lots 26-44 of Block 26
$354.29 per 25' Lot $354.29 per 25' Lot
($14.17 per linear foot) ($14.17 per linear foot)
Sewer - $537.83 per 25' Lot
($21.51 per linear foot)
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ORDINANCE NO. 220-8
(2) Pearland Parkway between Barry Rose Road and Mary's Creek
Water - 96.9 acres at $776.00 per acre
Sewer - 360.2 acres at $584.33 per acre
(3) FM 518 at FM 1128 west of Reid Boulevard
North Side of FM 518 South Side of FM 518
Sewer - $44.60 per linear foot $53.91 per linear foot
(4) Service Area 1 (South of Beltway 8, West of State Highway 288, and
East of FM 521)
Water - 1638 acres at $41 .00 per acre
Sewer - 1638 acres at $15.00 per acre
(5) Service Area 2 (South of Broadway Street, East of County Road 48,
and West of State Highway 288)
Water - 521 acres at $74.00 per acre
Sewer - 2221 acres at $33.00 per acre
(b) In addition to the pro rata charge on water and sewer mains, the property
owner must pay all other applicable charges as established by City
ordinance."
Section 2. That all pro rata charges made against any owner of a lot or tract
of land whose water and sewer lines are connected with the City water and sewer
mains shall be in accordance with Exhibits "A," "B," and "C," attached hereto and
incorporated herein for all purposes.
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ORDINANCE NO. 220-8
Section 3. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding
Two Hundred Dollars ($200.00).
Section 4. Declaration of Emergency. The Council finds and determines that
the need to fairly distribute the cost of extending water and sewer lines where those
services are not available inures to the benefit of the public and, therefore, bears
directly upon the health, safety and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be, and the same is hereby waived.
Section 5. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 7. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
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ORDINANCE NO. 220-8
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 9. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 23 day of April,
A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
APRIL 23, 2001)
Voting "Aye" - Councilmembers Beckman, Owens,
Seeger, Marcott and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: April 25, 2001
EFFECTIVE DATE: May 5, 2001
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
4
G
SHADOW CREEK RANCH
PRO RATA SERVICE AREAS
WATER
Cad File: Shdw Crk Water.dwg
Date: Nov., 2000
SHADOW CREEK RANCH
PRO RATA SERVICE AREAS
SANITARY SEWER
Cad File: Shdw Crk Swr.dwg
Date: Nov., 2000
EXHIBIT
Water and Sewer Pro Rata Fee Calculation
As Stipulated by Shadow Creek Ranch Development Agreement, Section 4.4(d)(v)
November 2000
Area
Water Service Area (acres)
Water Portion of Whole (%)
Wastewater Service Area (acres)
Wastewater Portion of Whole (%)
Assessment Percentage
Total TIRZ Area 1 Area 2
5626 3467 1638 521
100% 62% 29% 9%
7326 3467 1638 2221
100% 47% 22% 30%
25% 25%
Total Cost of Cost Allocation
Water: Improvement TIRZ Area 1 Area 2
Shadow Creek Pkwy: Water Plant to Kirby $ 924,875 $ 569,951 $ 269,276 $ 85,649
CR 48: Shadow Creek Pkwy to CR 92 $ 323,266 $ 199,211 NA $ 29,936
Kirby Drive: Shadow Creek Pkwy to CR 92 $ 422,669 $ 260,468 NA $ 39,142
Total $ 1,670,810 NA $ 269,276 $ 154,727
Water Pro Rata Charge ($/acre)
NA $ 41 $ 74
Sewer: Total TIRZ Area 1 Area 2
CR 48: Pipeline (S. of Shadow Creek Pkwy) to CR 92 $ 226,650 $ 107,261 NA $ 68,713
Kirby: Pipeline (S. of Shadow Creek Pkwy) to CR 92 $ 313,500 $ 148,363 NA $ 95,043
Initial Wastewater Plant Capacity $ 425,000 $ 201,130 $ 95,025 $ 128,846
Total $ 965,150 NA $ 95,025 $ 292,601
Sewer Pro Rata Charge ($/acre)
NA $ 15 $ 33
Total Pro Rata Charge ($/acre)
TIRZ Area 1 Area 2
NA $ 56 $ 107
Notes:
1. See attached map for Area boundaries. Area 1: North of Clear Creek; Area 2: South of Broadway (Old CR 92)
2. Costs allocated to TIRZ, Area 1, and Area 2 based on land area.
3. Cost allocation to TIRZ shown for illustration only. Developer(s) will fund entire cost of water and sewer improvements.
TIRZ Fund will be reimbursed as pro rata fees are paid from Area 1 and Area 2.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was.published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for i issues=as follows:._
No 7 Date • y- 2 S 20.1—
No. Date 20
No. Date 20
No. Date 20
No. Date 20
subscribe and sworn to before me this 26 day o
0 bl.
resident
��-...... .eo xs j
Notary Public, State o exas
cPDINANCE io.2E0'6
AN ORDINANCE OP THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS;Y;;AMENDING
lt.ARTICLE-AiNITEGANG.-1
^:CHARGES. OF _CHAP-
`- TER 30, UTILITIES, OF,
CrITY_QF REAR•
.LAND=CODEpF ORDI-
ANCES. ASzIT.MAY
,NAVE; BEEN, FROM
,TIME TO TIME, AMEND
ED, BY ADDING PRO ';l
ECTED kSERVICE
-,;:AREAS RELATED T) .
WATER AND SEWER ;
EXTENSIONS, PRO
ta; ATA CHARGES. AND
ER CHARGES
SHED; PRO;
d,TY FQR
VING Ar
ISE,A'
LITY;;
p j AUSE;.
PROVIDIN a ODI-
FICATION, BLIC`A-
TION AND Ak EFFEC
7IVE "DATE; AND
DECLSAINGi AN EMER-'
Gf .BECAUSE THE
NEED TO FAIRLY DIS-
TRIBUTEiHE COST OF
EXTENDING WATER
ANDS SR LINES,
WHERETHOSE SER•
'VICES 1i1E; SOT AVAIL-
ABLE=INURES TO THE
BENEFIT OFTHEPUB-
CM AND, THEREFORE,
BEARS -;.DIRECTLY'`.
UPON THE HEALTH,'
SAFETY AND WELFARE
CITIZENRY.
$malty Any
..person whp shall vtolete
Ibe Rrovisjo2palgt this sec
1t ab0lt ke
guilty at�m a9 to r
--and sha I�� n�
by a iotit of eoinpeteet
jurisdiction, be punished
- by a tine in any sum not
exceeding' Two Hundred
Dollars ($200.00)
PASSED and'APPROV,
F)ret -and Only
lWYs
--TO
a
/eerie M-'Co
IXIYAttomey -
-VOTING- fEGORD;
(FJRSgT AND ONLY'.
.RE}OING APR14 23,=
flfembe[s Bee maQ,
Owens, Sea$
Marcott
Motion p €
Production date:
2001
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