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R2002-0015 01-14-02 RESOLUTION NO. R2002-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING POLICY AND PROCEDURES FOR FUTURE ANNEXATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City understands that it is in the best interest of the City to develop a policy relating to the annexation of land into the corporate boundaries of the City and establish procedures related thereto. Section 2. That the City Council hereby adopts the annexation policy and procedures attached hereto as Exhibit A. PASSED, APPROVED and ADOPTED this the__ , A.D., 2002. ATTEST: ~/TY SEI~RETARY APPROVED AS TO FORM: (/~,~. ] ~ DA"P, RIN M. COKER CITY ATTORNEY :t4 dayof ~]anuary TOM REID MAYOR CITY OF PEARLAND ANNEXATION POLICY AND PROCEDURES January 2002 The City Council of the City of Pearland (the "City") has determined that it is in the best interest of the City to develop a policy relating to the annexation of land into the corporate boundaries of the City and establish procedures relating thereto. The intent of this Annexation Policy and Procedures (the "Policy") is to identi~ the general issues that may impact the City, both in the long and short term, when land is added to the City. The City recognizes that the priority of the issues may vary depending upon the tract of land considered for annexation. Therefore, this Policy is only intended to provide a general guideline for the City when analyzing the feasibility of annexing land. ANNF. XATION PRIORITIE~ The City recognizes that the long-term economic and social viability of the Pearland community is dependent upon the development of quality and diversified land uses for all areas that will ultimately be within the city limits. To further this goal, the City has established a priority for areas to be annexed into the City so that the City's full range of land use development tools may be applied. Through this policy, the City seeks to discourage land uses that will not be beneficial to neighboring properties and the community as a whole and to encourage uses that further the goals of the Pearland community. These priorities are: 2. 3. 4. Major thoroughfare corridors. Undeveloped properties that may be experiencing development pressure. Annexation of properties to create definable community boundaries. All other areas within the extraterritorial jurisdiction. INITIAl, RF~VIF~W~ ANNF~XATION CRITF, RI~ A. The City Manager and his staff or other City personnel will analyze thc feasibility of adding a particular tract(s) o£ land to the City and may consider the following issues, which are not listed in order of priority or importance, when performing such analysis: 1. The demographics of the land; 2. The current use of the land (e.g., single-family, multi-family, commercial, agricultural, mixed use); 3. Possible uses of the land if it is not annexed and the degree of conformance to the Comprehensive Plan of those land uses. 4. The percentage of the land that has been developed; 5. The location of the land (e.g., whether the land is surrounded by or adjacent to the City, whether the land adjoins a corn area of the City); 6. The availability of and cost to provide City services to the annexed tract [if the annexation is at'er 12/31/2001, services must be provided within 30months of annexation (2 years, 6 months) at the same level as within other parts of the City]; 7. The long term and shoit term impact of the annexation on the City; 8. Whether the land is within a municipal utility district ("MUD"); 9. If the land is within a MUD, determine a. if the balance of the MUD debt service fund equals the MUD's average annual debt service requirement for the next five years (the City's policy is to hold six months of a MUD's average annual debt service requirement in reserve and use the remaining MUD debt service funds to supplement the City tax levy required to pay the MUD's bonded indebtedness); b. if the MUD tax rate (both debt service and operation and maintenance) is equal to or less than the total City tax rate; c. if all needed infrastructure in the MUD has been constructed; d. if the amount of funds, if any, that are due to developers within the MUD pursuant to an agreement between the MUD and the developer can be settled prior to annexation (e.g., from the MUD general fund); e. if all outstanding obllgations, except debt service, are or can be settled prior to annexation (e.g., from the MUD general fund); f. if the estimated cost of providing services exceeds the expected tax and utility revenue; and f. if the MUD infrastructure is in good condition. B. Upon completion of the initial analysis, the City Manager will prepare a written report of its analysis, including recommendations for annexation of particular tract(s) (the "Feasibility Report"), and present such report to City Council. ~ECI3NDARV REVIEW..' ANNEN~ATION PR~C!EDIIRER A. Upon receipt of the City Manager's Feasibility Report, the City Council will determine whether to proceed with annexation of a particular tract(s). If the City Council desires to continue studying the annexation of a particular tract(s), the City Council may authorize one or more of the following actions: I. Schedule a meeting with the landowner(s), officers of homeowner associations, officers and/or developers of MUDs (if applicable) to discuss the City's goals and planning program, and, if the land is within a MUD, determine if the MUD has any specific requests for use of the funds in the MUD's general operating fund; 2. If the land is within a MUD, retain an auditor to prepare an audit of the 3 MUD's accounts; 3. If the land is within a MUD, retain a financial advisor to prepare arbitrage calculations on the MUD bonds; 4. Schedule a public meeting(s) to provide information and an opportunity for the public to provide input on the proposed annexation(s); 5. If the land is within a MUD, identify all contractual obligations of the MUD that will be assumed by the City; 6. Make arrangements for proper change over of applicable services such as road and drainage maintenance, utility operations and billing, and trash collection. 7. If the annexation occurs prior to December 31, 2002, hold two public hearings after the 40th day and before the 20th day before the annexation proceedings begin, as required by Section 43.052 of the Texas Local Government Code; and 8. If the annexations occur after December 31, 2002, prepare an annexation plan and a service plan and hold hearings as required by Chapter 43, Texas Local Government Code. 4