Ord. 1495 2014-01-27ORDINANCE NO. 1495
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 EAST OF CR 107F,
NORTH OF BAILEY RD, AND WEST OF MANVEL RD); 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.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local Govt.
Code, conducted two (2) public hearings regarding the City's intended annexation of
certain territory located contiguous to the City and within the City's extraterritorial
jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on
December 9, 2013 and on December 16, 2013, at the Pearland City Hall, 3519 Liberty
Drive, Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the
annexation of territory, including the preparation of a plan for extension of municipal
services into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state
law regarding newly annexed areas, including timely provision of municipal services as
required by law; and
WHEREAS, the City Council finds and determines that the annexation intended
by this Ordinance is in the best interests of the City of Pearland and benefits the health,
safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas, are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in the
City of Pearland, Texas, Service Plan for approximately 20 acres, more or less, to be
annexed into the City of Pearland, Brazoria County, Texas attached hereto as
Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is
hereby approved.
Section 3. The City Council officially finds, determines, recites and declares
that sufficient written notices of the date, hour, place and subject matter of the meetings
of the City Council at which this Ordinance was considered were posted at a place
convenient to the public at the City Hall of the City of Pearland for the time required by
law preceding said meetings, as required by law; and that said meetings have been
open to the public, as required by law, at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notices and the
contents and posting thereof.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as
to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the
same shall be and remain in full force and effect; and should this Ordinance for any
reason be ineffective as to any part of the area hereby annexed to the City of Pearland,
such ineffectiveness of this Ordinance as to any such part or parts of any such areas
shall not affect the effectiveness of the Ordinance as to all of the remainder of such
area, and the City Council hereby declares it to be its purpose to annex to the City of
Pearland every part of the area described in Exhibit "A", attached hereto, regardless of
whether any other part of such described area is hereby effectively annexed to the City.
Provided, further, that if there is included in the general description of territory set out in
Exhibit "A", attached hereto, any land or area which is already a part of and included
within the general limits of the City of Pearland, or which is presently part of and
included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the
territory to be annexed as fully as if such excluded and excepted area was specifically
described herein.
PASSED and APPROVED on First Reading this the 13th day of January, A. D., 2014.
ATTEST:
TOM REI
MAYOR
PASSED and APPROVED on Second and Final Reading this the 27th day of
January, A. D., 2014.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
ORDINANCE NO. 1495
Exhibit "A"
Exhibit A
Description of property: A0547 H T & B R R, Tract 1, Brazoria County, Texas
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EXHIBIT A-2
Description of property: A0547 H T & B R R, Tract 1, Brazoria County, Texas
PROPERTY OWNER INITIATED ANNEXATION:
PROPERTY GENERALLY LOCATED EAST OF COUNTY ROAD 107F
NORTH OF BAILEY RD., AND WEST OF MANVEL RD.
FEASIBILTY REPORT
LOCATION:
The subject property is bounded by the City of Pearland's ETJ to the west, north
and south. Properties west of the site include automobile -related uses, mobile
homes and undeveloped land; properties north of the site include undeveloped
land and single family residential developments; properties south of the site
include undeveloped land, mobile homes, an elementary school, and single family
residential developments. Properties along the eastern border of the site are
located within the corporate limits of the City of Pearland and include
undeveloped land and single family residential developments.
The subject property is in City of Pearland's ETJ in Brazoria County.
DEMOGRAPHICS:
The property is currently undeveloped.
CURRENT USE OF LAND:
The property is currently undeveloped.
SURROUNDING LAND:
As described above, the property is bounded by the City of Pearland's ETJ to the
west, north and south. The property just east of the site is located within the
corporate boundaries of the City of Pearland, and is undeveloped. Abutting uses
include undeveloped land, single-family residential developments, mobile homes,
commercial uses and an elementary school.
ACCESSIBILITY:
The subject property has access by the following roadway:
1. The subject property has direct access to County Road 107F (CR107F), which
runs north and south, and is on the western boundary of the property.
2. Manvel Road is located east of the property; however, currently the Tract does
not have direct access to Manvel Road.
1
DEVELOPMENT STATUS: (Percentage of land developed)
The property is currently undeveloped.
VALUATION:
Brazoria County Assessor records indicate that the subject land consists of one (1)
parcel. The total acreage of land within the parcel is 20 acres. The total market
value of the property is $200,000. The total agricultural market valuation is
$200,000, with an agricultural or timber use value reduction of $197,800.
AVAILABILITY OF AND IMPACT ON CITY SERVICES:
Statutory Services:
Police Protection:
The Pearland Police Department does not currently provide police protection in
the extraterritorial jurisdiction (ETJ). Upon annexation the Pearland Police
Department will provide police protection and law enforcement to 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.
The City of Pearland Police Department can provide police protection using
existing resources.
Fire Protection:
The Pearland Fire Department currently provides fire suppression response
services and enforces the City's Code of Ordinances with regards to illegal
fireworks and illegal trash burning in the ETJ. Upon annexation the Pearland Fire
Department will continue to provide fire protection to the Tract, including
enforcing the City's Code of Ordinances with regards to illegal fireworks and
illegal trash burning. Additionally, the Fire Marshal's Office will provide the
following services upon annexation:
• Enforcement of city ordinances as applied to the Fire Code,
enforcement of 2012 Life Safety Code and 2012 International Fire
Code as applied to new and existing business occupancies.
• Review plans when submitted for new construction, tenant
occupancies and installation of fire protection systems.
• Fire inspections of new construction, tenant occupancies and new fire
protection systems.
• Routine fire inspections of all existing business occupancies including
foster care homes.
• If requested by the owner, fire inspections of residential homes.
• Investigations of all fires to determine origin and cause.
2
• Respond to fire hazard complaints including enforcement of illegal
burning and illegal fireworks.
• Respond to and enforce environmental crimes.
• Abatement of unsafe, dangerous and dilapidated structures.
• Provide public awareness and education of fire prevention and
emergency management.
The Pearland Fire Department and the Fire Marshall's Office can provide fire
protection and various other services listed above using existing resources.
Emergency Medical Service:
The Pearland Fire Department currently provides emergency medical services in
the ETJ. Upon annexation, the Pearland Fire Department will continue to provide
emergency medical services to the Tract.
The Pearland Fire Department can provide emergency medical services using
existing resources.
Solid Waste Collection:
Solid waste collection services in the ETJ is currently being provided by private
contractors; Waste Management Services, Progressive or Best Waste.
Upon annexation of the Tract solid waste collection services will be provided by
Waste Management Services under contract with the City. The property is
currently undeveloped, but it is important to note that 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.
The City of Pearland provides solid waste collection services to residents via a
private contractor.
Water and Wastewater Facilities:
There are currently no public water or wastewater lines along CR107F. The
nearest water line is a 16 inch water line along Manvel Road. The nearest sewer
lines are an 8 -inch sewer line at West Lea Lane and Manvel Road, and at W.
Mockingbird Lane and Manvel Road.
As development commences, water and wastewater facilities will be extended in
accordance with the provision of the City's codes, ordinances and regulations.
Future public water and wastewater facilities will be operated and maintained by
the City or by private contractor under contract with the City.
The City of Pearland can provide for the operation and maintenance of existing
and any new water and wastewater facilities, installed in conjunction with future
development, using existing City resources or via private contractor.
3
Roads:
CR107F is currently operated and maintained by Brazoria County. Upon
annexation, CR107F will continue to be operated and maintained by Brazoria
County. Manvel Road is currently operated and maintained by the Texas
Department of Transportation (TXDOT). Upon annexation, Manvel Road will
continue to be operated and maintained by TXDOT.
Future public roads and streets, including street lighting, will be operated and
maintained by the City of Pearland.
The City of Pearland can provide for the operation and maintenance of future
roads and streets, including street lighting, using existing resources.
Parks, Playgrounds and Swimming Pools:
There are no such public facilities on the Tract, therefore, there would be no
impact on City operations.
Any other Publicly Owned Facility, Building, or Service:
There are no other public facilities or services on the Tract, therefore, there would
be no impact on City operations
Additional Services:
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. The City of
Pearland can provide library services using existing resources.
The City of Pearland does not currently provide health services in the ETJ. Upon
annexation health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of restaurants,
groceries, convenience stores, schools, day -cares and foster homes. The City of
Pearland can provide health services using existing resources.
The City of Pearland does not currently provide code enforcement services in the
ETJ. Upon annexation, 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. The City of Pearland can provide code
enforcement services using existing resources.
The City of Pearland Animal Control and Adoption Center does not currently
provide services in the ETJ. Upon annexation, the City of Pearland Animal
Control and Adoption Center will provide services to protect animals and promote
pet adoptions. The City of Pearland can provide animal control services using
existing resources.
4
Other City Services, to the extent applicable to persons or properties within the
Tract, in accordance with standard policies and procedures will be provided.
LOCATION WITHIN MUNICIPAL UTILITY DISTRICT (MUD):
The Tract is not located within a MUD.
COMPREHENSIVE PLAN RECOMMENDATIONS:
According to Section 5.0 (Land Use) of the Comprehensive Plan, the Tract is
located within the Low Density Residential future land use designation. Major
features and proposed land uses of the aforementioned future land use designation
include the following:
• Conventional single-family detached developments;
• 0-4 dwelling units per acre;
• Average lot size of 7,500 square feet;
• Smaller lots may be acceptable if common open space is provided and
overall density is not increased; and
• Appropriate zoning districts include R-1, Single Family, R-2 Single
Family.
THOROUGHFARE PLAN RECOMMENADTIONS:
The subject property has direct access to County Road 107F (CR107F), which
runs north and south, and is on the western boundary of the property. This
roadway is designated as a local street on the City's approved thoroughfare plan.
POSSIBLE USES OF LAND IF IT IS NOT ANNEXED AND DEGREE OF
CONFORMANCE TO THE COMPREHENSIVE PLAN OF THOSE LAND USES:
It is staff's professional opinion, that if the property is not annexed it may develop
in an unplanned manner. Currently there are no safeguards to buffer existing
adjacent residential developments appropriately, such as height restrictions; lot
area and bulk requirements; location of structures, uses of land, etc.
Unplanned growth may have a negative effect on the development of adjoining
land in the City's jurisdiction. New investment and development of land within
the City Limits, adjacent to the subject property, may be curtailed and impeded
due to uncertainties of surrounding development.
IMPACT OF ANNEXATION — LONG TERM AND SHORT TERM:
In the long and short term, the annexation of the subject 20 -acre tract of land will
enable the City of Pearland to plan for this area in accordance with the
Comprehensive Plan and Unified Development Code.
5
RECOMMENDATIONS:
It is staff's recommendation that the City should pursue annexation and prepare a
service plan for the subject area.
6
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: December 9, 2013 ITEM NO.:
DATE SUBMITTED: December 2, 2013 DEPT. OF ORIGIN: Planning
PREPARED BY: Johnna Matthews PRESENTOR: Johnna Matthews
REVIEWED BY: REVIEW DATE:
SUBJECT: Request for Voluntary Annexation of Land into the City Limits- First
of two Public Hearings
EXHIBITS:
Attachments: 1. Vicinity Map
2. Feasibility Report
3. Service Plan
4. Petition for Annexation
5. Public Notice
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
AMOUNT AVAILABLE: N/A PROJECT NO.: N/A
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: N/A
ACCOUNT NO.: N/A
PROJECT NO.: N/A
To be completed by Department:
• Finance • Legal • Ordinance • Resolution
EXECUTIVE SUMMARY
Kevin Cole, applicant for Tin Dinh, owner; has petitioned the City of Pearland to annex
an approximately 20 acre tract of land, located on the east side of County Road 107 F
(CR107F), north of Bailey Rd., and west of Manvel Road. The property just east of the
tract subject to annexation includes approximately 20 acres, is under common
ownership and was annexed into the City in 2001. This adjacent tract is zoned Single -
Family Estate District (RE).
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When a property is annexed into the City, the interim zoning of the land is Suburban
Development (SD) district. Ultimately the applicant proposes a low density, single-
family residential development.
In accordance with Section 43.063 of the Texas Local Government Code, the following
statutory requirements are mandated for annexation:
• Notice of Intent to all property owners, public/private entities, railroad companies;
• Preparation of a Service Plan that provides for the extension of full municipal
services;
• Two public hearings are required at which persons interested in the annexation
are given the opportunity to be heard;
• Reading of the Annexation Ordinance
• Pre -Clearance (Justice Department Notification)
Staff has discussed the benefits of annexation and recommends that the annexation be
considered for the following reasons:
• The proposed request is a voluntary annexation, and will provide an opportunity
to direct future growth and guide development.
• Annexing the property prior to development will prevent creation of potential non -
conformities of structures and uses.
• The provision of services in the area will have minimal additional burden on the
City. City departments have indicated that the property can be served with
existing resources as indicated in the service plan and feasibility report.
• The property will be zoned. Appropriate zoning for the currently undeveloped
property will ensure that the property develops in a manner which is most
compatible for the location and surrounding land uses. The zoning of the
property will be based on the Future Land Use Plan and regulated by the Unified
Development Code.
Service Plan: A Service Plan for the property is attached to this report. As indicated by
the Service Plan, the City will be able to service the possible annexation area with
existing resources.
Staff Recommendation: Staff recommends approval of the annexation of the subject
20 acre tract located on the east side of CR107F, north of Bailey Rd., and west of
Manvel Road for the following reasons:
1) The property is located within the City's Extra -Territorial Jurisdiction (ETJ) and
will eventually become a part of the City of Pearland. By annexing the property
prior to development, the City is able to prevent non -conforming issues that may
potentially occur if the property develops while in the ETJ.
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2) Annexation of the subject property into the City of Pearland will ensure that future
growth is guided by the Future Land Use Plan of the Comprehensive Plan,
Unified Development Code, and other City regulations. Additionally, the City will
be in a better position to provide safeguards against unplanned and unregulated
growth for current and future residents of Pearland.
3) The proposed annexation is being initiated by the property owner and will not
affect nearby properties in a negative manner. It will give assurances to nearby
property owners that development on the property will be subject to City of
Pearland regulations.
Recommended Action
Consider the annexation of the 20 acre property located on the east side of CR107F,
north of Bailey Rd., and west of Manvel Road.
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AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: December 16, 2013 ITEM NO.:
DATE SUBMITTED: December 2, 2013 DEPT. OF ORIGIN: Planning
PREPARED BY: Johnna Matthews PRESENTOR: Harold Ellis
REVIEWED BY: REVIEW DATE:
SUBJECT: Request for Voluntary Annexation of Land into the City Limits- Second
of two Public Hearings
EXHIBITS:
Attachments: 1. Vicinity Map
2. Feasibility Report
3. Service Plan
4. Petition for Annexation
5. Public Notice
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
AMOUNT AVAILABLE: N/A PROJECT NO.: N/A
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: N/A
ACCOUNT NO.: N/A
PROJECT NO.: N/A
To be completed by Department:
■ Finance ■ Legal ■ Ordinance ■ Resolution
EXECUTIVE SUMMARY
Kevin Cole, applicant for Tin Dinh, owner; has petitioned the City of Pearland to annex
an approximately 20 acre tract of land, located on the east side of County Road 107F
(CR107F), north of Bailey Rd., and west of Manvel Road. The property just east of the
tract subject to annexation includes approximately 20 acres, is under common
ownership and was annexed into the City in 2001. This adjacent tract is zoned Single -
Family Estate District (RE).
1 of 3
When a property is annexed into the City, the interim zoning of the land is Suburban
Development (SD) district. Ultimately the applicant proposes a low density, single-
family residential development.
Pursuant to Section 43.065 (a) of the Texas Local Government Code, before a
municipality may institute annexation proceedings (Readings of the Ordinance), two
public hearings are required at which persons interested in the annexation are given the
opportunity to be heard. The hearings must be conducted on or after the 40th day, but
before the 20th day before the date of the institution of proceedings. The first public
hearing was held on December 9, 2013. The second public hearing will be held on
December 16, 2013.
In accordance with Section 43.063 of the Texas Local Government Code, the following
statutory requirements are mandated for annexation:
• Notice of Intent to all property owners, public/private entities, railroad companies;
• Preparation of a Service Plan that provides for the extension of full municipal
services;
• Two public hearings are required at which persons interested in the annexation
are given the opportunity to be heard;
• Reading of the Annexation Ordinance
• Pre -Clearance (Justice Department Notification)
Staff has discussed the benefits of annexation and recommends that the annexation be
considered for the following reasons:
• The proposed request is a voluntary annexation, and will provide an opportunity
to direct future growth and guide development.
• Annexing the property prior to development will prevent creation of potential non -
conformities of structures and uses, as structures built outside the City limits are
not required to follow City development regulations.
• The provision of services in the area will have minimal additional burden on the
City. City departments have indicated that the property can be served with
existing resources as indicated in the service plan and feasibility report.
• The property will be zoned. Appropriate zoning for the currently undeveloped
property will ensure that the property develops in a manner which is most
compatible for the location and surrounding land uses. The zoning of the
property will be based on the Future Land Use Plan and regulated by the Unified
Development Code.
Service Plan: A Service Plan for the property is attached to this report. As indicated by
the Service Plan, the City will be able to service the possible annexation area with
existing resources.
2 of 3
Staff Recommendation: Staff recommends approval of the annexation of the subject
20 acre tract located on the east side of CR107F, north of Bailey Rd., and west of
Manvel Road for the following reasons:
1) The property is located within the City's Extra -Territorial Jurisdiction (ETJ) and
will eventually become a part of the City of Pearland. By annexing the property
prior to development, the City is able to prevent non -conforming issues that may
potentially occur if the property develops while in the ETJ.
2) Annexation of the subject property into the City of Pearland will ensure that future
growth is guided by the Future Land Use Plan of the Comprehensive Plan,
Unified Development Code, and other City regulations. Additionally, the City will
be in a better position to provide safeguards against unplanned and unregulated
growth for current and future residents of Pearland.
3) The proposed annexation is being initiated by the property owner and will not
affect nearby properties in a negative manner. It will give assurances to nearby
property owners that development on the property will be subject to City of
Pearland regulations.
Recommended Action
Consider the annexation of the 20 acre property located on the east side of CR107F,
north of Bailey Rd., and west of Manvel Road.
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City of
Pearland
Vicinity Map
Annexation Petition
ast of CR107F and
West of Manvel Rd
This product is for information purposes and
may not have been prepared for or be suitablE
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 175 350 700 Feet
1 1 1 1 1 1 1 1
A
ORDINANCE NO. 1495
Exhibit "B"
Exhibit B
Service Plan
City of Pearland, TX
The herein described 20 acres, more or less, being legally described as A0547 H T & B
R R, Tract 1, to be annexed into the City of Pearland.
I. 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
20 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.
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 to 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 provide fire protection to the Tract. Additionally, the Fire Marshal's Office
will provide the following services upon annexation:
• Enforcement of city ordinances as applied to the Fire code,
enforcement of 2012 Life Safety Code and 2012 International Fire
Code as applied to new and existing business occupancies.
• Review plans when submitted for new construction, tenant
occupancies and installation of fire protection systems.
• Fire inspections of new construction, tenant occupancies and new
fire protection systems.
• Routine fire inspections of all existing business occupancies
including foster care homes.
• If requested by the owner, fire inspections of residential homes.
• Investigations of all fires to determine origin and cause.
• Respond to fire hazard complaints including enforcement of illegal
burning and illegal fireworks.
• Respond to and enforce environmental crimes.
• Abatement of unsafe, dangerous and dilapidated structures.
• Provide public awareness and education of fire prevention and
emergency management.
c. Emergency Medical Service: The Pearland Fire Department (PFD) will
provide emergency medical services 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.
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.
g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Not Applicable.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service: Not Applicable.
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, groceries, convenience stores, schools, day -cares and foster
homes.
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. Animal Control services will be provided by the City of Pearland Animal
Control and Adoption Center to protect animals and promote pet adoptions.
e. 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
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 will also 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
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.
October 11, 2013
Honorable Mayor Tom Reid and City Council
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Petition for Annexation
Dear Honorable Mayor Reid,
1, Tin Dinh, as owner request the City of Pearland to annex into the corporate limits of
Pearland, TX a 20 acre tract of land. Specifically, the legal description of the property is:
A0547 H T & B R R, TRACT 1 of the Brazoria County records.
Attached, please find a survey of the tract in question.
I have a contract for sale on the property along with TRACT 2. to a development group to
develop as a single family subdivision.
Best Regards,
jut. Li- Lk/
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