City Council

Agenda Request

Agenda Of:

3/19/2007

Agenda Request No:

I A

Initiated By:

douglas p. schomburg, aicp

asst. planning director

 

Responsible Department:

planning

Presented By:

jim callaway, executive director

community development

Department Head:

sabine somers-kuenzel, aicp

director of planning

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

limited purpose annexation for fort bend county municipal utility district no. 1

first reading of ordinance no. 1615

Exhibits:

supplemental information, approved riverpark general plan, Ordinance no. 1615 with map, metes and bounds, service plan, and approved strategic partnership agreement

Clearances

Approval

Legal:

joe morris

City attorney

Executive Director:

jim callaway

community development

Purchasing:

n/a

Asst. City Manager:

n/a

Budget:

n/a

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

n/a

Amount Budgeted/Reallocation:  $

n/a

Additional Appropriation:  $

n/a

Recommended Action

Approve Ordinance No. 1615 for the Annexation of Fort Bend County MUD No. 1.

Executive Summary

This is the First Reading of Ordinance No. 1615 for annexation of Fort Bend County Municipal Utility District No. 1 (Riverpark Community), into the corporate limits.  This annexation is initially for Limited Purposes under the Texas Local Government Code until December 1, 2009, when full annexation into the City and dissolution of MUD 1 will automatically occur as agreed to in the executed Strategic Partnership Agreement (SPA).  The SPA between Fort Bend County MUD No. 1 and the City of Sugar Land was approved on January 2, 2007 by the City Council.

 

Public Hearings were held at the City Council meeting on February 20 and February 27, 2007 in accordance with the Texas Local Government Code.  No members of the public spoke at either hearing.  At the time of the writing of this report, staff has received five inquiries regarding the annexation since the beginning of the annexation process.  All have been general inquiries and there has been no opposition detected.

 

Action by the Council adopting the annexation ordinance with a First and Second Reading is required to be completed no later than March 27, 2007 in order to comply with the 90-day timeframe called for in the SPA.  Additional information is attached, including the approved Strategic Partnership Agreement.

 

File No. 7345

Exhibits

 

 

SUPPLEMENTAL INFORMATION:

 

PUBLIC HEARING:

The Notice of the Public Hearings held on February 20 and February 27, 2007 were in accordance with the Texas Local Government Code provisions for Limited Purpose Annexation and under a Strategic Partnership Agreement with Fort Bend County Municipal Utility District No. 1 executed by the City Council on January 2, 2007.  The SPA also involved Public Hearings by the City Council and by FBC MUD No. 1 as well, prior to approval.  Notice of the Public Hearing for Limited Purpose Annexation was published in a newspaper of general circulation as required by state law and on the City of Sugar Land internet home page.  Specific Notice was sent to FBC MUD No. 1 and to the Lamar Consolidated Independent School District per state law. 

 

No members of the public spoke at either hearing.  At the time of writing this report there have been five inquires, including contact between the Planning Department staff and Lamar CISD.  The inquires were for information only and were not in opposition

 

 

KEY POINTS FROM THE STRATEGIC PARTNERSHIP AGREEMENT:

 

Staff and the District have worked to prepare a Strategic Partnership Agreement (SPA) providing for Limited Purpose annexation followed by Full Purpose annexation and dissolution of the District to include:

  • City will adopt an ordinance to annex the District for limited purposes within 90 days of effective date of SPA
  • City will impose a Sales and Use Tax within the District in the ordinance annexing the District for limited purposes.  The Sales and Use Tax will be imposed on the receipts from the sale and use at retail of taxable items at the rate of two percent or the rate specified under future amendments to Chapter 321 of the Tax Code
  • During Limited Purpose annexation period, the City will rebate to the District 50% of Sales and Use Tax that City and its 4A and 4B Corporations collect from the boundaries of the District
  • During Limited Purpose annexation period, Districts assets, liabilities, indebtedness, and obligations will remain the responsibility of the District
  • District agrees to keep all payments of rebate provided in a separate account and may use those payments for infrastructure projects and general district purposes as defined in the SPA
  • During Limited Purpose annexation, City will continue to provide pre-annexation Fire Protection Services to the District pursuant to current Fire Protection Services Agreement
  • After effective date of SPA, District will not file a bond application for issuance of new debt without written consent of City Manager
  • During Limited Purpose annexation period, District shall participate in City Groundwater Reduction Plan (GRP) and there will be a one-time initial GRP participation payment of $35 for each Equivalent Single Family Connection projected to be in District at build-out
  • City and District agree that the District is annexed for full purposes, effective December 1, 2009 without further action of the City or District.  City will provide full City services, including fire service upon Full Purpose annexation
  • Upon Full Purpose annexation, the District is dissolved and the City will assume all of the assets and liabilities of the District in accordance with Texas Law

 

 

Cc:   Lynn Humphries, Allen Boone Humphries and Robinson LLP

 

File No. P0007345

 

Riverpark Approved General Plan:  (October 19, 1999)

Fort Bend County Municipal Utility District No. 1

 

Shopping Center
 

US 59
 

S:\Planning\Pictures\Riverpark\Council Approved General Plans.doc

 

 

ORDINANCE NO.  1615

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 FOR LIMITED PURPOSES UNDER A STRATEGIC PARTNERSHIP AGREEMENT; LEVYING A MUNICIPAL SALES AND USE TAX WITHIN THE ANNEXED AREA; APPROVING A SERVICE PLAN FOR THE FULL PURPOSE ANNEXATION;  PROVIDING FOR INTERIM R-1 ZONING AND PLACING THE PROPERTY INTO CITY COUNCIL DISTRICT TWO UPON FULL PURPOSE ANNEXATION; AND PROVIDING FOR DISSOLUTION OF THE DISTRICT.   

 

            WHEREAS, section 1.09 of the City’s Charter authorizes the City to annex land for limited purposes and to impose therein a municipal sales and use tax; and  

 

            WHEREAS, on January 2, 2007, the City of Sugar Land and Fort Bend Municipal Utility District No. 1 (the District) entered into a Strategic Partnership Agreement (the Agreement), attached to this ordinance as Exhibit C, as authorized by §43.0751 of the Texas Local Government Code (the Act); and

 

            WHEREAS, the Agreement provides for annexation of the approximately 834 acres within the District, for limited purposes within 90 days of Agreement, for full purpose annexation of the District on December 1, 2009 and for the imposition of a municipal sales and use tax; and

 

            WHEREAS, public hearings were held on February 20, 2007, and February 27, 2007, on the proposed limited purpose annexation for which notice was given as required by State law; NOW, THEREFORE;

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That the all of the land contained within the District, as described in Exhibit A, attached to and incorporated into this ordinance by reference, is annexed into the City of Sugar Land for limited purposes at 12:01 a.m. on March 28, 2007, as authorized by the Agreement and the Act. 

 

Section 2.  That the municipal sales and use tax authorized by Chapter 321 of the Tax Code, and as levied and applied at the rate of two percent on the receipts from the sale at retail of taxable items within the City of Sugar Land, is imposed upon and applies within the land annexed for limited purposes under this ordinance, as authorized by §43.0751 (k) of the Act.  The sales and use tax takes effect within the land annexed under this ordinance for limited purposes on the date as provided by Chapter 321 of the Tax Code.  The City Secretary will notify the Comptroller of the change of boundaries of the City resulting from this ordinance as required by law.       

 

Section 3.  That the following provisions apply to the full purpose Annexation:  

 

(a) That pursuant to the Agreement the real property annexed in this ordinance for limited purposes and any land hereafter included in the District is annexed and included in the City of Sugar Land for full purposes without further action of the City or the District, at 12:01 a.m. on December 1, 2009.  

 

(b) That the Service Plan, attached as Exhibit B and incorporated into this ordinance by reference, providing for the extension of municipal services to the annexed property, applies to the annexed property upon full purpose annexation.      

 

(c) That upon full purpose annexation, the real property is temporarily zoned as District R-1, (Standard Single Family Residential District), pending permanent zoning of the property, or if that zoning classification no longer exists on the date of full purpose annexation, the district zoning designation that is most similar to District R-1 applies.  

 

(d) That at 12:01 on December 2, 2009, the District is dissolved and, in accordance with §43.075 of the Local Government Code, the City will: 

 

(1) Take over all the property and other assets of the District;

(2) Assume all of the debts, liabilities, and obligations of the District; and

(3) Perform all the functions of the District, including the provision of services.

 

(e) That upon full purpose annexation, the real property annexed is added to city council district two.  

 

            Section 4.  That the provisions of this ordinance are severable and the invalidity of any part of this ordinance shall not affect the validity of the remainder of the ordinance.  This ordinance is intended to annex to the City of Sugar Land all of the real property included within the District, regardless of whether described or included in Exhibit A.   

 

            READ IN FULL on first consideration on ______________________, 2007.

 

            APPROVED upon second consideration on _____________________, 2007.

 

 

                                                                                    _________________________

David G. Wallace, Mayor

 

ATTEST:

 

 

___________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance:

 

 

Attachments:     Exhibit A -        Map of Annexed Property

            Metes and Bounds Description of Land Annexed

                        Exhibit B -        Service Plan

                        Exhibit C -        Strategic Partnership Agreement