AGENDA REQUEST

	City Council
	Agenda Request
Agenda Of:	04/22/2008	Agenda Request No:		II A
Initiated By:	douglas schomburg, aicp asst. planning director	Responsible Department:		planning
Presented By:	douglas schomburg, aicp asst. planning director	Department Head:		sabine somers-kuenzel, aicp director of planning
		Additional Department. Head (s):		n/a
Subject / Proceeding:	second reading of ordinance no. 1678 annexation of 20.8 acres of state highway right of way, (cloverleaf area) located at the intersection of us highway 59 and grand parkway
Exhibits:	ordinance no. 1678 , resolution No. 07-33 with map and service plan
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/for AB
Budget
Expenditure Required: $			n/a
Amount Budgeted/Reallocation: $			n/a
Additional Appropriation: $			n/a
Recommended Action
Approval of Second Reading of Ordinance No. 1678.
Executive Summary
This is the Second Reading of Ordinance No. 1678 for the full-purpose annexation of approximately 20.8 acres at the intersection of US 59 and the Grand Parkway. The acreage is entirely made up of Texas Department of Transportation (TxDOT) right-of-way, and includes the frontage roads and interchange currently under construction. Resolution No. 07-33, approved by the City Council on November 6, 2007 allowed initiation of annexation proceedings to occur. This annexation is important in implementing the Strategic Partnership Agreements (SPAs) with Greatwood Utility Districts. The annexation provides contiguousness needed for limited purpose annexation of commercial parcels within the adjacent Greatwood Community. The annexation also improves contiguousness with the Riverpark Community annexation planned for December 2009. Two Public Hearings were conducted for this annexation where no members of the public spoke. Tuesday, March 18, 2008 Tuesday, March 25, 2008 The property proposed for annexation is not currently located within any Municipal Utility District. File No. 9299 Cc: Jim Hunt, P.E., Texas Department of Transportation
Exhibits

ORDINANCE NO. 1678

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING 20.8 ACRES OF LAND LOCATED AT THE INTERSECTION OF US HIGHWAY 59 AND STATE HIGHWAY 99 AS MORE PARTICULARLY DESCRIBED HEREIN, TEMPORARILY ZONING THE PROPERTY AS DISTRICT R-1 AND PLACING THE ANNEXED LAND INTO CITY COUNCIL DISTRICT NUMBER TWO.

WHEREAS, the City desires to annex the right-of-way along U.S. Highway 59 to provide for future annexations of land as agreed to under strategic partnership agreements with one or more municipal utility districts; and

WHEREAS, public hearings were held on March 18, 2008, and on March 25, 2008, on the proposed 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 land described in Exhibit A, attached to and incorporated into this ordinance by reference, is annexed to and included as part of the City of Sugar Land, Texas.

Section 2. 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, is approved as a part of this ordinance.

Section 3. That the property annexed is temporarily designated as District R-1, Standard Single-Family Residential District, pending permanent zoning of the property.

Section 4. That the land annexed herein is added to city council district number two.

Section 5. That under section 276.006 of the Election Code, any change in a City boundary resulting from an annexation of land is not effective for a City election for council members unless the effective date of the annexation is more than three months before the election day.

Section 6. 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 described in Exhibit A. However, if any court finds upon final judgment that the City of Sugar Land did not have the power, right, or jurisdiction to annex any part of the real property described in Exhibit A, it is the City Council's intent that that portion be excluded from the territory annexed, the same as if the excluded area was described in this ordinance as being excluded.

READ IN FULL on first consideration on _________________, 2008.

APPROVED upon second consideration on ________________, 2008.

_________________________

David G. Wallace, Mayor

ATTEST:

___________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance:

EXHIBIT A

AN AREA AT THE INTERSECTION OF US HIGHWAY 59 AND HIGHWAY 99 (GRAND PARKWAY), CONTAINING APPROXIMATELY 20.8 ACRES OF LAND, IN TWO TRACTS, MORE OR LESS, AS DEPICTED BELOW:

North side of US Highway 59: 8.4 acres

FB CAD Parcel No. 0049-00-009-0003-901

R# 34638

South side of US Highway 59: 12.3 acres

FB CAD Parcel No. 0049-00-000-0021-901

R# 34476

Annexation of Property at US 59 and State Hwy. 99

Metes and Bounds for 20.8 acres

Northern Property –

BEGINNING at a westerly city limit line along US 59 ROW as defined by City of Sugar Land Ordinance No. 468 and its intersection with a property line bearing the coordinates of N 66˚ 30’ 46” W as identified in construction plans for US 59 expansion;

THENCE continuing in a westerly direction along the City of Sugar Land city limit line for approximately 1,290 feet to the intersection with the property line of the property identified as 0049-00-009-0003-901 and further described as approximately 8.4 acres in the J. Kuykendall League, Abstract 49 and;

THENCE continuing in a northerly direction along the property line of said property, crossing the roadway known as State Highway 99 (Grand Parkway) to the intersection with the city limit line already described, such point BEING THE PONT OF BEGINNING.

Southern Property –

BEGINNING at a westerly city limit line along US 59 ROW as defined by City of Sugar Land Ordinance No. 468 and its intersection with existing TxDOT ROW described as feeder roads for US 59 north;

THENCE continuing in a westerly direction along the City of Sugar Land city limit line for approximately 1,840 feet to the intersection with the property line of the property identified as 0049-00-000-0021-901 and further described as 12.3 acres in the J. Kuykendall League, Abstract 49 and;

THENCE continuing in a southerly direction along the property line of said property, crossing the roadway known as Crabb River Road to the intersection with the city limit line already described, such point BEING THE POINT OF BEGINNING.

EXHIBIT B

SERVICE PLAN

FOR

SUBCHAPTER C-1 ANNEXATION

20.8 ACRES INTO THE CITY OF SUGAR LAND, TEXAS

(TxDOT Right-of-Way Area at US 59 and SH 99)

I. INTRODUCTION.

This Service Plan is made by the City of Sugar Land, Texas pursuant to Section 43.065 of the Texas Local Government Code. This Plan addresses the City’s proposed annexation of land approximately 20.8 acres located at the intersection of US Highway 59 and State Highway 99 (Grand Parkway) west of the Brazos River, and bordered to the north by the Riverpark Community and to the south by property immediately adjacent to the Greatwood Community, and adjacent to the Corporate Limits of the City of Sugar Land, within the J. Kuykendall League, Abstract No. 49, Fort Bend County, Texas.

II. DEFINITIONS.

City means the City of Sugar Land, Texas.

Plan means this Service Plan.

Property means the real property proposed to be annexed as described in this Plan.

Standard policies and procedures means those laws, ordinances, policies and procedures of the City applicable to a particular service in the City 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.

III. SERVICE PROGRAMS.

A. In General. This Plan includes the Operations and Maintenance Program and a Capital Improvement Program, described below.

B. Scope and Quality of Services. This annexation includes state highway right-of-way only. Services under this Plan will equal or exceed the number of services and the level of services in existence in the Property immediately preceding annexation or which are otherwise available in other areas of the City with land uses similar to those reasonably contemplated or projected in the Property. However, it is not the intent of this Plan to require that uniform level of service be provided to all areas of the City (including the Property) where differing characteristics of topography, land utilization are considered as a sufficient basis for providing differing service levels.

C. Operations and Maintenance Program.

1. Statutory Services. The statutory services will be provided to the Property upon the effective date of annexation, except as otherwise indicated. The statutory services are as follows:

a. Police Protection. The Police Department of the City will provide police protection to the Property with services comparable to similar property in the remainder of the City. The protection includes, but is not limited to, police patrols, response to calls for police service, traffic enforcement and crime prevention community education.

b. Fire Protection. The Fire Department of the City will provide suppression, emergency medical first response with basic life support, rescue, fire prevention, code enforcement and investigation. Staffing and equipment will be deployed in response to the nature of the incident in accordance with standard policies and procedures. When necessary, additional equipment and staffing may be dispatched from neighboring jurisdictions pursuant to existing mutual aid agreements.

c. Solid Waste Collection. This annexation includes state highway right-of-way only.

d. Maintenance of Water and Wastewater Facilities. The land included in the proposed annexation consists of state highway right-of-way only.

e. Maintenance of Roads and Streets (including lighting). The land included in the proposed annexation consists of state highway right-of-way only. The signal improvements at US 59 and State Highway 99 are the only infrastructure identified within the 20.8 acres that will be a City responsibility post-annexation.. The signals will be improved with the current construction project and are scheduled to be complete in the fall of 2008. At the time of this plan, TxDOT is operating the traffic signals at this location. The improvements will be to the City specifications and the Traffic Operations Division will take over the maintenance of the signals at the time of completion

f. Maintenance of Parks, Playgrounds and Swimming Pools. There are no recreational facilities within the area to be annexed.

g. Maintenance of Any Other Publicly-owned Facility, Building or Service. No other publicly-owned facility, building or service is proposed.

h. Enforcement of City Ordinances. This City will enforce all ordinances in the area annexed.

2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Property to the same extent they are provided to similar territories elsewhere in the City. These are as follows:

a. Health services, in accordance with standard policies and procedures.

b. Mosquito control will be provided as elsewhere in the City.

3. Capital Improvement Program. Upon annexation the acreage will be included into the City of Sugar Land 5-Year Capital Improvement Program and needs prioritized through the CIP process.

IV. TERM: EFFECTIVE DATE.

This Plan will be in effect for a term of ten (10) years commencing on the effective date of the annexation of the Property. Renewal of this Plan will be at the option of the City.

V. ENTIRE PLAN.

This document contains the entire and integrated service plan relating to the Property and supersedes all other negotiations, representations, plans, and agreements whether written or oral.