City Council

Agenda Request

Agenda Of:

11/06/2007

Agenda Request No:

VII B

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:

Disannexation of residential areas of fort bend county municipal utility district no. 1 (riverpark community) prefiously annexed for limited purposes under a strategic  partnership agreement; first reading of ordinance no. 1658

Exhibits:

FBC MUD 1 Map, Ordinance no. 1658 with map, metes and bounds

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. 1658, disannexing residential areas of Fort Bend County MUD No. 1 that were previously annexed for limited purposes.

Executive Summary

On January 2, 2007, the City of Sugar Land and Fort Bend County MUD No. 1 (MUD 1), entered into a Strategic Partnership Agreement (SPA). The agreement provided for the City’s limited purpose annexation of the District, the imposition of the City sales and use tax in the District, and sharing sales taxes with the District. The agreement also provided a date for full purpose annexation of the District (Dec. 2009). MUD 1 includes the Riverpark community.

 

Pursuant to the SPA, the City annexed the entire District for limited purposes by Ordinance No. 1615, effective March 28, 2007 and imposed a City and use tax within the area.

 

The City Charter allows for the City to annex land for limited purposes, but provides that any residents annexed do not have the right to vote in City elections unless specified in the annexation ordinance. Since the only purpose of the limited purpose annexation was to provide for the division of sales taxes with the District, the annexation ordinance did not address resident voting in City elections.

 

On June 15, 2007, the Texas legislature enacted House Bill 3273 granting residents of a municipal utility district located in an area annexed for limited purposes the right to vote in certain city elections, including the election of council members.

 

The City and the District did not address voting through the SPA, thus the City Charger does not allow residents of the area annexed for Limited Purposes to vote in City elections. This is in conflict with the statute as it requires that citizens in areas annexed for Limited Purposes be allowed to vote. Disannexation of the residential areas of MUD 1 Limited Purpose annexation resolves this conflict.

 

The SPA provides for full purpose annexation of the District in December 2009. The District’s residents will have the right to vote in City elections at that time.

 

We are recommending that City Council approve the attached ordinance disannexing the residential areas of MUD 1.

 

File No. 8641

Cc:   Steve Robinson, Allen Boone Humphries and Robinson LLP

Exhibits

 

Map of FBC MUD No. 1:

 

 

 

ORDINANCE NO.  1658

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, DISANNEXING THE RESIDENTIAL AREAS OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 PREVIOUSLY ANNEXED FOR LIMITED PURPOSES BY ORDINANCE NO. 1615 UNDER A STRATIGIC PARTNERSHIP AGREEMENT.     

 

            WHEREAS, on January 2, 2007, the City of Sugar Land and Fort Bend County Municipal Utility District No. 1 (the District) entered into a Strategic Partnership Agreement (SPA) under Texas Local Gov’t. Code, §43.0751 (the Act), that provided for the City’s limited purpose annexation of the District, the imposition of a City sales and use tax in the District, the City’s sharing the sales taxes with the District, and a date for the City’s full purpose annexation of the District, and  

 

WHEREAS, under the City’s City Charter, the residents of an area annexed for limited purposes do not have the right to vote in City elections unless otherwise provided for in the annexation ordinance; and 

 

WHEREAS, pursuant to the SPA, the City annexed all of the District for limited purposes by Ordinance No. 1615, effective March 28, 2007, imposed a City sales and use tax within the area annexed, but did allow District residents to vote in City elections; and   

 

 WHEREAS, effective June 15, 2007, the Texas Legislature enacted House Bill 3273, effective September 1, 2007, which gave the residents of a municipal utility district annexed for limited purpose the right to vote in certain city elections, including the election of council members; and

     

WHEREAS, under the SPA, the City and the District did not intend for the District’s residents to have the right to vote in City elections because the District’s residents pay no City ad valorem taxes and are not subject to any City regulations under the limited purpose annexation; and

 

WHEREAS, Local Government Code, section 43.146 allows a City to disannex and area located in a municipal utility district that was annexed for limited purposes; and

 

WHEREAS, the City’s disannexation of the residential areas of the District would restore the original intent of the SPA and the limited purpose annexation ordinance relating to the voting rights of District residents; NOW, THEREFORE;

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That, except for the area described in Exhibit A, attached to and incorporated into this ordinance by reference, all of the area within the District as annexed for limited purposes under Ordinance No. 1615 is disannexed at 12:01 a.m. on November 21, 2007.

 

             

 

Section 2. That the City Secretary will attach a copy of this ordinance to Ordinance No. 1615, showing this amendment.

 

             

 

            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 Property Not Disannexed

           

 

 

Exhibit A

Map of Property and Description of

Non-Residential Land Annexed for Limited Purposes.

 

Annexation of MUD 1 – Riverpark commercial properties only

Boundary Metes and Bounds

 

BEGINNING at a westerly city limit line along US 59 right-of-way 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 property line of the TxDOT right-of-way 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 crossing the roadway known as State Highway 99 (Grand Parkway) to the southern property line of the property described and platted in FBCC Plat File No. 20040232 and;

 

THENCE continuing in a westerly direction along that southern property line of the property identified for approximately 990 feet to the western property line of said property and;

 

THENCE continuing in a northerly direction along the westerly property line of said property to the intersection with the right-of-way of Wimberly Canyon Drive and;

 

THENCE continuing in a northeasterly direction along northwestern property line of said property along Wimberly Canyon Drive right-of-way  to the intersection with the right-of-way line of River Fall Drive and;

 

THENCE following the northern property line of said property to the western right-of-way boundary of the roadway known as State Highway 99 (Grand Parkway) and;

 

THENCE following the right-of-way boundary of State Highway 99 in a northerly direction across the right-of-way of River Fall Drive to the intersection with the southern property line of the property identified as 0049-00-000-8505-901 and further described as 1.5 acres in the Joseph Kuykendall League, Abstract 49 and;

 

THENCE following the southern property line of said property in a westerly direction to the intersection with the right-of-way of Wimberly Canyon Drive and;

 

THENCE continuing in a northerly direction along the right-of-way of Wimberly Canyon Drive to the intersection with the ROW of West Riverpark Drive and;

 

THENCE following the northern property line of the property described and platted in FBCC Plat File No. 20040158 in easterly direction to the northern property line of the property described and platted in FBCC Plat File No. 20050220 and;

 

THENCE continuing in an easterly direction along the northern property line of said property to the intersection with the right-of-way of State Highway 99 (Grand Parkway) and;

 

THENCE continuing in a northerly direction along the western right-of-way boundary of the State Highway 99 to the intersection with the MUD No. 1 northern boundary and;

 

THENCE crossing the right-of-way of State Highway 99 along that northern MUD boundary to the eastern ROW of boundary of State Highway 99 and;

 

THENCE continuing in a southerly direction along the eastern right-of-way boundary of State Highway 99 to the intersection with the northern property line of the property identified as 0049-00-000-0747-901 and further described as 14 acres in the Joseph Kuykendall League, Abstract 49 and;

 

THENCE continuing in an easterly direction along the northern property line of said property to the northern property line of the property described and platted in FBCC Plat File No. 20060118 and;

 

THENCE continuing in an easterly direction along the northern property line of said property to the intersection with the western right-of-way line of East Riverpark Drive and;

 

THENCE continuing in a southerly direction along the eastern boundary of said property to the southern property line of the property already identified as 0049-00-000-0747-901 and;

 

THENCE continuing in a westerly direction along the southern property line of said property to the intersection with the eastern right-of-way line of State Highway 99 and;

 

THENCE continuing in a southerly direction along the eastern right-of-way line crossing the right-of-way of East Riverpark Drive to the intersection with the northern property line of the property described and platted in FBCC Plat File No. 2299 A & B and;

 

THENCE continuing in a easterly direction along the northern property line of said property to the intersection with the westerly city limit line along US 59 right-of-way as defined by City of Sugar Land Ordinance No. 468 and;

 

THENCE continuing in a westerly direction along the city limit line for approximately 2,395 feet to a corner at the intersection with TxDOT right-of-way, such point also being THE POINT OF BEGINNING.