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HomeMy WebLinkAboutOrdinance No. 2024-02 ORDINANCE NO. 2024-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 74 "TAXATION," ARTICLE III "IMPACT FEES," SECTION 74-52 "IMPACT FEES FOR NEW CONSTRUCTION," SUBSECTION(D)"FEES"OF THE FRIENDSWOOD CITY CODE,TO AMEND THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ***************************************************************************************** WHEREAS, the City Council caused an update of the land use assumptions and capital improvements plan to be prepared in accordance with Subchapter C of Chapter 395 of the Texas Local Government Code(the "Act");and WHEREAS, on November 6, 2023, the City Council (i) reviewed and evaluated the current land use assumptions;(ii)received update of the land use assumptions,capital improvements plan and proposed impact fees; (iii) determined to amend the plan; and (iv) set a public hearing to discuss and review the update;and WHEREAS,on November 16,2023,the Planning and Zoning Commission,acting in its authority as the Capital Improvements Advisory Committee, met and reviewed the amendments to the land use assumptions,capital improvements plan and impact fees; and WHEREAS, on November 22, 2023, the Planning and Zoning Commission filed its written comments in accordance with law; and WHEREAS, on January 8, 2024, the City Council, after having published and mailed notices in accordance with law, held a public hearing on the amendments to the land use assumptions, capital improvements plan and impact fees; and WHEREAS,the City Council finds that all prerequisites of law have been satisfied for the periodic update required pursuant to Section 395.052 of the Texas Local Government Code; and • WHEREAS,after considering the testimony given at the public hearing and the comments received from the Planning and Zoning Commission, the City Council now desires to amend the land use assumptions and capital improvements plan and to modify the maximum allowable impact fee in accordance with this ordinance;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. All matters and facts set forth in the recitals above are found to be true and correct. Section 2. That the City Council of the City of Friendswood,Texas,hereby approves the land use assumptions, capital improvements plan and the modifications to the maximum allowable impact fee, which are included in the document entitled "2023 Water and Wastewater Impact Fee Update," which document is on file in the City Secretary's Office, and incorporated herein by this reference for all intents and purposes. Section 3. That Chapter 74"Taxation," Article III "Impact Fees," Section 74-52 "Impact fees for new construction," Subsection(d)"Fees" of the Friendswood City Code, is hereby amended to read as follows: CHAPTER 74. TAXATION ARTICLE III. IMPACT FEES Sec.74-52. Impact fees for new construction. (d) Fees. The water impact fee is $3,721.00 per equivalent service unit. The wastewater impact fee is $1,675.00 per equivalent service unit. Meter Size and Type t nits 1" simple 1 11/2" simple 2.3 2" simple 2.9 3" compound 9.1 4" compound 22.7 6" compound 36.4 8" compound 72.7 10" compound 118.2 12" compound 145.5 A one-inch meter is the smallest acceptable meter. In any situation where a meter smaller than one inch is installed,the one-inch fee will be charged. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however,that such repeal shall be only to the extent of such inconsistency and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 6. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 7. This ordinance shall become effective from and after its date of adoption and its publication, as provided by law. 2 PASSED, APPROVED, and ADOPTED on first and final reading by the affirmative vote of the City Council of the City of Friendswood on this the 8th day of January,2024. STEVE ROCKEY,Mayor Pro m A %T: / Ail .Pv.M4.10IIAk LE CIA BRYSCH,City Secre . p, ,.;'. °`y O0 I-- ,I A �'' U APPROVED AS TO FORM: STq 7-E Oft--' . HORNER,City Attorney H:\City Council\Ordinances\2024\01-08-2024\Ordinance-Impact Fee Update.docx 3 AFFIDAVIT OF PUBLICATION The Reporter News 103 S. Friendswood Dr. Friendswood, TX 77546 State of Texas Galveston, Brazoria, and Harris Counties I hereby certify that the appended notice was published in the REPORTER NEWS, a newspaper of general circulation in Galveston, Brazoria, and Harris Counties, for 1 issues as follow: Reference: Ordinance 2024-02 No. 1 Date:_. January 17 2p24 No. _ Date: No. F Date: 20_ 20 Owner cy Subscribed and sworn before me this', 5 day of February 2024 JAMES µICHAEL FOREMAN ®Notary ID #132083993 . µy Commission Expires NdtWPublic, State o exas ?orF' August 1.2027 6 REPORTER NEWS, January 17, 2023 LEGALS Published January 17, 24, & 31 LEGALS LEGALS LEGALS LEGALS LEGALS -uullsneu January 11 & Z4 Notice Of Constable Sale Cause Number: 122234-CV** (See Notes Below) James Brawner Constable Precinct 4 Under the authority and by virtue of an Order of Sale dated and issued pursuant to the judgment ofthe 239th Judicial District Court Brazoria County, Texas by the clerk of said courts as shown in the following schedule of cases, and to me directed and delivered as Constable in Brazoria County, I have on the date indicated below seized and levied upon, and will on the first Tuesday in February, the same being February 6th, 2024, at I I I Locust Angleton,Texas 77515, between the hours of 10:00 a.m. and 4:00 p.m., proceed to sell for cash to the highest bidder all ofthe right, title and interest ofthe defendant(s) in the real property as described below in order to satisfy said judgment, interest, penalties, costs, and further costs of executing this writ. Whereas on the 1 lth day of May, 2023 , Steeling Lakes Property Owners Association, , recovered ajudgrnent in the 239th Judicial District Court of Brazoria County, Texas against, Grybrielle Lassiter for the sum of Three Thousand One Hundred Fifty Seven Dollars and Twenty Eight Cents ($3,157.28) as the total amount due on the assessment account ofthe Property that is secured by the Plaintiffs lien on the Property as of the date the Agreed Judgment was filed; its reasonable attorney's fees in the amount of Three thousand Forty Two Dollars and No Cents (3,042.00); An Order of Sale shall issue to any sheriff or any constable within the State of Texas, directing the sheriff or constable to seize and sell the Property the same as under execution, in satisfaction of this Agreed Final judgment subject to any superior liens provided for in the Restrictions or at law, if any; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to take the money or any balance thereof remaining unpaid, out of any other property ofthe Defendant, as in the case of ordinary executions. if any surplus remains after the payment ofthe suns adjudged to be due, it shall be paid to Defendant, Grybrielle Lassiter; because it became necessary for the Plaintiff to obtain a writ of execution and/or an order of sale and have the Property posted for a constable's sale or sheriffs sale in order to collect the amounts awarded in this Agreed Final Judgment, Grybrielle Lassiter shall pay to Sterling Lakes Property Owners Association additional attorney fees and costs in the amount of one thousand eight hundred and 00/I00dollars ($1,800.00); costs of court in the amount of $368.35, process server fees in the amount of 132.50, and post judgment interest at the rate of 7.50% per annum on all amount awarded in thisjudgment, including attorney fees, from the date this judgment is signed until fully paid; and, whereas, the said judgment is a foreclosure of a Property lien on the following described property, to -wit: Any properties sold shall be subject to the right of redemption of the defendants or any person having an interest therein, to redeem the property or their interest therein if allowed, within the time and in the manner provided by law. ALL SALES SHALL BE BY Constable'S DEED AND ARE WITHOUT WARRANTY AS TO TITLE OR CONDITION, EXPRESS OR IMPLIED, AS EVIDENCED BY Constable'S DEED. Sale # Cause Number Court Judgment Date Order Issue Date Levy Date Other Account # 122234-CV** 239th Judicial District 5/11/2023 12/1/2023 January 3rd, Court 2024 Plaintiff: Sterling Lakes Property Owners Association, VS VS Defendant: , Grybrielle Lassiter Property Description: Lot 21 block 2 Sterlim Lakes West Sec 2 a subdivision iri Brazoria County Texas according to the map or plat recorded in plat no 2016052704 official records Brazoria County. Texas more cormnonly known as 1623 Yellowstone Drive, Iowa colony, Texas 77583 For More Information, Contact: Roberts Markel Weinberg Butler Hailey PC, Phone: 7137804135 The Minimum Bid Is All Costs Of Suit And Sale, SALE TO BE HELD 1N®.� \i(� yt) `A �Be dayof February, 2024 :0�. '� �a 6th Between the hours of 10:00 AM and 4:00 PM Published In The Pearland Reportws I I Locust Angleton,Texas 77515 Terms: Cash, or Cashier's Check. Additional Terms., (Real Property being Sold at the Direction of the Plaintiffs Attorney) (Prospective Bidders or Purchaser's Responsibility to Research or Consult with an Attorney) (Made Subject to right of redemption (if any) in accordance to law) (Constable's Commission due upon final Bid amount) LEGALS Published January 17, 24, & 31 LEGALS James Brawner, Constable Brazoria County Precinct 4 121 North loth Street West Cohmibia , Texas 77486 (979) 345-2115 By: - Jon Ball al r, Chief Deputy # LEGALS Notice Of Constable Sale Order of Sale Cause Number 120445-CV ** (See Notes Below) James Brawner Constable Precinct 4 LEGALS Under the authority and by virtue of an Order of Sale dated and issued pursuant to the judgment ofthe 149th Judicial District Court Brazoria County, Texas by the clerk of said courts as shown in the following schedule of cases, and to me directed and delivered as Constable in Brazoria County, Texas, I have on the date indicated below seized and levied upon, and will on the first Tuesday in February, the same being February 6th, 2024, at I 1 I Locust Angleton,Texas 77515, between the hours of 10:00 a.m. and 4:00 p.m., proceed to sell for cash to the highest bidder all ofthe right, title and interest ofthe defendant(s) in the real property as described below in order to satisfy said judgment, interest, penalties, costs, and further costs of executing this writ. Whereas on the 13th day of March, 2023 , Sierra Vista at Canyon Gate Property Owners Association, , recovered a judgment in the 149th Judicial District Court of Brazoria County, Texas against, Rocky Aviles for the sum of Five Thousand eighty Two dollars and Fifty Six Cents ($5,082.56) as the total amount due on the assessment account ofthe Property that is secured by the Plaintiffs lien on the Property as ofthe date the Motion for Default was filed; reasonable attorney's fees in the amount of Two thousand Eight Hundred Fifteen dollars and Fifty Cents ($2,815.50); an Order of Sale shall issue to any sheriff or any constable within the state of Texas, directing the sheriffor constable to seize and sell the Property the same as under execution, in satisfaction of this final Default Judgment subject to any superior liens provided for in the Restrictions or at law, if any; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to take the money or any balance thereof remaining unpaid, out of any other property of the Defendant, as in the case of ordinary executions. If any surplus remains after the payment of the sums adjudged to be due, it shall be paid to defendant, Rocky Aviles; additional attorney's fees in the amount of one thousand eight hundred and 00/100 dollars ($1,800.00) because it became necessary for Plaintiff to obtain a writ of execution and/or an order of sale and have the Property posted for a constable or sheriffs sale in order to collect the amounts awarded in this judgment; all costs of court in the amount of $369.38, process server fees in the amount of $132.50, and post judgment interest at the rate of 7.5% per annum on the total judgment, including attorney's fees awarded herein, from the date this judgment is signed until fully paid; and whereas, the said judgment is a foreclosure of a Property lien on the following described property, to -wit: Any properties sold shall be subject to the right of redemption ofthe defendants or any person having an interest therein, to redeem the property or their interest therein if allowed, within the time and in the manner provided by law. ALL SALES SHALL BE BY Constable's DEED AND ARE WITHOUT WARRANTY AS TO TITLE OR CONDITION, EXPRESS OR IMPLIED, AC rvmc.Nrr+.n RV ('m,shahlr'c DEEM. Cause Number: Court .lud meat Date Style of Case LEGAL DESCRIPTION ORDER ISSU1?, And Levy Date OTHER REFERENCED NUMBER 120445-CV Sierra Vista at Canyon Lot 7, in block 2, of Sierra Vista, Sec 1, a subdivision in Date Issued j ** Gate Property Owners Brazoria County, Texas, according to the map or plat thereof 12/2/2023 I 149th Judicial Association, recorded in document no. 201758170 of the plat records of i District Court VS Brazoria County, Texas more commonly known as 2626 Half Levy Date Judgment Date Rocky Aviles Dome Drive, Rosharon, TX 77583 ("Property"); January 2nd, 2024 i 3/13/2023 Sale # - I I - I i ror rvrore mTormarron, uonrac[: nuourLb lWarRer vveuruery Ouuer nauay r%,, rnvnc. i,oi uvV ia, The Minimum Bid Is All Costs Of Suit And Sale. SALE TO BE HELD I l j� Be 6th day of February, 2024 ��('� (� ;���� 1 � - 71 _` " �0 V Between the hours of 10:00 AM and 4:00 PM Published In The Reporter News Pearland 111 Locust Angleton,Texas 77515 Terms: Cash, or Cashier's Check Additional Terms: (Real Property being Sold at the Direction of the Plaintiffs Attorney) (Prospective Bidders or Purchaser's Responsibility to Research or Consult with an Attorney) (Made Subject to right of redemption (if any) in accordance to law) (Constable's Commission due upon final Bid amount) Wednesday, January 3, 2024 9:19 AM LEGALS LEGALS Published January 17 ORDINANCE NO.2024-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMP- TIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 74 "TAXATION," ARTICLE III "IMPACT FEES," SECTION 74-52 'IMPACT FEES FOR NEW CONSTRUCTION," SUBSECTION(D)"FEES"OF THE FRIEND- SWOOD CITY CODE,TO AMEND THE MAXIMUM IMPACT FEE PER SERVICE UNITTHATCANBE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUT- ABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;AND PROVIDING FORTHE PUBLICATION AND EFFECTIVE DATE THEREOF. James Brawner, Constable Brazoria County Precinct 4 121 North I Oth Street West Columbia, Texas 77486 (979)345-2115 Jilaker', Chief Deputy # LEGALS LEGALS Published January 17 ORDINANCE NO.2024-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIEND- SWOOD TO CHANGE THE CLASSIFICATION OF THE PROPERTY LOCATED AT 903 S. FRIENDSWOOD DRIVE, MORE PARTICULARLY DESCRIBED AS A 0.34-ACRE TRACT OF LAND BEING LOTTWO (2) OF SOUTHERN BREEZE, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLATTHEREOF, RECORDED IN VOLUME 18, PAGE 353, OFTHE MAP RE- CORDS OF GALVESTON COUNTY, TEXAS, FROM NEIGHBORHOOD COM- MERCIAL (NC) TO DOWNTOWN DISTRICT (DD); PROVIDING A MAXIMUM PENALTY OFTWOTHOUSAND AND NO/100 DOLLARS ($2,000.00); REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. NOTICETO BIDDERS CITY OF PEARLAND,TEXAS Sealed Bids will be accepted until 2:00 p.m., Thursday. February 1 2024, and read aloud into the public record at City Hall, 3519 Liberty Drive, Pearland, Texas 77581 for the following project: Brookland Acres, Garden RdIO'Day and Woody Rd Drainage Improvements City of Pearland,Texas COP PN: DR2102, DR2103 and DR2104 BID NO.:1124-03 The project will entail the construction of drainage improvements on Scott Lane from Hatfield Road to Mykawa Road, Woody Road from McHard Road to Corral Street, Garden Road from FM 518 to Hickory Slough, O'Day Road from FM 518 to Hickory Slough and Woody Road from Cherry Street to West Orange Street. The scope of the drainage improvements includes, but not limited to removing existing driveways, pipe culverts and pavement, 31,000 CY of drainage ditch ex- cavation and regrading, installation of approximately 1,474 LF of 18-inch RCP, 2,699-LF of 24-inch RCP, 585 LF of 30-inch RCP, 779 LF of 36-inch RCP, 338 LF of 36-inch EQ Arch Pipe, 454 LF of 48-inch RCP, 534 SY of gravel driveway, 1,602 SY of asphalt driveway, 1,408 SY of concrete driveway, 25 fire hydrant relocations, hydro mulch seeding, and site restoration. A Mandatory Pre -Bid Conference will be held in person at the City of Pearland Engineering and Public Works Facility located at 2016 Old Alvin Road, Pearland, Texas 77581 at 2:00 p.m. on Thursday. January 23, 2024. All bids should be submitted through the E-Bid system located on the City's website at: hops://pearland.ionwave.neULogin.aspx. All interested Bidders are advised to register as a "supplier" on the City's E-Bid System at the above web - site by clicking on "Supplier Registration" and completing a short registration questionnaire. Electronic Bid Documents, including Plans, Technical Specifica- tions and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City's E-bid System. Questions regarding electronic bidding should be directed to City Purchasing Office at ebids@pearlandtx.gov. Bid Documents are also available for review at the following plan houses: Amtek Plan Room (713) 956-0100 The Associated General Contractors of America, Inc. (713) 334-7100 Virtual Builders Exchange (832) 613-0201 McGraw Hill Construction - Dodge Reports (800) 393-6343 Bid Security, in the form of Cashier's Check, Certified Check, or Bid Bond, pay- able to the City of Pearland in the amount of 5% of the total base bid price, must accompany each Bid proposal. See Instructions to Bidders for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids. Federal Requirements: The City's funding for the PROJECT comes through the Texas General Land Office and originates from the U.S. Department of Hous- ing and Urban Development (HUD). Therefore, various federal regulations and statutory requirements are applicable to the successful offeror; including but not limited to Appendix II of 2 CFR Part 200 and HUD Uniform Administrative Re- quirements in 24 CFR 570. All federal and/or State requirements can be found in Section 00800 of the PROJECT MANUAL. Federal labor requirements can be found in Section 00811. DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 11 %. The Small Business Enterprise (SEE) goal for this project is 0%. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. HUD Section 3 Economic Opportunities: The HUD Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possi- ble, provide training, employment, contracting and other economic opportunities to low- and very low-income persons, especially recipients of government assis- tance for housing, and to businesses that provide economic opportunities to low - and very low-income persons. The City's selection will heavily consider bidders that are certified HUD Section 3 businesses. Bidders are strongly urged to seek high levels of familiarity with HUD Section 3 requirements. Selection Criteria: The Contract is to be awarded on the basis of Lowest Re- sponsible Bidder. In identifying this criteria the City will consider:1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. Frances Aguilar, TRMC, MMC City Secretary, City of Pearland First Publication date January 17, 2024 Second Publication date January 24, 2024 LEGALS LEGALS Published January 10 & 17 LEGAL NOTICE Application has been made with the Texas Alcoholic Beverage Commission for a Wine & Malt Beverage Retailer's On -Premise Permit by Houston Hub Inc, to be located at 14807 Wagon Trail Rd, Pearland, Brazoria County, Texas. Officer of said corporation, Nina DeLaCruz, is President. LEGALS LEGALS -uousnea January Iu & it Counseling Connections for Change, Inc. Invitation to Bid 2023 Facility Rehabilitation Project Invitation to Bid Counseling Connections for Change, Inc. is accepting bids from General Con- tractors to complete the scope of work defined in this Invitation To Bid (ITB). Federal Funding Funding for this project is being provided by the City of Pearland's Community Development Block Grant (CDBG) funds from the U.S. Department of Housing & Urban Development (HUD). The successful offeror must be registered in the System for Award Management (SAM.gov) system and cannot be debarred and/ or suspended from doing business with the federal government. Instructions for Submission Invitation to Bid forms, specifications and all necessary information may be ob- tained from Counseling Connections for Change, Incas website: https://counsel- ingconnections.org. The lowest, responsible - bid will be awarded the contract. Submissions should be sent to dawn@counselingconnections.org, or mailed to 2549 Roy road, Pearland, TX 77581, no later than 2:00 P.M., CST, Thursday, February 22, 2024. Pre -bid Site Visits Prior to submission of bids, interested parties are encouraged to visit the facility for the purpose of obtaining a visual overview of the applicable facility and to gain insight into the prospective scope of work. The tentative options for participating in on -site inspections of the facility include: January 22, 2024 8:00 a.m. -10:00 a.m. Optional Site Visit January 26, 2024 3:00 p.m. - 5:00 p.m. Optional Site Visit Anticipated Bid Submission Deadline and ITB Public Opening: 2:00 P.M., CST, Thursday, February 22, 2024. All bids submitted electronically and in paper form will remain confidential until the opening date and time when they will be publicly unsealed, and names of offerers read aloud at 2549 Roy Road, Pearland, TX 77581. First publication: January 10, 2024 Second Publication: January 17, 2024 VISIT US ONLINE AT WWW.MYREPORTERNEWS.COM