City of Pearland, TX
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Voluntary Annexation Procedure
City of Pearland - Voluntary Annexation Procedure
Petitioning for incorporation into the Pearland City Limits can be a valuable opportunity for the landowner of property located just outside the City's corporate boundaries.
The City provides best-in-class fire protection and emergency medical services, parks and recreational facilities, and is an award-winning enterprise when it comes to managing public taxpayer dollars. Growth and development opportunities abound in Pearland, and the incorporated property owner generally benefits from a lower cost of public utilities and may even experience increases in property value.
State law provides the required process for annexation of an area on request of owners; specifically, Chapter 43, Subchapter C – 3, which is the section of the Texas’ statute governing voluntary annexations in Pearland as a “Tier 2 Municipality.” The entire law regarding municipal annexation in Texas can be found HERE.
The steps below outline the process for incorporating property located in the Pearland extraterritorial jurisdiction into the City limits. Click HERE to use the City’s standard Petition for Voluntary Annexation to begin the process.
| Action Step | Action Item | Statutory Time Frame | Responsible Party | ||
| 1 | Petitioner requests incorporation into the City limits in writing to the City. | The property owner shall provide, in writing, a request to be annexed into the City, and provide a detailed "metes and bounds" legal description of the property or properties to be incorporated as an attachment to the request. This request should be directed to the attention of the City Manager. | Property Owner | ||
| 2 | City Staff Requests Council Concurrence with the request for incorporation into the City limits. | 30 Days or 1st Next Regular Council Meeting, whichever is later. | City Staff | ||
| 3 | Development of a Service Agreement with the Petitioner |
A Service Agreement outlining the status and conditions of public services available and agreeable to the parties must be created, which would be adopted upon Council approval of the annexation at the Second Reading of the Annexation Ordinance. Note: A draft may be developed and included in the staff request for Council concurrence with the request for annexation, for information purposes. If the property is the subject of a Development Agreement with the City that was put into effect in conjunction with a prior annexation of land, the Service Plan applicable to that annexation goes into effect for the property previously the subject of a Development Agreement and no Service Agreement is needed. |
City Staff and Property Owner | ||
| 4 | Notice for 1st of two required Public Hearings must be posted in the newspaper of general circulation in the City. | Must be published on or after the 20th day but before the 10th day of the date of the hearing (43.0673 d). | City Staff | ||
| 5 | Internet Posting of 1st Public Hearing. | Must be posted on City's internet website on or after the 20th day but before the 10th day of the date of the hearing and must remain posted until the First Public Hearing is conducted (43.0673 d). | City Staff | ||
| 6 | Certified Mail Notice to Public School District in accordance with 43.905. | Notice must be sent on or after the 20th day but before the 10th day of the date of the 1st Public Hearing. NOTE: Additional provisions apply where the content of this notice is concerned, and 43.905 MUST be reviewed carefully to ensure the notice includes the proper detailed information. | City Staff | ||
| 7 | Certified Mail Notice to Public Entities in accordance with 43.9051. | Notice must be sent on or after the 20th day but before the 10th day of the date of the 1st Public Hearing. NOTE: Additional provisions apply where the content of this notice is concerned, and 43.9051 MUST be reviewed carefully to ensure the notice includes the proper detailed information. | City Staff | ||
| 8 | First Public Hearing (43.0673 a) | Note: 1st and 2nd public hearings MUST be AT LEAST 10 business days apart (43.0673 b), and held between 20 and 10 days following the required posted notice of First Public Hearing (43.0673 d). | City Council, City Staff with Property Owner Present | ||
| 9 | Notice for 2nd Public Hearing: Newspaper of general circulation in the City. | Must be published on or after the 20th day but before the 10th day of the date of the 2nd Public Hearing (43.0673 d). | City Staff | ||
| 10 | Internet Posting of 2nd Public Hearing; posted on City's internet website | Must be posted on or after the 20th day but before the 10th day of the date of the hearing and must remain posted until the 2nd Public Hearing is conducted (43.0673 d). | City Staff | ||
| 11 | Second Public Hearing (43.0673 a) | Note: 1st and 2nd public hearings MUST be AT LEAST 10 business days apart (43.0673 b), and held between 20 and 10 days following the required posted notice of Second Public Hearing (43.0673 d). | City Council, City Staff with Property Owner Present | ||
| 12 | First Reading of the Annexation Ordinance | Must be held at a Regular Meeting of Council (Second Public Hearing MUST precede the First Reading of the Annexation Ordinance if held during the same public meeting). | City Council, City Staff with Property Owner Present | ||
| 13 | Second Reading of the Annexation Ordinance (43.064 a) | Must be held at a separate Regular Meeting of Council, following the First Reading of the Annexation Ordinance. | City Council, City Staff with Property Owner Present |