Ord. 1540 2017-07-24 ORDINANCE NO. 1540
An Ordinance of the City Council of the City of Pearland, Texas,
extending the city limits of the City of Pearland, Texas, to include all
land area within certain limits and boundaries and annexing to the
City of Pearland all of the area within such limits and boundaries
(generally located approximately 2900 feet east of FM 1128 at the
southwest corner of CR100 and Harkey Road); approving a service
plan for all of the area within such limits and boundaries; containing
other provisions related to the subject; and providing a savings and
severability clause.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local Govt.
Code, conducted two (2) public hearings regarding the City's intended annexation of
certain territory located contiguous to the City and within the City's extraterritorial
jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on June 12,
2017 and on June 19, 2017, at the Pearland City Hall, 3519 Liberty Drive, Pearland,
Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the
annexation of territory, including the preparation of a plan for extension of municipal
services into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state
law regarding newly annexed areas, including timely provision of municipal services as
required by law; and
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ORDINANCE NO. 1540
WHEREAS, the City Council finds and determines that the annexation intended
by this Ordinance is in the best interests of the City of Pearland and benefits the health,
safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas, are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in the
City of Pearland, Texas, Service Plan for approximately 212.004 acres, more or less, to
be annexed into the City of Pearland, Brazoria County, Texas attached hereto as
Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is
hereby approved.
Section 3. The City Council officially finds, determines, recites and declares
that sufficient written notices of the date, hour, place and subject matter of the meetings
of the City Council at which this Ordinance was considered were posted at a place
convenient to the public at the City Hall of the City of Pearland for the time required by
law preceding said meetings, as required by law; and that said meetings have been
open to the public, as required by law, at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The
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ORDINANCE NO. 1540
City Council further ratifies, approves and confirms such written notices and the
contents and posting thereof.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as
to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the
same shall be and remain in full force and effect; and should this Ordinance for any
reason be ineffective as to any part of the area hereby annexed to the City of Pearland,
such ineffectiveness of this Ordinance as to any such part or parts of any such areas
shall not affect the effectiveness of the Ordinance as to all of the remainder of such
area, and the City Council hereby declares it to be its purpose to annex to the City of
Pearland every part of the area described in Exhibit "A", attached hereto, regardless of
whether any other part of such described area is hereby effectively annexed to the City.
Provided, further, that if there is included in the general description of territory set out in
Exhibit "A", attached hereto, any land or area which is already a part of and included
within the general limits of the City of Pearland, or which is presently part of and
included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the
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ORDINANCE NO. 1540
territory to be annexed as fully as if such excluded and excepted area was specifically
described herein.
PASSED and APPROVED on First Reading this the 10th day of July, A. D., 2017.
TOM REID
MAYOR
ATTEST:
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PASSED and APPROVED on Second and Final Reading this the 24th day of
July, A. D., 2017.
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TOM REID
MAYOR
ATTEST:
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ITY SE RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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4
Ordinance No. 1540
Exhibit 1 page 1 of 4 pages Exhibit "A"
County: Brazoria
•
Project: Massey Ranch
M.S.G.No.: 161091
Job Number: 3084Alta
FIELD NOTES FOR 212.004 ACRES
Being a tract of land containing 212.174 acres (9,242,293 square feet), located within the
H. Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 212.174 acre tract
being a portion of a called 138.83 acre tract recorded in the name of Margurite Massey
Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File Number
(B.C.C.F.No.) 2010013347, all of a called 5.00 acre tract of land recorded in the name of
William Stephen Summers and wife, Lois Winifrede Smith Summers in Volume (V.)
1318, Page 9 (P.) 700 of the Brazoria County Deed Records (B.C.D.R.), all of a called
5.00 acre tract of land recorded in the name of Lois Winifrede Summers in V. 1775, P.
250 of the B.C.D.R., a portion of a called 5.00 acre tract of land recorded in the name of
Lois Winifrede Summers in V. 1775, P. 248 of the B.C.D.R., all of a called 10.55 acre
tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052681,
a portion of a called 4.45 acre tract of land recorded in the name of Lois Smith Summers
in B.C.C.F. No. 2013052682, and all of a called 45.00 acre tract of land recorded in the
name of Lois Smith Summers in B.C.C.F.No. 2013052682; Said 212.174 acre tract being
more particularly described by metes and bounds as follows (Bearings are based on the
Texas Coordinate System of 1983, South Central Zone per GPS observations):
Beginning at a 1-inch ion pipe found at the northwest corner of a called 151.44 acre tract
recorded in the name of C.W. Way in Volume 272, Page 103 of the Brazoria County
Deed Records, same being on the east line of a Lot 44 of the Allison-Richey Gulf Coast
Home Co. Part of Suburban Gardens, a subdivision plat of record in Volume 2, Page 89
of the Brazoria County Plat Records (B.C.P.R.), said Lot 44, recorded in the name of
Plains Exploration & Production Company, L.P. in B.C.C.F. No. 027033007, for the
southwest corner of said 138.83 acre tract and the herein described tract;
Thence, with the east line of Lots 44 thru 42 all recorded in said B.C.C.F. No. 02-03307,
the east line of Lots 41 and 40 being recorded in the name of Jimmy Brown in B.C.C.F.
No. 1998020191, the east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the
east line of Lot 38 recorded in the name of Danny 0. Waldon in B.C.C.F. No. 96-
0254867, the east line of Lot 37 recorded in the name of International Victory Christian
Church in B.C.C.F. No. 2015007219, same being the west line of said 138.83 acre tract,
North 02 degrees 36 minutes 15 seconds West, at a distance of 2905.73 feet pass a found
railroad spike at the northeast corner of said Lot 39,and at a distance of 3862.37 feet pass
a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the occupied south
Right-Of-Way (R.O.W.) line of McKeever Road (County Road 100 width varies,
monumented at 62.7 feet, north 20 feet per Volume 2, Page 89, B.C.P.R.), and continue
in all a total distance of 3897.23 feet to a "P-K" nail set in asphalt pavement for the
northwest corner of said 138.83 acre tract and the herein described tract;
Exhibit 1 page 2 of.4 pages
Thence, with the north line of said 138.83 acre tract, said 10.55 acre tract, said 5.00 acre
tract (V. 1775, P. 248) and said 4.45 acre tract, North 87 degrees 21 minutes 45 seconds
East, a distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at the northeast
corner of said 4.45 acre tract,for the northeast corner of the herein described tract;
Thence,with the east line of said 4.45 acre tract, South 02 degrees 36 minutes 15 seconds
East, at a distance of 32.55 feet pass a 5/8-inch iron rod with a Miller Survey Group
(MSG) cap set on the occupied south R.O.W. line of said McKeever Road, at a distance
of 41.87 feet pass a 5/8-inch iron rod found, and continue in all a total distance of 246.27
feet to a 5/8-inch iron rod with a cap found on the northeast line of a called 1.1852 acre
tract of land recorded in the name of the City of Pearland, Texas in B.C.C.F. No.
2011044376, from which a 5/8-inch iron rod with a CL Davis cap found bears South 51
degrees 41 minutes 48 seconds East, a distance of 12.55 feet;
Thence,with the lines of said 1.1852 acre tract,the following four(4)courses:
1. North 51 degrees 41 minutes 48 seconds West, a distance of 262.16 feet to a 5/8-
inch iron rod with a cap found at an.angle point;
2. South 87 degrees 18 minutes 40 seconds West, a distance of 49.92 feet to a 5/8-
inch iron'rod with a cap found at an angle point;
3. South 38 degrees 18 minutes 12 seconds West, a distance of 107.26 feet to a 5/8-
inch iron rod with a cap found at an angle point;
4. South 51 degrees 41 minutes 48 seconds East, a distance of 421.14 feet to a 5/8-
inch iron rod with a cap found on the east line of said 4.45 acre tract, from which
a 5/8-inch iron rod with a CL Davis cap found bears South 51 degrees 41 minutes
48 seconds East,a distance of 12.84 feet;
Thence,with the east line of said 4.45 acre tract and the east line of said 138.83 acre tract,
South 02 degrees 36 minutes 15 seconds East, a distance of 3465.72 feet to a 5/8-inch
iron rod found at the northeast corner of said 151.44 acre tract,for the southeast corner of
said 138.83 acre tract and the herein described tract;
Thence,with the line north line of said 151.44 acre tract and the south line of said 138.83
acre tract and said 45.00 acre tract, South 87 degrees 21 minutes 45 seconds West, a
distance of 2384.30 feet to the Point of Beginning and containing 212.174 acre of land.
Save and except the following 0.1697 acre tract:
Exhibit 1 page 3 of 4 pages
Being a tract of land containing 0.1697 acres (7,394 square feet), located in the H.
Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 0.1697 acre tract being all
of a called 0.1319 acre tract of land recorded in the name of the City of Pearland, Texas
in B.C.C.F. No. 201104437.6 and all of a called 0.0378 acre tract of land recorded in the
name of the City of Pearland, Texas in B.C.C.F. No. 2011044379; Said 0.1697 acre tract
being more particularly described by metes and bounds as follows (Bearings are based on
the Texas Coordinate System of 1983, South Central Zone per GPS observations):
Commencing at a 5/8-inch iron rod found at the northeasterly corner of a called 1.1852
acre tract recorded in the name of the City of Pearland, Texas in B.C.C.F. No.
2011044376;
Thence, through and across a called 4.45 acre tract recorded in the name of Lois Smith
Summers in B.C.C.F. No. 2013052682,North 51 degrees 41 minutes 48 seconds West, a
distance of 18.29 feet to a 5/8-inch iron rod with a MSG cap set at the southeast corner of
said 0.1319 acre tract for the southeast corner of and Point of Beginning of the herein
described tract;
Thence, with the south line of said 0.1319 acre tract and 0.0378 acre tract, South 87
degrees 18 minutes 47 seconds West, a distance of 263.76 feet to a 5/8-inch iron rod
found at the southwest corner of said 0.0378 acre tract, for the southwest corner of the
herein described tract;
Thence, with the west line of said 0.0378 acre tract, North 02 degrees 41 minutes 13
seconds West, a distance of 30.00 feet to a 5/8-inch iron rod with a MSG cap set at the
northwest corner of said 0.0378 acre tract, for the northwest corner of the herein
described tract;
Thence, with the north line of said 0.0378 acre tract and 0.1319 acre tract, North 87
degrees 18 minutes 47 seconds East, a distance of 229.23 feet to a 5/8-inch iron rod with
a MSG cap set at the northeast corner of said 0.1319 acre tract,for the northeast corner of
the herein described tract;
Thence, with the easterly line of said 0.1319 acre tract, South 51 degrees 41 minutes 48
11 seconds East, a distance of 45.74 feet to the Point of Beginning and containing 0.1697
acres of land.
Acreage Summary:
Overall acreage: 212.174 acres
Save and except: 0.1697 acres
Net acreage: 212.004 acres
Exhibit 1 page 4 of 4 pages
This description was prepared in conjunction and accompanies an ALTA Survey
with a MSG job number of 3084Alta.
Brian E. Wilson,R.P.L.S. Q
Texas Registration No. 5745 �� E.V
"O 5745
C9/yOFESSIO`��OQ'
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Miller Survey Group
www.millersurvey.com
Texas Firm Reg. 10047100
Ph: (713)413-1900
March 2016
M&B No. 161091
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Exhibit 2
SERVICE PLAN FOR MASSEY OAKS —
Being a tract of land containing 212.174 acres (9,242,293 square feet), located within the H.
Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 212.174 acre tract being a
portion of a called 138.83 acre tract recorded in the name of Margurite Massey Smith Charitable
Remainder Trust U.A. in Brazoria County Clerk's File Number (B.C.C.F. No.) 2010013347, all of
a called 5.00 acre tract of land recorded in the name of William Stephen Summers and wife,
Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.) 700 of the Brazoria County
Deed Records (B.C.D.R.), all of a called 5.00 acre tract recorded in the name of Lois Winifrede
Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called 5.00 acre tract of land
recorded in the name of Lois Winifrede Summers in V. 1775, P. 248 of the B.C.D.R., all of a
called 10.55 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F., No.
2013052681. A portion of a called 4.45 acre tract of land recorded in the name of Lois Smith
Summers in B.C.C.F. No. 2013052682, and all of a called 45.00 acre tract of land recorded in
the name of Lois Smith Summers in B.C.C.F. No. 2013052682
INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code ('the Act"). This Plan relates to the annexation by the City of
land located adjacent to the city limits and encompassing approximately 212.174acres in
Brazoria County, Texas.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code, Chapter 43, described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance currently provided and available in other
parts of the municipality with topography, land use, and population density similar to the
Tract. However, it is not the intent of this Plan to require that a uniform level of services
be provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
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Page 1 of 5
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service 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. The policies and procedures may require that a specific
type of request be made, such as an application or a petition. They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area.
c. Emergency Medical Service: Currently, the tract is service by the Pearland
Emergency Medical Service (EMS) under an agreement with the county.
Pearland Emergency Medical Service (EMS) will continue to provide
emergency medical service to the Tract.
d. Solid Waste and Recycle Collection: Service will be provided to eligible
property by private contractor, under contract with the City. To be eligible for
City solid waste and recycled collection service, property must have frontage
on a public street or other approved location and place solid waste in
containers approved for the specific type of occupancy. Any person currently
being serviced by a privately owned solid waste or recycling management
service provider may continue to use that service for two years after the
effective date of the annexation. Those who receive services from city's solid
waste and recycling collection contractor will be billed for the service, in
accordance with the contract between the city and the solid waste contractor.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City.
Page 2 of 5
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f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets (including county roads), and lighting and traffic
control devices, if any, will be operated and maintained by the City, subject to
the jurisdiction of other governmental entities. State highways and farm-to-
market roads remain the primary responsibility of the Texas Department of
Transportation, for instance. Existing roadside drainage ditches not
maintained under the jurisdiction of another entity (such as Texas
Department of Transportation) will be operated and maintained by the City.
g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parks, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
homeowner's associations (HOAs)will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service: Existing publicly owned or operated facilities, buildings, or services,
if any, will be operated and maintained by the City or by private contractor
under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which
are necessary, are indicated below. Access to the improvements will be in accordance
with Standard Policies and Procedures. The improvements shall be completed as soon
as reasonably possible and shall be substantially completed within the time period
indicated below.
Page 3 of 5
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Impact fees also will be assessed at the time of future connections
to the City's utility system or upon issuance of building permits for lots developed
within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
Construction of facilities to collect and transmit wastewater to treatment plants will
occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
The city will make potable water capacity available from existing or future sources
built and operated by the City available to the Tract. The City currently operates
its own ground water wells and purchases wholesale surface water via contract
from third parties. Construction of facilities to collect and transmit water to the
tract will occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
6. Roads and Streets (including lighting): Additional roads, streets, or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
Page 4 of 5
7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly-Owned Facilities, Building or Services: All other City functions and
services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new, revised, or expanded facilities,
buildings, or services.
II. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will
constitute amendments to this Plan and the City reserves the right to make such changes. This
Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and
laws of the federal governments of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers having jurisdiction.
III. FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or
oral.
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