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Ord. 1550 2017-11-13 ORDINANCE NO. 1550 An ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (Area I, approximately 338 acres of land generally located north of Southbelt Industrial Drive, west of Almeda School Road, south of Beltway 8, and east of FM 521); approving a service plan for all of the area within such limits and boundaries; containing an effective date and 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 §43.063, 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 October 9, 2017 and on October 16, 2017, in the 2nd Floor Training Room, Public Safety Building, 2555 Cullen Parkway, Pearland, Texas; and WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for 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 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" and "B" attached 1 ORDINANCE NO. 1550 hereto and made a part hereof, with the exception of the properties identified in Section 3 of this Ordinance which are specifically excluded from this annexation. 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 338 acres, more or less, to be annexed into the City of Pearland, Brazoria County, Texas attached hereto as Exhibit "C" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of Pearland offered certain property owners (agriculturally exempt properties) the right to maintain their extraterritorial status and have their properties excluded from this annexation by entering into a Development Agreement; therefore the properties that are the subject of the Development Agreements attached hereto as Exhibits (none) are hereby excluded from the boundaries of this annexation. Section 4. 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 City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 5. 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. 2 ORDINANCE NO. 1550 Section 6. 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, subject to the limitations contained herein, 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 territory to be annexed as fully as if such excluded and excepted area was specifically described herein. Section 7. Effective Date. This ordinance shall become effective immediately upon its second and final reading. PASSED and APPROVED on First Reading this the 13th day of November, A. D., 2017. DERRICK REED MAYOR PRO-TEM 3 ORDINANCE NO. 1550 ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED and APPROVED on Second and Final Reading this the 27th day of November, A. D., 2017. ‘) T M REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 EXHIBIT "A" AREA I METES AND BOUNDS DESCRIPTION 338 ACRES MORE OR LESS OUT OF R.T. BLACKBURN SURVEY, ABSTRACT 160 S.G. HAYNIE SURVEY, ABSTRACT 362 HARRIS COUNTY, TEXAS The herein described 338 acres of land, more or less being generally located in the following surveys and abstracts, R.T. Blackburn Survey, Abstract 160 and S.G. Haynie Survey, Abstract 362, Harris County, Texas; the NORTH line being along the south right-of-way line of Beltway 8; the EAST line being along the east right-of-way line of Akneda School Road and the west line of City of Pearland Ordinances 1033 and 1214; the SOUTH line being along the north line of City of Pearland Ordinance 882; the WESTERLY line being partially along the easterly right-of- way line of F.M. 521 (Almeda Road) and the easterly Union Pacific Railroad right-of-way line; All that certain 338 acres of land, more or less, to be annexed into the City of Pearland and being out of Orchard Ridge Addition To Almeda according to the plat thereof as filed in Volume 64, Page 07 Harris County Deed Records and being out of Akneda Orange Grove according to the plat thereof as filed in Volume 02, Page 62 Harris County Map Records and being all of GSL Plat No. 2005 according to the plat thereof as filed in Film. Code Number 595228 Harris County Map. Records being all of Orchard Ridge Addition Minor Plat Amending Plat No 1 according to the plat thereof as filed in Film Code Number 653145 Harris County Map Records and being all of Sterling Industrial Park according to the plat thereof as filed in Film Code Number 678271 Harris County Map Records and being all of Southbek Industrial Park Section 2 according to the plat thereof as filed in Film Code Number 445010 Harris County Map Records and being all of Fluid Sealing Minor Plat according to the plat thereof as filed in Film Code Number 660059 Harris County Map Records and being out of the above referenced Abstracts, Harris County, Texas and being more particularly described by metes and bounds as follows; Beginning at a point marking the north end of a cut-back corner located at the intersection of the south right-of-way line of Beltway 8 and the east right-of-way line of Almeda School Road and marking the most northerly northwest corner of City of Pearland Ordinance 1033; 1. Thence Southwesterly — 35', more or less, with said cut-back and the west line of City of Pearland Ordinance 1033 to a point for corner; 2. Thence Southerly with the west line of City of Pearland Ordinance 1033 and the east right- of-way line of Almeda School Road passing at a distance of 1,521', more or less, a point marking the common southwest corner of City of Pearland Ordinance 1033 and the northwest corner of City of Pearland Ordinance 1214 and continuing for a total distance of 4,704', more or less, with the east right-of-way line of Almeda School Road and the west line of City of Pearland Ordinance 1214 to a point marking the southwest corner of City of Pearland Ordinance 1214; 11-421-161-AREAI-M&B 1 Page 4 of 17 3. Thence Southwesterly — 66', more or less, with the centerline of Clear Creek, also being the northerly line of City of Pearland Ordinance No. 31 to a point marking the southeast corner of City of Pearland Ordinance 882; 4. Thence Northerly — 558', more or less, with the common east line of City of Pearland Ordinance 882 and the west right-of-way line of Alneda School Road to a point marking the northeast corner of City of Pearland Ordinance 882; 5. Thence Westerly — 3,937', more or less, with the north line of City of Pearland Ordinance 882 and with the common south line of RT. Blackburn Survey, Abstract 160 and the north line of S.G. Haynie Survey, Abstract 362 and the south line of said Southbek Industrial Park Section 2 and the south line said Orchard Ridge Addition To Almeda to a point marking the southwest corner of that certain called 21.394 acre tract as described in a deed dated 12-15- 2004 from Hard Rock Road Properties, L.P. to Southbelt Industrial Park, L.L.C. as filed in the Official Records of Real Property of Harris County at Clerk's File Number 20110457028 and Film Code Number 027-62-2087; 6. Thence Northerly — 412', more or less, with the west line of said 21.394 acre tract to a point for corner marking the common northwest corner of said 21.394 acre tract and the southwest corner of that certain 6.1824 acre tract as described in a deed dated 11-12-2001 from Southbelt Industrial Park, L.L.C. to RC/GM Ltd. as filed in the Official Records of Real Property of Harris County at Clerk's File Number V428907 and Film Code Number 545-98- 0078 ; Thence the following (4) courses with the easterly right-of-way line of F.M. 521 (Almeda Road) and the westerly line of said certain 6.1824 acre tract; 7. Thence Northeasterly — 78', more or less, to a point marking a point on a curve to the left having a radius of 733.3' and a central angle of 22° 08'; 8. Thence Northerly with said curve an arc distance 283', more or less, to a point for corner; 9. Thence Northeasterly — 193', more or less, to a point marking a point on a curve to the left having a radius of 253.2' and a central angle of 77° 20'; 10. Thence Northwesterly with said curve an arc distance 342', more or less, to a point marking a point on a curve to the left having a radius of 250.0' and a central angle of 23° 28'; 11. Thence Northwesterly with said curve and continuing with the easterly right-of-way line of F.M. 521 (Almeda Road) an arc distance 102', more or less, to a point for corner located on the easterly Union Pacific Railroad right-of-way line; 12. Thence Northerly — 2,824', more or less, with the easterly Union Pacific Railroad right-of- line to a point marking the northwest corner of that certain tract as described in a deed dated 01-05-2001 from David Lavon Hunt, et al to Hunt & Hunt, Ltd. as filed in the Official Records of Real Property of Harris County at Clerk's File Number U891133 and Film Code Number 537-58-0873 and marking the intersection of the easterly Union Pacific Railroad right-of-way line and the south right-of-way line of White Road; 11-421-161-AREAI-M&B 2 Page 5 of 17 13. Thence Easterly — 27', more or less, with the south right-of-way line of White Road to a point for corner; 14. Thence Northerly — 112', more or less, partially with the west line of that certain called 3.8134 acre tract as described in a deed dated 01-05-2001 from David Lavon Hunt, et al. to Hunt & Hunt, Ltd. as filed in the Official Records of Real Property of Harris County at Clerk's File Number U891131 and Film Code Number 537-58-0863 to a point marking the most westerly northwest corner of said 3.8134 acre tract; 15. Thence Northeasterly — 333', more or less, with the northerly line of said 3.8134 acre tract to a point for corner located on the south right-of-way line of Beltway 8; 16. Thence Easterly — 2,572', more or less, with the south right-of-way line of Beltway 8 to the POINT OF BEGINNING and containing 338 acres of land more or less. `This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not be used to convey or establish interest in real property except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis &Company Firm No. 10082000 Job Number: 11-421-161-AREA I-M&B.doc 10-17-2017 11-421-161-AREAI-M&B 3 Page 6 of 17 • `at. 1 ' I' 4. l7 y 1f 1, •1'f ;. t . , i L• X13 I 1 , - t�`- .�� Kt'.e- ',',V - 1t ' ,i iRCI. t {y _ . r i p irl'!- ,• C'1 13' I, •• i tt 1� 1 ir • sates =*- °.•-•. • Atr f I t'1 t; :' ' itiflifigir t;i. ''ti 61.111111111 s,, 4- . ;N .-- a I l �►1 r F ---- b�f3 •`]Saar/ -: iI, -:p iil 1r�i! 0 ,∎. _ , y�N::l3nitgiatf rcl z f NEN IVES �g , v t_ , ii 1 i ..- — :. . �n°r molt . -! _ fit ...„ ' mo • # .A Iiiiii • •• b b o 00 rn y �.. 111 _ -J_x.03 - I ,. z...., 0 S a 9 1 r . 6 A "P 1 w I ,-r i I 1 . it,- I _ r ?a' .- L ^', ! ..Z ' . -Y -T .. r..- r .• •- _ .. rr•fV I . 111.3: 1 a f- Exhibit C — Service Plan CITY OF PEARLAND, TEXAS SERVICE PLAN FOR AREA I — 338 acres located generally around Southbelt Industrial Drive, west of Almeda School Road, south of Beltway 8, and east of FM 521. I. 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 338 acres in Harris County, Texas. The Tract is described by metes and bounds in "Exhibit A", and by map in "Exhibit B" which are attached to this Plan and to the annexation ordinance of which this Plan is a part. 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. 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 Page 1 of 5 Page 8 of 17 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 Fire Department (PFD) under an agreement with the county. PFD has Firefighters that are EMS trained and certified, and will continue to provide emergency medical service, including ambulance transportation services, 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 the 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. 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 Page 2 of 5 Page 9 of 17 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, grocers and Animal Services related matters. 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. 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. Page 3of5 Page 10 of 17 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. 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 Page 4 of 5 Page 11 of 17 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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