Ord. 1551 2017-11-13ORDINANCE NO. 1551
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 L,
approximately 983 acres of land generally located northeast of SH35,
between Dixie Farm Road and County Road 129); 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
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ORDINANCE NO. 1551
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 983 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
Agreement attached hereto as Exhibit "D" and "E" is 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.
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ORDINANCE NO. 1551
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 November 13th day of November, A.
D., 2017.
)9011-1 /,
TOM REID
MAYOR
3
ORDINANCE NO. 1551
ATTEST:
UNG ' INGGTR
CITY S RETARY
rRLA4
PASSED and APPROVED on Second and Final Reading this the 27th day of November,
A. D., 2017.
ATTEST:
Y�,l'JNG FING,
CITY SE RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
EXHIBIT "A"
AREA L
METES AND BOUNDS DESCRIPTION
983 ACRES MORE OR LESS OUT OF
PERRY & AUSTIN SURVEY, ABSTRACT 111
W.H. SYNDER SURVEY, ABSTRACT 370
A.C.H. RR. CO. SURVEY, ABSTRACT 416
H.T. & B. RR. CO. SURVEY, ABSTRACT 292
GEO. C. SMITH SURVEY, ABSTRACT 551
BRAZORIA COUNTY, TEXAS
The herein described 983 acres of land, more or less being generally located in the following
surveys and abstracts, Perry & Austin Survey, Abstract 111, W.H. Synder Survey, Abstract 370,
A.C.H. RR. Co. Survey, Abstract 416, H.T. & B. RR. Co. Survey, Abstract 292 and Geo. C.
Smith Survey, Abstract 551, Brazoria County, Texas; the NORTHWEST line being the southeast
line of Lot 176, Zychlinski Subdivision of Section 28 according to the plat thereof as filed in
Volume 29, Page 09 Brazoria County Deed Records, the southeast line of George W. Jenkins
Subdivision according to the plat thereof as filed in Volume 79, Page 616 Brazoria County Deed
Records and the southeast line of City of Pearland Ordinance No. 463; the NORTHEAST line
being along the southwest right-of-way line of County Road 127 and the southwest line of W.H.
Snyder Survey, Abstract 370; the SOUTHEAST line being along the northwest right-of-way line
of County Road 130 and the northwest right-of-way line of F.M. 2351; the SOUTHWEST line
being partially along the northeast line of City of Pearland Ordinance No. 755; the SOUTH line
being along the north line of 100' wide City of Pearland City Limit Strip and being the north line
of City of Pearland Ordinance No. 31;
All that certain 983 acres of land, more or less, to be annexed into the City of Pearland and being
all or portion of Lots 1, 25, 26, 27, 28, 29, 30, 45, 46, 47, 48, 49, 50, 65, 66, 67, 68, 69 and 70,
West Friendswood according to the plat thereof as filed in Volume 01, Page 96 Brazoria County
Plat Records and being all or portion of Lots 31, 38, 39, 40, 45, 46, 47 and 48, Section 29 all
being out of Allison -Richey Gulf Coast Home Co. Subdivision according to the plat thereof filed
in Volume 02, Page 101 Brazoria County Plat Records and being all or portion of Lots 177, 188
and 189 of said Zychlinski Subdivision of Section 28 and being all of Airpark Estates Section 1
according to the plat thereof filed in Document Number 201609888 Brazoria County Plat
Records and being all of Minor Plat of Bus Barn according to the plat thereof filed in Document
Number 2017043490 Brazoria County Plat Records and being all of Minor Plat of Sandwinds
according to the plat thereof filed in Document Number 2011005357 Brazoria County Plat
Records and being all of Clover Skies according to the plat thereof filed in Document Number
2011005337 Brazoria County Plat Records and being out of the above referenced Abstracts,
Brazoria County, Texas and being more particularly described by metes and bounds as follows;
Beginning at a point marking the intersection of the southwest right-of-way line of County Road
127 and the northwest right-of-way line of County Road 130;
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1. Thence Southwesterly — 3,060', more or less, with the northwest right-of-way line of County
Road 130 to a point for corner located on the southwest right-of-way line of County Road
430;
2. Thence Southeasterly — 99', more or less, with the southwest right-of-way line of County
Road 430 to a point for corner;
3. Thence Southwesterly — 554', more or less, with the southeast line of that certain tract as
described in a deed dated 06-26-1998 from Debby S. Gentry to Fredrick W. Schon as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number 98-034158
to a point for corner;
4. Thence Southeasterly — 2,498', more or less, with the common southwest line of W.H.
Synder Survey, Abstract 370 and the northeast line of A.C.H. RR. Co. Survey, Abstract 416
to a point for comer located on the northwest right-of-way line of F.M. 2351 (County Road
129);
5. Thence Southwesterly — 2,690', more or less, the northwest right-of-way line of F.M. 2351
(County Road 129) to a point for comer located on the north line of 100' wide City of
Pearland City Limit Strip and being the north line of City of Pearland Ordinance No. 31;
6. Thence Westerly — 2,319', more or less, with the north line of 100' wide City of Pearland
City Limit Strip and being the north line of City of Pearland Ordinance No. 31 to a point for
corner located on the east line of City of Pearland Ordinance No. 755;
Thence the following (18) courses with the easterly line of City of Pearland Ordinance No. 755;
7. Thence Northerly — 2,480', more or less, with the east line of Lots 49, 50 and 51, Section 29
of said Allison -Richey Gulf Coast Home Co. Subdivision and along the common east line of
H.T. & B. RR. Co. Survey, Abstract 292 and the west line of A.C.H. RR. Co. Survey,
Abstract 416 to a point for comer marking the southeast comer of Lot 48 of said Section 29;
8. Thence Westerly — 660', more or less, with the south line of said Lot 48 to a point for comer
marking the southwest corner of said Lot 48;
9. Thence Northerly — 660', more or less, with the west line of said Lot 48 to a point for corner
marking the common northwest comer of said Lot 48 and the southeast corner of Lot 40 of
said Section 29;
10. Thence Westerly — 660', more or less, with the south line of said Lot 40 to a point for corner
marking the southwest corner of said Lot 40;
11. Thence Northerly — 1,320', more or less, with the west line of said Lot 40 and Lot 39 of said
Section 29 to a point for corner marking the common northwest corner of said Lot 39 and the
southeast corner of Lot 31 of said Section 29;
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12. Thence Westerly — 660', more or less, with the south line of said Lot 31 to a point for corner
marking the southwest comer of said Lot 31;
13. Thence Northerly — 660', more or less, with the west line of said Lot 31 to a point for comer
located on the south line of Lot 188 of said Zychlinski Subdivision of Section 28;
14. Thence Westerly — 383', more or less, with the south line of said Lot 188 and along the
common north line of H.T. & B. RR. Co. Survey, Abstract 292 and the south line of Geo. C.
Smith Survey, Abstract 551 to a point for corner;
15. Thence Northwesterly — 475', more or less, with a line 450' northeast of and parallel to the
northeasterly right-of-way line of State Highway 35 to a point for comer;
16. Thence Northeasterly — 25', more or less, with the southerly line of that certain called 6.554
acres as described in a deed dated 07-19-1976 from Gladys Alexander to Swinging "A"
Corporation as filed in Volume 1300, Page 673 Brazoria County Deed Records to a point for
comer;
17. Thence Northwesterly — 179', more or less, with the easterly line of said 6.554 acre tract to a
point for corner;
18. Thence Northerly — 463', more or less, continuing with the easterly line of said 6.554 acre
tract to a point for corner;
19. Thence Westerly — 114', more or less, with the northerly line of said 6.554 acre tract to a
point for comer marking the northeasterly corner of said 6.554 acre tract and marking a point
on a curve to the right having a radius of 298' and a central angle of 45° 34';
20. Thence Westerly with said curve and continuing with the northerly line of said 6.554 acre
tract an arc distance 237', more or less, to a point for comer;
21. Thence Southwesterly — 14', more or less, continuing with the northerly line of said 6.554
acre tract to a point for corner;
22. Thence Northwesterly — 536', more or less, with a line 450' northeast of and parallel to the
northeasterly right-of-way line of State Highway 35 to a point for corner located on the
common north line of said Lot 188 and the south line of Lot 178 of said Zychlinski
Subdivision of Section 28;
23. Thence Easterly — 686', more or less, with the common north line of said Lot 188 and the
south line of said Lot 178 to the common southeast comer of said Lot 178 and the southeast
corner of Lot 177 of said Zychlinski Subdivision of Section 28;
24. Thence Northerly — 1,264', more or less, with the common west line of said Lot 177 and the
east line of said Lot 178 to the common northeast corner of said Lot 178 and the northwest
comer of said Lot 177, said comer located on the south line of Lot 176 of said Zychlinski
Subdivision of Section 28 and the south line of City of Pearland Ordinance No. 463;
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25. Thence Easterly — 901', more or less, with the south line of said Lot 176 and the south line of
City of Pearland Ordinance No. 463 to the common northeast comer of said Lot 177 and the
southeast corner of said Lot 176, said corner located on the northwest line of W.H. Snyder
Survey, Abstract 370 and the southwest line of line of City of Pearland Ordinance No. 463;
26. Thence Northeasterly — 2,749', more or less, with the southwest line of said Lot 176, with the
northwest line of W.H. Snyder Survey, Abstract 370, the southwest line of line of City of
Pearland Ordinance No. 463, the southwest line of W.D.C. Hall Survey, Abstract 70 and the
northwest line of Perry & Austin Survey, Abstract 111 to a point for comer located on the
southwest right-of-way line of County Road 127;
27. Thence Southeasterly — 20', more or less, with the southwest right-of-way line of County
Road 127 to a point for corner;
28. Thence Southwesterly — 296', more or less, with the northwest line of that certain tract as
described in a deed dated 03-21-2006 from Patrice Wagstaff, et al. to Michael Lecil Rathje,
et al. as filed in the Official Records of Real Property of Brazoria County at Clerk's File
Number 2006016884 to a point for comer marking the west comer of said Michael Lecil
Rathje, et al. tract;
29. Thence Southeasterly — 311', more or less, with the southwest line of said Michael Lecil
Rathje, et al. tract to a point for comer marking the south corner of said Michael Lecil Rathje,
et al. tract;
30. Thence Southeasterly — 257', more or less, with the southwest line of that certain tract as
described in a deed dated 03-13-2008 from Kenneth H. Edwards, et al. to Kevin A. Groba, a
married person as filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 2008014119 and the southwest line of that certain tract as described in a
deed dated 01-05-2007 from Patrice Wagstaff, et ux. to Kenneth H. Edwards, et al. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2007059565 to a point for corner;
31. Thence Southeasterly — 259', more or less, continuing with the southwest line of said
Kenneth H. Edwards, et al. tract and with the southwest line of that certain tract as described
in a deed dated 05-30-2008 from Clover Acquisition Corporation to George Hall, et ux. as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
2011037576 to a point for corner marking the south corner of said George Hall, et ux. tract;
32. Thence Southwesterly — 40', more or less, with the northwest line of that certain tract as
described in a deed dated 02-22-2001 from Leonard L. Cherry, et ux. to George Hall, et al. as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 01-
008209 to a point for corner marking the north corner of that certain tract as described in a
deed dated 03-23-2008 from George Hall, et ux. to Clover Acquisition Corporation as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2008026363;
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33. Thence the following three (3) courses with the northwesterly line of said Clover Acquisition
Corporation tract;
34. Thence Southeasterly — 86', more or less, to a point for corner;
35. Thence Southeasterly — 86', more or less, to a point for corner;
36. Thence Northeasterly — 23', more or less, to a point for corner;
37. Thence Southeasterly — 62', more or less, to a point for corner marking the east corner of said
Clover Acquisition Corporation tract;
38. Thence Southwesterly — 146', more or less, with the southeasterly line of said Clover
Acquisition Corporation tract to a point for corner marking the west corner of that certain
tract as described in a deed dated 08-26-1998 from Richard W. Mann, et ux. to Jeffrey
Hunter Brennan, et ux. as filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 98-036983;
39. Thence Southeasterly — 734', more or less, with the southwest line of said Jeffrey Hunter
Brennan, et ux. tract and the southwest line of that certain tract as described in a deed dated
01-03-2008 from The Estate of Teddy Talbot Ruppel, deceased to Karen Ruppel as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2008001477 to a point for corner marking the south corner of said Karen Ruppel tract;
40. Thence Northeasterly — 660', more or less, with the southeast line of said Karen Ruppel tract
and the southeast line of that certain tract as described in a deed dated 07-31-2013 from
Rodney R. Bradley, et al. to Jack E. Callaway, et ux. as filed in the Official Records of Real
Property of Brazoria County at Clerk's File Number 2013037719 to a point for corner
marking the east corner of said Jack E. Callaway, et ux. tract;
41. Thence Northwesterly — 348', more or less, with the northeast line of said Jack E. Callaway,
et ux. tract to a point for corner marking the north corner of said Jack E. Callaway, et ux.
tract;
42. Thence Northeasterly — 60', more or less, with the southeast right-of-way line of County
Road 127 to a point for corner marking the west corner of that certain tract as described in a
deed dated 09-12-2017 from Ronald Whitten, Jr., et al., to John A. Moya, et ux. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2017044983;
43. Thence Southeasterly — 328', more or less, with the southwest line of said John A. Moya, et
ux. tract and the southwest line of that certain Tract 2 as described in a deed dated 04-05-
2011 from Jane Beeson to Jane Beeson as filed in the Official Records of Real Property of
Brazoria County at Clerk's File Number 2011018311 to a point for corner marking the south
corner of said Jane Beeson tract;
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Page 10 of 33
44. Thence Northerly — 650', more or less, with the southeasterly line of of said Jane Beeson
tract to a point for corner located on the southwest right-of-way line of County Road 127;
45. Thence Southeasterly — 4,320', more or less, with the southwest right-of-way line of County
Road 127 to the POINT OF BEGINNING and containing 983 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 L-M&B.doc
10-17-2017
Revised 11-15-2017
6
Page 11 of 33
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Page 12 of 33
Exhibit C — Service Plan
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA L — 983 acres located northeast of SH35, between Dixie
Farm Road and County Road 129.
I. INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Govemment Code ('the Act"). This Plan relates to the annexation by the City of
land located adjacent to the City limits and encompassing approximately 983 acres in Brazoria
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 Pian 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
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Page 13 of 33
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
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Page 14 of 33
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.
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Page 15 of 33
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 16 of 33
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.
Page 5 of 5
Page 17 of 33
STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
1
Page 18 of 33
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall bc voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(l)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement. The City and the Owner acknowledge and agree that Owner (as the
mineral owner and/or lessee) conducts oil and gas operations and surface activities for such
operations on the Property. Further, the City and Owner agree that this Agreement shall in no
way affect Owner's oil and gas operations or surface activities and facilities for such operations,
including periodic revamping and expansion of such facilities, during the Term of this
Agreement. Owner shall continue to have the right to fully use and enjoy the Property for the
development of the mineral estate during the Term of this Agreement.
Section 5. The term of this Agreement (the "Term") is five (5) ycars from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
2
Page 19 of 33
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall be binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law
or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this /ay of il0, 2017.
[Signature Page to Follow]
3
Page 20 of 33
OWNER:
DENBURY ONSHORE, LLC
David E. Sheppard, —'
Senior Vice President — Operations
THE STATE OF TEXAS §
COUNTY OF COLLIN
§
This instrument was acknowledged before me on the //THU day of /V 1 4 I1 &)
2017, by David E. Sheppard, Senior Vice President — Operations of DENBURY ONSHORE,
LLC, a Delaware limited liability company, on behalf of said company.
.2(iwk Qthfst
Notary Public, State of Texas
TERESAACALVERT
Notary ID 06441969
*Commission Expires
.Ane 10,2021
1
Chapter 43 Texas Local Government Code Development Agreement
[Signature Page)
Page 21 of 33
CITY OF PEARLAND, TEXAS
By:
Clay Pearson,
City Manager
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on the day of
2017, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
Chapter 43 Texas Local Government Code Development Agreement
[Signature Page]
Page 22 of 33
Exhibit A
Page 23 of 33
CITY OF PEARLAND
Proposed Annexation Area: L
Agriculture Parcels
Owner Name:
Denbury Onshore LLC
Agricultural Property ID:
167798
Land Use Code:
D1
CODE QASSIFlCAT10N
1>b 1111. t)1»MMQ Agrrl.11f:Xal urttl
Iil1
*sot Quiith*dAsrttthXslLand iiCAt:
RI Rost, L QuslHr d syn:uttont t.rc
01 am tied
OS cxaswMrad
PI Nbal. Fenn & Rrw 1'+oros u d
Q FssmAs+di kncuo...men:s i and
M unousitties 4pst tas unn
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes It
does not represent an on -the ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 100 feet
SEPTEMBER 2017
GIS DEPARTMENT
Brazoria CAD - Property Details
Brazoria CAD
Property Search Results > 167798 DENBURY ONSHORE LLC for Year 2017
Property
Account
Property ID:
Geographic ID:
Type:
Property Use Code:
Property Use Descrlptlon:
Location
Address:
Neighborhood:
Neighborhood CD:
Owner
Name:
Mailing Address:
Values
167798
0292-0053-000
Real
HIGHWAY 35 OFF
•
SAL -NORTHEAST
SAL.NE
DENBURY ONSHORE LLC
% PROPERTY TAX DEPT
5320 LEGACY DR
PLANO, TX 75024-3127
(+) Improvement Homesite Value:
(+) Improvement Non-Homesite Value:
(+) Land Homesite Value:
(+) Land Non-Homesite Value:
(+) Agricultural Market Valuation:
(+) Timber Market Valuation:
(=) Market Value:
(—) Ag or Timber Use Value Reduction: —
(_) Appraised Value:
(—) HS Cap:
(a) Assessed Value:
Taxing Jurisdiction
Owner: DENBURY ONSHORE LLC
% Ownership: 100.0000000000%
Total Value: $11,850
Entity Descrlptlon
CAD
DR4
GBC
JAL
RDB
SAL
Legal Descrlptlon: A0292 H T & B R R, TRACT 47, ACRES 10.000
Agent Code:
Mapsco:
Map ID:
Owner ID: 345758
% Ownershlp: 100.0000000000%
Exemptions:
$0
$1,500
$0
$0 Ag / Timber Use Value
510,350 5700
50 $0
$11,850
$9,650
52,200
$0
$2,200
BRAZORIA COUNTY APPRAISAL DISTRICT
BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND)
BRAZORIA COUNTY
ALVIN COMMUNITY COLLEGE
ROAD & BRIDGE FUND
ALVIN INDEPENDENT SCHOOL DISTRICT
Total Tax Rate:
Tax Rate
0.000000
0.146000
0.397405
0.191744
0.060000
1.450000
2.245149
Appraised Value
$2,200
$2,200
52,200
52,200
52,200
52,200
Taxable Value
52,200
52,200
$2,200
$2,200
$2,200
$2,200
Taxes w/Current Exemptions:
Taxes w/o Exemptions:
https://propaccess.trueautomation.com/ClientDB/Property. aspx?prop_id=167798
Page 1 of 2
Estimated Tax
50.00
53.21
$8.74
$4.22
51.32
$31.90
$49.39
$49.39
11/(001735 of 33
Brazoria CAD - Property Details Page 2 of 2
Improvement/ Building
Improvement N1: Mlsc Imp State Code: D2 Living Area: sqft Value: 51,500
Type Description Class Exterior Year SQFT
CD Wall Built
AP4 POLE BLDG 1 SIDE OPEN (WOOD) • 0 2900.0
Land
I Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value
1 ASN NATIVE PASTURE 10.0000 435600.00 0.00 0.00 510,390 5700
Roll Value History
Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed
2018 N/A N/A N/A N/A N/A N/A
2017 51,500 510,350 700 2,200 $0 52,200
2016 51,500 524,000 700 2,200 $0 52,200
2015 51,500 57,500 700 2,200 50 52,200
2014 51,500 57,500 750 2,250 50 $2,250
2013 51,500 57,500 750 2,250 50 52,250
2012 51,500 57,500 800 2,300 $0 $2,300
2011 51,500 57,500 700 2,200 $0 52,200
2010 51,500 57,500 700 2,200 50 52,200
2009 51,500 57,500 650 2,150 50 $2,150
2008 51,500 57,500 700 2,200 50 52,200
2007 51,500 57,500 700 2,200 50 52,200
2006 51,500 57,500 700 2,200 50 52,200
2005 51,500 57,500 800 2,300 50 $2,300
2004 $1,500 57,500 800 2,300 $0 52,300
2003 $1,500 57,500 700 2,200 $0 52,200
2002 51,500 57,500 700 2,200 50 52,200
2001 51,500 57,500 700 2,200 $0 52,200
Deed History - (Last 3 Deed Transactions)
II Deed Date Type Description Grantor Grantee Volume Page Deed Number
1 4/14/2009 TEXCAL DENBURY 09 016625-006234
ENERGY LLC ONSHORE LLC
2 1/1/1998 DM MISCELLANEOUS DEED MW TEXCAL 98 012572 0
PETROLEUM ENERGY LLC
CORPORATION
Website ve,slon: 1.2.2.14
Questions Please CaII (979) 849-7792
Database last updated on: 11/S/20179:24 PM 0 N. Harr', Computer Corporation
https://propaccess.trueautomation,com/ClientDB/Property. aspx?prop_id=167798
11/(vage126 of 33
LAW OFFICE OF KENNETH R PHILLIPS, PC
Attorneys and Counselors
3322 E. Walnut Avenue, Suite 111
Pearland, Texas 77581
Mailing Address: Post Office Box 2887, Pearland, Texas 77588-2887
Telephone
281/412-9003
E -Mail
AttyKRP(aaol.com
November 15, 2017
Mr. Joel Hardy, Interim Management Assistant
City of Pearland, Texas
Pearland, Texas
Via l;mail to: jhardyra pearlandtx.gov
Fax
281/412-4735
Re: Proposed Chapter 43 Texas 1.oca1 Government Code Development Agreement [the
"Agreement"] by and between the City of Pearland, Texas [the "City"( and George W.
Bachmcycr regarding Agricultural Property ID: 172223 [the "Property"(
Dear Mr. Hardy:
Please be advised that I represent George W. l3achmeyer and wife, Florin I3achmeyer [my
"Clients"], who arc all of the owners of the Property.
Further, please be advised that my Clients have conferred with mc regarding the terms and
conditions of the Agreement and, after consideration, must decline the oiler of the City.
While my Clients do recognize the good faith efforts of the City in this process, they decline
to enter into the Agreement because they object to the term of the Agreement whereby they stipulate
to a Zoning Classification of Suburban Development ("SD"I over the Property.
Upon review of the Zoning Chart found in the UJnifled Building Code of the City, my Clients
believe that such a classification is too restrictive and will prevent them, or their children, from
marketing the Property for its highest and best use. Candidly, given the proximity of the Property
to Pearland Parkway, a major thoroughfare in the City, my Clients believe that the Property should
be zoned General Commercial ["GC"] or, at least, General Business ["GB"], to allow them to reap
the full benefit of the development of the City.
Therefore, my Clients will allow the Property to be annexed into the City and will participate
on in the hearing on the Zoning Classification at which time they will argue for the GC and/or (}13
classification.
Page 27 of 33
Mr. Joel Hardy, Interim Management Assistant
City of Pearland, "Texas
November 15, 2017
Page 2
If you have any questions regarding the matters set forth herein, please do not hesitate to
contact me.
Sincerely,
Kenneth R Phi
KRP/
cc: File No. 17-171
Darrin M. Coker, Esq., City Attorney
City of Pearland, Texas
Pcarland, Texas
Via Email to: dcoker(r),pcarlandtx.gov
Mr. and Mrs. George Bachmeyer
c/o Trinity Oaks Adult Community
3033 Pearland Parkway, No. 102
Pearland, 'Texas 77581
Page 28 of 33
CITY OF PEARLAND
Annexation Area: L
Proposed Amended Ordinance 1551
nAnnex Area City Limits
Property Lines
MAY PREPARYIT NOYLN.C. :oil
CITY Or YZARLANIT GI. 0ErnxTIIGNY
ORDINANCE NO. 1551
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 L,
approximately 983 acres of land generally located northeast of SH35,
between Dixie Farm Road and County Road 129); 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
Page 30 of 33
ORDINANCE NO. 1551
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 983 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
Agreement attached hereto as Exhibit D is 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
Page 31 of 33
ORDINANCE NO. 1551
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 day of
, A. D., 2017.
TOM REID
MAYOR
3
Page 32 of 33
ORDINANCE NO. 1551
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the day of
, A. D., 2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
Page 33 of 33