Ord. 1552 2017-11-13 Failed ORDINANCE NO. 1552
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 P,
approximately 281 acres of land generally located just south of Magnolia
Road, just north of Bailey Road, west of Manvel Road, and east of Webber
Drive and Deerbrook Court); 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 §43.063, 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 13 of 16
ORDINANCE NO. 1552
hereto and made a part hereof, with the exception of the properties identified in Section 2 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 281 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 TBD 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
Page 14 of 16
ORDINANCE NO. 1552
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.
PASSED and APPROVED on First Reading this the day of
, A. D., 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
3
Page 15 of 16
ORDINANCE NO. 1552
PASSED and APPROVED on Second and Final Reading this the day of
, A. D., 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
I
I
0
I
I
I
4 4
Page 16 of 16
EXHIBIT"A"
AREA P
METES AND BOUNDS DESCRIPTION
281 ACRES MORE OR LESS OUT OF
SECTIONS 18 AND 22
KANAWHA-TEXAS COMPANY SUBDIVISION
PARTS OF SECTIONS 18 AND 22
GEORGE C. SMITH SURVEY,ABSTRACT 547
AND GEORGE C. SMITH SURVEY, ABSTRACT 548
BRAZORIA COUNTY,TEXAS
The herein described 281 acres of land, more or less being generally located in Kanawha-Texas
Company Subdivision of Parts of Sections 18 and 22 H.T. & B. R.R. Co. according to the plat
thereof as filed in Volume 02, Page 51 Brazoria County Plat Records, George C. Smith Survey,
Abstract 547 and George C. Smith Survey, Abstract 548, Brazoria County, Texas; the SOUTH
line being the north line of City of Pearland Ordinance No.'s 1036, 1495 and 1521; the WEST
line being the east line of City of Pearland Ordinance No. 1088; the EAST line being the existing
west right-of-way line of F.M. 1128; the NORTH line being the south line of City of Pearland
Ordinance No.'s 1088 and 899;
All that certain 281 acres of land, more or less, to be annexed into the City of Pearland and being
out of Sections 18 and 22 of said Kanawha-Texas Company Subdivision of Parts of Sections 18
and 22 H.T. &B. R.R. Co. and all of Minor Plat of Long Haul according to the plat thereof filed
in Document No. 2016037803 Brazoria County Official Records and being more particularly
described by metes and bounds as follows;
Beginning at a point marking the northeast corner of Massey Lakes Estates according to the plat
thereof filed in Document No. 2016014525 Brazoria County Official Records said point also
being located on the west right-of-way line of F.M. 1128 as established by said Massey Lakes
Estates;
1. Thence Westerly — 2,620' more or less, with the north line of City of Pearland Ordinance
No.'s 1036 and 1495 and the north line of said Massey Lakes Estates to a point for corner
located on centerline of County Road 107F (Charles Avenue);
2. Thence Southerly — 1,007', more or less, with the west line of City of Pearland Ordinance
No.'s 1495 and 1521 and the centerline of said County Road 107F to a point for corner
located at the intersection of the south right-of-way line of Arnold Drive (County Road
107C) and the centerline of said County Road 107F;
3. Thence Westerly—2,601' more or less,with the south right-of-way line of said Arnold Drive
and the north line of City of Pearland Ordinance No. 1521 to a point for corner;
1
Page 3 of 16
4. Thence Southerly — 312', more or less, with the existing east right-of-way line of County
Road 89 (Old Chocolate Bayou) and the west line of City of Pearland Ordinance No. 1521 to
a point for corner;
5. Thence Westerly— 1,355' more or less,with the north line of City of Pearland Ordinance No.
1521 to a point for corner located at the southeast corner of Ashford Cove At Silverlake
according to the plat thereof as filed in Volume 19,Page 519 Brazoria County Plat Records;
6. Thence Northerly with the east line of said Ashford Cove At Silverlake passing at a distance
of 342' more or less, a point marking the common northeast corner of said Ashford Cove At
Silverlake and the southeast corner of Restricted Reserve "C", Southwyck Section Eight
according to the plat thereof as filed in Volume 18, Page 99 Brazoria County Plat Records
said point also marking the most southerly southeast corner of City of Pearland Ordinance
No. 1088 and continuing for a total distance of 2,640' more or less, with the east line of City
of Pearland Ordinance No. 1088 and the east line of said Restricted Reserve "C" to a point
for corner;
7. Thence Easterly— 1,322' more or less, with the south line of City of Pearland Ordinance No.
1088 to a point for corner marking a point on the common east line of George C. Smith
Survey, Abstract 548 and the west line of George C. Smith Survey, Abstract 547, said point
also being within the right-of-way of said County Road 89;
8. Thence Southerly — 660' more or less, with the common east line of George C. Smith
Survey, Abstract 548 and the west line of George C. Smith Survey, Abstract 547 being
within the right-of-way of said County Road 89 to a point for corner;
9. Thence Easterly— 1,320' more or less, with the south line of the unrecorded plat of Colorado
Country to a point for corner;
10. Thence Northerly — 660' more or less, with the east line of the unrecorded plat of Colorado
Country to a point for corner located in the south line of City of Pearland Ordinance No,
1088;
11. Thence Easterly with the south line of City of Pearland Ordinance No. 1088 passing at 1,323'
more or less, a point marking the common southeast corner of City of Pearland Ordinance
No. 1088 and the southwest corner of City of Pearland Ordinance No. 899 and continuing for
a total distance of 3,958' more or less, with the south line of City of Pearland Ordinance No,
899 to a point for corner marking the southeast corner of City of Pearland Ordinance No,
899, said point also located on the west right-of-way line of F.M. 1128;
12. Thence Southerly — 1,320' more or less, with the west right-of-way line of F.M. 1128 to a
point for corner marking the southeast corner of that certain tract as described in a deed dated
2
Page 4 of 16
11-12-2015 from William A. Kyle, et ux. to Michael C. McGuire, et ux. as filed in the
Official Records of Brazoria County at Clerk's File Number 2015056327;
13. Thence Westerly — 15' more or less, with the south line of said Michael C. McGuire, et ux.
tract to the POINT OF BEGINNING and containing 281 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 P-M&B.doc
10-26-2017
Revised 10-08-2017
3
Page 5 of 16
°%F i
_ a
, ,
_Y_ r R,,, , „tt:------,,,..4.-
5:
.t _ I6Pt7i:9; V>8 43�f4�, �IH L'✓8 3cN'Cr70 N9 481.1)M IN I-M _ _ y tr w t.
:t a - y - ,,. - w - - - f 1 e F Ike t
r i �_
9 ,,_ ,.. - . -31, 4 i
i A,,t .....f k i} �,I *• • i • ...ret�
�iJ
. ,LA, __-.--- 17_r, ,..4 fli 1
r j t -- i t s +aid+1,,4 Ai
/mss. t 11, .,i t 1
rit pop 0.1
• n O Q
P ii 1
g a
• ob
• m ;;;.. I i
� › i
3a f
I 1
1 ,,
_ _ __
_ _
,,t,
1 ______
_____ _ _ _
_0 d L.
_1 \ 5
Si2ri 1 �
3! :; V
1;15' . .,
Y OZO ) G.1AMv^OA
Exhibit C — Service Plan
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA P — 281 acres located just south of Magnolia Road, just
north of Bailey Road, west of Manvel Road, and east of Webber Drive and Deerbrook Court
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 260 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 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 7 of 16
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 8 of 16
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 3 of 5
Page 9 of 16
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 10 of 16
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 11 of 16
■ i
ft! :!: H:L1 W 1 xa 3 ! s t ir,a Vsgb'S ;
-, ii 111111 lili Nitigi II Z 10 ti ;2 *1 it
[101111 v!Ill AA! ti 1 i ill
x ti
iiiiii� ■ ■
- 11511
III',
° ��I of �� `� 1; 1 ///MI a ira
I
(DI ° + C 9 ' b (
14
,. ..,
i
® E i 166
"� id sd __
1
_ _
1
ki 11-;1 1 i .-:: s ;ail
i --1!�
. A�tmi � „,. _ --w � �i,i�il i CI
r i_ lic 'x" imam- ili
� `'� �. ILI , �iR
Q aat
1 D
11 e l 3 �_� mm �� ,i
® !3i a ;II '' no et;=r 4,;'/,eliP"� I -
3 � s i .i =I , 'ti itT,' Sd01 tt 14.; y
i lair 01 ? to WIDE" 11111 1I 10j—.2—Mmn /...
pc
Ei FP Ikt ' A is -.
I , _ _ , t ,E - NI +
11 111, (11 I;;I a ) MEM :
, 3 1, Ira ._.. 0111111, ,...L.,,........
■
filiiii:gaiiiiiM h f , I r 'a iiiriIk.
'i fl i 1'1 1 It liiiti I It
Page 12 of 16