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Ord. 1573 2019-04-22 ORDINANCE NO. 1573 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 (approximately 13.0904 acres located at 7409 Bailey Road); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. WHEREAS, pursuant to Chapter 43, Subchapter C-3, Tex. Local Govt. Code, the property owner(s) located at 7409 Bailey Road, Brazoria County Property ID # 177559 ("Property"), petitioned the City for the voluntary annexation of the Property into the incorporated limits of the City; and WHEREAS, the City Council of the City of Pearland, Texas, following due notice and publication in accordance with the requirements of Section 43.0673, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of the Property which is located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, the public hearings were conducted before the City Council on March 25th, 2019 and on April 8, 2019, in the City Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City previously adopted a Service Plan for the provision of municipal services to the Property; 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, • 1 ORDINANCE NO. 1573 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 and depicted in Exhibit"A" attached hereto and made a part hereof. 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 attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidatethe 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 2 ORDINANCE NO. 1573 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 8th day of April, A.D., 2019. 5R1-4:1 TOM REID MAYOR ATTEST: ,111111►►►/ � ' " :y • NG LO`]s G, TR C TY SECRETARY �''��,►►���������`�� 3 ORDINANCE NO. 1573 PASSED and APPROVED on Second and Final Reading this the 22nd day of April, A.D., 2019. < EC dQ TOM REID MAYOR ATTEST: ... Yt(rS� ARY APP OVED ASTOO FORM: DARRIN M. COKER CITY ATTORNEY 4 ,. ,„ it..r,-7„,-tr, -: ~ t� , � Ordinance No. 1573 • r r ixck�lx t s fi Fx ' 11 11 aa i Exhibit A , ",y...,'*4-'1,'F';',-t.,e.:-."-;'-','' ":` a , qfi• 47.'‘1,7 ,? r to t Ti j .._ r am.# py 3 X F h` # * I � *? 4 y�;. u��F" Y r.,1,....'� ffi`f .�� 3,.�,,,..roc t ,:°}l�s t*�z �.5;„ u I - g -•"= '� y Prop Id #177559 ,«-...•'i°".. " '"'ni`' Y ygv ."_ ".� u,,..b.;.-»•, F 3�"` a• , ;�t; !r-w r r� ° , r , it tr ia- *+' U4"'n a ,, 5a Na + - 7343 Y g: �M, r � �' #. Norman Hicks Si ,� Vkt :'r a * d . 7,-- vim,. .. � ; Exhibit B CITY OF.PEARLAND, TEXAS SERVICE PLAN FOR AREA 1 — Two hundred and thirteen (213) acres of land, generally located North of Bailey.Road, south of Arnold Drive, East of Kennedy Drive, and West of Manvel Road, in Pearland, Brazoria County, Texas. 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 242 acres in Brazoria County, Texas. The Tract is described bymetes and bounds in "Exhibit A-1", and by map in "Exhibit A-2" 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 beat 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 Page .1 of 9 type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. The following services will be provided in accordance with Standard Policies and Procedures immediately upon the effective date of the annexation: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the Department. b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland will continue to serve the area. c. Emergency Medical Service: Currently, the tract is service by the Pearland Emergency Medical Service (EMS) under an agreement with the county. Pearland Emergency Medical Service (EMS) will continue to provide emergency medical service to the Tract. d. Solid Waste and Recycle Collection: Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for • City solid waste and recycled collection service, property must have frontage on a public street or other approved location and place solid waste in containers approved for the specific type of occupancy. Any person currently being serviced by a privately owned solid waste or recycling management service provider may continue to use that service for two years after the effective date of the annexation. Those who receive services from city's solid waste and recycling collection contractor will be billed for the service, in accordance with the contract between the city and the solid waste contractor. e: Operation and Maintenance of Water and Wastewater Facilities: Existing public water and wastewater facilities, if any, will be operated and maintained by the City or by private contractor under contract to the City. 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 9 homeowner's associations (HOAs)will continue to be owned and operated by the respective HOAs. h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or Service: Existing publicly owned or operated facilities, buildings, or services, if any, will be operated and maintained by the City or by private contractor under contract to the City. • 2. Additional Services. Certain services, in addition to the statutory services, will be provided in accordance with Standard Policies and Procedures within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library Service will•be provided from existing facilities and future facilities outside the Tract. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health services will be provided by the City Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City Services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be - provided. E. Capital Improvement Program As necessary, the City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements, which are necessary, are indicated below. Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shall be completed as soon as reasonably possible and shall be substantially completed within the time period indicated below. 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 improvementsare not necessary at this time to provide emergency medical service. The Tract will be included Page3of9 with other territory in connection with planning for new, revised, or expanded. public safety facilities. 4. Solid Waste Collection: .No capital improvements are necessary at this time to provide,solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. 5. Water and Wastewater Facilities: Additional capital improvements are not necessary at this time to service the tract. The cost of future connections to available water and sewer lines will be the responsibility of the Tract owners, as it is within the existing City utility system following standard policies and procedures. Impact fees also will be assessed at the time of future connections to the City's utility system or upon issuance of building permits for lots developed within the Tract. • The City will make wastewater treatment capacity in existing or future wastewater treatment plants built and operated by the City available for the Tract. Construction of facilities to collect and transmit wastewater to treatment plants will occur as development occurs in and around the tract. Facilities will be constructed by either the city or private developer. The city will make potable water capacity available from existing or future sources built and operated by the City available to the Tract. The City currently operates its own ground water wells and purchases wholesale surface water via contract from third parties. Construction of facilities to collect and transmit water to the tract will occur as development occurs in and around the tract. Facilities will be constructed by either the city or private developer. 6. Roads and Streets (including lighting): Additional roads, streets, or related facilities are not necessary at this time to serve the tract. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken in accordance with Standard Policies and Procedures. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 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. Page4of9 • 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 ofthe service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State.of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. III. FORCE MAJEURE Should a force majeure interrupt the service described herein, the City will resume services under this Plan withina 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 9 . .