R2019-146 2019-06-10 RESOLUTION NO. R2019-146
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into an Annexation Agreement with Jack
and Valary Cibulski("Property Owners")associated with the Property Owners'
petition for the annexation of approximately .56 acres (generally located at
2535 Stevenson Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Annexation Agreement, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Annexation Agreement.
PASSED, APPROVED and ADOPTED this the 10th day of June, A.D., 2019.
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TOM REID
MAYOR
ATTEST:
Y� G Le ' 'G, './'C =�: .„4 Nli :�
i Y SE TARY .
APPROVED AS TO FORM:
00.--:— H. 01---- •
DARRIN M. COKER
CITY ATTORNEY
ANNEXATION AGREEMENT
STATE OF TEXAS,
COUNTY OF BRAZORIA. ��--
This Agreement ("Agreement") is made and entered into as of this 13 qday of �lvM-
2019,("Effective Date")by and between the CITY OF PEARLAND,Texas, (the"City"),a home-
rule municipal corporation and political subdivision of the State of Texas, and Jack E. and Valary
Cibulski, ("Property Owners").
WHEREAS, Property Owners own approximately 0.564 acres, more or less, THE PERRY AND
AUSTIN LEAGUE, A-111, BRAZORIA COUNTY, TEXAS, BEING OUT OF A CALLED
2.386 ACRE TRACT OF LAND DESCRIBED IN A DEED TO JACK CIBULSKI AS
DESCRIBED AND RECORDED IN COUNTY CLERKS FILE NO. 2008046376, IN THE
OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS (O.R.B.C.T.), and as shown as
Exhibit "A," an annexation map prepared by the Property Owners, attached hereto and
incorporated herein for all purposes allowed by law(the"Property"); and
WHEREAS,the City desires to voluntarily annex certain lands including the Property; and
WHEREAS, Property Owners have petitioned the City for the voluntary annexation of the
Property subject to certain terms and conditions contained herein; and
WHEREAS, this Agreement is entered into pursuant to state law, including but not limited to
Chapters 43 of the Texas Local Government Code in order to address the procedures of the City
and the desires of Property Owners; and
WHEREAS,the City and Property Owners acknowledge that this Agreement is binding upon the
City and Property Owners and their respective successors and assigns; and
WHEREAS,this Agreement is to be recorded in the real property records of Brazoria County;
NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the City and Property Owners agree as follows:
1. Land Subject to Agreement. Property Owners represent that they are the sole owners of the
Property.
2. Annexation. Subject to the terms and provisions of this Agreement, Property Owners request
that the City annex, and the City agrees to annex, the Property.
3. City's Obligations Upon Annexation.
A. City acknowledges and agrees that it shall provide the following municipal services to the
Property upon annexation:
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Police Protection. The City will provide police protection and law enforcement to the Property in
accordance with its adopted standards of practice and protocols.
Fire Protection. The City will provide fire protection and suppression services to the Property in
accordance with its adopted standards of practice and protocols.
Emergency Medical Services. The City will provide emergency medical services, including
ambulance transportation services, to the Property in accordance with its adopted standards of
practice and protocols.
Solid Waste and Recycle Collection Services. City solid waste and recycle collection services may
be provided to the Property by the City or by private contractor under contract with the City if the
waste / recycle material is placed in a City-approved location and in containers approved for the
specific type of occupancy.Alternatively,Property Owners may use a privately-owned solid waste
or recycling management service provider at Property Owners' sole expense. If Property Owners
receive services through the City's solid waste and recycling collection contractor, Property
Owners may be billed for the service in accordance with the City's policies and/or the contract
between the City and the solid waste contractor.
Water Services. The Parties acknowledge and agree that water service is not supported by the
City's ad valorem taxes. Consequently,the City will provide water capacity to serve the Property,
but the extension of water lines to serve the Property will be at the City's discretion and consistent
the City's provision of service to properties with the same or similar level of service provided to
other comparable areas of the City.
Wastewater Services. The Parties acknowledge and agree that wastewater service is not supported
by the City's ad valorem taxes. Consequently, the City will provide wastewater capacity to serve
the Property, but the extension of sewer lines to serve the Property will be at the City's discretion
and consistent the City's provision of service to properties with the same or similar level of service
provided to other comparable areas of the City.
Parks Services. The City provide Parks Services and will operate and maintain existing public
parks,playgrounds and swimming pools.
Miscellaneous Services. The City will offer, operate and maintain City owned facilities,buildings
and services, including, but not limited to, city hall, animal control, municipal court, and general
administration, and provide access to such miscellaneous services to the Property Owners on the
same basis as such services are available to other landowners and residents within the City.
B. The City and PROPERTY OWNERS agree that the municipal services provided under
Paragraph 3A may be provided by any method or means by which the City extends such municipal
services to any other area of the City. This may include causing or allowing private utilities,
governmental entities or other public service organizations to provide such services, in whole or
part.
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C. As used in the Agreement, "Standard Policies"means those policies and procedures of the
City applicable to a particular service that are in effect either at the time that this 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 petition, and may
require that fees or charges be paid, and may include eligibility requirements and similar
provisions. Further,it is not the intent of this Agreement to require that a uniform level of services
be provided to all areas of the City (including the Property) where differing characteristics of
topography, land utilization and population density provide a sufficient basis for providing
differing service levels.
4. Term. This Agreement is effective as of the date that both the City and Property Owners have
duly approved, executed and delivered this Agreement.
5. Default.
If any party breaches any of the terms of this Agreement, then that party shall be in default
("Defaulting Party") of this Agreement ("Event of Default"). If an Event of Default occurs, the
non-defaulting party shall give the Defaulting Party written notice of such Event of Default, and
if the Defaulting Party has not cured such Event of Default within thirty (30) days of said written
notice, this Agreement is breached. Each party is entitled to all remedies available to it at law or
in equity, including termination of this Agreement.
6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered,whether or not actually received,when deposited in the United States Mail,postage pre-
paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the
addresses contained below:
CITY: Property Owners:
City of Pearland Jack E. and Valary Cibulski
3519 Liberty Dr. 2535 Stevenson Rd.
Pearland, Texas 77581 Pearland, Texas 77581
Attn: City Manager.
With copy to:
City Attorney at the same address.
7. Miscellaneous.
A. Agreement Runs With the Property. This Agreement shall run with the Property and shall
be binding on and inure to the benefit of Property Owners' successors and assigns.
B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect
to the matters contained herein and may not be modified or terminated except upon the mutual
written agreement of the parties hereto.
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C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas
and shall be performable in Brazoria County,Texas. Exclusive venue shall be in Brazoria County,
Texas.
D. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective administrators, legal representatives, successors and assigns.
E. Savings/Severability.In case any one or more of the provisions contained in this Agreement
shall for any reason be held by a court of competent jurisdiction to be invalid illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
other provision thereof, and this Agreement shall be construed as if such invalid illegal or
unenforceable provision had never been contained herein.
F. Subsequent Statutory Changes. Unless specifically citing its retroactive effect, 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.
G. No Chapter 245 Permit. Pursuant to Section 43.035(e) of the Texas Local Government
Code this Agreement, and any requirement contained in this Agreement, shall not constitute a
"permit" as defined in Chapter 245 of the Texas Local Government Code. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement
to be effective on the latest date as reflected by the signatures below.
CITY OP' .AND ATTEST • ;•�,Q !?. !ho'�..
By: By: (11(44(4,,.4.4.4244/4„, - •
City Manag ( c ? City Secretary Mia �
Gr L4E2_. - '
Date Signed: 19—r> —(1 Date Signed: p j.•13. 2,619_
THE STATE OF TEXAS,
COUNTY OF BRAZORIA.
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally
appeared ( k V t W�s•� , the City Manager of the City of Pearland, a Texas home-rule
municipal corporation, known to me to be the person who's name is subscribed to the foregoing
instrument, and acknowledged to me that he has executed the same on CITY's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE I3 DAY OF/w•, 2019.
SEAL HOZ 'ZO n6nbr - /�yl�`� „_ �
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'PV PLB MICHAEL MARK MUSCARELLO
y`' Notary ID #12534022-8 4
's ,` My Commission Expires
"co,''' August 02. 2022
PROPERTY OWNERS:
QINQX_
Jack E. Cibulski
Date Signed: (4:, 1 '") \ t
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally
appeared J;ia E. ebb o I s K; AND 1,._I&s C: v10; , the Property Owners, known to me to
be the person who's name is subscribed to the foregoing instrument,and acknowledged to me that
the Property Owners have executed the same on the Property Owners' behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE/3 DAY OFA, 2019.
MICHAEL K MUSCARELLO
SEAL ,. Notary ID MAR#12534022 8
'` My Commission Expires
tor"' August 02, 2022
by: Y
Valary Cibuls
Date Signed: /3 . / 9
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally
appeared rock f.C;4 ilsk/ AND ‘,A1.1.-A.7 ( b dist' , the Property Owners, known to me to
be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that
the Property Owners have executed the same on the Property Owners' behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE/3 DAY OF1k, 2019. A/
SEAL ; co...., MICHAEL MARK MUSCARELLO
Notary ID#12534022-8
.,, My Commission Expires
August 02,2022
Attachments
Exhibit "A" -Description and Depiction of Property
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