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Ord. 1574-2 2019-07-08 ORDINANCE NO. 1574 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 93 acres generally located west of County Road 48 between County Road 59 and County Road 895); 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 City of Pearland, as the property owner of approximately 93 acres (the "Property"), generally located west of County Road 48 between County Road 59 and County Road 895, has 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 June 10th, 2019 and on June 24th, 2019, in the City Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas; 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 and depicted in Exhibit "A" attached hereto and made a part hereof. Section 2. The City of Pearland, as the owner of the Property, shall determine the level and timing for the extension of municipal services into the territory annexed to the City. 1 ORDINANCE NO. 1574 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 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 2 ORDINANCE NO. 1574 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 24th day of June, A. D., 2019. j(ck,),1 e'•. �� = TOM REID MAYOR lll ATTEST: MARIA RODRIGUEZ INTERIM CITY SECRETARY PASSED and APPROVED on Second and Final Reading this the 8T" day of July, A. D., 2019. uurrr���� •Q RANO . S. E7 cu)01,7 TOM REID MAYOR ATTEST: ��jit • MARIA RODRIGUEZ INTERIM CITY SECRETARY AF7ESED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3