Ord. 0783 04-14-97ORDINANCE NO. 783
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN
LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; 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, Albertson's, Inc. and Pearland Plaza Partners ("Petitioner") have
petitioned the City Council of the City of Pearland, Texas, pursuant to §43.028 of the
Tex. Local Govt. Code, requesting annexation of approximately 10 acres located north
of FM 518 at the intersection of FM 518 and Manvel Road, contiguous to the City and
within the City's extraterritorial jurisdiction ("ETJ"); and
WHEREAS, Petitioner and the City Council of the City of Pearland, Texas, have,
in accordance with the requirements of §43.028 of the Tex. Local Govt. Code,
complied with all procedural requirements regarding the annexation of said territory,
including posting and publishing notice, conducting a public hearing, and preparing a
plan for extension of municipal services into the area annexed to the City; and
WHEREAS, the City intends to fulfill the 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,
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ORDINANCE NO. 783
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"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
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 10.3945 Acres of Land Located North of
FM 518 at the Intersection of FM 518 and Manvel Road" attached hereto as
Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is
hereby approved.
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. If any section or part of this Ordinance is for any reason held
unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable
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ORDINANCE NO. 783
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 every part of 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 on this3l ay of MMC.A J
A.D., 1997.
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TOM REID
MAYOR
ORDINANCE NO. 783
ATTEST:
WENDY STA�Ip-ORF
INTERIM CITIYSECRETARY
/7 PASSED and APPROVED on Second and Final Reading this day of
, A.D., 1997.
ATTEST:
WENDY STA��i�ORF
INTERIM CI SECRETARY
APPRO AS TO FORM:
A Y MOTES cCULLO ,H
CITY AT ' ORNEY
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TOM REID
MAYOR