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Ord. 0770 02-10-97ORDINANCE NO. 770 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, Ayrshire Corporation ("Petitioner") has petitioned the City Council of the City of Pearland, Texas, pursuant to §43.028 of the Tex. Local Govt. Code, requesting annexation of approximately eight acres located adjacent to Green Tee Subdivision, 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, 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" 1 ORDINANCE NO. 770 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 8.240 Acres of Land Located Adjacent to Green Tee Subdivision in Harris County, Texas" 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 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 2 ORDINANCE NO. 770 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 this the pl' day of , A. D., 1997. ATTEST: ftbefilfit CITY SECRETARY TOM REID MAYOR ORDINANCE NO. 770 VI PASSED and APPROVED on Second and Final Reading this the /6/ day of , A. D., 1997. ATTEST: 1 vLJ i'1v . ULIV _lrl t ,»i CITY SEC ETARY APPR!J' ED AS TO FORM: A Y OTES McCULLOUGH CITY L TTORNEY 4 TOM REID MAYOR