Ord. 0768 01-13-97ORDINANCE NO. 768
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, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local Govt.
Code, conducted two (2) public hearings regarding the City's intended annexation of
certain territory located contiguous to the City and within the City's extraterritorial
jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on November
11, 1996, at 7:30 o'clock p.m. and on November 25, 1996, at 7:30 o'clock p.m., at the
Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq., Tex.
Local Govt. Code, complied with all procedural requirements regarding the annexation
of territory, including the preparation of a plan for extension of municipal services into the
area annexed to the City; and
WHEREAS, the City intends to fulfill those 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"
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 Approximately 178 Acres of land commencing at the
southwest corner of Brazoria County Municipal Utility District No. 5 within the SH 288
right-of-way to the west line of Brazoria County Municipal Utility District No. 4 and
Brazoria County Municipal Utility District No. 5, in Brazoria 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
2
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 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.
3
PASSED and APPROVED on first reading this /VI day of
, A. D., 1997.
Tom Reid, Mayor
ATTEST:
Yo r• n ► a C. Benitez, City Secreta
PASSED and APPROVED on second and final reading thisg /749
/ day of
, A. D., 1997.
ATTEST:
APPROVED AS TO FORM:
4
Tom Reid, Mayor
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
178 ACRES, MORE OR LESS
178 acres, more or less, located in the D. White Survey, Abstract No. 747; the W.W. Dupuy &
L. Roberts Survey, Abstract No. 726; the John W. Maxey, Abstract No. 675 and the O. Pitts
Survey, Abstract No. 717 of Brazoria County, Texas, said 178 acres, more or less, being more
particularly described by metes and bounds as follows:
COMMENCING at the southwest corner of Brazoria County Municipal Utility District No. 5
(B.C.M.U.D. No. 5), being the southwest corner of said John Crawley Survey, Abstract No. 174,
Tying on the center -line of Hughes Ranch Road and also lying within the State Highway 288
(SH 288) right-of-way;
THENCE NORTHERLY, 2,440 feet, more or less, along the west line of B.C. M.U.D. No. 5 and
the east line of the William Morris Survey, Abstract No. 344 to the POINT OF BEGINNING;
THENCE WESTERLY, 2,640 feet, more or less, along the north line of said William Morris
Survey to the northwest corner, said corner also lying on the east line of Lot 4, Block 12 of the
John W. Maxey Survey, Abstract No. 675;
THENCE NORTHERLY, 147 feet, more or less, along said east line of Lot 4, Block 12 and the
west line of Lot 6, Block 10 of said John W. Maxey Survey to the northeast corner of said Lot
4 and the southeast corner of Lot 2, Block 12 of said John W. Maxey Survey;
THENCE WESTERLY, 781 feet, more or less, along the north line of said Lot 4 and the south
line of said Lot 2 to west line of the said John W. Maxey Survey;
THENCE NORTHERLY, 1,194 feet, more or less, along said west line of the J. W. Maxey Survey
and the west line of Lot 2, Block 12 and Lot 2, Block 9 of said survey to a northwesterly corner
of said survey, lying in the south line of the 0. Pitts Survey, Abstract No. 717;
THENCE NORTHERLY, 524 feet, more or less, along the common line between Lots 13 and
15 of said O. Pitts Survey to the center of Clear Creek, being the common boundary line
between Brazoria County and Harris County;
THENCE EASTERLY, NORTHEASTERLY, and EASTERLY, 4,300 feet, more or less, along the
meanders of Clear Creek and said common boundary line between Brazoria County and Harris
County to the intersection with a projected line of the west line of Brazoria County Municipal
Utility District No, 4 (B.C.M.U.D. No. 4) and said B.C.M.U.D. No. 5;
THENCE SOUTHERLY, 424 feet, more or less, along said projected line to the northwest corner
of said B.C.M.U.D. No. 4;
THENCE SOUTHERLY, 2,618 feet, more or less, along the west line of said B.C.M.U.D. No, 4
and B.C.M.U.D. No. 5 to the POINT OF BEGINNING, containing 178 acres, more or less.
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EXHIBIT 'B"
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 178 ACRES OF LAND
LOCATED ALONG SH 288 FROM CLEAR CREEK AND EXTENDING SOUTHWARD
APPROXIMATELY 3,042 FEET IN BRAZORIA COUNTY, TEXAS.
I. INTRODUCTION.
This Service Plan ("Plan") is made by the City of Peariand, Texas ("City") pursuant to
Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the
annexation by the City of 178 acres of land ('Tract") located along SH 288 from Clear
Creek extending southward approximately 3,042 feet in Brazoria County. The Tract is
described by metes and bounds in "Exhibit A" which is 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 an the effective date of the
annexation of the Tract. Renewal of this Plan will be at 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.
SERVICE PROGRAMS.
A. In General. This Plan includes two service programs: (i) the Early Action
Program, described below, and (ii) a Capital Improvement Program
described below.
B. Scope and Quality of Services. Services under this Plan will equal or
exceed the number of services and the level of services in existence in the
Tract prior to annexation. 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.
1
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 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 required by State law. Service will be
provided immediately upon annexation in the case of police, fire
protection and emergency medical service, within thirty days of
annexation for solid waste collection, and within sixty days for all
other services. The statutory services are as follows:
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 Volunteer Fire Department
(VFD) of the City of Pearland will serve the area in
cooperation with VFD's in the area according to mutually
agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency
Medical Service (EMS) will continue to provide emergency
medical service to the Tract under a contract with the City.
d. Solid Waste Collection. Service will be provided to eligible
property by private contractor, under contract with the City.
2
To be eligible for City solid waste collection service, property
must have frontage on a public street and place solid waste
in containers approved for the specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. The Tract
will be served directly by the City using the rates and policies
of the City, except where the City Council approves creation
of an in -city municipal utility district (M.U.D.). Capital
recovery charges or impact fees will be assessed upon
issuance of building permits for lots developed within the
Tract, except when located in a M.U.D.
The City will make Wastewater treatment capacity, either in
existing Wastewater treatment plants or in Wastewater
treatment facilities to be built by the City, available for the
Tract. The cost of connecting to available lines will be the
responsibility of the Tract owners, as it is within the existing
City utility system.
The City will make water available to the Tract from water
system extensions planned to serve the area, except where
the City Council approves creation of an in -city municipal
utility district (M.U.D.). The cost of connecting to available
lines will be the responsibility of the Tract owners, as it is
within the existing City utility system. City ordinances also
provide for the installation of a separate meter for irrigation
systems. A customer with such a meter is billed, but does
not pay a City sewer charge on this water use.
f. Maintenance of Road and Streets (including lighting). The
Department of Public Works will provide maintenance of
roads, streets, and traffic control devices over which the City
will have jurisdiction. Street lighting will be maintained on all
public thoroughfares at the City's expense through a contract
with Houston Light and Power.
Maintenance of Parks, Playgrounds and Swimming Pools.
Since there are no such public facilities within the Tract, any
future maintenance of parks, playgrounds and swimming
pools will result from the acquisition and development of
such by the City Parks and Recreation Department. The
Parks and Recreation Department will include the area in its
planning for future facilities and its acquisition program.
h. Maintenance of Any Other Publicly -Owned Facility, Building
or Service. Those drainage facilities associated with City
maintained public streets will be maintained by the
Department of Public Works. Should any other facilities,
buildings or services be constructed or located by the City
within the Tract, an appropriate City department will provide
maintenance services for them.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided 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. As population in this area
within the City of grows, it will be considered for the
development of additional facilities. 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 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.
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, and any necessary construction or acquisition will begin within two
years of the effective date of this Plan, and be substantially complete before four and one
half years of the effective date of this plan.
t . Police Protection. Additional capital improvements are not necessary at
this time to provide police protection. However, the Tract will be included
with other territory in connection with planning for new, revised, or
expanded public safety facilities.
4
2. Fire Protection. Initial fire protection for the Tract will be provided by using
existing facilities established by the Fire Department, however, the long
term provision of service to the area will require additional capital
improvements. The Tract will be included with other territory in connection
with planning for new, revised or expanded fire fighting facilities.
3. 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.
4. Water and Wastewater Facilities. The extension of a sixteen inch (16"}
water transmission main westward to the vicinity of Cullen Road, along the
north side of FM 518, is being designed. Additional capital improvements
will be necessary to provide Wastewater treatment service to Tract. The
City has entered into an agreement with M.U.D. 16 for shared development
and City operation of a Wastewater treatment plant. Extension of City
services, contracting with existing M.U.D.'s and creation of an in -city M.U.D
are all options available to owners of the Tract.
5. Roads and Streets (including lighting). In general, the City will acquire
dominant control of all roads and jurisdiction in, over and under all roads
and streets within the Tract upon annexation, subject to the jurisdiction of
other local governmental entities. State highways and farm -to -market roads
remain the primary responsibility of the Texas Department of
Transportation, for instance. 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 by the City as
necessary. The Tract will be included with other territory in connection with
planning for new, revised, widened, or enlarged roads, streets, or related
facilities.
6. Parks, Playgrounds, and Swimming Pools. These services can be provided
by using existing capital improvements. Additional capital improvements
are not necessary at this time to provide such services to the Tract.
However, the Tract will be included with other territory in connection with
planning for such facilities.
7. Other Publicly -Owned Facilities, Buildings or Service: Additional Services.
In general, 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
5
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.
IV. 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
of the 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.
V. FORCE MAJEURE.
Should a force majeure interrupt the service described herein, the City will resume
services under this Plan within a 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, war 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.
VI. 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.
6
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EXHIBIT "B"
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 178 ACRES OF LAND
LOCATED ALONG SH 288 FROM CLEAR CREEK AND EXTENDING SOUTHWARD
APPROXIMATELY 3,042 FEET IN 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 178 acres of land ("Tract") located along SH 288 from Clear
Creek extending southward approximately 3,042 feet in Brazoria County. The Tract is
described by metes and bounds in "Exhibit A" which is attached to this Plan and to the
annexation ordinance of which this Plan is a part.
11. 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 be at 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
described below.
B. Scope and Quality of Services. Services under this Plan will equal or
exceed the number of services and the level of services in existence in the
Tract prior to annexation. 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.
1
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 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 required by State law. Service will be
provided immediately upon annexation in the case of police, fire
protection and emergency medical service, within thirty days of
annexation for solid waste collection, and within sixty days for all
other services. The statutory services are as follows:
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 Volunteer Fire Department
(VFD) of the City of Pearland will serve the area in
cooperation with VFD's in the area according to mutually
agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency
Medical Service (EMS) will continue to provide emergency
medical service to the Tract under a contract with the City.
d. Solid Waste Collection. Service will be provided to eligible
property by private contractor, under contract with the City.
2
To be eligible for City solid waste collection service, property
must have frontage on a public street and place solid waste
in containers approved for the specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. The Tract
will be served directly by the City using the rates and policies
of the City, except where the City Council approves creation
of an in -city municipal utility district (M.U.D.). Capital
recovery charges or impact fees will be assessed upon
issuance of building permits for lots developed within the
Tract, except when located in a M.U.D.
The City will make Wastewater treatment capacity, either in
existing Wastewater treatment plants or in Wastewater
treatment facilities to be built by the City, available for the
Tract. The cost of connecting to available lines will be the
responsibility of the Tract owners, as it is within the existing
City utility system.
The City will make water available to the Tract from water
system extensions planned to serve the area, except where
the City Council approves creation of an in -city municipal
utility district (M.U.D.). The cost of connecting to available
lines will be the responsibility of the Tract owners, as it is
within the existing City utility system. City ordinances also
provide for the installation of a separate meter for irrigation
systems. A customer with such a meter is billed, but does
not pay a City sewer charge on this water use.
f. Maintenance of Road and Streets (including lighting). The
Department of Public Works will provide maintenance of
roads, streets, and traffic control devices over which the City
will have jurisdiction. Street lighting will be maintained on all
public thoroughfares at the City's expense through a contract
with Houston Light and Power.
g.
Maintenance of Parks, Playgrounds and Swimming Pools.
Since there are no such public facilities within the Tract, any
future maintenance of parks, playgrounds and swimming
pools will result from the acquisition and development of
such by the City Parks and Recreation Department. The
Parks and Recreation Department will include the area in its
planning for future facilities and its acquisition program.
h. Maintenance of Any Other Publicly -Owned Facility, Building
or Service. Those drainage facilities associated with City
maintained public streets will be maintained by the
Department of Public Works. Should any other facilities,
buildings or services be constructed or located by the City
within the Tract, an appropriate City department will provide
maintenance services for them.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided 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. As population in this area
within the City of grows, it will be considered for the
development of additional facilities. 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 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.
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, and any necessary construction or acquisition will begin within two
years of the effective date of this Plan, and be substantially complete before four and one
half years of the effective date of this plan.
1. Police Protection. Additional capital improvements are not necessary at
this time to provide police protection. However, the Tract will be included
with other territory in connection with planning for new, revised, or
expanded public safety facilities.
4
2. Fire Protection. Initial fire protection for the Tract will be provided by using
existing facilities established by the Fire Department, however, the long
term provision of service to the area will require additional capital
improvements. The Tract will be included with other territory in connection
with planning for new, revised or expanded fire fighting facilities.
3. 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.
4. Water and Wastewater Facilities. The extension of a sixteen inch (16")
water transmission main westward to the vicinity of Cullen Road, along the
north side of FM 518, is being designed. Additional capital improvements
will be necessary to provide Wastewater treatment service to Tract. The
City has entered into an agreement with M.U.D. 16 for shared development
and City operation of a Wastewater treatment plant. Extension of City
services, contracting with existing M.U.D.'s and creation of an in -city M.U.D
are all options available to owners of the Tract.
5. Roads and Streets (including lighting). In general, the City will acquire
dominant control of all roads and jurisdiction in, over and under all roads
and streets within the Tract upon annexation, subject to the jurisdiction of
other local governmental entities. State highways and farm -to -market roads
remain the primary responsibility of the Texas Department of
Transportation, for instance. 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 by the City as
necessary. The Tract will be included with other territory in connection with
planning for new, revised, widened, or enlarged roads, streets, or related
facilities.
6. Parks, Playgrounds, and Swimming Pools. These services can be provided
by using existing capital improvements. Additional capital improvements
are not necessary at this time to provide such services to the Tract.
However, the Tract will be included with other territory in connection with
planning for such facilities.
7. Other Publicly -Owned Facilities, Buildings or Service: Additional Services.
In general, 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
5
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.
IV. 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
of the 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.
V. FORCE MAJEURE.
Should a force majeure interrupt the service described herein, the City will resume
services under this Plan within a 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, war 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.
VI. 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.
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