Ord. 0756 12-17-96ORDINANCE NO. 756
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 October
28, 1996, at 6:30 o'clock p.m. and on November 4, 1996, at 6:30 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 445 Acres of land located along FM 518
from the north right-of-way line (100 feet wide) to the south right-of-way line of FM 518
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
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
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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.
PASSED and
APPROVED on first reading this 0?St. day of
, A. D., 1996.
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Tom Reid, Mayor
ATTEST:
C. Benitez, ity Secre
PASSED and APPROVED on second and final reading this J'/(.4._.day of
, A. D., 1996.
ATTEST:
a C. Benitez, C' Secretary
APPR ! VED AS TO FORM:
y ot: s McCullough, City Atto
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Tom Reid, Mayor
98 037306 COPY
Ordinance No. 756
STATE OF TEXAS
COUNTY OF BRAZORIA §
NOTICE CONFIRMING THE ABOLITION
OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 7 PURSUANT TO THE
ANNEXATION THEREOF BY THE CITY OF
PEARLAND
WHEREAS, the City Council of the City of Pearland, Texas, duly annexed that certain tract
of land comprising 445 acres, more or less, pursuant to Ordinance No. 756, passed and approved on
second reading on December 17, 1996; and
WHEREAS, the land contained in Brazoria County Municipal Utility District No. 7 ("MUD
7"), described in Exhibit A attached to this notice, was included in the tract annexed by Ordinance
No. 756, and Texas Local Government Code §43.075(e) provides that, without the requirement of
further action, MUD 7 was abolished by operation of law on the 91 st day following the annexation
became effective; NOW, THEREFORE,
ALL INTERESTED PERSONS ARE HEREBY NOTIFIED that, effective as of March
18,1997, MUD 7 was abolished by operation of law, and all assets, obligations and functions of such
district were assumed by the City of Pearland as of that date.
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME the undersigned authority, �,�;�g gn on the& day of
3 •e 6. mites" who executed the above notice in he bapacity as
of Pearland, Texas.
[Seal]
LISA 0. BONES
=til WAVY PUBUC • STATE BF TEXAS
J,r MY COMMISSION EXPIRES
pn`r SEPTEMBEB 21, 1999
Retum to:
Vinson & Elkins, LLP
1001 Fannin, Suite 2300
Houston, Texas 77002-6760
Attention: Timothy Austin
VEHOI709:63079.1
0/,199�'
personally appeared
e City Secretary of the City
Notary, State oflTexas
EXHIBIT A
PIELD NOTES FDA A
208-2113 ACRE TRACT
DRALOAIIA COURT!. TEXAS
A tract of land containing 2D8.2113 acres (9,060,88S sq. Pt.)
nore or less, being out of the 3oha W. Maxey Survey A-721 and the
Y.T. 1 D.R.R. EurVey A-S06 end being all of Lots 11, 12. 13. 14,
15, 26 and 27 of the Allison Richey cult Coast Home Conpany
Subdivision, Section 20 according to a plat thereof recorded in
Volume 2. Page 23 of the Hap Records of Eraser's County, Teens,
said tract being described'ae follows,
BEGINNING at a 1 inch iron pipe In the north right-of-way line of
EnSth-Biller Road (FH Highway No. 3344} ( 120 feet vide) on the
southeast corner of Lot 15 in the said Allison Richey Gulf Coast
Nome Conpany Subdivision; also being the southeast corner of the
herein described tract;'
THENCE N 09' 36' 54. N. along the north right-of-way line of said
Smith -Miller Road (PM Highway No. 3344) at 1302.55 fact, pass a
concrete monument continuing in all a total distance of 1961.23
fast to a concrete nanuwaat for an angle pain";
THENCE 5 53' 22' 02' 9, continuing along the .1rth right-of-way
line of the,said Sn1tb-Hiller Road (FH Highway NO. 3344). a
distance of 891.27 feet to a concrete nanunentj
THENCE SOUTHWESTERLY with said north right-of-way line of Snith-
Hiller Road (PH Highway No. 3344), along the arc of a 1849.86
foot radius curwe to the right, a distance of 379.96 feet to a
5/9 inch iron rod; said arc having a cenfral angle of 11. 46'. 07'
and being aubtended by a chord bearing S 59' 15' 05' W. 379.29
feet in length;
THENCE N 00' 27. 26' W, at 3104.97 fest pass a 2 1/2 inch iron
pipe sad continuing for a total distance of 3117.14 feet to a 5/8
Sneh iron rod;. •
THENCE 6 09' 54' 23' E, at 1531.41 feet pass ■ 5/8 inch iron rod
and continuing for a total distance of 2196.87 feet to a 5/8 inch
iron rod;
THENCE S uc' a1' 32" E. for a distance of 5.50 feet to a 5/0 inch
iron rod;
VMCIaCE 5 09' 32' Si' z, for a distance of 1641.89 feet to a 5/8
inch iron rod in the west right-of-way line of Hillhouse Road (40
feet vide];
THENCE s DO. 05' 12' E. ainnq the vest right-of-way line of
said Rillhouse Road a distance of 1044.09 feet to a 1 inch iron
pipe at the southeast corner of Lot 27 of said Allison Richey
Golf Coast Home Company Subdivision;
THENCE N 69' 41' 02' W, along the south line of said Lot 27 a
distance of 611.77 fact to a 1 inch iron pipe for the common
corners of Lots 27. 12, 13 and 28 of said Allison Richey Gulf
Coast Name Conpany Subdivision;
THENCE S 00' 03' 44' N, a distanc■ of 1541.66 feet to the PLACE
Or BEGI%NING.
•
97 035794
PEARLAND
IT EX A S ,.
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CERTIFICATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA & HARRIS §
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify
that the attached constitutes a true and correct copy of ORDINANCE NO. 756 -
ANNEXATION OF 445 ACRES OF LAND GENERALLY DESCRIBED AS THE FM 518
CORRIDOR IN BRAZORIA COUNTY INTO THE CITY OF PEARLAND; passed and
approved by City Council on November 25, 1996.
Witness my hand and seal of the City of Pearland, Texas, this 2nd day of
October, 1997, at Pearland, Texas.
&vet/
Wendy S ndorf
Assistant ity Secretary
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, etc.
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
3'g19 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us
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