Ord. 1089 12-09-02ORDINANCE NO. 1089
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
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 5); APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE
SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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
22, 2002, at 7:30 p.m. and on October 29, 2002, at 7:30 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
ORDINANCE NO. 1089
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 territories described in Exhibit "A-1,
A-2 and A-3" attached hereto and made a part hereof, and such territories are 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 582 Acres of Land consisting
of all of Brazoria County Municipal Utility District No. 5 and adjacent portions of
County Road 403 and FM 865, 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
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ORDINANCE NO. 1089
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 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
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ORDINANCE NO. 1089
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.
Section 6. Effective Date. This Ordinance shall become effective on
December 31, 2005.
PASSED and APPROVED on First Reading this the
November , A. D., 2002.
ATTEST:
ETARY
PASSED and APPROVED on Second and Final Reading this the 9th day of
December , A. D., 2002.
TOM REID
MAYOR
rykti
25th
day of
APPROVED AS TO FORM:
DIN M. COKER
CITY ATTORNEY
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EXHIBIT A-1
METES AND BOUNDS DESCRIPTION
396 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER 174, ABSTRACT NUMBER 510,
ABSTRACT NUMBER 310 AND ABSTRACT NUMBER 506
BRAZORIA COUNTY, TEXAS.
All that certain 396 acres of land, more or less, being generally located north of Hughes
Ranch Road (County Road 403), west of City of Pearland Ordinance Number 881, dated
November 23, 1998 as filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 98-053914, east of City of Pearland Ordinance Number 762, dated
December 20, 1996, and south of Brazoria County Municipal Utility District Number Four
as described in Tract B-2 (called 596.3536 acres) of City of Pearland Resolution Number
R80-13 dated June 9, 1980 and being a portion of Brazoria County Municipal Utility
District Number Five, a portion of State Highway Number 288, and the adjacent portion
of Hughes Ranch Road (County Road 403);
All that certain 396 acres of land, more or less, to be annexed into the City of Pearland,
and being located in the J. Crawley Survey, Abstract Number 174, the F. B. Drake
Survey, Abstract Number 510, the H. T. & B. R. R. Company Survey, Abstract Number
310, the F. B. Drake Survey, Abstract Number 506 and being a portion of Brazoria
County Municipal Utility District Number Five as described in Tract A-2 (called 290.8996
acres) of City of Pearland Resolution Number R80-13 dated June 9, 1980, all of Brazoria
County Municipal Utility District Number Five as described in a called 42.51903 acre
tract of City of Pearland Resolution Number R83-37 dated October 24, 1983, all of
Brazoria County Municipal Utility District Number Five as described in a called 34.6923
acre tract as described in City of Pearland Resolution Number R83-41 dated December
12, 1983, the adjacent portion of Hughes Ranch Road (County Road 403), and a
portion of State Highway Number 288, Brazoria County, Texas, and said 396 acre tract
being more particularly described by metes and bounds as follows (bearings and
distances based on said City of Pearland Resolution Number R80-13);
BEGINNING at the southeast corner of said Tract A-2;
1) THENCE S 89° 25' 08" W — 1,435.48' with the common south line of said City of
Pearland Resolution Number R80-13 and north line of said City of Pearland
Ordinance Number 881 to a point;
2) THENCE Southerly 20', more or less, with the west line of said City of Pearland
Ordinance Number 881 to a point;
MUD 5 M&:B-I Page t of3
3) THENCE S 89° 25' 08" W 594.21' with the common south right-of-way line of
Hughes Ranch Road (County Road 403) and the north line of City of Pearland
Ordinance Number 836, dated February 23, 1998 to a point;
4) THENCE S 89° 25' 21" W — 1,492.81' continuing with the common south right -of —
way line Hughes Ranch Road (County Road 403) and the north line of said City of
Pearland Ordinance Number 836 to a point;
5) THENCE S 89° 09' 39" W — 3,725.75' continuing with the common south right-of-
way line of Hughes Ranch Road (County Road 403) and the north line of said City of
Pearland Ordinance Number 836 to a point;
6) THENCE Northerly — 20', more or Tess, to a point;
7) THENCE Westerly — 1,261', more or Tess, with the north line of City of Pearland
Ordinance Number 762, dated December 20, 1996 to a point;
8) THENCE N 00° 11' 34" E — 1,172.90', more or Tess, with the east line of said City of
Pearland Ordinance Number 762 to a point marking the southwest corner of City of
Pearland Ordinance Number 971, dated June 26, 2000 as described in certificate for
order or resolution, dated December 27, 1999 as filed in Official Records of Real
Property of Brazoria County at Clerk's File Number 00-002812;
9) THENCE N 89° 59' 50" E — 766.51' to a point on the east right-of-way line of State
Highway Number 288 and west line of said Tract A-2;
10)THENCE N 05° 31' 54" E — 70.11' with the common east right-of-way line of State
Highway Number 288 and the west line of said Tract A-2 to a point on a curve to
the left having a radius of 11,669.16' and a central angle of 02° 42' 58";
11)THENCE with said curve and continuing with the east right-of-way line of State
Highway Number 288 and the west line of said Tract A-2 an arc distance of 553.15'
and a chord bearing and distance of N 01° 36' 46" E — 553.10' to a point;
12)THENCE N 89° 14' 59" E — 6,797.90' with the common north line of said Tract A-2
and the south line of Brazoria County Municipal Utility District Number Four as
described in Tract B-2 (called 596.3536 acres) of City of Pearland Resolution
Number R80-13 dated June 9, 1980 to a point on a curve to the left having a radius
of 200.00' and a central angle of 89° 30' 50";
13)THENCE with said curve and the common westerly line of said Tract A-2 and the
easterly line of said Tract B-2 an arc distance of 312.46' and a chord bearing and
distance of N 44° 29' 32" E — 281.64' to a point;
MUD 5 M&B-I Page 2 of 3
14)THENCE N 00° 15' 57" W — 1,077.91' continuing with the common west line of said
Tract A-2 and the east line of said Tract B-2 to a point on a curve to the right having
a radius of 370.00' and a central angle of 10° 26' 34";
15)THENCE with said curve and continuing with the common west line of said Tract A-2
and the east line of said Tract B-2 an arc distance of 67.44' and a chord bearing and
distance of N 04° 57' 21" E — 67.34' to a point;
16)THENCE N 89° 32' 06" E — 697.33' with the common north line of said Tract A-2
and the south line of said City of Pearland Ordinance Number 881 to a point;
17)THENCE S 00° 26' 27" E — 464.83' with the common east line of said Tract A-2 and
the west line of City of Pearland Ordinance Number 881 to a point;
18)THENCE N 89° 33' 33" E — 823.19' with the common north line of said City of
Pearland Resolution Number R83-41 and the west line of said City of Pearland
Ordinance Number 881 to a point;
19)THENCE S 00° 29' 17" E — 1,834.09' with the common east line of said City of
Pearland Resolution Number R83-41 and the west line of said City of Pearland
Ordinance Number 881 to a point;
20)THENCE S 89° 33' 33" W — 824.17' with the common south line of said City of
Pearland Resolution Number R83-41 and the west line of said City of Pearland
Ordinance Number 881 to a point;
21)THENCE S 00° 26' 27" E — 827.02' with the common east line of said Tract A-2 and
the west line of said City of Pearland Ordinance Number 881 to the POINT OF
BEGINNING and containing 396 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-66-A-2
08/05/2002
Revised 09/06/2002
MUD 5 M&B-1 Page 3 of 3
EXHIBIT A-2
METES AND BOUNDS DESCRIPTION
115 ACRES MORE OR LESS OUT OF ABSTRACT
NUMBER 215 AND ABSTRACT NUMBER 187
BRAZORIA COUNTY, TEXAS.
All that certain 115 acres of land, more or less, being generally located south of Clear
Creek, west of Cullen Boulevard, north of City of Pearland Ordinance Number 881,
dated November 23, 1998 as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 98-053914, and east of The Lakes at Country Place
Section Two according to the plat thereof as filed in Volume 20, Page 265-268 Brazoria
County Plat Records and being a portion of Brazoria County Municipal Utility District
Number Five and the adjacent portion of Cullen Boulevard;
All that certain 115 acres of land, more or less, to be annexed into the City of Pearland,
and being located in the C. J. Hall Survey, Abstract Number 215, the W. Dodson Survey,
Abstract Number 187 and being a portion of Brazoria County Municipal Utility District
Number Five as described in Tract A-3 (called 112.9153 acres) of City of Pearland
Resolution Number R80-13 dated June 9, 1980 and the adjacent portion of Cullen
Boulevard, Brazoria County, Texas and said 115 acre tract being more particularly
described by metes and bounds as follows (bearings and distances based on said City of
Pearland Resolution Number R80-13);
BEGINNING at the southwest corner of said Tract A-3;
1) THENCE N 23° 08' 01" E — 562.30' with the common line west of said Tract A-3 and
the east line of Brazoria County Municipal Utility District Number Four as described
in Tract B-2 (called 596.3536 acres) of said City of Pearland Resolution Number R80-
13 to a point;
2) THENCE N 24° 09' 02" E — 616.04' continuing with the west line of said Tract A-3 to
a point;
3) THENCE N 42° 46' 02" E — 252.42' continuing with the west line of said Tract A-3 to
a point in the centerline of Clear Creek;
4) THENCE in a Northeasterly and Southeasterly direction with the centerline of Clear
Creek to a point being the most northerly northwest corner of City of Pearland
Ordinance Number 881;
5) THENCE Southerly 1,400.3' with the east right-of-way line of Cullen Boulevard and
the west line of said City of Pearland Ordinance Number 881 to a point;
MUD 5 M&B-2
Paoe I oft
6) THENCE S 89° 32' 07" W — 3,468.47' with the common south line of said Tract A-3
and the north line of said City of Pearland Ordinance Number 881 to the POINT OF
BEGINNING and containing 115 acres of land, more of less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-66-A3
08/02/2002
Revised 09/06/2002
MUD 5 M&B-2 Page 2 of 2
EXHIBIT A-3
METES AND BOUNDS DESCRIPTION
71 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER 506
BRAZORIA COUNTY, TEXAS.
All that certain 71 acres of land, more or less, being generally located south of Hughes
Ranch Road (County Road 403), west of Cullen Boulevard, east of Sterling Estates
(unrecorded) and north of City of Pearland Ordinance Number 881 dated November 23,
1998 as filed under County Clerks File Number 98-053914 Brazoria County Official
Records and being a portion of Brazoria County Municipal Utility District Number Five;
All that certain 71 acres, more or less, to be annexed into the City of Pearland, and
being located in the F. B. Drake Survey, Abstract Number 506 and being all of City of
Pearland Resolution Number R95-73 being a portion of Brazoria County Municipal Utility
District Number Five dated December 11, 1995 as described in a certificate for order or
resolution dated April 16, 1996 as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 96-013296 and being all of Crystal Lake Subdivision,
Section One according to the plat thereof filed in Volume 19, Page 543-544 Brazoria
County Plat Records and all of Crystal Lake Subdivision, Section Two according to the
plat thereof filed in Volume 19, Page 773-774 Brazoria County Plat Records, Brazoria
County, Texas, and said 71 acre tract being more particularly described by metes and
bounds as follows (bearings and distances based on said City of Pearland Resolution
Number R95-73);
BEGINNING at the southwest corner of said City of Pearland Resolution Number R95-
73, and the southwest corner of said Crystal Lake Subdivision Section Two.
1) THENCE North — 1,541.60' with the west line of said City of Pearland Resolution
Number R95-73 and the west line of said Crystal Lakes to a point;
2) THENCE S 89° 45' 00" E — 2,444.10' with the common north line of said City of
Pearland Resolution Number R95-73 and the south line of said City of Pearland
Ordinance Number 881 to a point;
3) THENCE South 602.50' with the common east line of City of Pearland Resolution
Number R95-73 and the west right-of-way line of Cullen Boulevard to a point;
THENCE the following four (4) courses with the common east line of said City of
Pearland Resolution Number R95-73, and said Crystal Lake Subdivision, Section One
and an interior line of said City of Pearland Ordinance Number 881;
4) THENCE N 89° 41' 00" W — 671.80' to a point;
MUD 5 M&B-3
Page 1 of 2
5) THENCE South — 416.60' to a point;
6) THENCE N 89° 41' 00" W — 109.10' to a point;
7) THENCE South — 524.60' to a point;
8) THENCE N 89° 42' 30" W — 1,663.30' with the south line of said City of Pearland
Resolution Number R95-73 to the POINT OF BEGINNING and containing 71 acres of
land more or Tess.
'This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-66-5CL
08/05/2002
Revised 09/06/2002
MUD 5 M&B-3
Page 2 of 2
EXHIBIT
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 582 ACRES OF LAND, MORE OR LESS, CONSISTING OF
ALL OF BRAZORIA COUNTY MUNICIPAL DISTRICT NUMBER FIVE AND
ADJACENT PORTIONS OF COUNTY ROAD 403 AND FM 865, INCLUDING 396
ACRES MORE OR LESS OUT OF ABSTRACT NUMBER 174, ABSTRACT NUMBER
510, ABSTRACT NUMBER 310 AND ABSTRACT NUMBER 506, 115 ACRES MORE
OR LESS OUT OF ABSTRACT NUMBER 215 AND ABSTRACT NUMBER 187, AND
71 ACRES MORE OR LESS OUT OF ABSTRACT NUMBER 506, BRAZORIA
COUNTY, TEXAS.
Generally located in three tracts: north of Hughes Ranch Road
(County Road 403), west of City of Pearland Ordinance Number 881,
dated November 23, 1998 as filed in Official Records of Real
Property of Brazoria County at Clerk's File Number 98-053914,
east of City of Pearland Ordinance Number 762, dated December 20,
1996, and south of Brazoria County Municipal Utility District
Number Four as described in Tract B-2 (called 596.3536 acres) of
City of Pearland Resolution Number R80-13 dated June 9, 1980 and
being a portion of Brazoria County Municipal Utility District
Number Five, a portion of State Highway Number 288, and the
adjacent portion of Hughes Ranch Road (County Road 403); and
south of Clear Creek, west of Cullen Boulevard (FM 865), north of
City of Pearland Ordinance Number 881, dated November 23, 1998 as
filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 98-053914, and east of The Lakes at Country
Place Section Two according to the plat thereof as filed in
Volume 20, Page 265-268 Brazoria County Plat Records and being a
portion of Brazoria County Municipal Utility District Number Five
and the adjacent portion of Cullen Boulevard; and south of Hughes
Ranch Road (County Road 403'), west of Cullen Boulevard, east of
Sterling Estates (unrecorded) and north of City of Pearland
Ordinance Number 881 dated November 23, 1998 as filed under
County Clerks File Number 98-053914 Brazoria County Official
Records and being a portion of Brazoria County Municipal Utility
District Number Five.
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
land located adjacent to the city limits and encompassing approximately 582 acres in Brazoria
County Texas. The Tract is described by metes and bounds in "Exhibit A-1", "Exhibit A-2", and
"Exhibit A-3" and by map in "Exhibit A-4" which are 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 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
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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. This Plan will provide a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance currently provided and
available in other parts of the municipality with topography, land use, and
population density similar to the Tract. 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.
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 that meets or exceeds that required by State law.
The following services will be provided in accordance with Standard
Policies and Procedures immediately upon the effective date of the
annexation:
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
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of the Department.
b. Fire Protection: The Pearland Volunteer Fire Department (VFD)
of the City of Pearland will continue serve the area in cooperation
with other VFDs, 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. To be
eligible for City solid waste collection service, property must have
frontage on a public street or other approved location and place
solid waste in containers approved for the specific type of
occupancy. Any person currently being serviced by a privately
owned solid waste management service provider may continue to
use that service for two years after the effective date of the
annexation.
e. Operation and Maintenance of Water and Wastewater Facilities:
Existing public water and wastewater facilities, if any, will be
operated and maintained by the City or by private contractor under
contract to the City.
f. Operation and Maintenance of Road and Streets (including
lighting): Existing public roads and streets, including lighting and
traffic control devices, if any, will be operated and maintained by
the City, subject to the jurisdiction of other governmental entities.
State highways and farm -to -market roads remain the primary
responsibility of the Texas Department of Transportation, for
instance. Existing roadside drainage ditches not maintained under
the jurisdiction of another entity will be operated and maintained
by the City.
g.
Operation and Maintenance of Parks, Playgrounds and Swimming
Pools: Existing public parks, playgrounds, and swimming pools, if
any, will be operated and maintained by the City. Facilities owned
and operated by homeowner's associations (HOAs) will continue
to be owned and operated by the respective HOAs.
h. Operation and Maintenance of Any Other Publicly -Owned
Facility, Building or Service. Existing publicly owned or operated
facilities, buildings, or services, if any, will be operated and
maintained by the City or by private contractor under contract to
the City.
2. Additional Services. Certain services, in addition to the statutory services,
will be provided in accordance with Standard Policies and Procedures
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. 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 City 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.
As necessary, 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. Access to the improvements will be in accordance with Standard Policies and
Procedures. The improvements shall be completed as soon as reasonably possible and shall be
substantially completed within the time period indicated below.
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2 . Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be
4
included with other territory in connection with planning for new revised or
expanded solid waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to provide water and wastewater service to the Tract. After
the effective date of annexation, the cost of future connections to available water
and sewer lines will be the responsibility of the Tract owners, as it is within the
existing City utility system following standard policies and procedures. After the
effective date of annexation, capital recovery charges or impact fees also will be
assessed at the time of future connections to the City's utility system or upon
issuance of building permits for lots developed within the Tract.
The City will make wastewater treatment capacity in existing or future
wastewater treatment plants built and operated by the City available for the Tract.
The City will make potable water supply from existing or future sources built and
operated by the City available to the Tract. The City currently operates its own
ground water wells and purchases wholesale surface water via contract from third
parties.
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6. Roads and Streets (including lighting): 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 in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly -Owned Facilities, Buildings or Services: All 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 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
AFFIDAVIT OF PUBLICATION
110
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for ) issues, as follows:
No. / Date oC`f 20 z-
No Date 20
No. Date 20
No. Date 20
No. Date 20
‘H/ya
President
f
Subscribe and sworn to before me this ( day of
20 oZ
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Annexation (396 acres)
Pub. 10/9/02
Published Oct. 9, 2002
PUBLIC NOTICE
NOTICE OF PUBLIC
HEARING ON
ANNEXATION
Notice is hereby given that a
public hearing will be held by
the City Council of the City of
Pearland, Texas, in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, at 7:30 P.M. on
October 22, 2002, for the pur-
pose of considering annexa-
tion into the city limits of the
following property:
All that certain 396 acres of
land, more or less, being gen-
erally located north of
Hughes Ranch Road (County
Road 403), west of City of
Pearland Ordinance Number
881, dated November 23,
1998 as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-053914, east
of City of Pearland Ordinance
Number 762, dated
December 20, 1996, and
south of Brazoria County
Municipal Utility District
Number Four as described in
Tract B-2 (called 596.3536
acres) of City of Pearland
Resolution Number R80-13
dated June 9, 1980 and being
a portion of Brazoria County
Municipal Utility District
Number Five, a portion of
State Highway Number 288,
and the adjacent portion of
Hughes Ranch Road (County
Road 403);
All that certain 396 acres of
land; more or less, to be
annexed into the City of
Pearland, and being located
in the J. Crawley Survey,
Abstract Number 174, the F.
B. Drake Survey, Abstract
Number 510, the H. T. & B. R.
R. Company Survey, Abstract
Number 310, the F. B. Drake
Survey, Abstract Number 506
and being a portion of
Brazoria County Municipal
Utility District Number Five as
described in Tract A-2 (called
290.8996 acres) of City of
Pearland Resolution Number
R80-13 dated June 9, 1980,
all of Brazona County
Municipal Utility District
Number Five as described in
a called 42.51903 acre tract
of City of Pearland Resolution
Number R83-37 dated
October 24, 1983, all of
Brazoria County Municipal
Utility District Number Five as
described in a called 34.6923
acre tract as described in City
of Pearland Resolution
Number R83-41 dated
December 12, 1983, the
adjacent portion of Hughes
Ranch Road (County Road
403), and a portion of State
Highway Number 288,
Brazoria County, Texas, and
said 396 acre tract being
more particularly described
by metes and bounds as fol-
lows (bearings and distances
based on said City of
Pearland Resolution Number
R80-13);
BEGINNING at the southeast
comer of said Tract A-2;
1) THENCE S 89° 25' 08" W
1,435.48' with the common
south line of said City of
Pearland Resolution Number
R80-13 and north line of said
City of Pearland Ordinance
Number 881 to a point;
2) THENCE Southerly 20',
more or less, with the west
line of said City of Pearland
Ordinance Number 881 to a
point;
3) THENCE S 89° 25' 08" W
594.21' with the common
south right-of-way line of
Hughes Ranch Road (County
Road 403) and the north line
of City of Pearland Ordinance
Number 836, dated February
29, 1998 to a point;
4 ) THENCE S 89° 25' 21" W
1,492.81' continuing with the
common south right-of-way
line Hughes Ranch Road
(County Road 403) and the
north line of said City of
Pearland Ordinance Number
836 to a point;
5) THENCE S 89° 09' 39" W
3,725.75' continuing with the
common south right-of-way
line of Hughes Ranch Road
(County Road 403) and the
north line of said City of
Pearland Ordinance Number
836 t0 a point;
6) THENCE Northerly 20',
more or less, to a point;
7) THENCE Westerly 1,261',
more or less, with the north
line of City of Pearland
Ordinance Number 762,
dated December 20, 1996 to
a point;
8) THENCE N 00° 11' 34" E
1,172.90', more or less, with
the east line of said City of
Pearland Ordinance Number
762 to a point marking the
southwest comer of City of
Pearland Ordinance Number
971, dated June 26, 2000 as
described in certificate for
order or resolution, dated
December 27, 1999 as filed
in Official Records of Real
Property of Brazoria County
at Clerk's File Number 00-
002812;
9) THENCE N 89° 59' 50" E
766.51' to a point on the east
right-of-way line of State
Highway Number 288 and
west line of said Tract A-2;
10) THENCE N 05° 31' 54" E
70.11' with the common east
right-of-way line of State
Highway Number 288 and the
west line of said Tract A-2 to
a point on a curve to the left
having a radius of 11,669.16'
and a central angle of 02° 42'
58";
11) THENCE with said curve
and continuing with the east
right-of-way line of State
Highway Number 288 and the
west line of said Tract A-2 an
arc distance of 553.15' and a
chord bearing and distance of
N 01 ° 36' 46" E 553.10' to a
point;
12) THENCE N 89° 14' 59" E
6,797.90' with the common
north line of said Tract A-2
and the south line of Brazoria
County Municipal Utility
District Number Four as
described in Tract B-2 (called
596.3536 acres) of City of
Pearland Resolution Number
R80-13 dated June 9, 1980 to
a point on a curve to the left
having a radius of 200.00'
and a central angle of 89° 30'
50";
13) THENCE with said curve
and the common westerly line
of said Tract A-2 and the
easterty line of said Tract B-2
an arc distance of 312.46'
and a chord bearing and dis-
tance of N 44° 29' 32" E -
281.64' to a point;
14) THENCE N 00°
15' 57" W- 1,077.91' contin-
uing with the common west
line of said Tract A-2 and the
east line of said Tract B-2 to a
point on a curve to the right
having a radius of 370.00'
and a central angle of 10° 26'
34";
15) THENCE with said curve
and continuing with the com-
mon west line of said Tract A-
2 and the east line of said
Tract B-2 an arc distance of
67.44' and a chord bearing
and distance of N 04° 57' 21"
E 67.34' to a point;
16) THENCE N 89° 32' 06" E
697.33' with the common
north line of said Tract A-2
and the south line of said City
of Pearland Ordinance
Number 881 to a point;
17) THENCE S 00° 26' 27" E
464.83' with the common
east line of said Tract A-2 and
the west line of City of
Pearland Ordinance Number
881 to a point;
18) THENCE N 89° 33' 33" E
823.19' with the common
north line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
19)THENCE S00°29'17"E
1,834.09' with the common
east line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
20) THENCE S 89° 33' 33" W
824.17' with the common
south line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
21) THENCE S 00° 26' 27" E
827.02' with the common
east line of said Tract A-2 and
the west line of said City of
Pearland Ordinance Number
881 to the Pant Of Beginning
and containing 396 acres of
land more or less; and
All that certain 71 acres of
land, more or less, being gen-
erally located south of
Hughes Ranch Road (County
Road 403), west of Cullen
Boulevard, east of Sterling
Estates (unrecorded) and
north of City of Pearland
Ordinance Number 881 dated
November 23, 1998 as filed
under County Clerks File
Number 98-053914 Brazoria
County Official Records and
being a portion of Brazoria
County Municipal Utility
District Number Five;
All that certain 71 acres,
more or less, to be annexed
into the City of Pearland, and
being located in the F. B.
Drake Survey, Abstract
Number 506 and being all of
City of Pearland Resolution
Number R95-73 being a por-
tion of Brazoria County
Municipal Utility District
Number Five dated
December 11, 1995 as
described in a certificate for
order or resolution dated April
16, 1996 as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 96-013296 and
being all of Crystal Lake
Subdivision, Section One
according to the plat thereof
filed in Volume 19, Page 543-
544 Brazoria County Plat
Records and all of Crystal
Lake Subdivision, Section
Two according to the plat
thereof filed in Volume 19,
Page 773-774 Brazoria
County Plat Records,
Brazoria County, Texas, and
said 71 acre tract being more
particularly described by
metes and bounds as follows
(bearings and distances
based on said City of
Pearland Resolution Number
R95-73);
BEGINNING at the southwest
comer of said City of
Pearland Resolution Number
R95-73, and the southwest
comer of said Crystal Lake
Subdivision Section Two.
1) THENCE North 1,541.60'
with the west line of said City
of Pearland Resolution
Number R95-73 and the west
line of said Crystal Lakes to a
point;
2) THENCE S 89° 45' 00" E
2,444.10' with the common
north line of said City of
Pearland Resolution Number
R95-73 and the south line of
said City of Pearland
Ordinance Number 881 to a
point;
3) THENCE South 602.50'
with the common east line of
City of Pearland Resolution
Number R95-73 and the west
right-of-way line of Cullen
Boulevard to a point;
4) THENCE the following four
(4) courses with the common
east line of said City of
Pearland Resolution Number
R95-73, and said Crystal
Lake Subdivision, Section
One and an interior line of
said City of Pearland
Ordinance Number 881;
5) THENCE N 89° 41' 00" W
671.80' to a point;
6) THENCE South 416.60' to
a point;
7) THENCE N 89° 41' 00" W
109.10' to a point;
8) THENCE South 524.60' to
a point;
9) THENCE N 89° 42' 30" W
1,663.30' with the south line
of said City of Pearland
Resolution Number R95-73
to the POINT OF BEGIN-
NING and containing 71
acres of land more or less:
and
All that certain 115 acres of
land, more or less, being gen-
erally located south of Clear
Creek, west of Cullen
Boulevard, north of City of
Pearland Ordinance Number
881, dated November 23,
1998 as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-053914, and
east of The Lakes at Country
Place Section Two according
to the plat thereof as filed in
Volume 20, Page 265-268
Brazoria County Plat Records
and being a portion of
Brazoria County Municipal
Utility District Number Five
and the adjacent portion of
Cullen Boulevard;
All that certain 115 acres of
land, more or less, to be
annexed into the City of
Pearland, and being located
in the C. J. Hall Survey,
Abstract Number 215, the W.
Dodson Survey, Abstract
Number 187 and being a por-
tion of Brazoria County
Municipal Utility District
Number Five as described in
Tract A-3 (called 112.9153
acres) of City of Pearland
Resolution Number R80-13
dated June 9, 1980 and the
adjacent portion of Cullen
Boulevard, Brazoria County,
Texas and said 115 acre tract
being more particularly
described by metes and
bounds as follows (bearings
and distances based on said
City of Pearland Resolution
Number R80-13);
BEGINNING at the southwest
comer of said Tract A-3;
1) THENCE N 23° 08' 01" E
562.30' with the common line
west of said Tract A-3 and the
east line of Brazoria County
Municipal Utility District
Number Four as described in
Tract B-2 (called 596.3536
acres) of said City of
Pearland Resolution Number
R80.13 to a point; -
2) THENCE N 24° 09' 02" E
616.04' continuing with the
"west line of said Tract A-3 to
a point;
3) THENCE N 42° 46' 02" E
252.42' continuing with the
west line of said Tract A-3 to
a point in the centerline of
Clear Creek;
4) THENCE in a
Northeasterly and
Southeasterly direction with
the centerline of Clear Creek
to a point being the most
northerly northwest comer of
City of Pearland Ordinance
Number 881;
5) THENCE Southerly
1,400.3' with the east right-of-
way line of Cullen Boulevard
and the west line of said City
of Pearland Ordinance
Number 881 to a point;
6) THENCE S 89° 32' 07" W
3,468.47' with the common
south line of said Tract A-3
and the north line of said City
of Pearland Ordinance
Number 881 to the POINT OF
BEGINNING and containing
115 acres of land, more of
less.
"This document was pre-
pared under 22 TAC 663.21,
does not reflect the results of
an on the ground survey, and
is not to be used to convey or
establish interests in real
property except those rights
and interests implied or
established by the creation or
reconfiguration of the bound-
ary of the political subdivision
for which it was prepared."
This metes and bounds
description is accompanied
by a separate plat, drawing or
exhibit per Texas Board of
Professional Land Surveyor's
"General Rules of
Procedures and Practices"
Section 663.19(9).
All interested citizens and
property owners are hereby
notified of their right to
appear and be heard on the
matter.
/s/ Yourg Lorfing
City Secretary
This site is accessible to dis-
abled individuals. For special
assistance, such as the need
for deaf interpreters or braille
materials, please call Young
Lorfing at 281-652-1600,
prior to the meeting so that
appropriate arrangements
can be made.
Published Oct. 16, 2002
NOTICE OF
PUBLIC HEARING ON
ANNEXATION
Notice is hereby given that a
public hearing will be held by.
the City Council of the City of
Pearland, Texas, in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, at 7:30 p.m. on
October 29, 2002, for the pur-
pose of considering annexa-
tion into the city limits of the
following property:
All that certain 396 acres of
land, more or less, being gen-
erally located north of
Hughes Ranch Road (County
Road 403), west of City of
Pearland Ordinance Number
881, dated November 23,
1998 as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-053914, east
of City of Pearland Ordinance
Number 762, dated
December 20, 1996, and
south of Brazoria County
Municipal Utility District
Number Four as described in
Tract B-2 (called 596.3536
acres) of City of Pearland
Resolution Number R80-13
dated June 9, 1980 and being
a portion of Brazoria County
Municipal Utility District
Number Five, a portion of
State Highway Number 288,
and the adjacent portion of
Hughes Ranch Road (County
Road 403);
All that certain 396 acres of
land, more or less, to be
annexed into the City of
Pearland, and being located
in the J. Crawley Survey,
Abstract Number 174, the F.
B. Drake Survey, Abstract
Number 510, the H. T. & B. R.
R. Company Survey, Abstract
Number 310, the F. B. Drake
Survey, Abstract Number 506
and being a portion of
Brazoria County Municipal
Utility District Number Five as
described in Tract A-2 (called
290.8996 acres) of City of
Pearland Resolution Number
R80-13 dated June 9, 1980,
all of Brazoria County
Municipal Utility District
Number Five as described in
a called 42.51903 acre tract
of City of Pearland Resolution
Number R83-37 dated
October 24, 1983, all of
Brazoria County Municipal
Utility District Number Five as
described in a called 34.6923
acre tract as described in City
of Pearland Resolution
Number R83-41 dated
December 12, 1983, the
adjacent portion of Hughes
Ranch Road (County Road
403), and a portion of State
Highway Number 288,
Brazoria County, Texas, and
said 396 acre tract being
more particularly described
by metes and bounds as fol-
lows (bearings and distances
based on said City of
Pearland Resolution Number
R80-13);
6) THENCE Northerly - 20',
more or less, to a point;
7) THENCE Westerly -
1,261', more or less, with the
north line of City of Pearland
Ordinance Number 762,
dated December 20, 1996 to
a point;
8) THENCE N 00° 11' 34" E
- 1,172.90', more or less,
with the east line of said City
of Pearland Ordinance
Number 762 to a point mark-
ing the southwest corner of
City of Pearland Ordinance
Number 971, dated June 26,
2000 as described in certifi-
cate for order or resolution,
dated December 27, 1999 as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 00-002812;
9) THENCE N 89° 59' 50" E
BEGINNING at the southeast - 766.51' to a point on the
corner of said Tract A-2; east right-of-way line of State
Highway Number 288 and
1) THENCE S 89° 25' 08" W west line of said Tract A-2;
-1,435.48' with the common
south line of said City of 10) THENCE N 05° 31' 54" E
Pearland Resolution Number - 70.11' with the common
R80-13 and north line of said east right-of-way line of State
City of Pearland Ordinance Highway Number 288 and the
Number 881 to a point; west line of said Tract A-2 to
a point on a curve to the left
2) THENCE Southerly 20', having a radius of 11,669.16'
more or less, with the west and a central angle of 02° 42'
line of said City of Pearland 58";
Ordinance Number 881 to a
point; 11) THENCE with said curve
and continuing with the east
3) THENCE S 89° 25' 08" W right-of-way line of State
- 594.21' with the common Highway Number 288 and the
south right-of-way line of west line of said Tract A-2 an
Hughes Ranch Road (County arc distance of 553.15' and a
Road 403) and the north line chord bearing and distance of
o1 City of Pearland Ordinance N 01 ° 36' 46" E - 553.10' to
Number 836, dated February a point;
23, 1998 to a point;
4) THENCE S 89° 25' 21" W
- 1,492.81' continuing with
the common south right -of
-way line Hughes Ranch
Road (County Road 403) and
the north line o1 said City of
Pearland Ordinance Number
836 to a point;
5) THENCE S 89° 09' 39" W
- 3,725.75' continuing with
the common south right-of-
way line of Hughes Ranch
Road (County Road 403) and
the north line of said City of
Pearland Ordinance Number
836 to a point;
12) THENCE N 89° 14' 59" E
- 6,797.90' with the common
north line of said Tract A-2
and the south line of Brazoria
County Municipal Utility
District Number Four as
described in Tract B-2 (called
596.3536 acres) of City of
Pearland Resolution Number
R80-13 dated June 9, 1980 to
a point on a curve to the left
having a radius of 200.00'
and a central angle of 89° 30'
50";
13) THENCE with said curve
and the common westerly line
of said Tract A-2 and the
easterly line of said Tract B-2
an arc distance of 312.46'
and a chord bearing and dis-
tance o1 N 44° 29' 32" E -
281.64' to a point;
14) THENCE N 00° 15' 57" W
- 1,077.91' continuing with
the common west line of said
Tract A-2 and the east line of
said Tract B-2 to a point on a
curve to the right having a
radius of 370.00' and a cen-
tral angle of 10° 26' 34";
15) THENCE with said curve
and continuing with the com-
mon west line of said Tract A-
2 and the east line of said
Tract B-2 an arc distance of
67.44' and a chord bearing
and distance of N 04° 57' 21"
E - 67.34' to a point;
16) THENCE N 89° 32' 06" E
- 697.33' with the common
north line of said Tract A-2
and the south line of said City
of Pearland Ordinance
Number 881 to a point;
17) THENCE S 00° 26' 27" E
- 464.83' with the common
east line of said Tract A-2 and
the west line of City of
Pearland Ordinance Number
881 to a point;
18) THENCE N 89° 33' 33" E
- 823.19' with the common
north line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
19) THENCE S 00° 29' 17" E
-1,834.09' with the common
east line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
20) THENCE S 89° 33' 33" W
- 824.17' with the common
south line of said City of
Pearland Resolution Number
R83-41 and the west line of
said City of Pearland
Ordinance Number 881 to a
point;
21) THENCE S 00° 26' 27" E BEGINNING at the southwest
— 827.02' with the common corner of said City of
east line of said Tract A-2 and Pearland Resolution Number
the west line of said City of R95-73, and the southwest
Pearland Ordinance Number corner of said Crystal Lake
881 to the POINT OF BEGIN- Subdivision Section Two.
NING and containing 396
acres of land more or less; 1) THENCE North -
and 1,541.60' with the west line of
said City of Pearland
All that certain 71 acres of Resolution Number R95-73
land, more or less, being gen- and the west line of said
erally located south of Crystal Lakes to a point;
Hughes Ranch Road (County
Road 403), west of Cullen 2) THENCE S 89° 45' 00" E
Boulevard, east of Sterling — 2,444.10' with the common
Estates (unrecorded) and north line of said City of
north of City of Pearland Pearland Resolution Number
Ordinance Number 881 dated R95-73 and the south line of
November 23, 1998 as filed said City of Pearland
under County Clerks File Ordinance Number 881 to a
Number 98-053914 Brazoria point;
County Official Records and
being a portion of Brazoria 3) THENCE South 602.50'
County Municipal Utility with the common east line of
District Number Five; City of Pearland Resolution
Number R95-73 and the west
All that certain 71 acres, right-of-way line of Cullen
more or less, to be annexed Boulevard to a point;
into the City of Pearland, and
being located in the F. B. 4) THENCE the following four
Drake Survey, Abstract (4) courses with the common
Number 506 and being all of east line of said City of
City of Pearland Resolution Pearland Resolution Number
Number R95-73 being a por- R95-73, and said Crystal
tion of Brazoria County Lake Subdivision, Section
Municipal Utility District One and an interior line of
Number Five dated said City of •Pearland
December 11, 1995 as Ordinance Number 881;
described in a certificate for
order or resolution dated April 5) THENCE N 89° 41' 00" W
16, 1996 as filed in Official — 671.80' to a point;
Records of Real Property of
Brazoria County at Clerk's 6) THENCE South 416.60'
File Number 96-013296 and to a point;
being all of Crystal Lake
Subdivision, Section One 7) THENCE N 89° 41' 00" W
according to the plat thereof —109.10' to a point;
filed in Volume 19, Page 543-
544 Brazoria County Plat 8) THENCE South - 524.60'
Records and all of Crystal to a point;
Lake Subdivision, Section
Two according to the plat 9) THENCE N 89° 42' 30" W
thereof filed in Volume 19, — 1,663.30' with the south
Page 773-774 Brazoria line of said City of Pearland
County Plat Records, Resolution Number R95-73
Brazoria County, Texas, and to the POINT OF BEGIN -
said 71 acre tract being more NING and containing 71
particularly described by acres of land more or less:
metes and bounds as follows and
(bearings • and distances
based on said City of
Pearland Resolution Number
R95-73); .
All that certain 115 acres of
land, more or less, being gen-
erally located south of Clear
Creek, west of Cullen
Boulevard, north of City of
Pearland Ordinance Number
881, dated November 23,
1998 as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-053914, and
east of The Lakes at Country
Place Section Two according
to the plat thereof as filed in
Volume 20, Page 265-268
Brazoria County Plat Records
and being a portion of
Brazoria County Municipal
Utility District Number Five
and the adjacent portion of
Cullen Boulevard;
All that certain 115 acres of
land, more or less, to be
annexed into the City of
Pearland, and being located
in the C.. J. Hall Survey,
Abstract Number 215, the W.
Dodson Survey, Abstract
Number 187 and being a por-
tion of Brazoria County
Municipal Utility District
Number Five as described in
Tract A-3 (called 112.9153
acres) of City of Pearland
Resolution Number R80-13
dated June 9, 1980 and the
adjacent portion of Cullen
Boulevard, Brazoria County,
Texas and said 115 acre tract
being more particularly
described by metes and
bounds as follows (bearings
and distances based on said
City of Pearland Resolution
Number R80-13)
BEGINNING at the southwest
corner of said Tract A-3
1) THENCE N 23° 08' 01" E -
562.30' with the common line
west of said Tract A-3 and the
east line of Brazoria County
Municipal Utility District
Number Four as described in
Tract B-2 (called 596.3536
acres) of said City of
Pearland Resolution Number
R80-13 to a point;
2) THENCE N 24° 09' 02" E
— 616.04' continuing with the
west line of said Tract A-3 to
a point;
3) THENCE N 42° 46' 02" E
— 252.42' continuing with the
west line of said Tract A-3 to
a point in the centerline of
Clear Creek;
4) THENCE in a Northeast-
erly and Southeasterly direc-
tion with the centerline of
Clear Creek to a point being
the most northerly northwest
corner of City of Pearland
Ordinance Number 881;
5) THENCE Southerly
1,400.3' with the east right-of-
way line of Cullen Boulevard
and the west line of said City
of Pearland Ordinance
Number 881 to a point;
6) THENCE S 89° 32' 07" W
- 3,468.47' with the common
south. line of said Tract A-3
and the north line of said City
of Pearland Ordinance
Number 881 to the POINT OF
BEGINNING and containing
115 acres of land, more of
less.
"This document was pre-
pared under 22 TAC 663.21,
does not reflect the results of
an on the ground survey, and
is not to be used to convey or
establish interests in real
property except those rights
and interests implied or
established by the creation or
reconfiguration of the bound-
ary of the political subdivision
for which it was prepared."
This metes and bounds
description is accompanied
by a separate plat, drawing or
exhibit per Texas Board of
Professional Land Surveyor's
"General Rules of
Procedures and Practices"
Section 663.19(9).
All interested citizens and
property owners are hereby
notified of their right to
appear and be heard on the
matter.
/s/ Young Lorfing
City Secretary
This site is accessible to dis-
abled individuals. For special
assistance, such as the need
for deaf interpreters or braille
materials, please call Young
Lorfing at 281-652-1600,
prior to the meeting so that
appropriate arrangements
can be made.
Doc* 2006002237
PEARLANDTEX A
I
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FORT BEND. §
ORIGINAL
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. 1089; duly passed
and approved on its Second and Final Reading by the City Council on the 9th day
December, 2002.
Witness my hand and seal of the City of Pearland, Texas, this 9th day of January,
2006, at Pearland, Texas.
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
aro Printed on Recycled Paper
e. This Agreement has been duly adopted by the City and the District after
conducting two public hearings at which members of the public who wanted to present
testimony or evidence regarding the Agreement were given the opportunity to do so. Notice
of each hearing was published in the format required by Tex. Local Gov't Code, §43.123(b)
and was published at least once on or after the 20th day before each public hearing.
Article 2
ANNEXATION OF THE DISTRICT
2.01. Annexation procedures. Because the District is, pursuant to this Agreement, an area
that is the subject of a strategic partnership agreement, the City is not required to include the District
in its Annexation Plan pursuant to Tex. Local Gov't Code, §43.052. At the time that the City
undertakes to annex the District for full -purposes in accordance with this agreement, the City shall
follow the procedures and provide the level ofservices described in Local Government Code Chapter
43, Subchapter C-1. Upon the full -purpose annexation of the territory within the District by the City,
the District shall continue to exist for a period of time after annexation until the occurrence of the
full -purpose annexation conversion date specified herein, and in accordance with Texas Local
Government Code, §43.0751 (h).
2.02. Operations prior to annexation. Prior to the full -purpose annexation conversion date,
except as may be specifically provided in this Agreement, the District is authorized to exercise all
powers and functions of a municipal utility district provided by law, including, without limiting the
foregoing, the power to incur additional debts, liabilities, or obligations, to construct additional
utility facilities, or to contract with others for the provision and operation thereof, or sell or otherwise
transfer property without prior approval of the City, and the exercise of such powers is hereby
approved by the City; provided that the authority granted hereby shall be limited to actions in
compliance with the City Fonsent.
03=Full Purpore kiiT ezatiori Conversion -'Date: In accordance with Texas Local
Governmen Code 43.0751(f)(5)(A), the Fu11-Purpose Annexation Conversion Date shalLoccur`-nii --
=December.31, 2005. On the Full -Purpose Annexation Conversion Date, the land included m the
`boundaries of the District shall be deemed to be within the incorporated limits of the City without
need for further action by the City or District.
2.04 Continuation of the District following annexation. Upon annexation of the District
under the provisions of Section 2.01, above, the District will continue to exist for an extended period
to allow for the completion of District operations and the integration of the District's system into the
City's system, following which period the City shall act to abolish the District in accordance with
applicable law; provided that, if the City has not abolished the District within 90 days after
annexation, the District shall be automatically abolished on the 91st day. At such time, the City will
assume all rights, assets, liabilities and obligations of the District (including all obligations to
reimburse the developers within the District) and the District will not be continued or converted for
limited purposes. Upon annexation, fees and charges imposed on residents of the former District
for services provided by the City shall be equal to those fees and charges imposed on all other
residents of the City.
::ODMA\M110DMA11MANAGE:342628:1 3
RESOLUTION NO. R2002-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT AND SALES
AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 5.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Strategic Partnership Agreement and Sales and Use Tax
Agreement by and between the City of Pearland and Brazoria County Municipal Utility
District No. 5, copies of which are attached hereto as Exhibits "A" & "B" and made a part
hereof for all purposes, are hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Strategic Partnership•Agreement and Sales and Use Tax
Agreement with Brazoria County Municipal Utility District No. 5.
PASSED, APPROVED and ADOPTED this the 25th day of November
A.D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Yi
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
September 22, 2005
Mr. Young Lorfing
City Secretary
City of Pearland
3523 Liberty Drive
Pearland, Texas 77581
Dear Mr. Lorfing:
We have received annexation ordinance no. 1089 and the map indicating the areas in Brazoria
County MUD No. 5 to be annexed for full purpose into the City of Pearland effective January 1,
2006. We have updated our records to reflect the end of the Stragetic Partnership Agreement in
that area effective December 31, 2005.
The businesses in those areas have been notified to continue to collect the City of Pearland's
1.5% City Sales and Use Tax for their locations in addition to any other sales and use tax for
which they are liable.
If any of this information is incorrect or you have any questions, please contact me right away.
You -can call me toll free at 1-800-531-5441, extension 50274. My regular number is
512/475-0274.
Sincerely,
Veronica P. Haryc i
Revenue Accounting Division
Tax Allocation Section
Cc: Mr. C. R. Long
Address Manager
E C E 0 V E
S E P 2 8 2005
J
CITY OF PEARLAND
CITY SECRETARY'S OFFICE
152
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
Mayor Reid stated that Ordinance No. 1088 and 1089 will be considered with the same
motion.
IRS p+E-A�DI'N'GOTF _OIVIINFAN'CE N o oB: N-ORDINANCE EXTENDING THE
CI Y LIMITS OF THE CITY OF PEARLAND, T AS, 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
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 1); APPROVING A SERVICE PLAN
FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
FIRST READING OF ORDINANCE NO. 1089 - 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
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 5); APPROVING A SERVICE PLAN
FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro-Tem Owens, to
-approve Ordinance No. 1088 and Ordinance No, 1089 on its first reading.
City Manager, Bill Eisen, stated this action proceeds with annexation process of
Municipal Utility Districts No. 1 and No. 5. The effective date of annexation for
Municipal Utility District No. 1 is December 31, 2006 and Municipal Utility District No. 5
is December 31, 2005.
Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION - RESOLUTION NO. R2002-186 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
Page 10 of 15 - 11/25/2002
153
MANAGER OR HIS DESIGNEE TO ENTER INTO A PARK DONATION AGREEMENT
AND A REGIONAL PARK DEVELOPMENT AGREEMENT ASSOCIATED WITH THE
SHADOW CREEK RANCH REGIONAL PARK. Mr. Alan Mueller, Deputy City Manager.
Mayor Pro-Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-186.
City Manager, Bill Eisen, stated this item is a result of a proposal from Shadow Creek
Ranch to donate property to the City in exchange for being able to use a portion of that
property for its wetlands mitigation needs. The City has reviewed its needs for park
land in that area and believe that what is being proposed this evening is compatible with
those needs. Mr. Eisen also stated that there will be a similar donation different in
acreage to the Y.M.C.A. adjacent to the City tract. In the future the Y.M.C.A. has
expressed some interest in obtaining an additional 5 acres perhaps from the City. He
further reported until the mitigation requirements are met is unknown at this time.
Gary Cook, Shadow Creek Ranch, gave a presentation regarding the property that is
being proposed to be donated to the City.
Additional discussion ensued between Council and Mr. Cook regarding the property that
is to be donated to the City.
Mayor Pro-Tem Owens statedhe would like to see if there is something the City can do
to help the Y.M.C.A. make decision if they are going place a facility in Shadow Creek
Ranch. He stated he does not see the City going out and doing much with a .100 plus
acres. Shadow Creek Ranch will not have that many residents that quick, nor does the
City has the money budgeted to do what needs to be done. If the Y.M.C.A. is looking to
build a new facility in Shadow Creek Ranch the City ought to look at it as an opportunity
for the City to enter into some type of agreement or some kind of transfer. He further
stated it would help with the attraction of residents to have some type of facility there.
Since the City is not going to be there the Y.M.C.A. is a good organization to do that.
City Manager, Bill Eisen, gave a brief overview on other proposals as far as moving the
City over on the property. He stated the City will work with the Y.M.C.A. and there
should be a way both the City and Y.M.C.A.'s needs can be met. As mentioned earlier
that will not be known until Shadow Creek Ranch knows for sure what their mitigation
requirements are going to be.
Gary Cook stated they should know something regarding the mitigation by Spring,
Summer at the latest.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott.
Page 11 of 15 — 11/25/2002