Ord. 1045 2001-12-10ORDINANCE NO. 1045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN
ADJACENT MUNICIPALITIES INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, pursuant to Section 1 .04 of the City Charter, the City desires to
discontinue said territory in order that mutual boundaries between the City of
Pearland and Brazoria County Municipal Utility District No. 6 may be clearly
defined; and
WHEREAS, a public hearing was conducted before the City Council on
November 19, 2001, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive,
Pearland, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The tract of land described in Exhibit "A", attached hereto and
incorporated herein for all purposes, is hereby discontinued and disannexed from
the City of Pearland, and the boundaries of the City are hereby adjusted
accordingly.
Section 2. The City Council finds and declares that no bond funds of the
City have been spent in the territory and no municipal improvements have been
made in said territory.
Section 3. Emergency. The Council finds and determines that clarifying
boundaries between adjacent municipalities inures to the benefit of the public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and
1
ORDINANCE NO. 1045
that this Ordinance shall be adopted as an emergency measure, and that the rule
requiring this Ordinance to be read on two (2) separate occasions be, and the same
is hereby waived.
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, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 8. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED on First and Only Reading this the 10 day of
December , A. D., 2001.
TOM REID
MAYOR
2
ORDINANCE NO. 1045
ATTEST:
APPROVED AS TO FORM:
0.,.i..._:_ /1 .CgrtL_
DARRIN M. COKER
CITY ATTORNEY
3
Oct-08-2001 09:14am From-WINSTEAD/SECHREST/MINICK
+7136502535 T-861 P 003/024 F-912
OCT-02-01 TUE 12;01 Pit ttELVA CHRIS NELDR
FAX NO. 7138884081 P. 05
EXHIBIT "A" -- LECAL DESCRIPTION
1o.141Q corms of land
psin0 Lot 0. oc ono Alllaen-Richey cult coast ltomo Company
s.+ooi..icion of the U.T. 6 D.R.R. Company Survey No. 85, Abstract No.
704, Oratorio County, TPKae, according to a plot rceorued in Volume
3, Pala 1a7, of the Flat it9earas or Orazoria County, Turnout said
10.1414 acre* belny more particularly 8eacribad by motto and bounds
AG rol lows t
Co.t1 ctNG At 5/0 Inch iron rod war in the centerline o1 county Road
94, also Dais( located North 03 dog. 15 min. 04 coo. Wert, a distance
of 110.00 foam from its intcraoction vita the ccnterllno of the
count:), Mona Z. now 7'.n. ttgnvay 515. acing trio southvoct corner or
Fold H.T. & B.R.R. company 6urvoy NY. ass
THENCE North 01 dap. 16 Fin. 04 occ. Wcot along t-no ccntarllnc of
raid County Road 94, and LAO west line or said H.T. 4 14.74.R. company
Survcy No. 55, a distanco of 711.28 feet to a 3/8 inch iron rod found
for the Norchwort corner oc a 10.8377 acre tract, and thf PL.Aog or
StoINNING or sea naralfl dticrlt0d tract;
TAXNCL Nortn 03 GOO. 15 min. 04 r:ao. Watt continuing along trio
centorl1no of .:Aid county Rood 24, and trio Nest 11ne of maid N.T. L
B.R.R. Company Survey No. 45, a distanco of 601.i3 fact t., a point
for corner. from maid point, a 1/E inch iron rod vu6 found 0.60 foot
c-a
T1irNerf North aO dog, it min. 20 aaa. East along the North lino ot" .
caia Lou 9, a distanco or 550.G0 fact to a 1/2 inch iron rod foundi^
for Yeencr, baing the Norcicast corner or sale Lot 9;
Tl1ENCg South 03 duo. 19 min. 47 Dee. East along the Yost: lino or acid
Lot 9, at r diiSGanot of 460.26 tact gaming a 3/4 inch iron rod round
2.07 egos Woct, and oontinuini for a Coto]. C15canca of S01.33 foot to
a 3/8 Inch iron rod found for corner:
Tl ts1ce soucn tea tag. 40 min. 11 sod. tlact along the South lino of
said Lot v, at a dietanoa of o.a3 root parsing a 1 inch iron yips,
and continuing in 811 a toC7i1 distance of 841.2G Peat to the PLACE Or
D):GINNINC of till, heroin deacribsd tract, and containing wit»in ttsio
call* 441,77c square /cat or 10.141E acres of land.
Till: COttPANY DOES NOT IIEVRE5tNT THAT THE AAOVE ACREAGE CALCULATIONS ARE CORRECT.
•
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. - / Date l/` - -: 20 Of
No Date 20
No. Date
No. Date 20
No. Date
20
scribe and sworn to before me this.
of
day of
.40
or
Rt. PRiliQ?
1
!Published Nov. 7, 2001
{ NOTICE OF PUBLIC -
IHEARING OF THE - -
CITY OF PEARLAND
'1
'Notice is hereby given that on
:the 19th day of November,
'2001, at 6:30 p.m., the City
Council of the City of
lPearland, Brazoria, Fort
tBend, and Harris Counties,
'Texas, will conduct a Public
Hearing in the Council
Chambers, City Hall, 35.19
(Liberty Drive, Pearland,
!Texas, to gather public com-
ment and testimony regarding
the disannexation of a tract of
i land containing-10.1418 acres
, of land being Lot 9 of the
Allison -Richey Gulf Coast
Home Company Subdivision
of the H.T.&B.R.R. Company i
Survey No. 85, Abstract No.
304, Brazoria County, Texas.
At said hearing all interested
parties shall have the right,
and opportunity to appear and
be heard on the subject.
'-/s/ Young Lorfing
City Secretary
This site is accessible to dis
1 abled individuals. For special;
assistance, please call Young'
Lorfing at 281-652.1655,prior-'{
to the meeting so that appro.!
priate arrangements can be i
(made.