Ord. 0922 08-30-99ORDINANCE NO. 922
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 (SOUTH OF BELTWAY 8 ALONG STATE HIGHWAY288);
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; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO FIX AND EXTEND THE BOUNDARIES OF THE
CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
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 July 26,
1999, and on August 2, 1999, 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
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ORDINANCE NO. 922
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 Exhibits "A-1"
and "A-2" 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 729 Acres of Land Located
Along State Highway 288 and South of. Beltway 8, 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 and posting thereof.
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ORDINANCE NO. 922
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 Exhibits "A-1" and "A-2", 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 Exhibits "A-1" and "A-2", 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.
Section 5. Declaration of Emergency. The Council finds and determines that
the need to fix and extend the boundaries of the City inures to the benefit of the public
and, therefore, bears directly upon the health, safety and welfare of the citizenry; and
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.
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ORDINANCE NO. 922
TY
PASSED and APPROVED on First and Only Reading this the 3Uday
of f"! I% V S , A. D., 1999.
ATTEST:
NG L
Y SE TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
EXHIBIT A-1
METES AND BOUNDS DESCRIPTION
695 ACRES, MORE OR LESS, BEING OUT OF
ABSTRACTS 876, 881, 1181, AND 413
HARRIS COUNTY, TEXAS
Generally located north of Clear Creek and south of Beltway 8, east of Hooper Road and
west of Fellows Road, the north line being the south right-of-way line of Beltway 8; The
south line being the centerline of Clear Creek and the centerline of a platted road (not
open) centered on the south line of Lot 4, James Hamilton Subdivision, and the north
right-of-way line of Fruge Road; the west line being the centerline of Anagnost Road
(not open), the centerline of Riley Road (not open) and the east right-of-way line of
Hooper Road; and the easterly line following the west right-of-way line of Fellows Road
and the north and west lines of Tom Bass Regional Park.
All that certain 695 acres more or less, to be annexed into the City of Pearland, being
all or a portion of Lots 9 -12, 9 1/2, - 121/2, 21- 24, 211/2 - 241/2, 25 -28, 251/2 - 281/2,
39, 40, 391/2, 401/2, 41, 42, 411/2, 421/2, 55, 56, 551/2, 561/2, 57, 58, 571/2, and 581/2
Allison Richey Gulf Coast Home Company Subdivision Block "F" according to the plat
thereof filed in Volume 3, Page 40 Harris County Map Records; All or a portion of the
James Hamilton Subdivision of Patent 192, Section No. 106 according to the plat
thereof filed in Volume 83, Page 343 Harris County Deed Records and out of the James
Hamilton or D. White Survey, Abstract 876, the James Hamilton or D. White Survey,
Abstract 881, the H.T. & B. RR. Company or F. B. Drake Survey, Abstract 1181 and the
H.T. & B. RR. Company Survey, Abstract 413, and being more particularly described as
follows;
Beginning at a point marking the intersection of the east right-of-way line of Hooper
Road and the south right-of-way line of Beltway 8;
Thence the following 23 courses with the south right-of-way line of said Beltway 8, as
established by Texas Department of Transportation Drawing No. ACC-8012-1 Sheets 6 -
8 and ACC-8012-1-72 Part 1 Sheets 2 - 4;
1. Thence N 87° 24' 11" E- 1,077.51' to a point for comer;
2. Thence S 86° 44' 24" E - 34.69' to a point for corner;
3. Thence N 87° 24' 07" E - 257.92" to a point for comer;
4. Thence N 81° 32' 46" E - 34.69' to a point for comer;
5. Thence N 87° 24' 11" E - 191.89' to a point marking the point of curvature of a
curve to the left having a radius of 2,313.83' and a central angle of 04° 30' 56";
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6. Thence with said curve an arc distance of 182.36' and a chord bearing and
distance of N 85° 08' 43" E — 182.31' to a point for comer;
7. Thence N 82° 53' 15" E — 304.68' to a point marking the point of curvature of a
curve to the right having a radius of 2,269.83' and a central angle of 04° 37' 30";
8. Thence with said curve an arc distance of 183.22' and a chord bearing and
distance of N 85° 12' 00" E — 183.17' to a point for corner;
9. Thence N 87° 30' 45" E — 398.77' to a point for comer;
10. Thence S 02° 23' 24" E — 1.99' to a point on a curve to the right having a radius of
2,269.83' and a central angle of 02° 39' 34";
11. Thence with said curve an arc distance of 105.36' and a chord bearing and
distance of S 88° 45' 32" E — 105.35' to a point for comer;
12. Thence S 87° 25' 45" E — 301.71' to a point marking the point of curvature of a
curve to the left having a radius of 2,313.83 and a central angle of 02° 16' 02";
13. Thence with said curve an arc distance of 91.56' and a chord bearing and distance
of S 88° 33' 46" E — 91.55' to a point for comer;
14. Thence S 89° 41' 47" E — 2,695.42' passing the west right-of-way line of State
Highway 288 to a point for comer;
15. Thence N 80° 12' 38" E — 2,771.90' passing the east right-of-way line of State
Highway 288 to a point for comer;
16. Thence N 86° 53' 24" E — 2,291.78' to a point for corner;
17. Thence S 87° 36' 36" E — 167.79' to a point marking the point of curvature of a
curve to the left having a radius of 1,936.86' and a central angle of 05° 30' 00";
18. Thence with said curve an arc distance of 185.93' and a chord bearing and
distance of N 89° 38' 24" E— 185.85' to a point for comer;
19. Thence N 86° 53' 24" E — 203.50' to a point for comer;
20. Thence S 87° 15' 11" E — 34.68' to a point for comer;
21. Thence S 48° 06' 36" E — 78.38' to a point for comer;
22. Thence S 08° 58' 01" E — 34.69' to a point for comer;
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23. Thence S 24° 25' 51" E — 107.35' to a point for comer marking the intersection of
the south right-of-way line of Beltway 8 and the west right-of-way line of Fellows
Road;
Thence the following bearings based on the west right-of-way line of Fellows Road to
be southerly;
Thence Southerly — 854', more or Tess, with the west right-of-way line of said Fellows
Road to a point marking the intersection of the west right-of-way line of said Fellows
Road and the north right-of-way line of the entrance road to Tom Bass Regional Park as
described in that certain deed dated 12-21-1981 from Robert Lee Blaffer, II to County
of Harris as filed in Official Records of Real Property of Hams County at Clerk's File
Number 003-90-1902 to a point for comer;
Thence Westerly — 1,000', more or less, with the north right-of-way line of said park
entrance road to a point for comer;
Thence Southerly — 60', more or Tess, to a point for comer in the north line of that
certain tract described in a deed dated 9-22-1978 from Joseph S. Benke, et ux to
County of Harris as filed in Official Records of Real Property of Hams County at Clerk's
File Number G-072386 Film Code Number 127-89-0284, said tract known as Tom Bass
Regional Park;
Thence Westerly — 2,742', more or Tess, with the north line of said Tom Bass Regional
Park to a point for comer;
Thence Southerly — 339', more or Tess, with the most northerly west line of said Tom
Bass Regional Park to a point for comer marking the northeast comer of that certain
tract described in a deed dated 3-06-1980 from Henry T. Brown, et al to County of
Harris as filed in Official Records of Real Property of Harris County at Clerk's File
Number G-706207, Film Code Number 168-88-1766;
Thence Westerly.— 1,320', more or Tess, with the north line of said Tom Bass Regional
Park to a point for comer in the west line of said Tom Bass Regional Park;
Thence Southerly — 2,269', more or Tess, with the west line of said Tom Bass Regional
Park to a point for comer in the centerline of Clear Creek;
Thence Westerly and Southerly with the meanders of the centerline of said Clear Creek,
the common south line of Harris County and the north line of Brazoria County, and the
north line of City of Pearland Ordinance No. 31 (100' strip) to a point for comer in the
north line of the Dupuy and Roberts Survey, Abstract 726;
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•
Thence Westerly 2,226', more or Tess, with the common north line of said Abstract 726
and the south line of the James Hamilton or D. White Survey, Abstract 881 to a point
for comer marking the southwest corner of Lot 4 of the said James Hamilton
Subdivision and the intersection of the centerline of two platted roads;
Thence Southerly — 185', more or Tess, with the east line of Lot 571/2 of said Allison
Richey Gulf Coast Home Company Subdivision Section "F" to a point for comer;
Thence Westerly — 1,320', more or less, with the north right-of-way line of Fruge Road
to a point for corner in the west line of Lot 58 1/2 of said Allison Richey Gulf Coast Home
Company Subdivision Section "F";
Thence Northerly — 2,825', more or Tess, with the centerline of Anagnost Road (not
open) to a point for corner marking the northeast corner of Lot 38 of said Allison Richey
Gulf Coast Home Company Subdivision Section "F';
Thence Westerly — 1,290', more or Tess, with the north line of Lot 38 and Lot 37 of said
Allison Richey Gulf Coast Home Company Subdivision Section "F" and the centerline of
Riley Road (not open) to a point for comer in the east right-of-way line of Hooper Road;
Thence Northerly — 1,695', more or less, with the east right-of-way line of said Hooper
Road to a point for comer;
Thence N 42° 32' 46" E — 70.89' to the POINT OF BEGINNING and containing 695 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."
Compiled by:
C.L. Davis & Company
Job Number: 11-421-39-5
08/17/99
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STATE HIGHWAY NO. 288
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EXHIBIT A-2
METES AND BOUNDS DESCRIPTION
34 ACRES, MORE OR LESS, BEING OUT OF
ABSTRACTS 747 AND 726
BRAZORIA COUNTY, TEXAS
Generally located south of Clear Creek, the west line being along the east line of the
City of Pearland Ordinance No. 768, the south line being along the north line of
Municipal Utility District Number No. 4 and The Lakes at Countryplace (future
development), extending west across State Highway 288, and the north line being the
south line of the City of Pearland Ordinance No. 31, located 100' south of the centerline
of Clear Creek;
All that certain 34 acres, more or less, to be annexed into the City of Pearland, being
out of the D. White Survey Abstract, 747 and the Dupuy and Roberts Survey, Abstract
726 and being more particularly described as follows;
Beginning at a point marking the intersection of the common east line of said Ordinance
No. 768, and the south line of said Ordinance No. 31, said point being located 100'
south of and perpendicular to the common north line of Brazoria County, the south line
of Harris County, and the centerline of Clear Creek;
Thence Easterly and Northerly with the meanders of the south line of said Ordinance
No. 31 to a point for corner in the common west line of the F.B. Drake Survey Abstract
503 and the east line of the D. White Survey, Abstract 747;
Thence the following 5 courses with the northerly line of Municipal Utility District
Number No.4;
1. Thence Southerly — 814', more or Tess, with the common west line of said Abstract
503 and the east line of said Abstract 747, to a point marking the northeast corner
of the J. Crawley Survey Abstract 174;
2. Thence Westerly — 1,393', more or less, with the north line of said Abstract 174,
and the south line of said Abstract 747 to a point for corner;
3. Thence Westerly — 76', more or Tess, to a point for corner;
4. Thence Southerly — 207', more or Tess, to a point for corner;
5. Thence Westerly passing the east right-of-way line of State Highway 288 at 438',
more or less, and passing the west right-of-way line of State Highway 288 at 905',
more or less, in all a total of 1,244', more or Tess, to a point for corner marking
the most westerly north corner of Municipal Utility District Number No. 4;
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Thence Northerly — 395', more or Tess, with the east line of said Ordinance 768 to the
POINT OF BEGINNING and containing 34 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."
Compiled by:
C.L. Davis & Company
Job Number: 11-421-39-5A
08/17/99
11-421-39-5A M&b.doc
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EXHIBIT
"K
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 729 ACRES OF LAND
LOCATED ALONG STATE HIGHWAY 288 AND SOUTH OF BELTWAY 8,
ENCOMPASSING APPROXIMATELY 729 ACRES IN HARRIS COUNTY AND
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 land
located along State Highway 288 and south of Beltway 8, encompassing approximately 695 acres in
Harris County and 34 acres Brazoria County Texas. The Tract is described by metes and bounds in
"Exhibit A-1" and "Exhibit A-2" which are attached to this Plan and to the annexation ordinance of
which this Plan is a part.
H. 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.
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.
1
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. Service
will be provided immediately upon annexation in the case of police, fire
protection and emergency medical service 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 VFDs in
the area according to mutually agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency Medical
Service (EMS) will 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 and place solid waste in containers approved for the
specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. Existing public
water and wastewater facilities, if any, will be maintained by the City.
Maintenance of additional facilities will result from the acquisition or
development of such facilities by the City or dedication of such
facilities by other entities to the City. In the event such facilities are
constructed by or dedicated to the City, the Tract will be served
directly by the City using the rates and policies of the City. Capital
recovery charges or impact fees will be assessed at the time of
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g.
connection to the City's utility system or upon issuance of building
permits for lots developed within the Tract. -
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 and maintenance of roadside drainage ditches not
maintained under the jurisdiction of another entity.
Maintenance of Parks, Playgrounds and Swimming Pools. Those
portions of Harris County Tom Bass Regional Park within the Tract
will continue to fall under the maintenance jurisdiction of Harris
County. 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.
2. Fire Protection. Additional capital improvements are not necessary at this time to
provide fire protection. However, the Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety 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. Additional capital improvements are not necesaary
at this time to provide water and wastewater service to 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. Capital recovery charges or impact fees will
be assessed upon issuance of building permits for lots developed within the Tract.
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 or
additions. 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.
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.
4
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 ofTransportation, 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.
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.
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 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 ofgovernment, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within
the control of the City.
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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
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
state of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER N � S, a newspaper of general
:irculation in Brazoria and Harris Counties, for issues, as follows:
No. / Date 1— l q 19
No Date 19
No. Date 19
No Date 19
No. Date 19
Subscribe and sworn to before me this t-C day of J4/6
9 �c1
w. :4`•ww.
gaWrrmmEisForionsitbli
her
Notary Public, State of Texas
;•UB
NOTICE OF PUBLIC .
FJEARING ON ANNEXATION
Notice is hereby given that a
public hearing will be held by
ti'ie City Council of the City of
Pearland, Texas, in the
9ouncii Chambers, City Hall,
3519 Liberty Drive, Pearland
Texas, at 6:30 p.m. on July
26, 1999, for the purpose of
considering annexation into.
the city limits of the following
property:
Tract 1:
BEGINNING at the intersec-
tion of the centerline of Clear
Creek and the projected line of
the west line of Brazoria
County Municipal Utility
District 4;
Thence southwesterly along
the centerline of Clear Creek
(also being the north City of
Peadand city limit line) to the
intersection of the north line of
the Duprey & Roberts Survey,
Abstract 1698;
Thence westerly along the
north line of the Duprey &
Roberts Survey, Abstract 1698
to the west line of the Duprey
& Roberts Abstract 1698 (also
being the east line of Karlis
Street (unopened);
Thence southerly along the
west line of the Duprey &.
Roberts Survey; Abstract 1698
to the south Tine of the Allison
Richey Gulf Coast'omes
Section F, Abstract 876 (also
being the north right of way
line of Fruge Road); -•
Thence westerly along the
north. right of way line of Fnige
Road to the east line .of
Anagost Road (unopened);
LEGALS
7,1
•Thence northerly along the
east line of Anagost Road to
the, south line of Riley Road
(unopened);
-;1
Thence westerly along the
south line of Riley Road to the
east right of way line of
Hopper Road;
Thence northerly along east
right of way line of Hopper
Road to the south right of way
line of Beltway 8/Sam Houston
Parkway (such point also
being on the Houston-
. Pearland extraterritorial juris-
diction line established by an
interlocal agreement dated
December 31, 1997); •
Thence easterly along said
extraterritorial jurisdiction line
to the west right of way line of
Fellows Road;
Thence southerly along the
west right of way line of,
Fellows Road to the point,
where Fellows Road tums tol
an east -west alignment; I
Thence along the south right
of way line of Fellows Road to
the west right of way line oo
Cullen Boulevard;
• 1
Thence along the west right of
way line of Cullen Bouleyard
to the centerline of Clear,
Creek (also being the north,
line of the City of Pearland
100 foot strip annexation
adopted by Ordinance 31,
dated June 30, 1960.);
Thence westerly along the;
centerline of Clear Creeks
(also being the north line ofi
the City of Pearland 100 foot
strip annexation adopted by
Ordinance 31, dated June 30,
1960.) to the west line of th
F.B. Drake Suryey, Abstra
503 (also being the west line
of Brazoria County Municipa
Utility District 4);
Thence southerly along the! _
west line of Brazoria County
Municipal Utility District 4 to
the south line of the. David
White Survey, Abstract 747
(also being the north line od4,
Brazoria County Municipal'
Utility District 4);
•
Thence westerly along the
Mail' line of Brazoria County
Municipal Utility District 4 a
distance of 1392.81.feet to a
point for corner;
Thence continuing westerly
along the north line of
Brazoria County Municipal
Utility District 4 a distance of
74.92 feet to a point for cor-
ner,
Thence southerly along the
west line of Brazoria County
Municipal Utility District 4 a
distance of 205.91 feet to a
point for comer,
LEGALS
adopted by Ordinance 31,
dated June 30, 1960;
Thence westerly along the
north line of the City of
Peadand 100 foot strip annex-
ation adopted by Ordinance
31, dated June 30, 1960, to
the intersection of the east
right of way line of County
Road 48;
Thence northerly along the
east right of .way line of
County Road 48 to the south
right of way line of County
Road 92, being the POINT OF.
pEGINNING and containing
approximately 700 acies of
land.
Tract 3: BEGINNING at a
point 450 south of the south
right of way line of FM 5t8 on
the west line of H.T. & B.:R.:
IR. Co. Survey, Abstract 242,'-
1 Lot 3A2 (said point also,being
on the east line of Brazoria;
County Municipal JltifitT••
District 1 and the City' of
Pearland city limit line estab-'
lished by Ordinance 708) ".
Thence easterly to the;west
line of the Westchester
Estates subdivision '(also_
being the west line of the Ci(y
of Pearland city limit line;
established by Ordinance
708);
Thence southerly along the
City of Pearland city knit line
established by Ordinance 708
to the southwest corner of
Westchester Estates subdivi-
sion;
Thence easterly along the
City of Pearland city limit line
established by Ordinance 708
to the west line of FM 1128
(also being the west line of
the City of Pearland city limit
line established by Ordinance
708);
Thence southerly along the
City of Pearland city limit line
established by Ordinance 708
to the north right of way line of
Fite Road;
Thence continuing southerly
along the City of Pearland-city'
limit line established by'.
Ordinance 826 to the intersec-
tion of the City of Pearland
city limit line established by
Ordinance 899;
Thence westerly along the
City of Pearland city limit line
established by Ordinance 899
to the east line of Brazoria
County Municipal Utility,
District 1;
Thence northerly along the
east line of Brazoria County
Municipal Utility District 1 to
the south right of way of Fite
Road;
Thence easterly along the
south right of way of Fite
Road to the southerly exten-
sin of the west line of 1-T. &
B. R. R. Co. Survey, Abstract_
242, Lot 3F (also being the
extension of the east line-
Brazoria County Municipal
Utility District 1);
Thence northerly along the
east line of Brazoria County
Municipal Utility District 1 to
the 'common corner of the
H.T.,& B. R. R. Co. Survey,
Abstract 242, Lot 3F,and the
H.T. & B. R. R. Co. Survey,
Abstract 242, Lot 3D (also
being a corner of Brazoria
County Municipal Utility
District 1);
Thence westerly along the
north line of Brazoria County
Municipal Utility District 1 to
the west line of H.T. & B. R.
R. Co. Survey, Abstract 242,
Lot 3A2 (also being the east
line of Brazoria County
Municipal Utility District 1);
Thence northerly along the
east line of Brazoria County
Municipal Utility District 1 to
the POINT OF BEGINNING,
and containing approximately
240 acres of land.
These descriptions were pre-
pared using numerous record-
ed subdivision maps and City
Ordinances and does not rep-
resent an on the ground sur-
vey.
All interested citizens and .I
property owners are hereby
notified of their right to appear
and be heard on the matter.
Isl Young Lorfing
City Secretary
This site is accessible to dis-
dabled individuals. For special •
Fsistance, such as the need
for deaf interpreters or braille
4
materials, please call Young
4t�mg at 485-2411, ext. 341,
l r to the meeting so that
'appropriate arrangements can
t +
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
state of Texas
.razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria and Harris Counties, for / issues, as follows:
No i Date 7" 2-1 19 15
No Date 19
No Date 19
No Date 19
No. Date 19
President
ubscribe and sworn to before me this -- day of it-41/
9 16
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, Peariand,
Texas, at 6:30 P.M. on August
2, 1999, for the purpose of
considering annexation into
the city limits of the following
property:
Tract 1: BEGINNING at the
intersection of the centerline
of Clear Creek and the pro-
jected line of the west line of
Brazoria County Municipal
Utility District 4;
Thence southwesterly along
the centerline of Clear Creek
(also being the north City of
Peariand city limit line) to the
intersection of the north line of
the Duprey & Roberts Survey,
Abstract 1698;
Thence westerly along the
north line of the Duprey &
Roberts Survey, Abstract
1698 to the west line of the
Duprey & Roberts Abstract
1698 (also being the east line
of Kadis Street (unopened»
Thence southerly along the
west line of the Duprey &
Roberts Survey, Abstract
1698 to the south line of the
Allison Richey Gulf Coast
Homes Section F, Abstract
876 (also being the north right
of way line of Fruge Road);
Thence westerly along the
north right of way line of
Fruge Road to the east line of
nagost Road (unopened);
Thence northerly along the
vast line of Anagost Road to
the south line of Riley Road
(unopened);
Thence westerly along the
south line of Riley Road to the
east right of way line of
Hopper Road;
Thence northerly along east
right of way line of Hopper
Road to the south right of way
line of Beltway 8/Sam
Houston Parkway (such point
also being on the Houston-
Pearland extraterritorial juris-
diction line established by an
interlocal agreement dated
December 31, 1997);
Thence easterly along said
extraterritorial Jurisdiction line
to the west right of way line of
Fellows Road;
Thence southerly along the
west right of way line of
Fellows Road to the point
where Fellows Road tums to
an east -west alignment
Thence along the south right
of way line of Fellows Road to
the west right of way line of
Cullen Boulevard;
Thence along the west right
of way line of Cullen
Boulevard to the centerline of
Clear Creek (also being the
north line of the City of
Pearland 100 foot strip
annexation adopted by
Ordinance 31, dated June 30,
1960.);
Thence westerly along the
centerline of Clear Creek
(also being the north line of
the City of Pearland 100 foot
strip annexation adopted by
Ordinance 31, dated June 30,
1960.) to the west line of the
F.B. Drake Survey, Abstract
503 (also being the west line
of Brazoria County Municipal
Utility District 4);
Thence southerly along the
west line of Brazoria County
Municipal Utility District 4 to
:the south line of the David
LEGALS
White Survey, Abstract 747
(also being the northline o
Brazoria County Municipal
Utility District 4);
Thence westerly along the
north line of Brazoria County
Municipal Utility District 4 a
distance of 1392.81 feet to a
point for comer,
Thence continuing westerly
along the north line of
Brazoria County Municipal
Utility District 4 a distance of
74.92 feet to a point for cor-
ner,
Thence southerly along the
west line of Brazoria County
Municipal Utility District 4 a
distance of 205.91 feet to a
point for comer,
Thence westerly along the
north line of Brazoria County
Municipal Utility District 4 a
distance of 438.07 feet to a
point for corner (also being
the east right of way line of
State Highway 288);
Thence continuing westerly
along the north line of
Brazoria County Municipal
Utility District 4 a distance of
806.66 feet to a point for cor-
ner, being the northwest cor-
ner of Brazoria. County
Municipal Utility District 4
(also being on the east line of
Duprey & Roberts Survey,
Abstract 726 and the City of
Pearland city limit line estab-
lished by Ordinance 768);
Thence northerly along the
projected line of the west line
of Brazoria County Municipal
Utility District 4 (also being
the City of Peariand city limit
line established by Ordinance
768) to'the centerline of Clear
Creek, being the POINT OF
BEGINNING and containing
approximately 2000 acres of
land.
Tract 2: BEGINNING at the
intersection of the east right
of way of County Road 48
and the south right of way line
of County Road 92 (said pant
also being on the;pity of
1_ Pearland city Emit Nuts. estab-
lishedbyA3-
Thence easterly along the city
limit line to the intersection of
the City of Peariand city limit
line established by Ordinance
762;
Thence southerly along the
City of Peariand city limit line
established by 0rdinance762
to the intersection of the north
line of the City of Pearland
100 foot strip annexation
adopted by Ordinance 31,
dated June 30, 1960;
Thence westerly along the
north line of the City of
Pearland 100 foot strip
annexation adopted by
Ordinance 31, dated June 30,
1960, to the intersection of
the east right of way line of
County Road 48;
Thence northerly along the
east right of way line of
County Road 48 to the south
right of way line of County
Road 92, being the POINT
OF BEGINNING and contain-
ing approximately 700 acres
of land.
Tract 3: BEGINNING at a
point 450 south of the south
right of way line of FM 518 on
the west line of H.T. & B. R.
R. Co. Survey, Abstract 242,.
Lot 3A2 (said point also being
on the east line of Brazoria
County Municipal Utility
District 1 and the City of
Peariand city limit line estab-
lished by Ordinance 708);
Thence easterly to the west
line of the Westchester
Estates subdivision (also
being the west line of the City
of Pearland city limit line
established by Ordinance
708);
Thence southerly along the
City of Peariand city limit line
established by Ordinance 708
to the southwest corner of
Westchester Estates subdivi-
sion;
Thence easterly along the
City of Peariand city limit line
established by Ordinance 708
to the west line of FM :1128
(also being the west line of
the City of Peariand city' limit
line established by Ordinance
708);
Thence southerly along the
City of Peariand city limit line
established by Ordinance 708
to the north right_of_wayling
of Fite Road; - -
4
Thence continuing southerly
along the City of Pearland fity
limit line established by
Ordinance 826 to the inter-
section of the City of Pearland
city limit line established by
Ordinance 899;
Thence westerly along the
City of Pearland city limit line
established by Ordinance 899
to the east line of Brazoria
County Municipal Utility
;District 1;
-Thence northerly along the
east line of Brazoria County
Municipal Utility District 1 to
the south right of way of Fite
' Road;
:Thence easterly along the
south right of way of Fite
Road to the southerly exten•
-
▪ sion of the west line of H.T. &
B. R. R. Co. Survey, Abstract
242, Lot 3F (also being the
extension of the east line
Brazoria County Municipal •
Utility District 1);
Thence northerly along the'
;east line of Brazoria County
Municipal Utility District 1 to
the common corner of the
:H.T. & B. R. R. Co. Survey,
`Abstract 242, Lot 3F and the
*H.T. & B. R. R. Co. Survey,
:ikbstract 242, Lot 3D (also
:being a corner of Brazoria
.County Municipal Utility
District 1);
.Thence westerly along the
;north line of Brazoria County
4funicipal Utility District 1 to
:the west line of H.T. & B. R.
I LEGALS
I
R. Co. Survey, Abstract 242,
Lot 3A2 (also being the east
line of Brazoria County
Municipal Utility District 1);
Thence northerly along the
east line of Brazoria County
Municipal Utility District 1 to
the POINT OF BEGINNING,
and containing approximately
240 acres of land.
These descriptions were pre-
pared using numerous
recorded subdivision maps
and City Ordinances and
does not represent an on the
ground survey.
All interested citizens and
property owners are hereby
notified of their right to appear
and be heard on the matter.
/sJ 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 485-2411, ext. 341,
prior to the meeting so that
`a2Propriate arrangements
n be made.. F}.
i