Ord. 0832 12-08-97ORDINANCE NO. 832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING AN AMENDMENT TO THE AGREEMENT
APPORTIONING EXTRATERRITORIAL JURISDICTION BETWEEN THE
CITY OF PEARLAND AND THE CITY OF HOUSTON; MAKING CERTAIN
FINDINGS RELATED THERETO; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO CLARIFY THE EXTRATERRITORIAL JURISDICTIONS OF
ABUTTING MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, the City of Pearland ("City") and the City of Houston ("Houston")
are authorized to apportion their overlapping extraterritorial jurisdiction ("ETJ") by
agreement pursuant to Texas Local Government Code, Section 42.901(a); and
WHEREAS, City and Houston entered into an ETJ agreement as described
above, dated as of February 26, 1970 ("ETJ Agreement"); and
WHEREAS, the City Councils of City and Houston have determined that it is in
the best interests of both their cities to amend the ETJ Agreement as provided in this
ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby approves and authorizes the
amendment to the ETJ Agreement attached hereto as Exhibit "A" and incorporated
herein for all purposes. The Mayor, or his designee, is hereby authorized to execute
such document and all related documents on behalf of the City of Pearland, and to
take all actions necessary to effectuate the City's intent and objectives in approving
such agreement in the event of changed circumstances. The City Secretary, or his
designee, is hereby authorized to attest to all such signatures and to affix the seal of
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ORDINANCE NO. 832
the City to all such documents. The City Attorney is hereby authorized to take all
action necessary to enforce all legal obligations under said agreement without further
authorization from Council.
Section 2. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required by the Open
Meetings Law, Tex. Gov't Code Ann., ch 551 (Vernon Supp. 1997); and that this
meeting was open to the public as required by law at all times during which this
Ordinance and the subject matter thereof was discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such written
notices and the contents and posting thereof.
Section 3. Declaration of Emergency. The Council finds and determines that
the need to clarify the extraterritorial jurisdictions of abutting municipalities 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.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
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ORDINANCE NO. 832
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. 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 8th day
of December , A.D., 1997.
ATTEST:
APPROVED AS TO FORM:
AMY MOES McCULLOUGH
CITY ATTORNEY
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ORDINANCE NO. 832
Pursuant to the City of Pearland Charter, art. 3 , the effective date of the
foregoing ordinance is December 9, 1997
iteeri
YO.bNG LO
SECRTYARY
4
THE STATE OF TEXAS §
THE COUNTIES OF HARRIS §
AND BRAZORIA
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AMENDMENT TO ETJ AGREEMENT
385.71
This AMENDMENT TO ETJ AGREEMENT Apportioning Extraterritorial Jurisdiction
(this "Amendment") is made and entered into as to the Effective Date (defined below) by and
between the CITY OF HOUSTON ("Houston") and the CITY OF PEARLAND ("Pearland"),
both home rule municipalities duly organized under the laws of the State of Texas.
WHEREAS, Houston and Pearland are authorized to apportion their overlapping
extraterritorial jurisdiction ("ETJ") by agreement pursuant to Texas Local Government Code,
Section 42.901(a);
WHEREAS, Pearland and the City entered into an ETJ agreement as described above,
dated as of February 26, 1970 (collectively, the "ETJ Agreement"), and further apportioned
overlapping extraterritorial jurisdiction by Houston Ordinance No. 73-365; and
WHEREAS, the city councils of Houston and Pearland have determined that it is in the
best interests of both their cities to amend the ETJ Agreement as provided in this Amendment,
subject to the terms and conditions set forth herein; NOW, THEREFORE,
For and in consideration of the mutual covenants and obligations set forth in this
Amendment, Houston and Pearland agree as follows:
Section 1. Amendment to ETJ Agreement. The ETJ Agreement is hereby amended
as follows:
a. Section II of the ETJ Agreement shall read in its entirety as follows:
"The line dividing the extraterritorial jurisdiction of the City of Houston
from the extraterritorial jurisdiction of the City of Pearland is described on Exhibit
A, incorporated herein by reference as if set forth here in its entirety."
b. The legal description attached hereto as Exhibit A shall become the Exhibit A
to the ETJ Agreement referenced in Section II thereof, as amended.
Section 2. ETJ Agreement effective. Except as otherwise specifically provided in this
Amendment, the ETJ Agreement remains in full force and effect in accordance with its terms as
of the original effective date thereof.
Section 3. Effective Date. This Amendment shall become effective on the approval
and execution thereof by the respective parties.
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EXECUTED on the dates set forth below.
CITY OF HOUTON I. c4, * s p,
Mayor Bob Lanier
City Secfetary
(Seal)
Director of Planning & Development
APPROVED AS TO FORM:
Senior Assistant City Attorney
L.D. No.
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CITY OF PEARL
Mayor
ATTEST:
Date:
APP'a4VE0
it Att•rne , City of Pearland
Exhibit A
The lines dividing the extraterritorial jurisdiction of the City of Houston from the
extraterritorial jurisdiction of the City of Pearland is hereby described as follows:
Line A
BEGINNING at the intersection of the easterly r.o.w. line of F.M. 521 and northerly
r.o.w. line of Post Road, being the northerly boundary of the City of Arcola
Thence in a northeasterly direction along the easterly r.o.w. line of F.M. 521 to its
intersection with the southerly r.o.w. line of Beltway 8 / Sam Houston Parkway
Thence in a easterly direction along the southerly r.o.w. line of Beltway 8 / Sam Houston
Parkway to its intersection with the easterly r.o.w. line of Fellows Road and also the
westerly boundary of the Harris County Water Control and Improvement District # 89
Thence in a southerly direction along the easterly r.o.w. line of Fellows Road to the angle
point therein where it turns from North -South to East-West direction
Thence in an easterly direction along the northerly r.o.w. line of Fellows Road also the
southerly boundary of the Harris County Water Control and Improvement District # 89
to its intersection with the westerly r.o.w. line of Cullen, the city limits line of the City of
Houston
and Line B
BEGINNING at a point in the present city limit line of the City of Houston as established
by Ordinance 3351, passed December 31, 1956, said point being the intersection of the
northeasterly line of the D. H. M. Hunter Survey, Abstract 36, and the southwesterly line
of the H. T . & B. R. R. Co: Survey, Abstract 410 with southwesterly extension of the
northwesterly right of way line of Kingspoint Road (formerly known as Watts Road);
THENCE in a southeasterly direction along the northeasterly line of the D. H. M. Hunter
Survey, Abstract 36 and the T. J. Green Survey, Abstract 290, said line also being the
southwesterly line of the H. T. & B. R. R. Co., Abstract 410, the George McDougal
Survey, Abstract 564, and the E. M. House Survey, Abstract 1075, to its intersection with
the westernmost corner of a 6.9149 acre, more or less, tract formerly owned by Southgate
Baptist Church, and currently owned by Dougal E. Pope;
THENCE in a northeasterly direction along the northwesterly boundary of said tract to its
northernmost corner;
THENCE in a southeasterly direction along the northeasterly boundary of said tract to its
easternmost comer, such point also being a point in the southeasterly line of the E. M.
House Survey, Abstarct 1075 and a point in the northwesterly line of the W. D. C. Hall
Survey, Abstract 23 and a point in the present city limit line of the City of Pearland;
THENCE in a northeasterly direction along the northwesterly line of that W. D. C. Hall
Survey, Abstract 23, such line also being the present city limit line of the City of
Pearland, to the northernmost corner of a certain 462.5732 acre tract of land in the W. D.
C. Hall Survey, Abstract 23, described as "First Tract" in that certain deed from James W.
Fair, Trustee, dated July 10, 1968 as recorded in Volume 7529, Page 11, Harris County
Deed Records;
THENCE in a southeasterly direction along the northeasterly boundary of said "First
Tract", such line also being the present city limit line of the City of Pearland, to its
easternmost corner;
THENCE in a southwesterly direction along the present city limit line of the City of
Pearland to a point in that line located 2,000 feet northeasterly , measured at right angles,
from the southeasterly extension of the southwesterly line of the E. M. House Survey,
Abstract 1075;
THENCE in a southeasterly direction along a line parallel to and 2,000 feet northeasterly
from, measured at right angles, the southeasterly extension of the southwesterly line of
that E. M. House Survey, Abstract 1075 to its intersection with the northwesterly line of
the Jenkins Subdivision, said line also being the northwesterly lines of Lot 30 and Lots 33
through 47 of the said Jenkins Subdivision within Harris County;
THENCE in a northeasterly direction along the northwesterly line of the Jenkins
Subdivision to the northeasterly corner of Lot 34 of the Jenkins Subdivision;
THENCE in a southeasterly direction along the northeasterly boundary line of that Lot 34
and Lot 61, Jenkins Subdivision, to the southeasterly corner of Lot 61, such corner also
being a point in the southeasterly line of the W. D. C. Hall Survey, Abstract 23;
THENCE in a northeasterly direction along the southeasterly line of said W. D. C. Hall
Survey, A-23 a distance of 1,900 feet more or less, to a point for corner, said point being
the northeasterly corner of the of the Humble Pipe Line Company 73.2 acre tract located
within the Perry & Austin Survey, Abstract 55; Harris County, Texas
THENCE in a southeasterly direction along the northeasterly line of the said Humble Pipe
Line Company 73.2 acre tract and said line extended southeasterly to its intersection with
the center line of the meanders of Clear Creek and the Harris County -Galveston County
line.
HOUSTON-PEARLAND
APPORTIONMENT
LINE A
Legend
Pearland City Limits — Houston City Limits Utility District
Pearland ETJ ---" Houston ETJ Parks
Apportionment Brookside Village Flood Plain — — — —
2000 0
2000 ♦000
PATRICIA 0. I NUDSON
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