Ord. 0934 10-25-99 TabledTabled 10125199
ORDINANCE NO. 934
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 (NORTH AND EAST OF THE EXISTING CITY LIMITS) AT
THE REQUEST OF REED -WEST INVESTMENTS, INC.; APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local
Govt. Code, conducted two (2) public hearings regarding the City's intended
annexation of certain territory located contiguous to the City and within the City's
extraterritorial jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on
September 13, 1999, at 6:30 p.m. and on September 20, 1999, at 6:30 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
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ORDINANCE NO. 934
WHEREAS, the City Council finds and determines that the annexation intended
by this Ordinance is in the best interests of the City of Pearland and benefits the
health, safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas, are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in the
"City of Pearland, Texas, Service Plan for Approximately 314.6 Acres of Land Located
in the W. D. C. Hall Survey, Abstract No. 23, Harris County, Texas, and recorded
under Harris County Clerk's File No. T464162 of the Official Records of Harris 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. 934
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,
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ORDINANCE NO. 934
or which is not within the City of Pearland's jurisdiction to annex, the same is hereby
excluded and excepted from the territory to be annexed as fully as if such excluded
and excepted area was specifically described herein.
PASSED and APPROVED on First Reading this the day of
, A. D., 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the day
ATTEST:
, A. D., 1999.
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
Cr (:.iI l'FS(rirll(ve
RflNC A /r0N Of bind Inrnle,l in the Wp C H0II So, vy Alt. f,,vl Ate 21 Irgnk t'.vgnty le•o• rmn b.atq nil Of HIM Port
or lard cMte`!d to reed -Nest Mv..sfinenfl. L/d as der on hop eeepnanl roe vMd under (ennll (!sort ll• Nn l46IMM. nl
the MRcid' Pohlic Records of Peal Property el /lnr',s Connie Inns ono helnq ntre or Ncutnetr'fr c'h 4 fry mot.! and
hounds as INlows:
IRACr l - IR 7.516 .ACRES (2.I23,11t8 S')tIARf FEE -II
PECINN,N' of n 5/8 Inch eon rod found for the mot( !.dotty nertn•••u rr
the rest comer of Creen lee ',trey(. Serlinn R, o suhdlisan car mop rr (•
of the Mop Records of Norris County. teens.
IIIENCE South 44'44' 49• Fast along the South went One rl sold S..:Ih.n R,
eel foe the most northerly nrlh.osf can.' of the herein detrrl'M hnrl. .
SC,srodole Read (hoeing o 100 fool wide rich(-of-v.0y, and It.. Peq'nnilq of
55 I! ',I Wes I;
•
.r•vr ref the eye, .in d.a nhntl One/. eon'. f`r '•I9
1.0 (haler/ r•cr•'d.,t under Into Code ter. intro:
0 ditto -we of 40110' feel n 5/R MCI' hey, ten
;me h•h'g in the nrlhe.tf rlghl-of-•wny the rf
n C7nve fey the right laths. renter Fein North
n+£NCE M o southwetledv direction along the otc of Sold twins to the tight, hO.In0 a R.'d4/e •'t 12nn nor fest r, r"oh,"
Angle of 20'44i36', Ar Ate La.ogll, OI 13115 feet ern 0 (rag Chn,A then bee,' wroth 44'211`4e• NY.I, 43204 feel In
5/8 inch ban rod set IC" the Point of Tangency of t7• said cut.+ le the iinhf;
'IIEIIC,E South 545102• N'e.t o ,1i4lnnr. of 1,1967 feet la n 5/8- fret. iron (nil e.i Lev n r,vn•r ht Ih• herein drtr,ih•.t
tract 0nd the P•ginninq 01 a Curve 10 the left:
'!r(NCY in n tnuutwesle'ly, efrt'(Ii.n along Me me of 414 :.tree t'• It.. MIf hn,Ing n POs:ne nt ;ilto rrr feel. n I.1°1'4
Ang4 rl •1e'17'_17; Aa Arc t.ngth of 31I 44 rent. n , , Irrq rhr,d ehirh hart! [r„Ih 5n1';''I' AAA!, ,14104 f•./ Or n
5/8 lneh iron rod set for the Point of Tangency of the .n+d ru'r.e 1•• It.. fell.
171ENCt croth 45'IJ;3West, 0 diefnnre of I54345 feel In 4 5/8- inch ke, r,. coif fr a car et nr the helium n.trnh•1
trod. and the 8eg'nnhp of a Corte to the right;
INENCE ,n O sculhwsfedy direct.rt, alnng the air of Sob/ -tuna In the oionl, halloo n ROd6,t of 1.,40i) 00 feel, o Centro,
Angle of 38.2622'. An Arc length of R72 l6 feet, and a Long r:hrd which Penes South 24Pi) re Naf. P5500 fnel 1•r
5/8 inch :ran tad fel four fh. Point of tongenry of the sold cur•, le the r;o'd•
•IENCE .South 06.47Pl' west. o distance of 12251 eel In d 5r8_(neh irrr rod iel her 0 (Pinar pi 1he herein aesc'ih•r!
('act and the 9eginnb'q of a Curve to the left;
INENCE In a scUlhwesferlv dlr.rtion ok,nq the nor
of said Curl. tr Ih1 sett honing n Pacho• 14 I2'Y)00 feet. o f ent'al
Angle of 42'45'11', An Are Length Of P95.4I feet, and a thin Chard »hkh henry South 2$P0'u7' 144.4 874. et fen In .s
polnf in the cenler/Me of Cleo, (Yee&;
'IENCE uostreom r/th the canteen.", of per Creel. and ilt m4nneMf Oy fNlnwi'
North 26"?'45' Nest e dstance of 74. 20 feel to on note point.
North 49'0'54' "Wit o dltfnne. of 31085 fen/ to an nng14 point
North 24 8•J5• Nutt n dslonce of 22354 feet to on onale Mint.
North 6178'9' Wett, 0 distance of 107 45 meet to on gnat. poh't;
South 7137'06' Well, o distance of 12002 feet to an angle paint:
South 74108.10' West, o distance of .36786 feel to on point belnq the most »eslnr.y srulhe•cl eo'n•• of the Anraf•
detrrted tract;
MEN(E North 4573'25 foil, "lib the nnrth.esl IAu of the hotel-, oesr'4'e,4 Ir.rl. sone (slop (he a'uthens! line r' o:reen
Yee ferrate. Section 2. o lubdl.+.trey per mop re plot thereof rlrn'ded al (Slum! 177, Pope file( the Hop R•rr,," n/ 110nIe
_ciinty, re.os. O ni<tor'ce of 4.67727 feet t0 the r(A(E or 061;INN,Nr, rcnlnininc IR 7515 acres (2,f716'h lino••• feel' nr
land.
wet( l2SLMYIIUa
BEWC A tract Of lend located in the W..O C. Noll San Abstract No. 23. Nnvis County, Tsrot ad being out of that Tract
of rand oon.syed to Reed -Mast Investments. Ltd. as per an Instrument recorded under County Clerk's Fa Na re64162 of
Me OMcial Palk Raced' of Reat Property of None County. Texas and being mar partculry deserbed by metes and
bound* as fames:
TRACT l - 265.8.501 ACRES (17,500,4J0 SQUARE FEET)
BEOPSNWO at o 5/8 inch Yon rod found on the southeast right-of-way to of Soo -sale Rood (ho.ip o 100 foot dale
right-of-way) for Me west corner of Sogemont Fist Nome. o subdivision per mop or plot thereof acacia under f n, Code
No. 389035 of the Map Retards of Hand County. haas, and the Beghnng of o CC", to the right Own center bars
North 5513133' Mot:
1NENl ' South se'ee"19' East along the southwest sine of sold Sagencnf tics? Nome, o distance of 539.47 feet to a
5/8-hch wen rod found for on *terror corner of the herein ascribed tract same Ming the south cans of taw solo
Sermon. rot Noma:
Refer North e51e'46' East, with the southeast the o/ the solo Sagrnonf First Norse. o distance of 3e7.58 feel to a 5/8
inch iron roe sot tar the meet northerly comer of the herein described tract;
THENCE South ee'e4'49' East. along the most northerly northeast Fine of the herein Qat:it a tract sane Ming Me
southwest lied of a coned 16890 ode bast contend to Leonard Rauch and Oow* W. Boy as per on +matenal recorded
under County Ctrk1 fie Na 0188538 of Inc Offierd Public Raced* of Nona County. Teem, o distance of 1042.23 feet to
a 5/0 inch iron rod at for the most easterly north carver of the herein deserted tract:
DICNCE South 45127'e7s WNt. dap an exterior line of the herein described tract. same being Me northing( line of Mat
tract caressed to Roosevelt Tatar ltaldeps. as per on nsrrnent recorded under County Cam's net No Fie No. R157894
of the Official Public Records of Morris County, fads. o distance of 585.78 feet to a 5/8 inch ton rod sound for on
interior comer of the here* descn6d tract;
THENCE South 44'5035' East. along the most easterly northeast line of Me her deserted tract. some being the most
northerly southwest line of a called 51 1982 acre tract conveyed to Roosevelt Term Naldings Co.. Inc oa per an nstrummt
racorSd under Canty C ark i Fle Na R757894 of the said Official Public Records. a faience of 1.041 71 feet to on angle
Point of the herein deserted troet
THENCE South 457925' West. a distance of 16727 feet to 5/6 inch eon roc found for on interior angle carver of both the
calve St 1982 oae tract and the herein dea... led tract.
THENCE South 44S035' East. along the most southerly northeOst line of the herein deserted tract. same being the most
southerly southwest fine. a distance of 104t 65 feet 10 0 5/6 nth won rod found for the south corner gf the herein
described tract. said 5/8 inch ran foot also Ming in the northwest Me of o called 78.773 acre tract os conveyed tc the
Norris County Flood Control District as per on instrument recorded under County Ctetrr's Fee No J237306 of the sold Official
Public Records.
•
DNENCE South 45139'25' West, along the sold northwest line some biting Ms southeast in of the herein described tract. a
distance or 176304 feel to o point in the centerline of said pear Creek for the southerly corner of the harem described
tract
THENCE upstream with the centerline of doer Crest following its meanders the following courses and oi,tances:
North 7616'19' West. a distance of 162.56 feet tc on angle point
North 87'07"01' West. o distance of 18e73 feet to an angle point.
North 7122.03' Mast. a distance of 296.68 feet to an angle point
North 63'44'M' cast, a distance of 247.51 feet to an angle point
North 8235'36- Mast v Distance of 22675 feet to an angle point.
North 743443' Mast. a distance of 420.15 feet to an tingle point.
South Line 26'41' West, 0 distance of 150 47 feet to on °ogle point
South 5779134'. West. a distance of 131.65 feet to an on9b pant:
South 385, 19' West o distance of 96.57 feet to ar: any* point:
South 2811'38' West a distance of 162.56 feet to an angle point
South 4J035e' test. a distance of 150.06 feet to on angle point.
South 491122' Wast. o distance of 290e8 feet to on ant. point.
South 361314' West. o distance of 140.37 feet to an angle poet,
South 52'e8'lf' West. a distance of 122.17 feet to an angle paint.
South 6015'48' West, o distance of 94.61 let to an angle pont;
South 732721' West, a distance of 687.26 feet to on °note point;
South 873900" Most. a distance of 74..35 feet to an angle peak'
Nato 66'36'59' West, a distance of 82.97 feet to on ono* point:
North 3976'24' West. a distance of 111 80 fat to an algae pouf
North 39'e8'37- last. 0 distance of 161.12 feet to on angle point.
Nortn 4454'57' West. a distance of 20729z far to an angle pant.
North 7157'16' Mast, c distance of 235.57 feet to Cn once pont;
North 5758'e3' West. a distance of 43669 feel :c an rote point.
North 2652'e5' West, o distance Of Ie2.98 reef 10 On cages point for the mast westtnv agrncr _ ^ere,r descr,hea
:reps and the Beginning of a Curse re the left whose center bens North J927'57" West,
`HENCE in o r.rULt0steiy direction dung the arc of som now !c the telt. oaring c Roams of '300 :r teat c Central
Angie of 43'49'0C'' An arc Length of 9941' feet. our c Long :hoed winch tears +orrn 25'e'.. E. i'C '2 feet erg 0
5/8 inch 'von fad set fcr the Dea:I : r 1Tgenci 0, the sYa cur re to the left.
THENCE Nor!^ 06'e7'OJ" East. c distance of 122.5! feet to a 5/8 incP :ran rod se: a' tine Beyer : 3 eut.e to tare
right:
THINLY :n narfheasteny direction along the Or: of sag corre to the right, 'onn; a O3dus of '200 Si tee1. i Centro,
.,g1. c' _577Y22. An arc Length of 8050- feet. one o .ono [hc-J wn..tn eon 4>.. ?•.:'1^•.< Eger, -9J OE feet S- 0
._ v., .+�� con. c matonce 0I r5e5 eS feet en o t./6 inch eon toff
0 ser loF the Bgmnnq or a curb*
to The
ramr
RtCNcE n o nrfheastede devotion long the arc Of so.d curbs to Me 'gilt howl a Ramos of ;95000 Int. o Centro!
Male or 09?T3T. An Arc length of 32764 feet, and a Long Jibe .teach pews North 509114. Cost. 31726 Ieet to 0
5/8 Nch Iron roo set tor
th
the Pont of tangency of the said curbs to e rigst. _.
1lfNC( North 54'51'01# East. o dIstonce of I J967 feet to o 5/8 inch eon rod set !r the Beannng of 0 Curbs Io the left. 11IENCE in o northeasterly direction Wong the art of sole CVr re to the leR. ho.nq c Roden at 130000 fees 0 Central
M94 of t95185' M be Length of 45098 lent. ona o Long Card .MIN hers North 4e344S- East e4.172 lint to the
PLACE OF BEGINNING. ccntdmna 265. 8501 acres if r.580430 same Fret 01 pond
EXHIBIT
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 314.6 ACRES OF LAND
LOCATED NORTH AND EAST OF THE EXISTING CITY LIMITS, ENCOMPASSING
APPROXIMATELY 314.6 ACRES IN HARRIS COUNTY TEXAS.
L 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 Nan relates to the annexation by the City, by petition
of the owner, of land located north and east of the existing city limits, encompassing approximately
314.6 acres in Harris County Texas. The Tract is described by metes and bounds in "Exhibit A"
which is 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. This Plan will provide a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance 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.
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
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 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 of the
Department.
Fire Protection: The Pearland Volunteer Fire Department (VFD) of
the City of Pearland will serve the area in cooperation with VFDs,
primarily the Southeast VFD, 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 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.
Operation and Maintenance of Road and Streets (including lighting):
2
Existing 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 parks, playgrounds, and swimming pools, if any, will
be operated and maintained by the City.
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.
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.
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.
3
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.
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 necessary
at this time to provide water and wastewater service to the Tract. The cost of
connecting 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. Capital recovery charges or impact fees also will be assessed at the time
of connection to the City's utility system or upon issuance of building permits for lots
developed within the Tract. An available 12-inch water line is located at the southern
terminus of Scarsdale Boulevard. An available 27-inch sewer line is located on Dixie
Farm Road.
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.
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
4
planning for new, revised, widened, or enlarged roads, streets, or related facilities.
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.
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 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.
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.
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