Ord. 0940 12-13-99ORDINANCE NO. 940
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, APPROVING AN AGREEMENT APPORTIONING
THE EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF
PEARLAND AND THE CITY OF ARCOLA; MAKING CERTAIN FINDINGS
RELATED THERETO; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO CREATE A LOGICAL LINE OF DEMARCATION
BETWEEN THE ETJs OF BOTH CITIES TO ALLOW FOR ORDERLY
PLANNING 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 (the "City") and the City of Arcola ("Arcola") are
authorized to apportion their overlapping extraterritorial jurisdiction ("ETJ") by
agreement pursuant to Texas Local Government Code, Section 42.901(a); and
WHEREAS, the City and Arcola have determined that portions of their
respective ETJs are overlapping; and
WHEREAS, the City Councils of the City and Arcola have determined that it is
in the best interests of both their cities to apportion their respective ETJs as provided
in this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council hereby approves and authorizes the
ETJ apportionment agreement described in the caption in substantially the form
attached hereto and incorporated herein by reference. The City Manager, 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
1
ORDINANCE NO. 940
all such signatures and to affix the seal of 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
notice and the contents and posting thereof.
Section 3. Declaration of Emergency. The Council finds and determines that
the need to create a logical line of demarcation between the ETJs of both cities to
allow for orderly planning 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.
PASSED and APPROVED on First and Only Reading this the nth day of
December , A.D., 1999. r .
j
TOM REID
MAYOR
2
ORDINANCE NO. 940
ATTEST:
APPROVED AS TO FORM:
anA..�M Ca-R,__
DARRIN M. COKER
CITY ATTORNEY
3
THE STATE OF TEXAS
ETJ AGREEMENT
COUNTIES OF BRAZORIA
AND HARRIS
This ETJ Agreement ("Agreement") Apportioning Extraterritorial Jurisdiction, is
made and entered into as of the Effective Date set forth below by and between the
City of Pearland ("Pearland") and the City of Arcola ("Arcola"), both municipalities duly
organized under the laws of the State of Texas.
WHEREAS, the Cities of Pearland and Arcola are authorized to apportion and
adjust extraterritorial jurisdiction ("ETJ") by agreement pursuant to Texas Local
Government Code, Sections 42.023 and 42.901(a); and
WHEREAS, the City and Arcola have determined that portions of their
respective ETJs may be overlapping; and
WHEREAS, the City Councils of Pearland and Arcola have -determined that it
is in the best interests of both their cities to apportion their ETJs, 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
Agreement, Arcola and Pearland agree as follows:
Section 1. The parties agree that the extraterritorial jurisdictions, as defined
in the Municipal Annexation Act, of both the cities of Pearland and Arcola may overlap
in an area within Fort Bend and Brazoria Counties, Texas, generally between the
present corporate limits of both such cities, and it is recognized by the governing
bodies of both cities that it is to the mutual interest of both cities to apportion any such
overlapped ETJ as nearly as possible along survey and property lines. It is also
recognized that it is to the best interest of both cities to release and reduce certain
areas of their ETJs in order that a logical and reasonable line of demarcation between
the ETJs of both cities be drawn and to facilitate the orderly planning and future
expansion of both cities. It is, therefore, deemed in the best interest of both the cities
of Pearland and Arcola that the ETJs of such cities in Fort Bend and
1
Brazoria Counties, Texas, as provided for in Texas Loc. Gov. Code, Section 42.023
and 42.901(a), shall hereby be mutually apportioned by and between the two cities
along the line described in Section 2 of this agreement. Each city has approved this
agreement by resolution or ordinance to evidence its written consent as contemplated
by said Section 42.023.
Section 2. The line dividing the ETJ of the City of Arcola from the ETJ of the
City of Pearland within Fort Bend and Brazoria Counties, Texas, is hereby described
on Exhibit "A", incorporated herein by reference as if set forth here in its entirety.
Section 3. From and after the date of this Agreement, the City of Arcola shall
have exclusive ETJ, to the exclusion of the City of Pearland, within Fort Bend and
Brazoria Counties, Texas, as shown by the cross -hatched area on Exhibit "B".
Section 4. From and after the date of this Agreement, the City of Pearland
shall have exclusive ETJ, to the exclusion of the City of Arcola, within Fort Bend and
Brazoria Counties, Texas, as it relates to overlapping areas not located within the
cross -hatched portion depicted on Exhibit "B". However, this does not apply to the
area within one-half mile of Arcola's city limits lying to the west of FM 521 (east
right-of-way line). That area is illustrated, in general, in Exhibit "C" and referred to as
the "Arcola Western ETJ" (part of which has been previously released). It is
understood and agreed that the two cities's ETJs do not overlap or conflict within the
Arcola Western ETJ, and, even if there is an unintended overlap or conflict, Pearland
agrees that its ETJ is reduced to the extent necessary to eliminate any overlap or
conflict with the Arcola Western ETJ.
Section 5. This Agreement changes only ETJ; it does not change the
corporate limits claimed by the cities. The cities mutually confirm those corporate
limits, and each releases any challenge it may have to the other's corporate limits.
Section 6. This agreement shall be executed in duplicate, either copy of which
shall be considered to be an original copy, by the Mayor or City Manager of each city,
attested by the City Secretary and under the corporate seal of each of said cities.
2
Section 7. Effective Date. This Agreement shall become effective on the
approval and execution thereof by the respective parties.
Executed on the dates set forth below.
AFEST: CITY OF.A
of
By: ti
Tinted Njme: al tt n Printed pi _"
I
Title: City Secretary Title: .yor
DATE: /d-'''i9
ATTEST:
ng Lo
y Secr ry
DATE: if"' �_�i
3
CITY OF PEARLAND
Glen R. Erwin
City Manager
THE STATE OF TEXAS §
COUNTY OF.p`�/thend
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/Uin 6- pson...___ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS r% DAY OF
/999 .
'R ANNIE TORRES
\•-j Notary Public, State of Texas
•
Commission Expires 9-13-03
Y
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 09- / 3 -cioO 3
Printed Name: Ain Je l r re S
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1 (6W DAY OF
Cam. (a. , A.D., t99q .
LISA D. JONES
NOTARY PUBLIC - STATE OF TEXAS (/
MY COMMISSION EXPIRES t�
SEPTEMBER 21, 2003
NOTARY PUBLIC, S ATF OF TEXAS
Commission Expires: 9 yl/Z 0 13
Printed Name: t„iseL Jorut
4 ARCOLAN99
Exhibit "A"
PEARLAND — ARCOLA COMMON
EXTRATERRITORIAL )URISDICTION LINE
BOUNDS DESCRIPTION
BEING OUT OF THE MANUEL ESCALERA SURVEY ABSTRACT — 170
THE A.B. LANGERMAN SURVEY ABSTRACT — 456,
THE I. & G. N. RAILROAD COMPANY SURVEY ABSTRACT — 352
THE H.T. & B. RAILROAD COMPANY SURVEY ABSTRACT — 280,
THE H.T. & B. RAILROAD COMPANY SURVEY ABSTRACT — 561 AND
THE WILLIAM HALL. SURVEY ABSTRACT - 31
BRAZORIA AND FORT BEND COUNTIES, TEXAS
That certain line dividing the extraterritorial jurisdiction of the City of Pearland
from the extraterritoriat jurisdiction of the aty of Arcola, generally beginning at
the intersection of the Amendment to ETJ Agreement between Houston and
Pearland and the north right-of-way line of Post Road; Thence Easterly with the
north right-of-way line of Post Road and County Road 58; Thence Southerly with
the east right-of-way line of Unda Drive and Public Road; Thence Southeasterly
with the north right-of-way line of the G. C. & S. F. Railroad to the west line of
Braebend Estates Addition; Thence Southerly with the west lines of Braebend
Estates Addition, Abstract — 280, and Abstract — 561; Thence Westerly in part
with the north line of the T. W. House and ). W. B. House Subdivision to the east
right-of-way line of Farm Market Road 521; Thence Northeasterly with the
easterly right-of-way line of Farm Market Road 521 to the existing south city limit
Tine of Arcola and being more particularly described by bounds as foUbws;
Beginning at a point marking the intersection of the easterly right-of-way line of
Farm Market Road 521 and the northerly right-of-way line of Post Road, said
point also being on the northerly boundary line of the aty of Arcola as described
in Line "A" of that certain Amendment to ETJ Agreement between the City of
Houston and the City of Pearland dated December 31, 1997;
Thence the following four (4) courses with the boundary line of the town limits of
the Town of Arcola, Texas as described in that certain Application for
Incorporation of the Town of Arcola, dated December 17, 1980;
Thence Easterly with the northerly right-of-way line of Post Road across Ladonia
Road to a point marking the intersection with the western property line of the E.
L Woodfin tract;
Thence Northerly from said point of intersection with the west property line of
the E. L. Woodfin tract to a point for corner with the northern property line of
said E. L. Woodfin tract;
Thence Easterly along the north property tine to a point marking the intersection
of the north property line of that certain called 22.019 acre tract described in a
deed dated 7-06-1995 from John F. Sutter to Marceline Marie Sutter (1/3
interest) as filed in 95-42218 Fort Bend County Deed Records;
Thence Southerly with the west line of said Sutter tract to a point for comer in
the northerly right-of-way line of Post - Del Bello Road also known as County
Road 58;
Thence Easterly with the northerly right-of-way line of said Post - Del Bello Road
to a point for corner in the common line of the Manuel Escalera Survey Abstract
- 170 and the A. B. Langerman Survey Abstract - 456;
Thence Southerly with the easterly line of said Abstract - 170 to a point for
comer In the easterly right-of-way line of Linda Drive, said point also marking the
northeast corner of Rosedale Addition according to the plat thereof filed in
Volume 393, Page 86 Fort Bend County Deed Records;
Thence Southerly continuing with the easterly line of said Abstract - 170 to a
point for corner in the easterly right-of-way line of said Linda Drive, said point
also marking the southeast comer of said Rosedale Addition;
Thence Southerly continuing with the easterly line of said Abstract - 170 to a
point in the easterly right-of-way line of a 60' public road, said point also marking
the northeast corner of Gulfview Acres, according to the plat thereof filed in
Volume 349, Page 614 Fort Bend County Deed Records, said point also being in
the southerly right-of-way line of State Highway 6;
Thence Southerly continuing with the easterly line of said Abstract - 170 to a
pant for corner in the northerly right-of-way line of the G. C. & S. F. Railroad;
Thence Southeasterly with the northerly right-of-way line of said G.C. & S. F.
Railroad to a pant for corner in the west line of the Corrected Plat of Braebend
Estates Addition according to the plat thereof filed in Volume 7, Page 23 -24
Brazoria County Plat Records, said point being in the westerly line of the N.T. &
B. Railroad Company Survey Abstract - 280;
Thence Southerly with the west line of said Abstract - 280, passing the common
fine of Fort Bend and Brazoria Counties to a pant for corner in the north line of
those certain tracts described in a deed dated 4-01-1993 from Mary Jane
Sponsel, et al, Trustees to Brownie Jeanette Price Newton, et al as filed In 93-
016225 Brazoria County Official Records, said point also marking the common
southwest corner of said Abstract - 280 and the northwest comer of the H. T. &
B. Railroad Company Survey Abstract - 561;
Thence Westerly with the north line of said Newton tract to a point for corner in
the east line of the I & G. N. Railroad Company Survey Abstract - 352, said point
also being on the east line of that certain "second tract" described in a deed
dated 7-16-1987 from Sweeny J. Doehring, Jr., Executor to Patricia Lee Womack
as filed in Volume 1962, Page 2134 Fort Bend County Deed Records;
Thence Southerly with the east line of said Abstract - 352 and the west line of
said Womack tract to a point marking the northeast comer of the T. W. House
and J. W. B. House Subdivision according to the plat thereof filed in Volume 7,
Page 301 Fort Bend County Deed Records;
Thence Westerly with the north line of said House Subdivision, the south line of
said Abstract - 352 and the north line of the William Hall Survey Abstract - 31 to
a point for comer in the east right-of-way line of Farm Market Road 521;
Thence Northeasterly with the east right-of-way line of said Farm Market Road
521 to a point for terminus in the north line of that certain "third tract" described
in a deed dated 7-16-1987 from Sweeny J. Doehring, Jr. Executor to Patricia Lee
Womack as filed in Volume 1962, Page 2134, Fort Bend County Deed Records,
said point also marking the intersection of the easterly right-of-way line of Farm
Market Road 521 and the southerly City Limit lane of the City of Arcola.
"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: 11-421-48
10/13/1999
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