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Ord. 0882 12-14-98ORDINANCE NO. 882 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 (FORT BEND AND HARRIS COUNTIES EAST OF FM 521); 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 October 5, 1998, at 6:30 p.m. and on October 19, 1998, 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 1 ORDINANCE NO. 882 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 769 Acres of Land Located West of the Fort Bend County and Brazoria County Line, the North Line Being Approximately 300', More or Less, North of Clear Creek in Harris County, the West Line Being Along the East Right -of -Way Line of Farm Market Road 521, the South Line Being the South Line of the Franklin Hooper Survey Abstract 198 and the North Line of the A.B. Langerman Survey Abstract 555, and the East Line Being the Fort Bend County and Brazoria County Common Line and the Harris County and Brazoria County Common Line, Encompassing Approximately 769 Acres in Harris County and Fort Bend 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 ORDINANCE NO. 882 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. 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 3 ORDINANCE NO. 882 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. PASSED and APPROVED on First Reading this the day of OV entb'er , A. D., 1998. Cf:)(4'n TOM REID MAYOR PASSED and APPROVED on Second and Final Reading this the %i.2eday of PE'CeP16&-)2. , A. D., 1998. 4 TO—REID MAYOR ORDINANCE NO. 882 APPROVED AS TO FORM: Z c OWw^.� r DARRIN M. COKER CITY ATTORNEY 5 RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because • of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA & HARRIS § I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that the attached constitute a true and correct copy of ORDINANCE NO. 882 - ANNEXATION OF 769 ACRES OF LAND GENERALLY DESCRIBED AS FORT BEND AND HARRIS COUNTIES EAST OF FM 521; passed and approved by City Council on December 14, 1998. Witness my hand and seal of the City of Pearland, Texas, this 17th day of December 1998, at Pearland, Texas. Li- ii l a.ii .� 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us Exhibit A METES AND BOUNDS DESCRIPTION 769 ACRES MORE OR LESS BEING OUT OF ABSTRACTS 198, 557, 212, 668 AND 279 HARRIS COUNTY AND FORT BEND COUNTY, TEXAS Generally located west of the Fort Bend County and Brazoria County Line, the north line being approximately 300', more or less, north of Clear Creek in Harris County, the west line being along the east right-of-way line of Farm Market Road 521, the south line being the south line of the Franklin Hooper Survey Abstract 198 and the north line of the A.B. Langerman Survey Abstract 555, and the east line being the Fort Bend County and Brazoria County common line and the Harris County and Brazoria County common line. Field note description of 769 acres, more or less, to be annexed into the City of Pearland located in the Franklin Hooper Survey Abstract —198, the H.T. & B. R.R. Company Survey Abstract — 305, the S.G. Haynie Survey Abstract — 212, the Geo. W. McDonald Survey Abstract — 557, the I.C. Stafford Survey Abstract — 668, and the H. Levering Survey Abstract — 279, Fort Bend County and Harris County, Texas and being more particularly described by metes and bounds as follows (bearing based on the centerline of County Road 92 to be due west); Beginning at a point marking the intersection of the east right-of-way line of Farm Market Road 521, the south line of said Abstract 198 and the north line of the A.B. Langerman Survey Abstract — 555; Thence N 22° 48' 07" E — 6,111.75', more or less, along the east right-of-way line of said Farm Market Road 521 to a point for comer, Thence N 20° 47' 50" E — 3,643.78', more or less, continuing with the east line of said Farm Market Road 521 to a point for comer in the centerline of Clear Creek; Thence N 58° 50' 00° E — 636.41', more or less, with the centerline of Clear Creek to a point for comer; Thence N 60° 52' 27" E — 656.23' with the centerline of Clear Creek to a point for corner on the south right-of-way line of McHard Road marking a point on a curve to the left having a radius of 1,829.86' and a central angle of 19° 17' 25"; Thence with said curve and along the south right-of-way line of said McHard Road an arc distance of 616.07', more or less, and a chord bearing and distance of N 80° 10' 07" W — 613.17', more or less, to a point marking the point of tangency; r Thence N 89° 48' 49° W— 173.89', more or less, with the south right-of-way line of said McHard Road to a point for corner; Thence S 55° 29' 28" W — 87.84', more or Tess, with the south right-of-way line of said McHard Road to a point for comer on the east right-of-way line of.Farm Market Road 521; Thence N 20° 47' 45° E, passing at 904.60', more or Tess, the Harris County and Fort Bend County Line and continuing a total distance of 1,225.98', more or Tess, to a point for comer on the north line of the H. Levering Survey Abstract 279; Thence S 89° 07' 15" E with the north line of said Abstract 279 and said Abstract — 212 and passing at 223.93', more or Tess, the northwest comer of that certain tract from First City National Bank of Houston, Trustee, et al to Harris County (Parcel 6, Park Site) as filed in Official Records of Real Property of Harris County at Clerk's File Number K-691654 and continuing a total distance of 4,160.37', more or Tess, to a point for comer in the west right-of-way line of County Road 48, said point marking the northeast comer of that certain tract from First City National Bank of Houston, Trustee, et al to Harris County (Parcel 3, Park Site) as filed in Official Records of Real Property of Hams County at Clerk's File Number K-691654; Thence S 00° 45' 58' W — 344.88', more or Tess, with the west right-of-way line of County Road 48 to a point for comer on the Harris County and Brazoria County Line; Thence S 65° 17' 21' W — 2,476.04', more or Tess, continuing with the common line of Harris County and Brazoria County to a point for comer marking the intersection of the Harris County, Brazoria County and Fort Bend County Lines; Thence S 14° 57' 39" W — 9,636.01', more or Tess, with the common line of Fort Bend County and Brazoria County to a point for comer on the south line of said Abstract — 305 and the north line of said Abstract — 538; Thence West — 911.81', more or Tess, with the south line of said Abstract — 305 and the north line of said Abstract — 538 to a point for comer in the east line of said Abstract 198 and the marking the southwest comer of said Abstract — 305 and the northwest comer of H.T. & B. R.R. Company Survey Abstract — 538; Thence South —137.72', more or less, with the east line of said Abstract —198 and the west line of said Abstract — 538 to a point for comer marking the northeast comer of said Abstract — 555; 2 Thence West 2,871.50', more or Tess, with the south line of said Abstract 198 and the north line of said Abstract — 555 to the POINT OF BEGINNING and containing 769 acres of land more or less. This description was prepared using numerous recorded subdivision maps, recorded deeds and City City of Pearland Ordinances and does not represent an on the ground survey. Compiled by: C.L. Davis & Company Job Number: 11-421-44B 10/1/98 3 • 1 S 1 i Pea %Id �iii2 rRasa at i ti r� ens ti ili= di IRSI///,iftet4, , 1 iinanitinlialli laifirgeorgerraratrin gin Waindanitill enibiltOr ►Ili MO hant 40 44\ 4. yk�r i ,fi.I/ <Aksx', i, CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 769 ACRES OF LAND EXHIBIT IJ i LOCATED WEST OF THE FORT BEND COUNTY AND BRAZORIA COUNTY LINE, THE NORTH LINE BEING APPROXIMATELY 300', MORE OR LESS, NORTH OF CLEAR CREEK IN HARRIS COUNTY, THE WEST LINE BEING ALONG THE EAST RIGHT-OF-WAY LINE OF FARM MARKET ROAD 521, THE SOUTH LINE BEING THE SOUTH LINE OF THE FRANKLIN HOOPER SURVEY ABSTRACT 198 AND THE NORTH LINE OF THE A.B. LANGERMAN SURVEY ABSTRACT 555, AND THE EAST LINE BEING THE FORT BEND COUNTY AND BRAZORIA COUNTY COMMON LINE AND 1HE HARRIS COUNTY AND BRAZORIA COUNTY COMMON LINE, ENCOMPASSING APPROXIMATELY 769 ACRES IN HARRIS COUNTY AND FORT BEND 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 Plan relates to the annexation by the City of land located west of the Fort Bend County and Brazoria County Line, the north line being approximately 300', more or less, north of Clear Creek in Harris County, the west line being along the east right-of- way line of Farm Market Road 521, the south line being the south line of the Franklin Hooper Survey Abstract 198 and the north line of the A.B. Langerman Survey Abstract 555, and the east line being the Fort Bend County and Brazoria County common line and the Hanis County and Brazoria County common line, encompassing approximately 769 acres in Harris County and Fort Bend 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. IL 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. DI 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. Scope and Q ality 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 1 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. 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. 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. 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 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 2 g• 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 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 connection to the City's utility system or upon issuance of building permits for lots developed within the Tract. f 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 by Brazoria Drainage District No. 4. Maintenance of Parks, Playgrounds and Swimming Pools. Since there are no such public facilities within the Tract, 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. 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 3 privileges at City/County libraries on the same basis as current residents. 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 ofthe effective date of this Plan, and be substantially complete before four and one half years of the effective date of this plan. I. 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 will be necessary 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 ofconnecting to available lines will be the responsibility of the 4 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. 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 of Transportation, 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. 7. 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. 5 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. VL 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 Exhibit A METES AND BOUNDS DESCRIPTION 769 ACRES MORE OR LESS BEING OUT OF ABSTRACTS 198, 557, 212, 668 AND 279 HARRIS COUNTY AND FORT BEND COUNTY, TEXAS Generally located west of the Fort Bend County and Brazoria County Line, the north line being approximately 300', more or Tess, north of Clear Creek in Harris County, the west line being along the east right-of-way line of Farm Market Road 521, the south line being the south line of the Franklin Hooper Survey Abstract 198 and the north line of the A.B. Langerman Survey Abstract 555, and the east line being the Fort Bend County and Brazoria County common line and the Harris County and Brazoria County common line. Field note description of 769 acres, more or less, to be annexed into the City of Pearland located in the Franklin Hooper Survey Abstract —198, the H.T. & B. R.R. Company Survey Abstract — 305, the S.G. Haynie Survey Abstract — 212, the Geo. W. McDonald Survey Abstract — 557, the I.C. Stafford Survey Abstract — 668, and the H. Levering Survey Abstract — 279, Fort Bend County and Harris County, Texas and being more particularly described by metes and bounds as follows (bearing based on the centerline of County Road 92 to be due west); Beginning at a point marking the intersection of the east right-of-way line of Farm Market Road 521, the south line of said Abstract 198 and the north line of the A.B. Langerman Survey Abstract — 555; Thence N 22° 48' 07" E — 6,111.75', more or Tess, along the east right-of-way line of said Farm Market Road 521 to a point for comer, Thence N 20° 47' 50" E — 3,643.78', more or less, continuing with the east line of said Farm Market Road 521 to a point for comer in the centerline of Clear Creek; Thence N 58° 50' 00" E — 636.41', more or Tess, with the centerline of Clear Creek to a point for comer; Thence N 60° 52' 27" E — 656.23' with the centerline of Clear Creek to a point for comer on the south right-of-way line of McHard Road marking a point on a curve to the left having a radius of 1,829.86' and a central angle of 19° 17' 25"; Thence with said curve and along the south right-of-way line of said McHard Road an arc distance of 616.07', more or Tess, and a chord bearing and distance of N 80° 10' 07° W — 613.17', more or less, to a point marking the point of tangency; r Thence N 89° 48' 49" W— 173.89', more or Tess, with the south right-of-way line of said McHard Road to a point for comer; Thence S 55° 29' 28 W — 87.84', more or Tess, with the south right-of-way line of said McHard Road to a point for comer on the east right-of-way line of.Farm Market Road 521; Thence N 20° 47' 45" E, passing at 904.60', more or less, the Harris County and Fort Bend County Line and continuing a total distance of 1,225.98', more or less, to a point for comer on the north line of the H. Levering Survey Abstract 279; Thence S 89° 07' 15" E with the north line of said Abstract — 279 and said Abstract — 212 and passing at 223.93', more or less, the northwest comer of that certain tract from First City National Bank of Houston, Trustee, et al to Harris County (Parcel 6, Park Site) as filed in Official Records of Real Property of Harris County at Clerk's File Number K-691654 and continuing a total distance of 4,160.37', more or less, to a point for comer in the west right-of-way line of County Road 48, said point marking the northeast comer of that certain tract from First City National Bank of Houston, Trustee, et al to Harris County (Parcel 3, Park Site) as filed in Official Records of Real Property of Harris County at Clerk's File Number K-691654; Thence S 00° 45' 58" W — 344.88', more or less, with the west right-of-way line of County Road 48 to a point for comer on the Harris County and Brazoria County Line; Thence S 65° 17' 21" W — 2,476.04', more or less, continuing with the common line of Harris County and Brazoria County to a point for comer marking the intersection of the Harris County, Brazoria County and Fort Bend County Lines; Thence S 14° 57' 39" W — 9,636.01', more or less, with the common line of Fort Bend County and Brazoria County to a point for comer on the south line of said Abstract — 305 and the north line of said Abstract — 538; Thence West — 911.81', more or less, with the south line of said Abstract — 305 and the north line of said Abstract — 538 to a point for comer in the east line of said Abstract 198 and the marking the southwest corner of said Abstract — 305 and the northwest comer of H.T. & B. R.R. Company Survey Abstract — 538; Thence South —137.72', more or less, with the east line of said Abstract —198 and the west line of said Abstract — 538 to a point for comer marking the northeast comer of said Abstract — 555; 2 Thence West 2,871.50', more or less, with the south line of said Abstract 198 and the north line of said Abstract — 555 to the POINT OF BEGINNING and containing 769 acres of land more or less. This description was prepared using numerous recorded subdivision maps, recorded deeds and City City of Pearland Ordinances and does not represent an on the ground survey. Compiled by: C.L. Davis & Company Job Number: 11-421-44B 10/1/98 3 op a1 h. f� r At.littettA Amigo me 1 1 • Ikt �� i11 flhnn rat AFFIDAVIT OF PUBLICATION The Pcarland Reporter News 2404 South Park Pearlcncl, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cumming;, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for q issues, as follow:;: No. Date l-,23 19 qe_ No. Date No. Date — — — 19 No. Date No. Dale Subscribe and sworn to before me this 19 lS_ 19 19 Editor day ofG1< Wbt: y` Iicgbil&6tltexas Commission Expires 9-9-02 Beginning at a point meMAI a - the intersection of the eat: right-of-way line of Farm k- Market Road 521, the south &hereby:Oven-that hne et saiiinA d Abstract 198 and, 9 4.be-,11.eidbY :tfilie°811 el the AS. JODI 14 thy tangs:man Bilivey Abstract Piterteng E • Thencerat 22,-"41''07"E 519.ilhal'hf.Drhie,. Partied, '1111.0.0(118tralikon.y. i1/20414,;75144noie#14catrni pose 01 nenaideent annibetE2 -.eon into thecilyitnits dale following property:, METES AND ROUND? - DESCRIPTION 769 AGARS MQRE OR 1,99S BENG. QgASSTRA9TS198, 1212ArAAY.P-27a StetaY, NO FCRT.. ND,COUNP4 TEXAS. Generally Oiled west of the Fort Bend County and r - Brazoria County Line, the north line being approximately 300Vmorioriess, north of - Clear Creek in Harris Cotinty, • the west line being alongthe east righteof.tivayline-of Farm MarketRoad 521, the south linebeinthe south line 91 the= FranNin Moiler Survey • Abstract BB and north line of the A.B. Langannan Same Alseat-555,-and the east line -being the Fort Send County and Brazoria County common itne and the Hants County and Brazoria County common line,. Fieldnote description of 769, acresonere or less, to OQ ealleaedatte tbeCity of Peadand Incated in the Franklin Hooper Survey Abstract-198, the H.T.A13: R.R. Company Survey, Abstract.305, the S.G. Haynie BurverAbstriant-2120het. '9-.60. MiPpnakieuiry tff049;4,5700 tc• Stafford nianhatractABQ,.,and the H. Levering Survey Abstract- , 279, Fort Bend County and Harris County, Texas and being more particularly described by metes and .. fr braids es OW (1)ealeik"-.4 asaWfane4itet.Fi6adl521fili p a-polhl faraereari2..r...... • s..-, .;.-• . •• • L Tliettlat 299111460-Et111 .01At iHSP90t1S1 PrWinii4Attilh414Stilife1W*1€ 1:11i re? .40 [0910000.00-11141:11.7:7 000 in P01(9104OSS::*?11 636444;"tnere orless, with the centerline of Clear point for cOrrien.;..4t*....'...,i.J; . . , Theriee-N69t.52!-27fac.ff, tf, ..•-856.:231.withdhteentarlinadt:4 :f-Gleartcreels toa pcintter.Cps- ne.rontheeou94,90.1-et.lbly, 110*otiMOtia0Fleatificiridnt, 4-P49 01102.ta dtilij uthiight4,4snaiigoe;.;. iijoHard 90e.alkaPeintjgrtl j . '11-ilena'afa..*:$247..#1-ztt 0:644;n1O peeeteeifkieeIc 3,0ciisktOci-.;;;;;; is,neel-st;rok; ,„,. 11:4;r1. more r ess, to a: - froint forcomer (mine north In. a Of till. it Levering Survey /Abstract 279; taxa* Thence $S9° Or irRWth,- the as*Iine oftidAljegast • 7te"2 e:Prs aS, imore leas,the;naviest comer 4tetott49..1ran0i1 Firal ItYiNettered"Banthf • eitstoic poststorto,--% 400*.jrolvntioriot6;;Parti:- 13. "Pid-0914100eriycif pastivpieStphp-; 0.014;;PICIV1K.Sroiel4;;;;- Pq011471more [i IttiOnitelhe 4itt.; Sticirn41409;giantitt 4tEthCePinCriltitgotelr401"thil9t:; certain Stet frail FirstCity Natisnat Bank owsi. 1.„7..J -34 • CISII(sFHeNurhberK. 6910.54; - - Thence S 061 a 5' 58" W 344.88', more or less, with the west right-of-way line of - CarnUCketYr Ognotade ,4Nag rfitoiC-P9Q1iingtr Cl/ and Brazoria Cough/Line. 2T11;706q.cfrie SchniS9c17:rgisisicik,,* con- tinuing with the common line • of Harris County and Braioria . County to a pointforooniee marking the intersection of - . the Harris County, Brazoria County and Fort Bend County Lines; Thence S 441 67' 391 09,0:841,91;n,:nincid:ritleZithty theanreMeniinkcif Fern Bend?, tak'PeinWOhibtilk` iii4fbithe otsOCAlfetractRfc 3081N4lbriddhifeof_aajcit Abettebt-- tist1913 TicendiWOCiir o• rigstiei 0110 -4,14 .itsaoTh:lien;s111:44:ticr;s11:7 west iing' sae to a poigt Thence West 2,1171.50 more °ries% with the south line of said Abstract 198 and the - north line of said Abstract - 555 to the POINT OF BEGIN- NING and containing:769 acres of land more or less, This sessiviisiwis-c.-_s`ii;aTir pare,using numerous fif190/d eAlxiKeippmieet;; ityrec9eallapV 19"14, afieedaiut 1 d`Gity r Ordhiances awdfloes hot --, -514L-..--;) V- Allinterested citizens and property owners are hereby notifiedef their right to appear and be heard on the matter. AFFIDAVIT OF PUBLICATION The Pcarland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cumming;, hereby certify that the notice hereby appended Was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for issues, as fOIIOW,,, No. Date19 5 p No. Date —� 19 No. Date 19 No. Date No. Date Subscribe ancl sworn to before me this 19 19 19 day of V LAURA A. EMMONS Laura Ann Emmons, Publisher } 1 NOTICE OF PUBLIC NEARING ON ANNEXATION Nojcais hereby given that a public hearing will be by the City Council of the City of Peadand, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Peadand, Texas, at 6:30 P.M. on' October 19,1998, forthe par- ' pose of considednganpexa, tionantathe .city limits of the followingproperly: • METES AND BOUNDS DESCF1I TION 769,ACRB MORE' HAARUS-C,9UNTY-ME FORT BENQ COUNTY, TEXAS Generally located west ofthe -. Fort Bend County and @razoda County Linerthe -north line being approximately r S� more or less north of < 9.tear 0reekln Hams County, Ibe *est liM bemmg along the 9 Bast nghtgf way knpAt Farm Market Read 521, the south line being the Null) tine path, e Franklin Hooper Survey Abstract198:andthengrth lined the A;B Le'nge"mlan 'SurveyAhstmot555and`fhe astanabe ng 149 Field note description af769' acres, more or less, lobe annexed into the City of ' Peadz.id located in the Franklin Hooper Survey Abstract -198, the H,T. b B. R.R. Company Survey tract 305 the S.G. Haynie;; Abstract -2t2 the. Survey Fbsiract Bend County and: County,Texas and being morepartieulady described by ,rt (beesjodstaeceottnatw- .. sqd line of County;Road 92 to be. due West); Beginning ata point marking ' the intetsectionof the east right of -way littaofFarm Maiket Boad 521, the south line of said Abstract 198 and. the north lne ofihe . Langennan SuWey AbsA:Btract 555; Thence N 22° 48' 07' E - 6,1 1 1.75, more otless, along the east dght�pt way line of said Farm,Markat Road 521', Caa pointlor`. romeri Thence f4 20° 47 50'.B 3,643.78', more or less, con-_! - tinwog:with the east line of ;said Farm MarketRoad 521. Tioap0in fisccometInthe ebentedihe of Cleat Creek t i npe N58° 50 00 A 641 mord.,gatasszyn1frih9 ntedlne oflaar Creak fo, It nbfor corrmer enceN60°58277E— . 6,23''Mfht13e4ettlfldine 0f r ?. ear Qrask to. pointforpqr-it i ettot-41 a souyfnght'o1 way s, lmeof Moofard Road maddn9 e p i t on'a ytvetothe tejt$aredias of 1,829 88*ndflentral angle of 19° 17' ` FILED FOR REcoR 98 DEC 21 PIT .1: 50 e colon. eiBRA COON YRTE X A S ayl ad an 970 loon@ Ix&beadng n> oVN80°10'07' ,mdre or less, toa ddr tsja point Often -A 'f hanae•Narms 4fltYy:- gteifipoleo lea hilt , iS df*df wayIine'e1-seid . MaHardiRoattoa polntfor comer',,�� Thencg S 55° 29' 28' W - 8ho 84', more orlesewlth the south fight-of=way line Qf said McHBrd'Roadig*polptlor t cromner en the east-dght�of way line of FNmldaitetfpad= 521; Thence N 20° 47 4"E,;pass-. g at<84l60rrnte76`T r•Yeger fl the Mama county apd:FPd i,Bend,Coungt4ipe,tangOntint ulna a total dlatence of� .1225.98', m orre er less; to a point forcoflt r tttenorth line oftfie Levedngytvey Agstraet27H9 ThenF 89''0T-15' E • tyijb the north ne of jald Ab¢(raot 279 and saitAb%tragt- 2t? ,; d Pa€sfi9aJ22&93 more;: 104118,,: alortth'et First City a6Houston, a Official'Reiw ,s d+mpatty tQeuntyat I Ia*rFl mbarK' Thence S01 48,';58° W - 8fl moreAiJese, wilt tha gstighTrafwgy.Iinkat ` ountty Road 48 tO kpoint fo(' 'pomeron the fiardsfounty .` band Brat C4untyLne; ThenceS65°17'21'W- • 2,476.04'; more or less, con- tinuing with the common line of Hams County and Brazona Cpimty to a pQlnt tor_comgr marwdg the intersection of the. tau sU andPatep9deougry Lines; THE STATEOF -_ COMFY 0PBMZ I I hereby �terharwCestiHtbnnaBrmn. o�bI��®finandR bOglpA6 -Then 14° 57' 39' W 9fi2i301 '; more arises, with the bpaofTrott88mde+ County -and Brazona County to a point for corner on the . south linertsaid Abstract - 305 and the north line of said Abstract - 538; Thence West • Bitat, more or less, with the south line of said Abstract- 305 and the nbnh line of said Abstract - 538 to a point for comer in the ,east -line of saidAbstract-198.' and the marking the south- west comer of said Abstract -'. .305 and the northwest corner oft AB RR Cd p ny__; SWeL4Pstragt, gstlltsSatdlf 336Yg a poiittfor Comer mark- ing the northeast comer of saidAbstract - 555 ThenceWeet287150 more.- orta wah'the south line of `said Abstract 198"aind'the north line of said Abstract - =556;to the P OINTQF BEGIN- illhtS"and contaiNng 769 acres of land morear IeS. TMsdesenptt'on5;wa pre• ,pr'ed:using numerous ' recorded subdivision maps, itrecorded deeds and City City of Pearland Ordinances and does not represent an on the ground survey. Allmterested citizens and jiwerty owners are hereby ;ngipted of thetr.r19ht t4 apjaart._ wmpedhrrwryrty and date as 'a✓halMagtertsaX Memo To: Mayor and City Council Through: Paul Grohman, City Manager From: Alan Mueller Subject: 1998 Proposed Annexations Date: August 16, 1998 Background Pursuant to Council Goal #8 as established at the Council retreat in February 1998, this memo and attachments outline various issues related to the proposed 1998 annexation plan. In addition to the objectives described in Goal #8, the City Council has established the following priorities for annexation: 1. Annex major thoroughfare corridors to ensure quality development (landscaping, facade, sign requirements). 2. Annex areas to "square off' city limits along clearly definable physical features to facilitate efficient response by public safety personnel (Police, Fire, EMS). 3. Annex undeveloped tracts to encourage orderly and quality development. The staff reviewed six potential areas for annexation; the three areas proposed for annexation meet the above criteria and represent manageable areas for service delivery. While revenue generation is not a consideration for annexation, Council did ask for an estimate of service delivery, so the areas were analyzed to ensure that they would at least be self-supporting in terms of paying for the cost of providing service to the areas. We are slightly behind the schedule laid out in Goal #8, however, there is still adequate time to complete the annexation prior to the end of the year. Please refer to the attached proposed schedule. City Limit Area The total area within the City limits as of January I, 1998, was 30.34 square miles. On February 23, 1998, 624 acres were annexed, bringing the current City limit area to 31.31 square miles. Mayor and City Council Page 2 August 16, 1998 The area allowable for annexation under State Law in 1998 is detailed below: Maximum Allowable (30% of 1/1/98 area) Less County Road 403 Area Available Proposed Annexation Area The proposed areas are as follows: Acres Square Miles 5,824.33 9.10 624.00 5,200.33 .98 8.12 Acres Square Miles 1. West of SH 288 2,800 4.38 2. West of max Road (MUD 16) 280 .48 3. Cullen Area 1,330 2.08 Total 4,410 6.94 Of the 2,800 acres in Area #1, approximately 2,000 acres is expected to be annexed by request of land owner(s). Areas annexed by petition do not count against the maximum area that can be annexed in a given year. Therefore, the proposed annexation area is well within the limit established by law. The proposed areas are shown on the attached map and are described briefly below: 1. West of SH 288: The area is bounded by CR 92 on the south and FM 521 on the west. The area excludes the convenience store on the southeast comer of McHard Road and FM 521. The property is currently vacant and used for agricultural purposes. This is the largest contiguous parcel of vacant property in the ETJ; annexation will ensure that development occurs in an orderly and quality manner. 2. West of Max Road (MUD 16): Most of this area is a "paper MUD", being a MUD that was created, but which has never developed or issued debt. The City and the MUD had an agreement, which expired in December 1997, whereby the MUD developer was supposed to extend water and sewer to the property in exchange for non -annexation by the City. The developer did not fulfill his obligations and the agreement has expired. To prevent further development of out -of - City MUD's, this annexation is recommended. The property is bounded on the east by Max Road (the current City limits) and is currently vacant. There is one out -tract to the MUD that is included in this annexation that appears to have one residence located on it. Mayor and City Council Page 3 August 16, 1998 3. Cullen Area: Cullen Boulevard and FM 1128 are the last major entrance corridors that have not been annexed into the City. The east side of FM 1128, but not the west side, has been annexed. Neither side of Cullen has been annexed. The minimum width for an annexation is 1000 feet. If only the 1000 foot corridor along Cullen were annexed, the City limit lines would be hard to locate in the field and it would leave two small areas unannexed that are contiguous to either the City limits or a MUD boundary. To protect the Cullen corridor and to avoid hard -to -find City limit lines, this annexation is recommended. There are an estimated 300 homes, 20 businesses, and 1,100 persons in this area. A portion of this area will fall into the 'A mile area outside of the Brookside Village City limits that Brookside Village is currently challenging. The outside legal counsel representing the City in the Brookside litigation has advised us that the pending litigation should not impede the City's business. There is the possibility of a Brookside seeking an injunction, but this potential threat should not deter the City from an action it normally would take. Service Plan Issues The primary impact of these annexations is anticipated in the following departments: Police, Public Works (road and ditch maintenance), and Parks (right-of-way mowing). Estimated capital and staffing needs for these departments is shown on the attachments. The proposed areas are already served by Fire and EMS, so annexation will not cause additional work load, and will generate revenue to help offset the cost of service that has historically been provided. Animal Control added additional personnel last year and a stock trailer is in the proposed budget to handle animals that are typically encountered in areas such as these. Utility Billing has an additional Customer Service Representative in the proposed budget that will be able to assist with the additional sanitation billing requirements. Code Enforcement is already authorized for 5000 feet outside of the City limits, so much of theses areas are already being monitored by that department. Implementation of proper zoning will be a benefit to the Code Enforcement department in the long run, by reducing the number of inconsistent land use patterns and substandard buildings/mobile homes with which they must deal. There is also an additional plan reviewer/inspector in the proposed budget. The Water and Sewer department will not be immediately impacted. Obviously, as these areas develop, additional staff and equipment will be required. However, additional tax base and other fees will be generated to pay for incremental staffing up. The preliminary expense estimates for service to these areas was based on servicing existing conditions. In most cases, the equipment and personnel can be phased in over a two to three period while still providing adequate service that meets or exceeds the requirements of the law. A projection of revenue and expenses for the areas is shown on the attachments. Notification Issues The only notification to residents regarding annexation required by law is publication in the official City newspaper. Last year, we also held several informal informational meetings, Mayor and City Council Page 4 August 16, 1998 distributed info packets, and mailed info packets on request. Residents received direct notice of annexation via a letter regarding the initiation of City trash collection. This year, we will continue the informal meetings and also attempt to send an advance notice to each resident. We are still researching the mechanics for this mailing; it appears that we can obtain a "resident" mailing list from the post office. Action The first step in the annexation process is for the Council to direct the staff to prepare a service plan. This action is proposed on the August 24 agenda. This action does not commit the Council to the annexation, but is required to continue the dialogue and preparation for the annexation. ESTABLISHED GOAL: Annexation Plan and Timetable PURPOSE: To provide for the orderly expansion of the City limits while maintaining a high level of service to all residents and businesses. 1. Establish areas to be annexed in 1998. • Draft area to staff for comments 2. Prepare service plan cost estimates. 3. Prepare annexation maps and legal description. 4. Provide advance notice to utilities and other agencies. 5. Prepare new address database and maps. 6. Include new expenses in budget. 7. Notify residents in proposed annexed areas. 8. Conduct Informational meetings. 9. Conduct Public Hearings. 10. Adopt ordinance •Begin immediate services 11. Begin solid waste service. 12. Institute address changes 'Other. 1. Monitor state legislative actions regarding Annexation Laws. 2. Pursue deannexation by Houston of areas South of BW 8. Primary Goals Page 8 Developed 2/13/98 (Revised 6/3/98) TARGET DATE 06/01/98 07/01/98 07/01/98 07/01/98 08/01/98 10/01/98 10/01/98 11 /01 /98 12/01/98 12/31/98 02/15/99 02/15/99 On Going On Going DATE COMPLETE 5/29/98 In Process Annexation Schedule August 14, 1998 1. West of SH 288, north of CR 92 2. MUD 16 3. Cullen Blvd. Corridor Action Council Direction to Prepare Service Plans First Public Hearing Notice to Newspaper Advertise First Public Hearing Statutory Target Date Requirement Actual August 24, 1998 Prior to Requirement Advertisement of Met 1st hearing September 21, 1998 (Monday) NA NA September 23, 11-20 Days Prior 12 Days 1998 to First Public (Wednesday) Hearing First Public Hearing October 5, 1998 21-40 Days (1st Monday of Before the First October) Reading of the Ordinance Second Public Hearing Notice to Newspaper October 5, 1998 (Monday) NA 35 Days NA Advertise Second October 7, 1998 11-20 Days Prior 12 Days Public Hearing (Wednesday) to Second Public Hearing Second Public Hearing First Reading of the Ordinance October 19, 21-40 Days 1998 Before the First (3rd Monday of Reading of the October) Ordinance November 9, 21-40 Days 1998 After the Second (2nd Monday of Public Hearing November) 21 Days 21 Days Second & Final November 23, Within 90 Days 14 Days Reading of the 1998 of First Reading Ordinance (4th Monday of of the Ordinance November) Proposed 1998 Annexations Revenue and Expense Estimate Summary 08/17/98 Annual Revenue Source Revenue Property Taxes $324,328 Sanitation -Residential $9,017 Sanitation -Commercial $3,802 Franchise Fees $12,165 Total $349,312 Annual Expense Operating Expenses $267,658 Net Revenue $81,654 Initial Capital Expenditure $428,652 Capital Expenditure 5.25 Years Payback Period 1998 Annexation Revenue Projections 08/17/98 1997 Annexation Data 1997 Addresses 1997 Area 1997 Value Estimated $/acre $/Address Persons/Ac. 1998 Annexation Valuation Estimates Proposed Areas West of 288 MUD 16 Cullen Area Total 1400 4,089.63 Address Points Area 0 0 320 320 1998 Annexation Revenue Estimates Revenue Source Property Taxes (1) Sanitation -Residential (2) Sanitation -Commercial (3) Franchise Fees (4) Total $81,324,457 $19,886 $58,089 1.27 . $/acre est. $/Address est. Persons/Ac. 2,800 $5,000 NA NA 280 $5,000 NA NA 1,330 $23,863 $99,179 0.89 4,410 0.27 1998 value est $14,000,000 $1,400,000 $31,737,305 $47,137,305 Valuation or Collection No. of Customer: Rate or Fee Rate $47,137,305 0.00695 300 $2.53 20 $16.00 320 $3.20 99.00% 99.00% 99.00% 99.00% Annual Revenue $324,328 $9,017 $3,802 $12,165 $349,312 Notes: (1) Valuation estimated from 1997 annexation values and assumed value for raw land. (2) $1 billing fee plus $1.53 franchise fee per month. (3) Based on $100 monthly trash bill per business. (4) Based on same assumptions as TIRZ Plan (4% of average $80/month bills). Includes electricity, telephone, gas, and cable. 1998 Annexation Expense Projections 08/17/98 Annual Dept. & Expense Capital Operating Parks - ROW Mowing 1 Tractor $20,000 1 Bat -Wing Mower $12,000 1 Employee Streets & Drainage Drainage Crew 1 Gradall $160,000 2 Dump Trucks $120,000 1 Pickup $25,000 4 employees Streets Maintenance 1 Pickup 2 Employees $25,000 $25,000 $108,000 $54,000 Police 2 Officers $80,658 Vehicle/Equipment $66,652 Total $428,652 $267,658