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
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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
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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.
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TO—REID
MAYOR
ORDINANCE NO. 882
APPROVED AS TO FORM:
Z c
OWw^.� r
DARRIN M. COKER
CITY ATTORNEY
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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;
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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;
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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
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CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 769 ACRES OF LAND
EXHIBIT
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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
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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
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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
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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
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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.
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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.
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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;
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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
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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