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Ord. 0881 11-09-98ORDINANCE NO. 881 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 (CULLEN BOULEVARD AREA); 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. 881 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 1,324 Acres of Land Located North of FM 518 with the South Line Being Along the North Line of City of Pearland Ordinance No. 708 and 756; the West Line Being Common Along the East Line of City of Pearland Ordinance No. 756, the East Line of Crystal Lakes and the East Line of Municipal Utility District Number 5 North of County Road 403 following said Municipal Utility District Number 5 East Line from County Road 403 to 100' South of Clear Creek; the North Line Being 100' South of the Centerline of Clear Creek Common with City of Pearland Ordinance No. 31; the East Line Being Common with the West and North Line of Municipal Utility District Number 16, the West Right -of -Way Line of County Road 108 (Max Road) to the Intersection of City of Pearland Ordinance Number 31 and Following Said Ordinance 31 Northerly to the Intersection with Said North Line 100' South of Clear Creek, Encompassing Approximately 1,324 Acres in Brazoria County, Texas" attached hereto as 2 ORDINANCE NO. 881 Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this 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 3 ORDINANCE NO. 881 annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in Exhibit "A", attached hereto, any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, 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 '1th day of {� I ovCnL h t' , A. D., 1998. TOM REID MAYOR .�1�22 (CI PASSED and APPROVED on Second and Final Reading this the J9%3 — day of no�em1y, r , A. D., 1998. T M rctl MAYOR '5425-nt 4 ORDINANCE NO. 881 RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 98 053914 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA & HARRIS § 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. 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. 881 - ANNEXATION OF 1,324 ACRES OF LAND GENERALLY DESCRIBED AS CULLEN BOULEVARD AREA; passed and approved by City Council on November 23, 1998. Witness my hand and seal of the City of Pearland, Texas, this 17th day of December 1998, at Pearland, Texas. 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us Exhibit A CULLEN ROAD ANNEXATION 1,324 ACRES MORE OR LESS BRAZORIA COUNTY TEXAS Generally located north of FM 518 with the south line being along the north line of City of Pearland Ordinance Number 708 and 756; The west line being common along the east line of City of Pearland Ordinance Number 756, the east line of Crystal Lakes and the east line of Municipal Utility District Number 5 north of County Road 403 following said Municipal Utility District Number 5 east line from County Road 403 to 100' south of Clear Creek; The north line being 100' south of the centerline of Clear Creek common with City of Pearland Ordinance 31; The east line being common with the west and north line of Municipal Utility District Number 16, the west right-of-way line of County Road 108 (Max Road) to the intersection of City of Pearland Ordinance Number 31 and following said Ordinance 31 northerly to the intersection with said north line 100' south of Clear Creek. Field notes description of 1,324 acres, more or Tess to be annexed into the City of Pearland being out of the F.B. Drake Survey Abstract — 506 being all of or part of Lots 1, 2, 6, 7, 16 —22, 31 —37, 41— 44, 46 — 52 and 54 — 59, Section 20 Allison Richey Gulf Coast Homes Company Subdivision according to the plat thereof filed in Volume 2, Page 23 Brazoria County Plat Records and out of Abstract — 243 being all or part of Lots 1 —15, 17 — 31, 33 — 46, 49 — 62, Section 19 Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records and out of Abstract — 505, being all or part of Lots 1 —10, 30 — 35 Section 10 Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records and a portion of Abstract — 187 south of Clear Creek, said tract being more particularly described by metes and bounds as follows; Beginning at the intersection of the west right-of-way line of Cullen Boulevard and the south right-of-way line of County Road 403 and marking the northeast comer of Resolution Number R95-73 also being the northeast comer of Crystal Lakes Subdivision according to the plat thereof filed in Volume 19, Page 543- 544 Brazoria County Plat Records; Thence Westerly — 2,444.10', more or Tess, with the north line of said Resolution Number R95-73 and the south right-of-way line of County Road 403 to the northwest comer of said Resolution Number R95-73; Thence Westerly — 831.40', more or Tess, continuing with the south right-of-way t line of said County Road 403 to a point being on a curve to the right having a radius of 2,473.30' and a central angle of 13° 56' 40"; Thence continuing with the south right-of-way line of said County Road 403 as realigned by those certain deeds filed in Volume (84)35, Page 722 Brazoria County Official Records and Volume (84)479, Page 192 Brazoria County Official Records an arc distance of 601.95', more or less, to a point for comer; Thence Northwesterly — 251.92', more or Tess, continuing with the realigned right-of-way line of said County Road 403 to a point on a curve to the right having a radius of 2,396.46' and a central angle of 14° 27' 40"; Thence with said curve and continuing with the realigned south right-of-way line of said County Road 403 an arc distance of 604.85', more or less, to a point for comer, Thence Northerly — 20.00', more or less, to the south line of that certain called 1,023.9375 acres tract conveyed to U.S. Home Corporation by deed filed in Volume 1425, Page 630 Brazoria County Deed Record and the south line of Municipal Utility District Number 5; Thence Easterly —1,435.5', more or less, with the south line of said U.S. Home Corporation tract and Municipal Utility District Number 5 to a point marking the most southerly southeast comer of said U.S. Home Corporation tract; Thence Northerly — 827.02', more or Tess, with the east line of Southdown, Section 8 to a point marking the southwest comer of Municipal Utility District Number 5 Resolution Number R83-41 called 34.6923 acres tract; Thence Easterly — 824.17', more or less, with the south line of said Resolution Number R83-41 to a point for comer; Thence Northerly —1,834.09', more or less, with the east line of said Resolution Number R83-41 and the east line of said Southdown Section 6 and 7 to a point for comer, Thence Westerly — 823.19', more or less, with the north line of said Resolution Number R83-41 and the north line of said Southdown Section 6 to a point for comer; Thence Northerly 464.83', more or Tess, with the easterly line of Municipal Utility District Number 5 to a point for comer; Thence Westerly 723.32', more or less, continuing with the common line of 2 Municipal Utility District Number 5 to a point for comer; Thence Northeasterly — 741.77', more or less, with the common line of Resolution R80-13 to a point for comer; Thence Easterly — 3,468.47', more or Tess, with the south line of Tract A-13, called 112.9153 acres tract Resolution Number R80-13 to a point for comer, said point being on the east right-of-way line of Cullen Boulevard; Thence Northerly —1,270.6' with the east right-of-way line of Cullen Boulevard to a point 100', more or Tess, south of the centerline of Clear Creek; Thence in a northeasterly and southeasterly direction with a line common with City of Pearland Ordinance 31 and along a line 100' south of and parallel to the meanders of Clear Creek, and centerline of said Clear Creek being the county line between Brazoria County and Harris County to a point 100' west of and parallel to the west line of Sunbrook Subdivision according to the plat thereof filed in Volume 7, Page 137 Brazoria County Plat Records; Thence Southerly — 2,082.4', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' west of and parallel to the west line of said Sunbrook Subdivision to a point on the north line of Lot 26, Section 10 Allison Richey Gulf Coast Home Subdivision Co. Subdivision Abstract — 505 said point being in the right-of-way of Brookside Road; Thence Westerly — 94.9', more or Tess, continuing with a line common with City of Pearland Ordinance 31 and with the north line of said Lot 26 to the common north corner of Lot 26 and Lot 1, Section 10; Thence Westerly — 100', more or less, continuing with a line common with City of Pearland Ordinance 31 and with the north line of said Lot 1, Section 10 to a point for comer, Thence Southerly —1,975.7', more or Tess, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' west of and parallel to the west line of Lots 26 — 30, Section 10 Allison Richey Gulf Coast Home Company Subdivision, Abstract — 505 to a point for comer; Thence Easterly —1,103.8', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' south of and parallel to the south line of Lot 29, Section 10 Allison Richey Gulf Coast Home Company Subdivision, Abstract — 505 to a point for comer; Thence Southerly — 729.3', continuing with a line common with City of Pearland 3 Ordinance 31 and more or less, with a line 100' west of the east right-of-way line of Max Road (County Road 108) to a point for comer; Thence Easterly — 30.0', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line being the extension of a line 100' south of and parallel to the south line of Lot 14, Section 9 of said Allison Richey Gulf Coast Home Company Subdivision to a point for comer; Thence leaving the City of Pearland Ordinance Number 31 line, Southerly — 1,489.0', more or less, with the west right-of-way line of said Max Road and the existing City Limits Line of Pearland as established by City of Pearland Ordinance Number 830 to a point marking the northeast comer of Municipal Utility District Number 16, Resolution Number R86-3; Thence Westerly — 2,068.44', more or less, with the north line of said Municipal Utility District Number 16 to the northwest comer of said Municipal Utility District Number 16 for a point for comer, Thence Southerly — 5,162.55', more or less, with the west line of said Municipal Utility District Number 16 and the east right-of-way line of County Road 561 to a point on the north line of City of Pearland Ordinance Number 708; Thence Westerly —1,756.10', more or less, with the north line of City of Pearland Ordinance 708 to a point for comer on the west line of a 40' road and marking a point on the north line of Lot 31, Section 19 Allison Richey Gulf Coast Home Company Subdivision; Thence Southerly 524.00' continuing with the common line of City of Pearland Ordinance 708 and the west right-of-way line of a 40' road to a point for comer; Thence Westerly —1,578.00', more or less, continuing with the north line of said City of Pearland Ordinance Number 708 and with the south line of Lots 15 and 31, Section 19 Allison Richey Gulf Coast Home Company Subdivision to a point in the right-of-way of Cullen Boulevard; Thence Westerly — 861.00', more or less, continuing with the north line of said City of Pearland Ordinance Number 708 to the northeast comer of City of Pearland Ordinance Number 756 for corner; Thence Westerly — 811.00', more or less, with the north line of Lot 45, Section 20, Allison Richey Gulf Coast Home Company Subdivision and the most easterly north line of City of Pearland Ordinance Number 756 to a point for comer; Thence North — 2,092', more or less, with the east right-of-way line of Hillhouse 4 Road and continuing with the common line of City of Pearland Ordinance Number 756 to a point for comer; Thence the following 6 courses with the common line of Municipal Utility District Number 5 Resolution Number R95-73 and said Crystal Lakes Subdivision; Thence Easterly — 824.24', more or less, to a point for comer; Thence Northerly — 524.60', more or less, to a point for comer, Thence Easterly —109.10', more or less, to a point for comer; Thence Northerly — 416.60', more or Tess, to a point for comer; Thence Easterly — 671.80, more or less, to a point for comer; Thence Northerly 602.50', more or less, to the POINT OF BEGINNING and containing 1,324 acres of land more or less. This description was prepared using numerous recorded subdivision maps, recorded deeds and City Ordinances and does not represent an on the ground survey. Compiled by: C.L. Davis & Company Job Number: 11-421-39A 10/1/98 s 1 a 1 1 C 111.1 ! IIf��i ila 'IS SIAM I* a IA -"WeliSSMSZejailliS li„ebtraii\i1\l 40 liSSISISSISIC ttilinro BM 111111110 VIA1102111 40,1 Is cry;' J W �a. ' EXHIBIT CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 1,324 ACRES OF LAND LOCATED NORTH OF FM 518 WITH THE SOUTH LINE BEING ALONG THE NORTH LINE OF CITY OF PEARLAND ORDINANCE NUMBER 708 AND 756; THE WEST LINE BEING COMMON ALONG THE EAST LINE OF CITY OF PEARLAND ORDINANCE NUMBER 756, THE EAST LINE OF CRYSTAL LAKES AND THE EAST LINE OF MUNICIPAL UTILITY DISTRICT NUMBER 5 NORTH OF COUNTY ROAD 403 FOLLOWING SAID MUNICIPAL UTILITY DISTRICT NUMBER 5 EAST LINE FROM COUNTY ROAD 403 TO 100' SOUTH OF CLEAR CREEK; THE NORTH LINE BEING 100' SOUTH OF THE CENTERLINE OF CLEAR CREEK COMMON WITH CITY OF PEARLAND ORDINANCE 31; THE EAST LINE BEING COMMON WITH THE WEST AND NORTH LINE OF MUNICIPAL UTILITY DISTRICT NUMBER 16, THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 108 (MAX ROAD) TO THE INTERSECTION OF CITY OF PEARLAND ORDINANCE NUMBER 31 AND FOLLOWING SAID ORDINANCE 31 NORTHERLY TO THE INTERSECTION WITH SAID NORTH LINE 100' SOUTH OF CLEAR CREEK, ENCOMPASSING APPROXIMATELY 1,324 ACRES IN BRAZORIA 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 north of FM 518 with the south line being along the north line of City of Pearland Ordinance Number 708 and 756; The west line being common along the east line of City of Pearland Ordinance Number 756, the east line of Crystal Lakes and the east line of Municipal Utility District Number 5 north of County Road 403 following said Municipal Utility District Number 5 east line from County Road 403 to 100' south of Clear Creek; The north line being 100' south of the centerline of Clear Creek common with City ofPearland Ordinance 31; The east line being common with the west and north line of Municipal Utility District Number 16, the west right-of-way line of County Road 108 (Max Road) to the intersection of City of Pearland Ordinance Number 31 and following said Ordinance 31 northerly to the intersection with said north line 100' south of Clear Creek, encompassing approximately 1,324 acres in Brazoria 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 Nan and specifically renews this Plan for a stated period of time. 1 III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (I) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. 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 of services be provided to all areas of the City (mcluding 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 2 the area according to mutually agreed to procedures. c. Emergency Medical Service. The Pearland Emergency Medical Service (EMS) will continue to provide emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection. Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection service, property must have frontage on a public street and place solid waste in containers approved for the specific type of occupancy. e. Maintenance of Water and Wastewater Facilities. Existing public water and wastewater facilities win 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. g. 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. 2. 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 privileges at City/County libraries on the same basis as current residents. b. 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 tq 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 nernwry are indicated below, and any ner.etwy 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. 1. 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. Water and Wastewater Facilities. Additional capital improvements will be necessary 4 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 of connecting to available lines will be the responsibility ofthe 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 ofother local governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department ofTransportation, for instance. Additional roads, streets or related facilities are not ner.essary 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 nereccary 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. 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. 5 This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Phan 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 CULLEN ROAD ANNEXATION 1,324 ACRES MORE OR LESS BRAZORIA COUNTY TEXAS Generally located north of FM 518 with the south line being along the north line of City of Pearland Ordinance Number 708 and 756; The west line being common along the east line of City of Pearland Ordinance Number 756, the east line of Crystal Lakes and the east line of Municipal Utility District Number 5 north of County Road 403 following said Municipal Utility District Number 5 east line from County Road 403 to 100' south of Clear Creek; The north line being 100' south of the centerline of Clear Creek common with City of Pearland Ordinance 31; The east line being common with the west and north line of Municipal Utility District Number 16, the west right-of-way line of County Road 108 (Max Road) to the intersection of City of Pearland Ordinance Number 31 and following said Ordinance 31 northerly to the intersection with said north line 100' south of Clear Creek. Field notes description of 1,324 acres, more or less to be annexed into the City of Pearland being out of the F.B. Drake Survey Abstract — 506 being all of or part of Lots 1, 2, 6, 7, 16 22, 31 —37, 41 — 44, 46 — 52 and 54 — 59, Section 20 Allison Richey Gulf Coast Homes Company Subdivision according to the plat thereof filed in Volume 2, Page 23 Brazoria County Plat Records and out of Abstract — 243 being all or part of Lots 1 —15, 17 — 31, 33 — 46, 49 — 62, Section 19 Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records and out of Abstract — 505, being all or part of Lots 1 —10, 30 — 35 Section 10 Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records and a portion of Abstract — 187 south of Clear Creek, said tract being more particularly described by metes and bounds as follows; Beginning at the intersection of the west right-of-way line of Cullen Boulevard and the south right-of-way line of County Road 403 and marking the northeast comer of Resolution Number R95-73 also being the northeast comer of Crystal Lakes Subdivision according to the plat thereof filed in Volume 19, Page 543- 544 Brazoria County Plat Records; Thence Westerly — 2,444.10', more or less, with the north line of said Resolution Number R95-73 and the south right-of-way line of County Road 403 to the northwest comer of said Resolution Number R95-73; Thence Westerly — 831.40', more or less, continuing with the south right-of-way t line of said County Road 403 to a point being on a curve to the right having a radius of 2,473.30' and a central angle of 13° 56' 40-; Thence continuing with the south right-of-way line of said County Road 403 as realigned by those certain deeds filed in Volume (84)35, Page 722 Brazoria County Official Records and Volume (84)479, Page 192 Brazoria County Official Records an arc distance of 601.95', more or Tess, to a point for comer; Thence Northwesterly — 251.92', more or less, continuing with the realigned right-of-way line of said County Road 403 to a point on a curve to the right having a radius of 2,396.46' and a central angle of 14° 27' 40'; Thence with said curve and continuing with the realigned south right-of-way line of said County Road 403 an arc distance of 604.85', more or Tess, to a point for comer, Thence Northerly — 20.00', more or Tess, to the south line of that certain called 1,023.9375 acres tract conveyed to U.S. Home Corporation by deed filed in Volume 1425, Page 630 Brazoria County Deed Record and the south line of Municipal Utility District Number 5; Thence Easterly —1,435.5', more or Tess, with the south line of said U.S. Home Corporation tract and Municipal Utility District Number 5 to a point marking the most southerly southeast comer of said U.S. Home Corporation tract; Thence Northerly — 827.02', more or Tess, with the east line of Southdown, Section 8 to a point marking the southwest comer of Municipal Utility District Number 5 Resolution Number R83-41 called 34.6923 acres tract; Thence Easterly — 824.17', more or less, with the south line of said Resolution Number R83-41 to a point for comer, Thence Northerly —1,834.09', more or Tess, with the east line of said Resolution Number R83-41 and the east line of said Southdown Section 6 and 7 to a point for comer, Thence Westerly — 823.19', more or Tess, with the north line of said Resolution Number R83-41 and the north line of said Southdown Section 6 to a point for comer; Thence Northerly 464.83', more or less, with the easterly line of Municipal Utility District Number 5 to a point for comer; Thence Westerly 723.32', more or less, continuing with the common line of 2 Municipal Utility District Number 5 to a point for comer; Thence Northeasterly — 741.77', more or less, with the common line of Resolution R80-13 to a point for comer; Thence Easterly — 3,468.47', more or less, with the south line of Tract A-13, called 112.9153 acres tract Resolution Number R80-13 to a point for comer, said point being on the east right-of-way line of Cullen Boulevard; Thence Northerly —1,270.6' with the east right-of-way line of Cullen Boulevard to a point 100', more or Tess, south of the centerline of Clear Creek Thence in a northeasterly and southeasterly direction with a line common with City of Pearland Ordinance 31 and along a line 100' south of and parallel to the meanders of Clear Creek, and centerline of said Clear Creek being the county line between Brazoria County and Hams County to a point 100' west of and parallel to the west line of Sunbrook Subdivision according to the plat thereof filed in Volume 7, Page 137 Brazoria County Plat Records; Thence Southerly — 2,082.4', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' west of and parallel to the west line of said Sunbrook Subdivision to a point on the north line of Lot 26, Section 10 Allison Richey Gulf Coast Home Subdivision Co. Subdivision Abstract — 505 said point being in the right-of-way of Brookside Road; Thence Westerly — 94.9', more or less, continuing with a line common with City of Pearland Ordinance 31 and with the north line of said Lot 26 to the common north comer of Lot 26 and Lot 1, Section 10; Thence Westerly —100', more or Tess, continuing with a line common with City of Pearland Ordinance 31 and with the north line of said Lot 1, Section 10 to a point for comer, Thence Southerly —1,975.7', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' west of and parallel to the west line of Lots 26 — 30, Section 10 Allison Richey Gulf Coast Home Company Subdivision, Abstract — 505 to a point for comer, Thence Easterly-1,103.8', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line 100' south of and parallel to the south line of Lot 29, Section 10 Allison Richey Gulf Coast Home Company Subdivision, Abstract — 505 to a point for comer; Thence Southerly — 729.3', continuing with a Tine common with City of Pearland 3 Ordinance 31 and more or Tess, with a line 100' west of the east right-of-way line of Max Road (County Road 108) to a point for comer; Thence Easterly — 30.0', more or less, continuing with a line common with City of Pearland Ordinance 31 and with a line being the extension of a line 100' south of and parallel to the south line of Lot 14, Section 9 of said Allison Richey Gulf Coast Home Company Subdivision to a point for comer; Thence leaving the City of Pearland Ordinance Number 31 line, Southerly — 1,489.0', more or less, with the west right-of-way line of said Max Road and the existing City Limits Line of Pearland as established by City of Pearland Ordinance Number 830 to a point marking the northeast comer of Municipal Utility District Number 16, Resolution Number R86-3; Thence Westerly — 2,068.44', more or less, with the north line of said Municipal Utility District Number 16 to the northwest comer of said Municipal Utility District Number 16 for a point for comer; Thence Southerly — 5,162.55', more or Tess, with the west line of said Municipal Utility District Number 16 and the east right-of-way line of County Road 561 to a point on the north line of City of Pearland Ordinance Number 708; Thence Westerly —1,756.10', more or less, with the north line of City of Pearland Ordinance 708 to a point for comer on the west line of a 40' road and marking a point on the north line of Lot 31, Section 19 Allison Richey Gulf Coast Home Company Subdivision; Thence Southerly 524.00' continuing with the common line of City of Pearland Ordinance 708 and the west right-of-way line of a 40' road to a point for comer, Thence Westerly —1,578.00', more or less, continuing with the north line of said City of Pearland Ordinance Number 708 and with the south line of Lots 15 and 31, Section 19 Allison Richey Gulf Coast Home Company Subdivision to a point in the right-of-way of Cullen Boulevard; Thence Westerly — 861.00', more or less, continuing with the north line of said City of Pearland Ordinance Number 708 to the northeast comer of City of Pearland Ordinance Number 756 for comer, Thence Westerly — 811.00', more or less, with the north line of Lot 45, Section 20, Allison Richey Gulf Coast Home Company Subdivision and the most easterly north line of City of Pearland Ordinance Number 756 to a point for comer; Thence North — 2,092', more or Tess, with the east right-of-way line of Hillhouse 4 Road and continuing with the common line of City of Pearland Ordinance Number 756 to a point for comer; Thence the following 6 courses with the common line of Municipal Utility District Number 5 Resolution Number R95-73 and said Crystal Lakes Subdivision; Thence Easterly — 824.24', more or Tess, to a point for comer; Thence Northerly — 524.60', more or Tess, to a point for comer; Thence Easterly —109.10', more or less, to a point for comer, Thence Northerly — 416.60', more or Tess, to a point for comer; Thence Easterly — 671.80, more or Tess, to a point for comer; Thence Northerly 602.50', more or less, to the POINT OF BEGINNING and containing 1,324 acres of land more or less. This description was prepared using numerous recorded subdivision maps, recorded deeds and City Ordinances and does not represent an on the ground survey. Compiled by: C.L. Davis & Company Job Number: 11-421-39A 10/1/98 5 i d w CO r: a!w monamminuns AFFIDAVIT OF PUBLICATION The Pcarland Reporter News 2404 South Park Pearlancl, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cummings, hereby certify that the notice hereby appended was published in Lrazoria anti Harris Countic:, in the REPORTER NEWS, a newspaper of general circulation in L3razoria ,Intl Harris Counties, for I:,;,Ue:,, a:, fOIIOWL. No. — — Dale - )3 -- 19 /e - No. Date 19 No. _ _ Dale 19 No. Date No. Dale Subscribe and ,,worn to before me this 19 19 Editor clay of 0°6 PUBLIC NEARING ON VEXATION is hereby given that a hearing will be held by City Comet et the CAN of dand, Taxes, in the Chambers, City Hall, 19 Lberl/ Dave, Pendan axes, at 6•.30 P.M. on 5,1998, for the low - of comicial:1%1 M gJLLEN ROAD ANNEXA- erally ocatednorth of PM 8 with the south We being the north IMe d City 0l nd Ordnance Number and 756;Thewest one commas along the of City of Peadand Number 756, the line of Crystal Lakes a east line of Municipal District Number 5 County Road 403 said Municipal Utility Number 5 east rine from County Road 403 b 1t8' satyr of Clear Creek The north We being 1W south the centerline of Clear Creek; common with City of Ordinance 31; The east We being common wth the west and north line of Municipal Utility District Number 16, theft' west right-of-way We of Bounty Road 108 (Max Road) the intersection of City d Peadand Ordinance Number j9 and following said Weans 31 nodhertyto the i Intersection with salt not' Ina lot' south of Clear Creek boldMOW dnnawand $328awes, masaless to .r annexed into tire City of dand being out d the P 8 Survey Abstract -506 all ofor part dLots 1 ` 6, 7,16.22, 3147, 41.44, 52 and 5449, Section 20 Richey Guff Coast Company Subdivision to theplat thereof In Volume 2,Page 23 m County fiat R out of Abapect• 243 or pad Ali 145, 17- 4649.412, Section 19 Coast: idVoketia, Page 24 CotiMy Plat mod' organ°Kris HO, h 10Afton Richey HomeComPfuel s ootdig1D the 1 therecldedM Volume 2, k 24 Bravais County Plat` and a portion of ract•167 south d Clear said tract being more deaabad be and bounds as baowa; of, 'and the Waal Road'403 and maiK` • the northeast comer of Number R95-73 being the northeast cur - of Crystal Lakes according to the tthereof MedinVolume Page 543- 544 Brezoria Plat Records; • Westerly • 2,444.10', ales, with the north Me of said Resolution Number R95-73 and the.south -of-way lined Canty 403 to the northwest mer of said Resolution mbar R95-73; Westerly - 831.40', re or less, continuing with e south right-of-way line of County Road 403 to a being on a curve to the having a radus of Z;473.30' and a caret angle 6113° 58' 40'; Thence scanting wet te south fight -of -way be of sty Coady Road 403 as realigned by lose cedaln Sods flied in Volume (84)35, age 722 Brazed* Court/ Official Records and Volume County my Official )479, Page iRecerds an isuc datance d 801.95, mere nr lees, to a point tor comer, !Thence BMW'sstare/- `251.92, We or less, twilit the realOnad rem t-d- lie ofsaid County Road toaPoint en aCUM lo right baba a lidos d MT end a manual angle 14° 2T 40'; with said save and „maiming Wilt the reigned f south dgit-of-way One of said Coninity Road403 an are Ms- k lance of OS, macre or leas, taPoett&ewer; . \Thence Neettedy-20A0'. ore or leas, en the south t that cedak1 ailed 023.9375 saes tract con - to U.S. tome ton by deed tied M Volume 1425, Page 830 Brenda County Deed Resod and the south We 01 Ithatise UtlaY Pisthet Nun 5+ sisterly • 1,4355', re or less, With the south of said U.S. Home potation tract and ntapat UtMy ()mid umber 5 to a point marking teMost south* froulfhwat Weer el NIS BMWS Cotheietheffian Thence Northerly • 827.W, more or lass, with the east lined $outhdown, Section 8 to a point marking the south- west comer of Municipal Utility District Number 5 Resolution NunterR83.4t called 34.6923 acres tract Thence Easterly-824.17, more ales, rah the south lined said Resolution Number R83.41 to a point for comer; Thence Northerly i,634.09'. more or less, With the east _ lira of said Resolution . artst,e3;4f ardtMAast Wedsaki butter Section Sandi b a gaol for ThenceWesMM-til3-IV. I we or lestake lhanoth We of aid Reeciult n Hunter R6341 end the north lined said Soulldawa . Section 8 to a points comer i Thence NoMedy 4644.83', 1 more a less, with the eaatedy line of Municipal OWN DiStTIC i' Number 510afuMtfaCOP' ner, Thence Westerly 723.32', more or lest continue* weir the cornmonite0 MtNdpel UbTty Dig* Nutba 5 to a point for camel, Thence Notthea l&1y 741.7T, more or less, with the common line of Resolution R80-13 to a poke for come; Thence Easterly • 3A18.47, more or less, wth the south We of Tract A-3, called 112.9153 acres tract Resolution Number R80.13to a point for corner, said point matmng the southeast comer dsaid Tract k13; Thence Nathedy-1,285.73' with the east it of said Tract A3, ResdWmt Number R80- 13 and andtheceetetle of Cullen Boulevard as soled out M Tract *410 a point 100', more or less, south or the cement'* °Clear Creek vrith southerly fine of City of Peadand Ordinance 31; Thence in a northeasterly southeatitellYdsecdonSong a the 100'south d arid pang-_ lel b the meanders of Clear cormcreeKhnd said line being cony fine between &azoneComtyand Holds 4l Cantyb a poird 100 west of i - and pareael to the west to d Subrook$ubrevoioa aawrd' mg to the platthereof Rodin Volume 7, Page 137 Brazos County Plea Records; Thence Southerly - 2,082.4', more or less, with a tine 100' west of and Parallel to the west Wed said Surbrook Subdivision to a politico the north fined tot 26, Section 10 Nilson t1dtey Gat Coast Nan S,bdrieoa Ca Snbiniao- Retract -506 comer; Thence arMo Wwth i.nwrMlYud said,lo26tothe common north comer of toot 26 and Lot 1, Section 10 Thence Westerly • 100', more or less, with the north ine of said Lot 1, Section 10 to a point for comer, Thence Southerly-1,975.T, more or less, with a line 100' west of and parallel to the west line of Lots 26-30, Section 10 Maori Richey Gulf Pout Home Company Subdivision, Abebed 505 to a point for come; Thence EaMedy • 1,103.8', nacre or lees, with a One 100' eioith of and parallel to the 'south due of Lot 29, Section 10 Afton Richey Gulf Coast Home Company Selvision, Abstract - 505 to a point for comer, s Thence Southerly - 729.3', more ar less, with a line 1W west of the east right-of-way line of Max Road (County Road 108) to a point for cor- ner; Thence Westerly - 30.0'; more or less, nth a Tine being the extension daine 100'south of end parallel to the south Ins of Lot 14, Section 9 of said Allison Gulf Coast Home Comte Subdivision to a point for comer, Thence moving to City of Pearlend Ordnance Number 31 tine, Southerly -1,489.0', more or less, with the west right-of-way line of said Max Road and the eotting City Lint Uneof Peadand as sstabished by City of Peadand Ordnance Number 130 to a pant mute till. non beast come of Municipal Why District Number 16, =Resolution Number R86-3; Thence Westerly - 2,068.44', more or less, with the north one of said Municipal Utility District Number 16 to the northwest comer of said Munkipteu Number 16 tor a point for cor- ner; m .1' the west line of said Municipal t11Nty District Number 18 and the east right-of-way line of County Road 561 to a point on the north foe of City of Peadand Ordinance Number 708; Thence Westerly • 1,756.10', more or Tess, with the north One of City of Pearland Ordnance 708 to a point for comer on the west line of a 40'road and madding a point , on the note line of Lot 31, Section 19 Allison Richey GuliCoastHome5prtpany Subdivision; n I Thence Southedy524.00' . continuing with the common fined City of Peeland • Ordnance 708 arid due went right-of-way line cif a 40' road to a point for comer, i Thence Westerly -1,578.00', more or less, continuing with the north line of said City of i Peadand Ordinance Number 1 ' 708and with the south ineof Lots 15 and 31, Section 19 i Arson Richey Gyi Coast Herne Comphany,Subaviaion 01b a point inthe tight-d-way Qgen8otevard 'Thence Westerly - 861.00', more or less, continuing with the north line of said City of Pearfand Ordinance Number 708 to the northeast comer of City of PeariandOrrnance Number756for comer, Thence Westerly - 811.00', more or less, with the north One of Lot 45, Section 20, PANsoh Richey Gut Coast Home Company subdivision and the most easterly north the deity of Peadand Ordnance Number 756 to a point for comer; Thence North • 2,092', more, or less, with the east dgtt-d- waYins) ofHithouseRoad . and coMnungWithdi'score; t mon fine of City of PeartefW Ordnance Number 756 to a point for comer, Thence the following 6 cours- es with the common fine of Municipal Utility District --taunller5 Resolution Number R95-73 and said Crystal Laces Srbdivieion; Thence Easterly - 82424', f more orlees, to a point for hence Northerly • 524.60', rpae or less, to a point for homer; ,Thence Easterly - 109.10', of lee& to a poet for Thera Northerly • 416.60', more orlass, b a point for comer; 'Thence Easterly • 671.80, or less, to a point for Thence Northerly602.50', more or less, to the POINT OF BEGINNING and contain- ing 1326 acres of land more ;wless. maps,dessfifftlen was pre. /PAW wing numerous recorded subdhislon recorded deeds arwlcty and does not Si on the graard 4survey. {Ai interested citizens and Lowed PrTerly owners are hereby of their right to appear ':and be heard on the matter. 'toung torfing pity Secretary site is accessible to dis- indnidrals. For special hce, such as the need /or deaf interpreters or braille materials, please cad young Lofted 485.2411, en. 341, prior to the meeting so that appr— w AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 Statc of Texas Brazoria and Harris Counties I, Joan Cummings, 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 follows: No. 1 _ Date - % 19 i 0 No. No. No. No. Date Date Date Dale Subscribe and sworn to before me this 19iu 19 19 19 19 day of Oct. / AURA A A. EMMONS �•.:. •.: ex as N • thirnet948x8i t8 a°s Laura Ann Emmons, Publisher - OF PUBLIC ON ANNEXATION ice is hereby given that a hearing will be held by City Council of the City of Band, Texas, In the Chambers, City Nall, 19 Ubery Drive, Peadand, , at 6:30 P.M. on r19,1998,for the pur- d coneidedn9annexa-- ' into the city amasdthe P flee ROAD ANNEXA- ,324 ACRES MORE LESS BRAZORIA COUNTY, TEXAS ry located north of FM 18 with the south fine being long the north One of City of 1,eadand Ordinance Number 708 and 758; The west line Oing common along the east ins o4City ofPeadand Ordinance Number756, the salt lined Crystal Lakes and east line of Municipal Number 5 nob County Road 403 following MuSdpal UWy Dlekict umber5east Ur ethdrn .----, -1Toe'd4030 MO' dfarlarCreeltThe jprt line being 100'sou 01 the centerSre of Clear Creek Common wth city of Peadand Ordinance 31; The east lint being common with the west and north line of Munkdpee Utility District Number 16, the imeet right -id -way fine 0l Road 1061Max Road) Me intersection of City of eadand Ordinance Number 1 and tolowing said rdinance 31 northerly to the with seed north 100' south of Clear Enot*daaalpionah 224 same, room orlon toannatedlnkMeCity of ' eadand being out of the F.B. Survey Abstract • 505 al of or part of Lots 1, 6,7,18.22,31.37,41- ,46.52and54.59, t ection 20 Allison Ridley but Coast Hanes Company Subdivision according to the plat thereof filed in Volume 2, .page 23 Brazoda County Plat Pec»N* and out of Abstract - being ea or pan of Lots 1 5,17.31,33-46,49.62, 19 Arson Richey coast Home Cflww according to the t thereof filed in Volume 2, 24Blazons COIN Plat 1 and oil dAbetted • ! being al or part of tots 1 10, 30.35 Brion 10 : . RicheyOlt Coast 1 Company Subdivision according to the plat thereof 'fled in Volume 2, Page 24 'ramie County Plat Records just a portion of Abstract - 387 south of Clear Creek, said tract being mare panto- dy desc bed by metes anck boundsas follows; at the imereecliom _ the west right -okay fine Of Boulevard and the south right-of-way line of County Road Mend mark- ing the northeast corner of Resolution Number R95.73 also being the northeast ca- nerd Crystal Lake Subdwision aaacang to the plat thereof Ned in Volume 19, Page 543- 544 Wanda -. County Plat Recalls; j Thence Westerly - 2,444.10, more a less, wit the Moth lined said Resolution Number Ft9573 and the south right -way line of County Road 403 to the northwest comer of said Resolution Number R95.73; Thence Watery - 831.40', more aIew.catial'H wit: County Road 10d being on a curve to the t having a radius of 2,473.30' and a central angle of 13° 56' 40'; Thence continuing with are .south fight -of -way lens of said County Road 403 as realigned by those certain deeds filed in Volume (84)35. Page 722 Brazode Courtly Official Records and Volume (84)479,.Page 192 Brezoda County Official Records an arc dunce of 601.95', more .'or leas, to a point for comma `Thence Northwesterly 251.92', more or less, carrtn- •ding with therealigned ►- ofway line of said County Read 403 to a poled on a awe tothe right having a MOOS of 2,396:46' and a con trot anye of 14° 27' 40'; Thence Milt said curve and continuing with the realigned soup right-of-way line of said Road 403 an arc dis- 01 60t85', more or to a point for coma; Northerly • 20.00', or less, t the south foe that certeln piled ,023.9375acres tractcan- toU.S.Home by deed filed in Volume 1425, Page 630 Brazaie County Deed Record and the south ine o4 I MUNdpel Unity Disuia Number 5; shoe Easterly 1,4355, die or lea, with the south of said U.S. Home rpomlion tract and mioiPet u1B1y District mber5toapoint marking most southerly southeast [[ of said U. S. Horne ipaatOr tract Northerly-827.02', or less. with the east Soutxiown, Section 8 1p apohtt maddng the south - welcomer of Munidpel U ctistrict Number 5 Resolution Number R63 41 palled 34.6923 acres track Easterly - 824.1 T, or less, with the 1WIIYr amid Resolution wf83•41-tospanks Femur, a1J 12cS - Thou North* ae84.09; I more orlon, wihtwmud . ire ofu i4HwoluYon Number R8341 and the east line of said Soutdown Section 6 and 7 to a point tor comer, !Thence Westerly • 823.19', more or less, with the north Byre of saki Resolution Number R83.4 t and the north line of said Southdown Section 6 to a point for cor- ner; Thence Northerly 464.83 , more or less; With the easterly '.'dine of Municipal Utility District Number 5 to a painttor cor- ner, 47hence Westerly 723.32', mote a lase, continuing with common line of Municipal District Nurrber 5to a. m for comer, 'Thence NorBreasterly - 741.7]', Mare or less, with the common lined Resolution p80-t toapoktforcomer, Thence Easterly - 3,468AT, ptae or leas, with the south line of Tract called r012.9153acres tract ?Reso8Mon Manlier R80.13 to [pcht oomer,said poky being on the east iigfht of -way line of Cullen Boulevard; Thence Northerly - 1,270.6' with the east right-of-way line of Cullen Boulevard to a point 100', more or less, sank of the catterane 04 gear Creek; • 'Them* to a nnortheasterly and southeasterly direction with a lure common with City of .Peadand Ordinance 31 and along a line 1W south of and parallel to the meanders of Cyr Creek and centerline of said Clear Creek being the canny ine between Brazoda County and flouts County to apon 100' 'vest of and par- allel to the west dine d Sunbrook Subdivision accord- kgbthe pint thereof Nod in Vpkane 7, Page 137 Bram % Coady Plat Room Thence Southerly - 2,082A', npreror leer, oan*Nadng clan side coercion with try a Peadand Ordinance 31 and vtth a line 100' west of and parallel to the went line of said S«ibrook Subdivision to a pant on thenodh line of La 26, Section 10 Alfisoh Richey Gull Coast Home Subdivision Co. Subdivision Abstract• 505 add point being inthe rlgpt-0tweyaBrookside Rock Thence Westerly • 94.9', more or lass, continuing with a Ikheponvnon with City of Peadand Ordinance 31 and itlltfie north line of saki Lot the common north cor- Lot 26 and Lot 1, 10; Thence Westerly - 100', more or lees, continuing with a line common with City of Pearland Ordnance 31 and with the north line of said la 1, Section 10 to a pant for cor- ner, I Thence Southerly • 1,975.T, more or less, continuig with a line common with City of Pearland Ordinance 31 and with a the 103 crest of end parallel tothe westine of Lots 26.30, Sedan 10 • Allison Richey Guff Coast Hone Company Subdvisan, Abstract - 505 to a pant for comer, Thence Easterly-1,103.8', more or less, contnang with a tine common wail City of , Pearland Ordinarne 31 and with a tine 100'south of and parallel to the south Cure of Lot 29, Section 10 Allison Richey Guff Coast Home Company Subdivision, Abstract • 505 to a point for comer; Thence Southerly -723.3', continuing with a One com- mon with City of Pearland Ordinance 31 and more or less, with afne100'west of . the east fight -of -way ins of Max Road (County Reed 108) 'tea point for comer, :TThenceEastety - 306', More orless, continuing with a ins common with City a Pealed ;Pee is 31 tiro, Minter f, more orless, with th west right-of-way IMe of said Max Road and the existing City Limits Une of Pearland as established by City of Pearland Ordinance Number 830tha of IDriblet Number16, municiret ThtsolutionNumberR86.3; fiance Westerly - 2,068.44', more or lass, with the north line of said Municipal UMky t>phlctNumber 16bthe i icithwest GSM of Wid Municipal 1Arnber 18 for a point for cor- Thence Southery - 6,162.55', more or lass, with the west N1e of said Municipal UMity District Number 16 and the east right-of-way fine of County Road 561 to a point on the north line of City of Peadand Ordinance Number 706. Theme Westerly • 1,756.10', er less, with the norm line .ChyoPeadand 708 to a point for coon the west line de 4UY riled and marling a point onSport The aLot 31, ' Se* 19 Alison Richey Gult$oast Home Company 41:1— Seetriesleei Thence Southerly 524.00' continuing with the common awe of City of Pearland C1idnarce 709 and the west rightof-wayfine of a 40 road $'a pint for comer, Thence Westerly • Y,578.00', more or less, oonthharg with lie north the of said City of Thailand Ordinance Number :o8 and with the south line of lots 15 and 31, Section 19 Richey Gull Coast Company Subdivision , a poke in the dgMof-way Of Cullen Boulevard; Thence Westerly • 861.00', more or less, continuing with the north line of said City of Pearland Ordnance Number 9 to the northeast comer of City of Porterdadna ce Ordnance 31 and with e fehe Number 758 lot Can* being the extension of a the 100'south of and paraletto the south line of Lot 14, Section 9 of said Anson Ritchey Guff Coast Hone Company Subdivision to a nnint inn rnmpr caWesterly •811.00', cote or less, with the north Yoe a lot 45, Sidon 20, Allison Richey Gull Coast Nome ComParlY Subdivisn and the most easterly north line of City a Pearand Ordnance Number 758 to a • for comer, Thence North • 2,092', more r less, with the east light-a- fne of Mouse Read and continuing with theMon line of City Pearland Ordnance Nord« 756 ro a point tor cornet 16hhhre th blowing 6 at1!,, with Ito common line a talky Mitt 5 Resolution Number R95-73 and said Crystal Lakes Su bdMsion; Thence Eastedy • 824.24', more or less, to a point for comer, Thence Northerly • 524.60', more or less, to a point for comer, Thence Eastern/ -109.10, more or leas, to a pokhtler conter Th$rde Northery-4*60', more or less, to a Patter comer, Thence Easterly-671.80, more or less, to a point for comer, Thence Northerly 602.50', more or less, to the POINT OF BEGINNING and contain- ing 1,324 acres of land more or less. Ns description was pre- pared using numerous recorded subdivision maps, recorded deers and My City of Pearland Ordinances and does not represent an on the ground survey. Ali interested citizens and property owners are hereby addled of their Agit in appear and be meant maw matter. Young Lorene city Secretary This site Is accessible to dis- abled individuals. For spedei assistance, sucih as the need for deaf interpreters Di braille materials, please call Young lodng at 485-2411, ext. 341, prior to the meeting so that THE STATE OF MCA. CCOM?ooFBBEAZzoaa 1, DOLLY Mt Y,«akararerproaatl DreeaenetZ Teem telidelelmeMeoftED FOR end RECORDED MMCOMOVE wn,SM me ere 11 sweedneneelwaw 44114 Ealiebdtellkstede Ce.,TX FILED FCR RECORD 98 DEC 21 Phi 1: 49 OUDRAZOR ANCflt TYRTEXXA 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 1, 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: Acres Square Miles Maximum Allowable 5,824.33 9.10 (30% of 1/1/98 area) Less County Road 403 Area 624.00 .98 Available 5,200.33 8.12 Proposed Annexation Area The proposed areas are as follows: 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 lh 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 gaff 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 2/13i98 (Revised 613,98) 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 5/29/98 !n 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 Statutory Target Date Requirement Actual August 24, 1998 Prior to Requirement Advertisement of Met 1st hearing First Public Hearing September 21, Notice to Newspaper 1998 (Monday) NA NA Advertise First Public September 23, 11-20 Days Prior 12 Days Hearing 1998 to First Public (Wednesday) Hearing First Public Hearing October 5, 1998 21-40 Days 35 Days (1st Monday of Before the First October) Reading of the Ordinance Second Public Hearing Notice to Newspaper Advertise Second Public Hearing October 5, 1998 (Monday) NA NA October 7, 1998 11-20 Days Prior 12 Days (Wednesday) to Second Public Hearing Second Public Hearing October 19, 21-40 Days 1998 Before the First (3rd Monday of Reading of the October) Ordinance First Reading of the 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 1.c Revenue and Expt t:::,_ =Pt<<:; ,te 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 Estimated 1997 Addresses 1997 Area 1997 Value $/acre $/Address Persons/Ac. 1400 4,089.63 $81,324,457 $19,886 $58,089 1.27 1998 Annexation Valuation Estimates Proposed Areas West of 288 MUD 16 Cullen Area Total 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 2,800 280 1,330 4,410 1998 value est $14,000,000 $1,400,000 $31,737,305 $47,137,305 . $/acre est. $/Address est. Persons/Ac. $5,000 NA NA $5,000 NA NA $23,863 $99,179 0.89 0.27 Valuation or Collection Annual No. of Customer Rate or Fee Rate Revenue $47,137,305 0.00695 99.00% $324,328 300 $2.53 99.00% $9,017 20 $16.00 99.00% $3,802 320 $3.20 99.00% $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 Pry jeant" . : 08/17/98 Annual Dept. & Expense Capital Operating Parks - ROW Mowing 1 Tractor $20,000 1 Bat -Wing Mower $12,000 1 Employee $25,000 Streets & Drainage Drainage Crew 1 Gradall $160,000 2 Dump Trucks $120,000 1 Pickup $25,000 4 employees $108,000 Streets Maintenance 1 Pickup $25,000 2 Employees $54,000 Police 2 Officers $80,658 Vehicle/Equipment $66,652 Total $428,652 $267,658 Arq41 ... �-1�//.;�:.i` �l�nril�-�,/�`"-^�\11�111 11111.E r7f'.�� .' Iar. �/�\\��=� �rrl 111�1111 1�: ' v U.S. Department of Justice Civil Rights Division EJ:VLO:SMC:emr DJ 166-012-3 98-4030 Mr. Young Lorfing City Secretary 3519 Liberty Drive Pearland, Texas 77581 Voting Section P.O. Bar 66128 Washington. DC 2003S-6128 February 19, 1999 Dear Mr. Lorfing: This refers to three annexations (Ordinance Nos. 880, 881, and 882 (1998)) to the City of Pearland in Brazoria and Harris Counties, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on December 22, 1998; supplemental information was received on December 28, 1998. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). cc: Darrin M. Coker, Esq. City Attorney Elizabeth Johnson Chief, Voting Section 9 1999 CITY of PEARLAND CITY SECRETARY'S OFFICE Darrin M. Coker City Attorney (281) 485-2411 x311 Telecopier (281) 485-4572 December 21, 1998 Chief, Voting Section Civil Rights Division Department of Justice P. O. Box 66128 Washington, DC 20035-6128 Lisa D. Jones Legal Secretary (281) 485-2411 x316 Telecopier (281) 485-4572 Certified Mail - Return Receipt Requested # Z 206 800178 Re: Annexations of Three Parcels of Land • Located in the City of Pearland Extraterritorial Jurisdiction ("ETJ") Dear Sir or Madam: In accordance with the City's long-term objective of regulating frontage along. the City's main corridors, the City Council of the City of Pearland has annexed three parcels of land. For each annexation, the City complied with all of the statutory requirements, including the development of a service plan, publishing notices in local newspapers, and holding the required public hearings for citizen input. The City hereby requests preclearance in accordance with Section 5 of the Voting Rights Act. For your information, the City is not involved in any litigation concerning the right to vote or the practice and methods relating to the voting process, and none of the changes involved in this submission have the purpose or effect of denying or abridging the voting rights of any person. Cullen Boulevard Area: The City Council of the City of Pearland, Brazoria County, Texas, in a meeting held on November 23, 1998, passed Ordinance No. 881, on second and final reading. This Ordinance annexes approximately 1324 acres of land into the City of Pearland, which was previously located in the City's ETJ. This acreage is located north of FM 518 with the south line being along the north line of City of Pearland Ordinance No. 708 and 756; the west line being common along the east line of City of Pearland Ordinance No. 756, the east line of Crystal Lakes and the east line of Municipal Utility District Number 5 north of County Road 403 following said Municipal Utility District Number 5 east line from County Road 403 to 100' south of Clear Creek; the north line being 100' south of the centerline of Clear Creek Common with City of Pearland Ordinance No. 31; the east line being common with the west and north line of Municipal Utility District Number 16, the west right-of-way line of County Road 108 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581 • (281) 485-2411 • www.ci.pearland.bc.us 1 Chief, Voting Section Department of Justice December 21, 1998 Page 3 On behalf of the City, I am forwarding the following documents in support of this annexation: (1) A certified copy of the annexation ordinance, Ordinance No. 880, which includes as Exhibit A, the metes and bounds description, and as Exhibit B, the Service Plan; (2) A vicinity map showing the proposed annexation; (3) Article 1:II of the City of Pearland Charter, Section 3.01 through Section 3.04, setting forth directives for the election of the City Council; (4) Article V of the City of Pearland Charter, setting forth directives for regular elections; (5) A letter addressed to Pat Jones, City Secretary, dated February 9, 1993, from Hickey Election/Demographic Service, showing the population and racial composition of the City. of Pearland; (6) Affidavit of publication and legal notice posted in the Pearland Reporter News September 23, 1998; (7) Affidavit of publication and legal notice posted in the Pealand Reporter News October 7, 1998. Fort Bend and Harris Counties East of FM 521: The City Council of the City of Pearland, Brazoria County, Texas, in a meeting held on December 14, 1998, passed Ordinance No. 882, on second and final reading. This Ordinance annexes approximately 769 acres of land into the City of Pearland, which was previously located in the City's ETJ. This acreage is 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 eastright-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, in Harris County and Fort Bend County, Texas. Chief, Voting Section Department of Justice December 21, 1998 Page 4 On behalf of the City, I am forwarding the following documents in support of this annexation: (1) A certified copy of the annexation ordinance, Ordinance No. 882, which includes as Exhibit A, the metes and bounds description, and as Exhibit B, the Service Plan; (2) A vicinity map showing the proposed annexation; (3) Article III of the City of Pearland Charter, Section 3.01 through Section 3.04, setting forth directives for the election of the City Council; (4) Article V of the City of Pearland Charter, setting forth directives for regular elections; (5) A letter addressed to Pat Jones, City Secretary, dated February 9, 1993, from Hickey Election/Demographic Service, showing the population and racial composition of the City of Pearland; (6) Affidavit of publication and legal notice posted in the Pearland Reporter News September 23, 1998; (7) Affidavit of publication and legal notice posted in the Pearland Reporter News October 7, 1998. Minorities in the community who may be contacted regarding these annexations are: • Nghiem V. Doan; 2603 Shady Bend Drive, Pearland, Texas 77581; office phone: (713) 963-4650; home phone (281) 485-6829; and • Elias Garcia; 3804 E. Walnut, Pearland, Texas 77581; office phone: (713) 485-1987, home phone: (713) 485-1283 Thank you for your attention to this matter. Should you require further information regarding these annexations, please do not hesitate to call. Sincerely, DMC/ldj Enclosures Darrin M. Coker City Attorney Chief, Voting Section Department of Justice December 21, 1998 Page 2 (Max Road) to the intersection of City of Pearland Ordinance Number 31 and following , said Ordinance 31 northerly to the intersection with said north line 100' south of Clear Creek, in Brazoria County, Texas. On behalf of the City, I am forwarding the following documents in support of this annexation: (1) A certified copy of the annexation ordinance, Ordinance No. 881, which includes as Exhibit A, the metes and bounds description, and as Exhibit B, the Service Plan; (2) A vicinity map showing the proposed annexation; (3) Article III of the City of Pearland Charter, Section 3.01 through Section 3.04, setting forth directives for the election of the City Council; (4) Article V of the City of Pearland Charter, setting forth directives for regular elections; (5) A . letter addressed to Pat Jones, City Secretary, dated February 9, 1993, from Hickey Election/Demographic Service, showing the population and racial composition of the City of Pearland; (6) Affidavit of publication and legal notice posted in the Pearland Reporter News September 23, 1998; (7) Affidavit of publication and legal notice posted in the Pearland Reporter News October 7, 1998. Brazoria County West of State Highway 288: The City Council of the City of Pearland, Brazoria County,. Texas, in a meeting held on December 14, 1998, passed Ordinance No. 880, on second and final reading. This Ordinance annexes approximately 1801 acres of land into the City of Pearland, which was previously located in .the City's ETJ. This acreage is located west of State Highway 288, the south line being along County Road 92, the west line being 100' east of and parallel to the Brazoria County and Fort Bend County Line (City of Pearland Ordinance Number 31) encompassing Municipal Utility District Number 9, the north line being approximately 580' south of the centerline of McHard Road with .the south line of City of Pearland Ordinance Number , 813 and City of Pearland Ordinance Number 768, and the east line being along the west line of City of Pearland Ordinance Number 768 and City of Pearland Ordinance Number 762, approximately 3,000' west of State Highway 288, in Brazoria County, Texas.