Ord. 0880 12-14-98ORDINANCE NO. 880
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
(BRAZORIA COUNTY WEST OF STATE HIGHWAY 288); 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. 880
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 1,801 Acres of Land 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, Encompassing
Approximately 1801 Acres in Brazoria County, Texas" attached hereto as Exhibit "B"
and made a part hereof for all purposes. Such Municipal Service Plan is hereby
approved.
2
ORDINANCE NO. 880
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
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
3
ORDINANCE NO. 880
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 -i day of
y�
t bVP, bk.,i. , A. D., 1998.
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this the /9 -?--'day of
, A. D., 1998.
4
TOM REID
MAYOR
ORDINANCE NO. 880
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
98 053913
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PEWND
T E X A S
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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.
2
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify
that the attached constitutes a true and correct copy of ORDINANCE NO. 880 -
ANNEXATION OF 1,801 ACRES OF LAND GENERALLY DESCRIBED AS BRAZORIA
COUNTY WEST OF HIGHWAY 288 ; 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.
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us
Exhibit A
METES AND BOUNDS DESCRIPTION
1,801 ACRES MORE OR LESS, BEING OUT OF
ABSTRACTS 678, 675, 565, 564, 305, AND 212
BRAZORIA COUNTY, TEXAS
Generally 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.
All that certain 1,801 acres more or less, to be annexed into the City of Pearland
being all or a portion of Blocks 3, 4, 5, and 6, Lots 3 and 4, Block 12, Blocks 13,
14, 15, 16, 17, 18, and 19 and Lots 1 through 32 Section 82, Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records; a portion of Lots 1, 11, 19, 27, 37, and
47 Section 80, Allison Richey Gulf Coast Home Company Subdivision according
to the plat thereof filed in Volume 2, Page 98 Brazoria County Plat Records and
out of H.T. & B. R.R. Co. Survey Abstract 305 and S.G. Haynie Survey, Abstract
212, Brazoria County, Texas and being more particularly described by metes
and bounds as follows (Bearings based on centerline of County Road 92 to be
due west);
Beginning at a point marking the intersection of the west line of City of Pearland
Ordinance Number 762 and the north right-of-way line of County Road 92
(Based on 40' width), said point being located North - 20.00' from the common
south comer of Lot 4, Block 19 and Lot 3, Block 20 of the Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records;
Thence West, passing at 781.4', more or Tess, the east line of T.C. R.R.
Company Survey, Abstract - 678 and the west line of J.W. Maxey Survey,
Abstract - 675, continuing with the north right-of-way line of said County Road
92 a total distance of 1,810.00', more or less, to a point for comer in the east line
of H.T. & B. R.R. Company Survey Abstract - 565 and the west line of said
Abstract - 678;
Thence South, passing at 20.00,' more or less, the common comer of said
t
Abstract — 565, said Abstract — 678, H.T. & B. R.R. Company Survey Abstract —
564 and H.T. & B. R.R. Company Survey Abstract — 300 continuing a total
distance of 40.00', more or less, to a point for corner in the south line of said
County Road 92;
Thence West — 5,280.00', more or less, with the south right-of-way line of said
County Road 92 to a point for comer in the west line of said Abstract — 564 and
the east line of H.T. & B. R.R. Company Survey Abstract — 538;
Thence North — 20.00', more or Tess, with the west line of said Abstract — 564
and the east line of said Abstract — 538 to a point for comer marking the
common comer of said Abstract — 305, said Abstract — 565, said Abstract — 564
and said Abstract — 538;
Thence West — 4,290.51', more or less, with the south line of said Abstract — 305
and the north line of said Abstract — 538 to a point for comer, said point being
located 100' east of and perpendicular to the Brazoria County and Fort Bend
County Line;
Thence N 14° 57' 39" E— 100.00' east of and parallel to the said Brazoria
County and Fort Bend County Line as referenced in City of Pearland Ordinance
Number 31, passing at 5,414.17', more or less, the north line of said Abstract —
305 and the south line of said Abstract — 212 continuing a total distance of
8,478.87', more or less, to a point on a curve to the left having a radius of
6,309.58' and a central angle of 31 ° 16' 57", said point being located 580.00'
south and perpendicular to the centerline of McHard Road (Farm Market 2234)
based on 160' right-of-way, and also being on the south line of City of Pearland
Ordinance Number 813;
Thence with said curve and said south line of City of Pearland Ordinance
Number 813, being 580.00' south of and parallel to the centerline of said
McHard Road, passing at 2,406.48', more or less, the centerline of County Road
48 (Old Airline Road) and continuing a total arc distance of 3,444.93', more or
Tess, and a chord bearing and distance of S 74° 46' 52" E — 3,402.30', more or
less, to a point marking the point of tangency;
Thence N 89° 34' 40" E continuing with the said south line of City of Pearland
Ordinance Number 813 and continuing 580.00' south of and parallel to the
centerline of said Mchlard Road, passing at 671.00', more or less, the west line
of said Abstract — 678 and the east line of said Abstract — 212, continuing a total
distance of 2,869.00', more or less, to a point for corner;
Thence S 89° 43' 08" E — 373.00', more or less, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for corner, said point
2
being located Southerly — 617.00', more or less, from the centerline of said
McHard Road;
Thence N 56° 12' 06° E— 1,055.00', more or less, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for comer in the east
line of a 40' Platted Road said point being located Southerly — 389.00', more or
less, from the centerline of said McHard Road;
Thence East with the south line of Lots 1 and 2, Block 12 and the north line of
Lots 3 and 4, Block 12 of said Allison Richey Gulf Coast Homes Co.'s
Subdivision and continuing with said south line of City of Pearland Ordinance
Number 813, and the south line of City of Pearland Ordinance Number 768
passing at 1,008.60,' more or less, the east line of said Abstract 678 and the
west line of said Abstract — 675 continuing a total distance of 1,790.00' more or
less, to a point for comer, marking the northeast comer of Lot 4, Block 12 of said
Allison Richey Gulf Coast Home Co.'s Subdivision;
Thence South with the east line of Blocks 12 —19, of said Allison Richey Gulf
Coast Home Co.'s Subdivision, and the west line of City of Pearland Ordinance
Number 768 and City of Pearland Ordinance Number 762, passing at 147.00'
more or less, the northwest comer of Wm. Morris Survey Abstract 344, passing
at 5,421.90' more or less, the southwest comer of said Abstract — 344,
continuing for a total distance of 7,884.50' more or less, to the POINT OF
BEGINNING and containing 1,801 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: 11-421-44A
10/1/98
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Exhibit A
METES AND BOUNDS DESCRIPTION
1,801 ACRES MORE OR LESS, BEING OUT OF
ABSTRACTS 678, 675, 565, 564, 305, AND 212
BRAZORIA COUNTY, TEXAS
Generally 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.
All that certain 1,801 acres more or less, to be annexed into the City of Pearland
being all or a portion of Blocks 3, 4, 5, and 6, Lots 3 and 4, Block 12, Blocks 13,
14, 15, 16, 17,18, and 19 and Lots 1 through 32 Section 82, Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records; a portion of Lots 1,11,19, 27, 37, and
47 Section 80, Allison Richey Gulf Coast Home Company Subdivision according
to the Plat thereof filed in Volume 2, Page 98 Brazoria County Plat Records and
out of H.T. & B. R.R Co. Survey Abstract 305 and S.G. Haynie Survey, Abstract
212, Brazoria County, Texas and being more particularly described by metes
and bounds as follows (Bearings based on centerline of County Road 92 to be
due west);
Beginning at a point marking the intersection of the west line of City of Pearland
Ordinance Number 762 and the north right-of-way line of County Road 92
(Based on 40' width), said point being located North - 20.00' from the common
south comer of Lot 4, Block 19 and Lot 3, Block 20 of the Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records;
Thence West, passing at 781.4', more or less, the east line of T.C. R.R.
Company Survey, Abstract - 678 and the west line of J.W. Maxey Survey,
Abstract - 675, continuing with the north right-of-way line of said County Road
92 a total distance of 1,810.00', more or less, to a point for comer in the east line
of H.T. & B. R.R. Company Survey Abstract - 565 and the west line of said
Abstract - 678;
Thence South, passing at 20.00,' more or less, the common corner of said
i
Abstract — 565, said Abstract — 678, H.T. & B. R.R. Company Survey Abstract —
564 and H.T. & B. R.R. Company Survey Abstract — 300 continuing a total
distance of 40.00', more or less, to a point for comer in the south line of said
County Road 92;
Thence West — 5,280.00', more or Tess, with the south right-of-way line of said
County Road 92 to a point for comer in the west line of said Abstract — 564 and
the east line of H.T. & B. R.R. Company Survey Abstract — 538;
Thence North — 20.00', more or less, with the west line of said Abstract — 564
and the east line of said Abstract — 538 to a point for comer marking the
common comer of said Abstract — 305, said Abstract — 565, said Abstract — 564
and said Abstract — 538;
Thence West — 4,290.51', more or Tess, with the south Tine of said Abstract — 305
and the north line of said Abstract — 538 to a point for comer, said point being
located 100' east of and perpendicular to the Brazoria County and Fort Bend
County Line;
Thence N 14° 57' 39° E— 100.00' east of and parallel to the said Brazoria
County and Fort Bend County Line as referenced in City of Pearland Ordinance
Number 31, passing at 5,414.17', more or less, the north line of said Abstract —
305 and the south line of said Abstract — 212 continuing a total distance of
8,478.87', more or less, to a point on a curve to the left having a radius of
6,309.58' and a central angle of 31 ° 16' 5T, said point being located 580.00'
south and perpendicular to the centerline of McHard Road (Farm Market 2234)
based on 160' right-of-way, and also being on the south line of City of Pearland
Ordinance Number 813;
Thence with said curve and said south line of City of Pearland Ordinance
Number 813, being 580.00' south of and parallel to the centerline of said
McHard Road, passing at 2,406.48', more or less, the centerline of County Road
48 (Old Airline Road) and continuing a total arc distance of 3,444.93', more or
less, an d a chord bearing and distance of S 74° 46' 52° E — 3,402.30', more or
Tess, to a point marking the point of tangency;
Thence N 89° 34' 40° E continuing with the said south Tine of City of Pearland
Ordinance Number 813 and continuing 580.00' south of and parallel to the
centerline of said McHard Road, passing at 671.00', more or less, the west line
of said Abstract — 678 and the east line of said Abstract — 212, continuing a total
distance of 2,869.00', more or less, to a point for comer,
Thence S 89° 43' 08° E — 373.00', more or Tess, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for corner, said point
2
being located Southerly — 617.00', more or Tess, from the centerline of said
McHard Road;
Thence N 56° 12' 06° E— 1,055.00', more or less, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for corner in the east
line of a 40' Platted Road said point being located Southerly — 389.00', more or
Tess, from the centerline of said McHard Road;
Thence East with the south line of Lots 1 and 2, Block 12 and the north line of
Lots 3 and 4, Block 12 of said Allison Richey Gulf Coast Homes Co.'s
Subdivision and continuing with said south line of City of Pearland Ordinance
Number 813, and the south line of City of Pearland Ordinance Number 768
passing at 1,008.60,' more or Tess, the east line of said Abstract 678 and the
west line of said Abstract — 675 continuing a total distance of 1,790.00' more or
less, to a point for comer, marking the northeast caner of Lot 4, Block 12 of said
Allison Richey Gulf Coast Home Co.'s Subdivision;
Thence South with the east Tine of Blocks 12 —19, of said Allison Richey Guff
Coast Home Co.'s Subdivision, and the west line of City of Pearland Ordinance
Number 768 and City of Pearland Ordinance Number 762, passing at 147.00'
more or less, the northwest comer of Wm. Morris Survey Abstract 344, passing
at 5,421.90' more or less, the southwest comer of said Abstract — 344,
continuing for a total distance of 7,884.50' more or less, to the POINT OF
BEGINNING and containing 1,801 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. 11-421-44A
10/1198
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EXHIBIT
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 1,801 ACRES OF LAND
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, ENCOMPASSING
APPROXIMATELY 1801 ACRES IN BRAZORIA COUNTY TEXAS.
I. 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 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, encompassing approximately 1801 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 Plan and specifically renews
this Plan for a stated period of time.
III. SERVICE PROGRAMS.
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (ii) a Capital Improvement Program described below.
B. Scope and Quality of Services. Services under this Plan will equal or exceed the
1
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 (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.
2
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 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.
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
3
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 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 of the 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.
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
4
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 of the
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.
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.
6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using
existing capital improvements. Additional capital improvements are not neressary 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
5
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE.
Should a force majeure interrupt the service described herein, the City will resume services under this
Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the
purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war
blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints ofgovernment, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within
the control of the City.
VL ENTIRE PLAN.
This document contains the entire and integrated Service Plan relating to the Tract, and supersedes
all other negotiations, representations, plans and agreements, whether written or oral.
6
Exhibit A
METES AND BOUNDS DESCRIPTION
1,801 ACRES MORE OR LESS, BEING OUT OF
ABSTRACTS 678, 675, 565, 564, 305, AND 212
BRAZORIA COUNTY, TEXAS
Generally 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.
All that certain 1,801 acres more or less, to be annexed into the City of Pearland
being all or a portion of Blocks 3, 4, 5, and 6, Lots 3 and 4, Block 12, Blocks 13,
14, 15, 16, 17, 18, and 19 and Lots 1 through 32 Section 82, Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records; a portion of Lots 1, 11, 19, 27, 37, and
47 Section 80, Allison Richey Gulf Coast Home Company Subdivision according
to the plat thereof filed in Volume 2, Page 98 Brazoria County Plat Records and
out of H.T. & B. R.R. Co. Survey Abstract 305 and S.G. Haynie Survey, Abstract
212, Brazoria County, Texas and being more particularly described by metes
and bounds as follows (Bearings based on centerline of County Road 92 to be
due west);
Beginning at a point marking the intersection of the west line of City of Pearland
Ordinance Number 762 and the north right-of-way line of County Road 92
(Based on 40' width), said point being located North - 20.00' from the common
south comer of Lot 4, Block 19 and Lot 3, Block 20 of the Allison Richey Gulf
Coast Home Co.'s Subdivision according to the plat thereof filed in Volume 2,
Page 99 Brazoria County Plat Records;
Thence West, passing at 781.4', more or less, the east line of T.C. R.R.
Company Survey, Abstract - 678 and the west line of J.W. Maxey Survey,
Abstract - 675, continuing with the north right-of-way line of said County Road
92 a total distance of 1,810.00', more or Tess, to a point for corner in the east line
of H.T. & B. R.R. Company Survey Abstract - 565 and the west line of said
Abstract - 678;
Thence South, passing at 20.00,' more or less, the common comer of said
1
Abstract — 565, said Abstract — 678, H.T. & B. R.R. Company Survey Abstract —
564 and H.T. & B. R.R. Company Survey Abstract — 300 continuing a total
distance of 40.00', more or less, to a point for corner in the south line of said
County Road 92;
Thence West — 5,280.00', more or less, with the south right-of-way line of said
County Road 92 to a point for comer in the west line of said Abstract — 564 and
the east line of H.T. & B. R.R. Company Survey Abstract — 538;
Thence North — 20.00', more or Tess, with the west line of said Abstract — 564
and the east line of said Abstract — 538 to a point for comer marking the
common comer of said Abstract — 305, said Abstract — 565, said Abstract — 564
and said Abstract — 538;
Thence West — 4,290.51', more or Tess, with the south line of said Abstract — 305
and the north line of said Abstract — 538 to a point for comer, said point being
located 100' east of and perpendicular to the Brazoria County and Fort Bend
County Line;
Thence N 14° 57' 39" E— 100.00' east of and parallel to the said Brazoria
County and Fort Bend County Line as referenced in City of Pearland Ordinance
Number 31, passing at 5,414.17', more or Tess, the north line of said Abstract —
305 and the south line of said Abstract — 212 continuing a total distance of
8,478.87', more or less, to a point on a curve to the left having a radius of
6,309.58' and a central angle of 31 ° 16' 57", said point being located 580.00'
south and perpendicular to the centerline of McHard Road (Farm Market 2234)
based on 160' right-of-way, and also being on the south line of City of Pearland
Ordinance Number 813;
Thence with said curve and said south line of City of Pearland Ordinance
Number 813, being 580.00' south of and parallel to the centerline of said
McHard Road, passing at 2,406.48', more or Tess, the centerline of County Road
48 (Old Airline Road) and continuing a total arc distance of 3,444.93', more or
less, and a chord bearing and distance of S 74° 46' 52" E — 3,402.30', more or
Tess, to a point marking the point of tangency;
Thence N 89° 34' 40" E continuing with the said south line of City of Pearland
Ordinance Number 813 and continuing 580.00' south of and parallel to the
centerline of said McHard Road, passing at 671.00', more or less, the west line
of said Abstract — 678 and the east line of said Abstract — 212, continuing a total
distance of 2,869.00', more or less, to a point for comer;
Thence S 89° 43' 08" E — 373.00', more or less, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for comer, said point
2
being located Southerly — 617.00', more or less, from the centerline of said
McHard Road;
Thence N 56° 12' 06° E— 1,055.00', more or Tess, and continuing with said south
line of City of Pearland Ordinance Number 813 to a point for comer in the east
line of a 40' Platted Road said point being located Southerly — 389.00', more or
less, from the centerline of said McHard Road;
Thence East with the south line of Lots 1 and 2, Block 12 and the north line of
Lots 3 and 4, Block 12 of said Allison Richey Gulf Coast Homes Co.'s
Subdivision and continuing with said south line of City of Pearland Ordinance
Number 813, and the south line of City of Pearland Ordinance Number 768
passing at 1,008.60,' more or less, the east line of said Abstract 678 and the
west line of said Abstract-675 continuing a total distance of 1,790.00' more or
Tess, to a point for comer, marking the northeast comer of Lot 4, Block 12 of said
Allison Richey Gulf Coast Home Co.'s Subdivision;
Thence South with the east line of Blocks 12 —19, of said Allison Richey Gulf
Coast Home Co.'s Subdivision, and the west line of City of Pearland Ordinance
Number 768 and City of Pearland Ordinance Number 762, passing at 147.00'
more or less, the northwest comer of Wm. Mon -is Survey Abstract 344, passing
at 5,421.90' more or less, the southwest comer of said Abstract — 344,
continuing for a total distance of 7,884.50' more or less, to the POINT OF
BEGINNING and containing 1,801 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: 11-421-44A
10/1/98
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AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pcarland, Texas 77581
State of Texas
Blazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in b'razoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Urazoria and Harris Counties, for (_ issues, as follows:
No. Date l' ,23
is 5'8
No. Date
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 !P
day of �G�
uce p: heratly gn'84 that a
quphc headpgvnll beheld by
eGityCouncilofthepiryq
adand,!exas, in the -
uncil Chambers, City Hall,
519LibertyPdve, Peadand,
9Xasiat6i3OPM on
�cto00,1968 for the pup
1 aeofconsidenngannexa-
t on into the chy limits of the
igllowin9 property:
MgTESANRBQUNDS
DB,SCR)PTION 1801 ACRES
TROF B?TR`CTS678,
set 105 AND112
BRbZOR)A COUNTY,
TEXAS' .;
Qienerally located west of:-
3f0.te.t4ighway288 Woman
thavi st$nebeing`1OO
st of aidparall� to the _ _ ,
zona Qgynty 4 Peitz
nd Gountyline- JCitgot
earlandfrdlnanceNumber 1
gnepassing Mudtpal
a ity Dipuic4Number 9 41he
north Itneh n9 approximately
soum,R the centeii h@ of
FACHard Road with the south
Lnp of Cftyof Peadand;`
Ordinance Number 813 and
ciityyofpeadand9tdinance , +,
tNuntber.768, nodule east
)line beng*n9zthe west line
of Cityof Peadand Ordinance
. Numbar-788 artdCily. of
Peadand OrdinanceIlumber
762,•approximafefy 3A00'
west of State Highway 288.
All that certain 1,801 acres
moreer esa tob hexed
info thaCityplP lid
being al or a pgrtion of,
81oeks _3, 4, 5, and 6; Lots 3 =
and4@iockl2z.,,`
BO, Allison Richey Gulf Coaat
�ordug th piat8iareot' ,
filedarVokune2,'Pa
98
tRecords
Horne CornpanySebtnytdonv
ge
Brazorta County pla
.
and, out of HT. & B. R.R. Co.
Survey/Abstract 305 and S G.
Haynie Survey, Abstract212,
Brazona County; Texas -and
being morepattioularly'
described by metes;and
bounds as follows (Beatings'.
based oncentedine of County
Road 92 to be due west)
rarf estnne 4
61 W$ 64andUi
eastluracisaHJ.Abstraat
538to'apbtntfQrcomer
maddng the corrimon cost
e of" td_Gibsun&u.305,ear
Abstract- 565, said Absttaet,.
Abstract • 54t
,A290.51' € .x
,reotlese-, with the sot
Beginning at a date west, ,- c of said Abstract • 305`and :;
the intersectwneot the west -, a pojlf'line of said Abstract ,:
line City"of Pentland -598 to a point for comer, .-
Oe northa_Nunteer 762 and = . • *inn toeateda¢Q'
then-oahtlof-wased-on
dh �: ea ofaiu7Reryendicularlot
40' wid Rdad 92(Based en ' " the etaz�oda County and I`•`edz;
40'widtNorth•29.00being aq Line,
)dented North • 20.00`imm,. '..
the common south comer of Thanes N 14° 57' 39 E
Lot:4, Block 49 and Lot 3, - t ` ' 100,00r astof and parail
Blpek20ofHornasofRtcher Illesaid- a%My
Gulf Ceaat HomaCo s .£
SubtgMsion %otding to they
plat thereoffded in Yoiume 2,
Page99 BraxedeCountyPlat
;Records - _�'
Thence Wrist, passing at
781,4 more ortess,the oast"
f_in0-01r. r,RR..compaoy '
3prve) ,tAOstrak$78 andtha
West hits o1JW%Maxey
Survey, Abatraat 875 con
tlnl$g veth tal
waY kne of said,0oun`
92 a tonal distance of
1 8100Q tnoia gftass
t , south
A point for
estline of said.
and the east
da1011th ntY`
tth
ng4t4
less, the
tort
dart -<
Ill tot`satd taol.21
c(1nul104
a7-WO 1 e65,,1
Promo gtel
Itawng_aNu
and a0 1 f:3[
58000.$Q ride'
ularlolt lot
McHard Road Eon Ma
2234), p .t
•waYieb , 4p
Pea
813, 813,beng
and parallel.
of said McHari
ing at 2,406.4(6
the centedine E ni
49 Plu AuJlpl and=-
continuing e total arc distance
of3,44493,nos orless
,
—and a cbgo bead 9 and dis-
tance of Ste 46'62' E ` -
3,402.30', more or less, to
point maddng the point ottan-
NBA°34!
teiVeth the- aid
etenPearland
NUMbet613 and continuing
580.00'south of and paralel;
to the centedine of said
McHard Road, passing al,
671Oo';mp eorless the
west line of acid Abstract
678and the east ine of said ,
I Abstract 212, continuing a
total distance o1za69 09' : -
`- more or le`asrtoa point for
corner,
Thefts S 89° 43' 08' E•
.311014 moot Wit*
Wle
of City of Peadand Ordinance
' Nunes 819to a point for cor
ner, said point being located
Southerly 817.00, more ei•
less, Icon) the bentedine of
said McHard Read;
Thence N 56 12 06' E , `
1055.00', more er less, and ,
oontnuing With said sputn_Iine
of City of Paadand Ordinance
. Number 813 to A pointfortor-
ner inthe $ast line of a 90
lattedAoad paid point being
ted Spulbedy • 389.00',
•`lnore arlels, trom the center-
Ime bf'saidMcHard Road;;
Thence East with the south
lineof Lots 1 and2, Block:12. ,
and the milli line of Lots 3"
and 4, Block 12of said Allison
Richey Gun coanHomes
, co's Sul division and donun-
wing with'satd south lina'of .f
City of Peadand Ordinancer;
Number P tj_,
,tine of city of���r
Qngnance N,erl_
ingat1,00890,
the east line of said
678 and the west line of
Abstract -675cordln in 'total di8tgnge of 1,7QQ-
Then staait i[t i!
Iine d B k%12, 19, Quaid
Aiftson Richey Gtdt Guest
Home Co '0iat01L and
the west lips of Cityil .
Peadandgrdliange.Number -
768 and City otPearland
Ortltoanoaj4umb@r7¢2, ,
pasamg at 147.0O' more dr
less, the northwest comet of ;
Wm Mom's Survey Abstract ,.
544, pasain9 t 5 421.g0'
more orless,the soutbWast
comer of" saidAbatraat 544,
continuingiota total distance
of 7,884 fi0.'. more Or Oct..*
the POINT QF BOINNtt,4
and cunt lnln91801 acres pf
land.more Qr less.
This dascriptton,w?$ pre'..
pared daingnumereua
record@ $ubdIVllftOn maps,.:
recorded d$ds and City`
Ordinan* bard does not
rep000-en onthe pond
sarvey ..
Ali ttBarg4ted ci8zansttnd:.
property owners are hereby
nodlie ottheir, right to appear
Thta a$� , die.
abledin1�,'_4N oispeaal.
asstatansle, such as the need
tor deat interpreters pr braille
materials, ptease'call Young
p garIer t4 fit, 4t,
atPd ar
carcbe made
AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and I-larris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ( issues, as follows:
No. % Date /6-% 19!2
No. Date
No. Date
No. - Date
No. Date
Subscribe and sworn to before me this 9
19
19
19
19
19
day of Orf
Laura Ann Emmons,
Nett
.MARING ON ANNEXATION,
rblic hearinwwill beteld by
e le herebygNen theta
rclhe City Council of the City of
eartind:Texaspin the .
t4COuncil Chambers, City Hall, .
43519 Liberty Drive, Peadand,
Texas, at 6:30 P.M. on •
,October 19, 1998, for the our-
ose of considering annexe::
/lion Into the city limits of the
following properly: '
METES ANDER:SI:IDS
‘,DESCRIPTION.
1,801 ACRES MORE OR'
LESS, BEING:OUT:OF
ABSTRACTS 678, 61, 555,
sea, no,AND-21,2 BRION
CODNTY,.-TF.XAS
Generally located west of •
::-State Highway 288,-the south
,:llnebelng.alOngtounty:Road
92, the west line belpg.100!.. :
fast of andOaWel to the,':•-:
Brazoria County and Fort
-Bend County Line (City of
Peadand On:finance Number
31) incornbeitin6MidaMil
-1199170W-* \-0
north line beinglpg
180.130:
4813a4:,
lidand:Ordinance-.
130if_andlfle 00.0 line -
Olgothefweit line of
"City:of Peadand Ordinance
41:41)0er 749 499citlf=0, • :.
fleadarid•prdiltaape Number
102:-EIPPhealfg(9000'.-
'lest of Statel-lIglway 288.
All that certain 1,801. acres
.More or less; to be inneied.
into the'CitY of Peadand being
all or a portion of Blocks 3; 4,
, 9, and 6, Lote3and 4, Block
12, Blocks 13; 14, 16,4607,1.
18, end 19 and Iota llhroU9h
32 Section 82, Allison Richey
Gulf COO:Home CO.'s-
BubdivisionaCc0c8notO the:
. plat there of filedlinidanne 2; -:
zaaritd0: pcdriaatiots.
2707410rid0.§aatirio,
"ifitjtn.C1APISIgi'fF=CAINiti.'
'--1.1eig24rfnnr:4:17!1:
and otd0 ,
Sunmy-Abstrist
-111;
::1;i4111
Point FRP4r in bus uasi
of H.T. '
west line of said Abeirplfger RQa
Beginning at a opintnnultlW
the 140400 the INOV:c g *4' OW'
amiof Cashif Paadan4 • -mit*
Ordinance Number 762 apd
the north nght-otay line of
County Road 92 (Based on
40' width),:said Paint being
located North - 20.00' from the
common south confer of Lot
4, Block 19 and Lot 3, Block
20 of the Allison Richey Gulf
Coast Home Cb's Subdivision
according to the plat thereof
filed in Volume 2, Page 99
Brazoria County Plat Records;
Thence West, passing at .
781.4', more or less, the east
line.of T.C. R.R. Company
§urvey, Abstradt 678 and the
west line of A, Maxey
Survey, Abstract - 675, contin-
uing with the north right -of -,
way line Of said Road
92 a total distance of
1,tg09LioOfe or lese, to a
survey .0 ir 4r.
comer 0 said Abstract- tt.
seld Abstmot ;678,
& . R.R, Company Survey
Abstract 564 and H.T. & B.
R.R. Company Survey
&stract 300 conlinyings
Oafdistance 014099'i merry
Or lees, tc: inoint ler COMerldi
the south line of said County
Road 92:
gbence West- 5,280:09% - -
more ono, 4ithth, Qth:
;right:Of-of ot eaid
County Road 9:21.cka point:tar:1
comer inthowestline °lea
Abstract !:,564 and the east
lee of H.T. &R.A.
Company Survey Abstract-
'
UNtW WOES Abetroct-i39F
the north line of.said Abstract -
- 538 to.a point for comer, -,
' said point being located 10ty.
east of and perpehdicar to
the Brazoria 'County and rod .
Bend County Line;-*
•,,T. hence N 14° 57' 39'E-
100.091 east 0 and ofirenel t9.
the said Blazons County and
Fort.13end Coupty.Line as ref-
erenced in City of Peadand
ordinance Number 31, pass-
ing at 5A14.17', mars Or lees.
the north line of said AbStroet
- 30, 5 Ind thcte.s02th-lioefof ..._
es ,Abstre 2000iniart9
1 a tat distance.ot ,47857,
mare OP kW, kPOS6r,/ ki
curve to thalafthaYing-, a7,
mdkilof 0,9030 !.°C1,9?-9.
r tpreocitigngf ritaMago-"
aciteincl,P1r0
:.‘4,3fi,:, 1.,
I. - al '-'-„W-' -:'"-• 9
1 . : •
bi
andalso.
lineof Qte$
Ordinance
T
:nib* I
Pe:
813,
oofndsapidaramIcleHtiitOrdt1:14ead,09.17416014:
at2
rofd.Airc
Se a total araisliVdeTOn
3,444.93', more or leas, and a
chord beed99. add Oletede9 91 •
ktf-4:402:30:t . :
T.Ci:fif:r.ii:&12-1614PoIntMark-
538;
and aontinuEng-:::
. - aPaswiet,,
Thence North?.:20.00'. more
r 2:,)31111T.
nor wiuttwejtIriq1 ai mcHiraRod, .0.1166-at -
"said petract ;:.664-and the- 'a 671.001,1110re:or Jess, the -
east line 0 saldAbstractc.638'4 1 west line of said Abstract -
tg-a point-foncOmer-Ma g ti 678 and the east line of said
thatorirton Grimatataaldh-.:' 1 Aiits-tract -212 contlnutn
Abstract -305, said Abstract: --tritai. distance of 2,869.00, •
:565,:saidAbstradt - 564 and : More orless, to a point for
vsaidAbStract-:538; ,caper; . . . .j
*era s-gr 431:06. E
f 37105, Mona OHM,: and
continuing with said south line
Of City -Of Peadand Ordinance
Number 813 to a point for cor:.
ner, said point being located
Southerly - 617.00', more or
less from the centedine of
sold McHard Road;
Thence N,56° 12' 06' E.
.1.065,00, More or less, and
ontinuing with said south line
of City of Peadand Ordinance
"Number 813 to a point for car-
aterintha eakiina rif a 40'
--tlattedRoad said point aping
located Southerly -389.00',
jrnoresof leas, from thecenter-
line oistad McHard Road;
Thence East with the south
linegyio,tlOts 1 and 2, Block- f 2
and the north arie-of Lots 3
and 4, Block 12otsaid Allison
Richey Gill Coast Homes -
Co.'s Subdivision and contin-
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ChybiBearland Ordinance
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Total distance of 1;790.00.
pore or less; to:a point for
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confer of Lot 4, Block 12 0
said Allison Richey -- ;-
Coast HorneCO3!8.. it
ant& 2:1-tbrittaid
Allison Richey Gulf Coast
Home Co. 's Subdivision, and
the west line of City of
Peadand Ordinance Number
se and cityar -
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corner of said Abstract- 344,
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34.
All interested citizens and
property owners are herepylt
'.',:notifiedof their fight to appear
and be heard on the ?natter:-
,
Young Lorfing_
[ City Secretary
Dhms site is accessible to dis•'
abed individual§: For special
assistance, such as the need
for deaf interpreters or b
materials, please call You
todprQ9l'2BSj
FILED FOR RECORD
98 DEC 21 PH 1: 49
o
v
;RAZu.lIA COUNTY TEXAS
MEsreocrous
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:
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 '/2 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 pattems and
substandard buildings/mobile homes with which they must deal. There is also an additional plan
reviewerfmspector 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 2/1398 (Revised 6/398)
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 October 5, 1998
Notice to Newspaper (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 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 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
Estimated
1997 Addresses 1997 Area 1997 Value $/acre $/Address Persons/Ac.
1400 4,089.63 $81,14,457 $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
1998 value est.
2,800 $14,000,000
280 $1,400,000
1,330 $31,737,305
4,410 $47,137,305
Valuation or Collection
No. of Customer Rate or Fee Rate
$47,137,305
300
20
320
0.00695
$2.53
$16.00
$3.20
99.00%
99.00%
99.00%
99.00%
$!acre est. $/Address est. Persons/Ac.
$5,000 NA NA
$5,000 NA NA
$23,863 $99,179 0.89
0.27
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
$25,000
$108,000
Streets Maintenance
1 Pickup $25,000
2 Employees $54,000
Police
2 Officers
Vehicle/Equipment $68,652
$80,658
Total $428,652 $267,658
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