Ord. 0899 04-26-99PEARLAND
TEX AS
CERTIFICATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA & HARRIS §
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify
that the attached constitute a true and correct copy of ORDINANCE NO. 899; duly
passed and approved on its Second and Final Reading by the City Council on the 26T"
day of April 1999.
Witness my hand and seal of the City of Pearland, Texas, this 19th day of May
1999, at Pearland, Texas.
(SEAL)
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us
ORDINANCE NO. 899
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 (53.6 ACRES WEST OF FM 1128 AT MARY'S CREEK)
AT THE REQUEST OF MIKE ZIGAL AND JAY RICE, OWNERS;
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 March 8,
1999, at 6:30 p.m. and on March 15; 1999, 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. 899
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 53.6 Acres Located in the Northeast
Quarter of Section 18, H. T. & B. R. R. Company Survey, Abstract Number 547,
Brazoria County, Texas," attached hereto as Exhibit "B" and made a part hereof for all
purposes. Such Municipal Service Plan is hereby approved.
Section 3. The City Council officially finds, determines, recites and declares that
sufficient written notices of the date, hour, place and subject matter of the meetings of
the City Council at which this Ordinance was considered were posted at 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
2
ORDINANCE NO. 899
matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notices and the contents
and posting thereof.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as
to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the
same shall be and remain in full force and effect; and should this Ordinance for any
reason be ineffective as to any part of the area hereby annexed to the City of Pearland,
such ineffectiveness of this Ordinance as to any such part or parts of any such areas
shall not affect the effectiveness of the Ordinance as to all of the remainder of such area,
and the City Council hereby declares it to be its purpose to annex to the City of Pearland
every part of the area described in Exhibit "A", attached hereto, regardless of whether
any other part of such described area is hereby effectively annexed to the City.
Provided, further, that if there is included in the general description of territory set out in
Exhibit "A", attached hereto, any land or area which is already a part of and included
within the general limits of the City of Pearland, or which is presently part of and included
3
ORDINANCE NO. 899
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
, A. D., 1999.
TOM REID
MAYOR
ATTEST:
Tip
day of
PASSED and APPROVED on Second and Final Reading this they day
, A. D., 1999.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 899
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
Exhibit A
TRACT 1:
A tract of land containing 27.7 acres and being the south 460 feet of the north '/: of the northeast
1/4 of the H.T. & B.R.R. Company, Section 18, Abstract 547, in Brazoria County, Texas.
Beginning at a point for the corner in the center of Mary's Creek, 1320 feet south and 17.2 feet
west of the northeast corner of Section 18 in the west right-of-way line of the Manvel-Pearland
Highway, 62 feet west of the centerline of pavement;
Thence west with the center of Mary's Creek a distance of 2622.8 feet to corner;
Thence north 00 degrees 05 minutes east a distance of 460 feet to pipe for corner;
Thence east a distance of 2622.8 feet to pipe in west right-of-way line of Pearland-Manvel
Highway;
Thence south 00 degrees 05 minutes west a distance of 460 feet to the place of beginning.
TRACT 2:
A tract of land containing 25.9 acres, out of the center portion of the north'% of the northeast 1/4
of the H.T. & B.R.R. Company Survey, Abstract 547 in Brazoria County, Texas, described by
metes and bounds as follows:
Beginning at a pipe in the west right-of-way of the Pearland-Manvel Highway 62 feet west of the
center line of concrete, and south 430 feet and west 17.2 feet from the northeast corner of
Section18;
Thence south 00 degrees 05 minutes west with said right-of-way a distance of 430 feet to pipe for
corner;
Thence west a distance of 2622.8 feet to pipe for southwest corner;
Thence north 00 degrees 05 minutes east a distance of 430 feet to pipe for corner;
Thence east a distance of 2622.8 feet to the place of beginning.
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Exhibit "B"
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 53.6 ACRES OF LAND
LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT NUMBER 547, 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 in the Northeast Quarter of Section 18, H.T. & B. R.R. Company Survey, Abstract Number
547, Brazoria County, Texas, encompassing approximately 53.6 acres in Brazoria County Texas. The
Tract is described by metes and bounds in "Exhibit A" which is attached to this Nan and to the
annexation ordinance of which this Plan is a part.
H. 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 Nan 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.
HL SERVICE PROGRAMS.
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (n) 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 (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.
1
As used in this Plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect either at the time that the service is requested or at the time
that the service is made available or provided. The policies and procedures
may require that a specific type of request be made, such as an application or
a petition. They may require that fees or charges be paid, and they may
include eligibility requirements and similar provisions.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided within the Tract
within the period that meets or exceeds that required by State law. Service
will be provided immediately upon annexation in the case of police, fire
protection and emergency medical service and within sixty days for all other
services. The statutory services are as follows:
a. Police Protection. The Police Department of the City will provide
protection and law enforcement in the Tract. These activities will
include normal patrols and responses, the handling of complaints and
incident reports, and, as appropriate, support by special units of the
Department.
b. Fire Protection. The Pearland Volunteer Fire Department (VFD) of
the City of Pearland will serve the area in cooperation with VFDs in
the area according to mutually agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency Medical
Service (EMS) will continue to provide emergency medical service to
the Tract under a contract with the City.
d. Solid Waste Collection. Service will be provided to eligible property
by private contractor, under contract with the City. To be eligible for
City solid waste collection service, property must have frontage on a
public street and place solid waste in containers approved forthe
specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. Existing public
water and wastewater facilities, if any, 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
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connection to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
f. Maintenance of Road and Streets (including lighting). The
Department of Public Works will provide maintenance of roads,
streets, and traffic control devices over which the City will have
jurisdiction and maintenance of roadside drainage ditches not
maintained by Brazoria Drainage District No. 4.
Maintenance of Parks, Playgrounds and Swimming Pools. Since
there are no such public facilities within the Tract, any future
maintenance of parks, playgrounds and swimming pools will result
from the acquisition and development of such by the City Parks and
Recreation Department. The Parks and Recreation Department will
include the area in its planning for future facilities and its acquisition
program.
h. Maintenance of Any Other Publicly -Owned Facility, Building or
Service. Those drainage facilities associated with City maintained
public streets will be maintained by the Department of Public Works.
Should any other facilities, buildings or services be constructed or
located by the City within the Tract, an appropriate City department
will provide maintenance services for them.
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.
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
3
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 itnprovements 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
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.
5. Roads and Streets (including lighting). In general, the City will acquire dominant
4
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, or private parties in
conformance with City regulations, 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 Swimnting Pools. These services can be provided by using
existing capital improvements. Additional capital improvements are not necessary at
this time to provide such services to the Tract. However, the Tract will be included
with other territory in connection with planning for such facilities.
7. Other Publicly -Owned Facilities, Buildings or Service; Additional Services. In
general, other City functions and services, and the additional services described above,
can be provided for the Tract by using existing capital improvements. Additional
capital improvements are not necessary to provide City services, but the Tract will be
included with other territory in connection with planning for new, revised, or
expanded facilities, buildings or services.
IV. AMENDMENT: GOVERNING LAW.
This Plan may not be amended or repealed except as provided by the Act or other controlling law.
Neither changes in the methods nor means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the City will constitute amendments to
this Plan and the City reserves the right to make such changes. This Plan is subject to and will be
interpreted when in accordance with the Act, the Constitution and laws of the federal governments
of the United States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
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.
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VI. 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
TRACT 1:
A tract of land containing 27.7 acres and being the south 460 feet of the north'/: of the northeast
1/4 of the H.T. & B.R.R. Company, Section 18, Abstract 547, in Brazoria County, Texas.
Beginning at a point for the corner in the center of Mary's Creek, 1320 feet south and 17.2 feet
west of the northeast corner of Section 18 in the west right-of-way line of the Manvel-Pearland
Highway, 62feet west of the centerline of pavement;
Thence west with the center of Mary's Creek a distance of 2622.8 feet to corner,
Thence north 00 degrees 05 minutes east a distance of 460 feet to pipe for corner;
Thence east a distance of 2622.8 feet to pipe in west right-of-way line of Pearland-Manvel
Highway,
Thence south 00 degrees 05 minutes west a distance of 460 feet to the place of beginning.
TRACT 2:
A tract of land containing 25.9 acres, out of the center portion of the north'% of the northeast 1/4
of the H.T. & B.R.R. Company Survey, Abstract 547 in Brazoria County, Texas, described by
metes and bounds as follows:
Beginning at a pipe in the west right-of-way of the Pearland-Manvel Highway 62 feet west of the
center line of concrete, and south 430 feet and west 17.2 feet from the northeast corner of
Sectionl8;
Thence south 00 degrees 05 minutes west with said right-of-way a distance of 430 feet to pipe for
corner,
Thence west a distance of 2622.8 feet to pipe for southwest corner,
Thence north 00 degrees 05 minutes east a distance of 430 feet to pipe for corner;
Thence east a distance of 2622.8 feet to the place of beginning.
6
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 )--)`r` 19 n7�7
No Date 19
No Date 19
No Date 19
No. Date 19
President
Subscribe and sworn to before me this .25 day of Ica-
tGmvmonsieRubli
Commission Expires 9-9-02
ON ANREXAT1ON •
la hereby given 1tat a
hea*gwNbeheld by
City Canna of the City of
garland; Texas, in the
Chambers, City Ha&
19 (tarty Drive, Petition*
saes, at B.30 P.M. on March
1999, for the purpose of
Waring annexation Into
dty limits of the following
CT 1: A tract of land con -
big 27.7 acres and being
south 480 feet of the north
of the northeast 1/4 of the
T. & B.R.R. Company,
n 18, Abstract 547, In
County, Texas.
inning at a point for the
r in the center of Mays
, 1320 feet south and
feet west of the north -
comer of Section 18 in
west right-of-way line of
Manuel-Pearland High-
e2 feet west of the ten-
d pavement
west with the center
Mays Creek a distance of
.8 feet b comer,
'$Thence north 00 degrees 05
mutes east a distance of
IBOfeet b pipe for carnet
eaat a distance of
.8 feet to pipe In west
of -way line of Peadand-
HY
south 00 degrees 05
utes west a distance of
feet to the place of begIn-
2: A tract of land con-
25.9 acres, out of the
por*go of NO totem
e northeast 1/4 of the
1 RP, = G,aapany
scribed :by metes and
as *bits:.
eginning at a pipe In the
est *QM-of•way of the
dud4Mnvef Highway 62
west et the center tine of
, and eoulft430 feet
nd west 17,2 feet from the
comer of Section
south 00 degrees 05
es west with said fight
y a distance of 430 feet.
Pine for comer,
once west a distance of
8 feet to pipe for south -
comer,
north 00 degrees 05
nutes east a distance of
feet b pipe foramen
ence east a distance of
2.8 feet to the place of
interested citizens and
dy owners are hereby
of their right to appear
be heard on the matter.
Lorfing
Secrets*
site is accessible to fire-
b6viduete. For special
, such as the need
deaf Interpreters or brace
, please call Yang
at 485.241 t, ext 341,
to the Meeting so that
Mte arrangenaafa
t
f
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 1 issues, as follows:
No. / Date Sr 3 19 '
No Date 19
No Date 19
No Date 19
No. Date 19
rRGnaci �irYrerNenS-
President
Subscribe and sworn to before me this 4 day of I V ali A
19
isher
c, State of Texas
OTICE OF PUBUC HEAR•
ON ANNEXATION
is hereby ghren that a
bib hearing will be held by
City Council of the city of
arland, Texas, in the
ncl Chambers, City Hall,
9 Liberty Drive, Pearland,
at6.20 A.M. on March
1999, for the purpose of
Iderl g annexation into
ah I t of (ire blowing'
1 Airscta(tatfdUM
27.7 acres and being
south 490 Net of the north
of the northeast 1/4 of the
. E'B.R;R: Company,
on 18, Abstract 547, in
oda County, Terms.
inning at a point for the
r in the center *Marys
ek; 1320 feet south and
feet west of the northeast
er of. Section 18 In the
tight -of -way line of the
vetPea:lend ftgN way, 62
west of the centerline of
fie
#hence west with the center
Mays Creek a distance of
2622.6 feet b comer,
Thence north 00 degrees 05
:minutes east a distance of
0 feet to pipe for comer,
Thence east a distance of
22.8 feet to pipe in west
-of-way line of Pearland-
Highway,
nce south 00 degrees 05
minutes west a distance of
460 feet to the place of begin-
ning. .
TRACT 2: A tract of land con-
taining 25.9 acres, out of the
center portion of the north V2
of the northeast 1/4 of the
H.T. & B.R.R. Company
Survey, Abstract 547 in
Brazoria County, Texas,
-described by metes and
bounds as blows:
`beginning si a pipe In the
west right-of-way of the
Peedand-IAenvel Highway 62'
feet west of the center Ane of
concrete, and south 430 feet
1 nd west 17.2 feet from the
rtheast comer of Section
a
1
once smith 00 degrees f�
mutes west with said rtont-
y a distance of 430 feet
pipe for comer,
Mice west a dietetics of
�.8 feet b pipe for south-
ce north 00 degrees 05
es east s distance of
feet to pipe for comer,
4 ,
nce east a distance of
2.8 feet to the place of
%AlI interested citizens and
arty owners are hereby
Bed of their right to appear
(id be heard on the maser.
Young Coifing
Secretary
e is accessble to dis-
individuals. For special
, such as the need
deaf interpreters or Marne
tenets, please call Young
E�i ng at 485.2411, ext. 341,
@ r to the meeting so that
propr ste arrangements can