Ord. 0755 11-25-9697-005485
ORDINANCE NO. 755
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;
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
7, 1996, at 6:30 o'clock p.m. and on October 14, 1996, at 6:30 o'clock 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
RECORDERS 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.
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 321 Acres of land located along SH 35
from the north corner of the intersection of Dixie Farm Road and SH 35 to the City's 100
foot strip in 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 matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notices and the contents
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and posting thereof.
Section 4. 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 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
6:40-14-9--rs IJ, A. D., 1996.
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AtL
day of
Tom Reid, Mayor
ATTEST:
a C. Benitez, City Secreta
P SSED and PPROVED on second and final reading this ad ct day of
, A. D., 1996.
nda C. Benitez, City Secr
APPROVED AS TO FORM:
[es McCullough, ity Attorne
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iom Reid, Mayor
"EXHIBIT A"
321 acres, more or less, located in George C. Smith Survey, Abstract No. 551; Section
29 of the H.T.&B. RR Co. Survey, Abstract No. 292; the A.C.H.&B. RR Co. Survey,
Abstract No. 416, Section 36 of the H.T.&B RR Co. Survey, Abstract No. 461; and W.T.
Hughes Survey, Abstract No. 462 of Brazoria County, Texas, said 321 acres, more or
less, being more particularly described by metes and bounds as follows:
BEGINNING at the northwest comer of that certain 6.01 acre tract of land described in
Volume 1403, Page 686 of the Deed Records of Brazoria County (D.R.B.C.), lying in the
northeasterly line of State Highway 35 (100 feet wide), the northerly line of Lot 178 of the
Zychlinski Subdivision of Section 28, H.T.B. RR Co., Survey, Abstract No. 551 according
to the plat recorded in Volume 29, Page 9 of the D.R.B.C. and on the city limits line of
the City of Pearland;
THENCE EASTERLY, 1,922 feet, more or less, along the said city limits tine and the said
northerly line of Lot 178 and in -part along the northerly line of said 6.01 acre tract and
the northerly line of that certain 6.0 acre tract of land described in Volume 1378, page
672 of D.R.B.C. and passing through the right-of-way of County Road 126 (Dixie Farm
Road) (100 feet wide) and along the northerly line of that certain 30.606 acre tract of land
described in Volume 1262, page 639 of D.R.B.C. to the common comer of Lots 175, 176,
177 and 178 of said Zychlinski Subdivision;
THENCE SOUTHERLY, 1,264 feet, more or less, along the common line between said
Lots 178 and 177 to the southeast comer of the said 30.606 acre tract, Tying in the north
line of Lot 188 of the said Zychlinski Subdivision;
THENCE WESTERLY, 686 feet, more or less, along the south line of the said 30.606 acre
tract and said north line of Lot 188 to a point lying 450 feet perpendicular from the
northeasterly line of State Highway 35 (100 feet wide);
THENCE SOUTHEASTERLY, 536 feet, more or less, along a line 450 feet northeast of
and parallel to the said northeasterly line of State Highway 35 to the northerly line of a
certain 6.554 acre tract described in Volume 1300, Page 674 of D.R.B.C.;
THENCE NORTHEASTERLY, 14 feet, more or less, along the said northerly line of the
6.554 acre tract;
THENCE EASTERLY, 237 feet, more or less, along a curve to the right andalong the said
northerly line of the 6.554 acre tract;
THENCE EASTERLY, 114 feet, more or less, along said northerly line to the northeast
comer of the 6.554 acre tract;
THENCE SOUTHERLY, 463 feet, more or less, along an easterly line of the said 6.554
acre tract;
THENCE SOUTHEASTERLY, 179 feet, more or less, along the said easterly line of the
6.554 acre tract;
THENCE SOUTHWESTERLY, 25 feet, more or less, along a southerly line of said 6.554
acre tract to a point lying 450 feet perpendicular from the northeasterly line of State
Highway 35;
THENCE SOUTHEASTERLY, 475 feet, more or less, along a line 450 feet northeast of
and parallel to the said northeasterly line of State Highway 35 to the south line of said
Lot 188, also being on the south line of the said George C. Smith Survey, Abstract No.
551;
THENCE EASTERLY, 383 feet, more or less, along the north line of the said H.T.&B. RR
Co. Survey, Abstract No. 292 and the north line of Lot 25 of the Allison -Richey Gulf Coast
Home Company's Subdivision as recorded in Volume 2, Page 101 of the Map Records
of Brazoria County, to the northeast corner of the said Lot 25;
THENCE SOUTHERLY, 660 feet, more or less, along the east line of said Lot 25 to the
north line of Lot 26;
THENCE EASTERLY, 660 feet, more or Tess, along the north line of Lot 26 to the
northeast comer of said Lot 26;
THENCE SOUTHERLY, 1,320 feet, more or less, along the east line of said Lot 26 and
the east line of Lot 32 to the north line of Lot 33;
THENCE EASTERLY, 660 feet, more or less, along the north line of Lot 33 to the
northeast corner of Lot 33;
THENCE SOUTHERLY, 660 feet, more or less, along the east line of said Lot 33 to the
southeast corner of Lot 33 and the northwest comer of Lot 49;
THENCE EASTERLY, 660 feet, more or less, along the north line of Lot 49 to the
northeast comer of Lot 49 out of the said subdivision;
THENCE SOUTHERLY, 2,480 feet, more or less, along the east line of said Lot 49, Lot
50, Lot 51 and Lot 52, being the east line of the said H.T.&B. RR Co. Survey, Abstract
No. 292, to the north line of the City of Pearland 100 feet wide City Limits strip, which lies
adjacent to and north of County Road 128 (CR 128);
THENCE WESTERLY, 1,360 feet, more or less, along said north line of the 100 feet wide
City Limits strip and crossing the right-of-way of State Highway 35 (100 feet wide) to the
west line of Lot 44 of said Allison -Richey Gulf Coast Home Company's Subdivision;
THENCE NORTHERLY, 1,160 feet, more or less, along the west line of Lots 44 and 43
to the northwest comer of Lot 43, said comer also being the southeast comer of Lot 35;
THENCE WESTERLY, 660 feet, more or less, along the south line of Lot 35 to the
southwest comer of Lot 35;
THENCE NORTHERLY, 1,051 feet, more or Tess, along the west line of said Lot 35 and
the west line of Lot 34 to the southeast comer of Lot 29B;
THENCE WESTERLY, 174 feet, more or less, along the south line of said Lot 29B to the
southwest comer of Lot 29B;
THENCE NORTHERLY, 269 feet, more or Tess, along the west line of said Lot 29B to the
south line of Hastings Field Road S.;
THENCE WESTERLY, 486 feet, more or less, along the south line of Hastings Field Road
S. to the northeast comer of Lot 23;
THENCE NORTHERLY, 660 feet, more or Tess, crossing Hastings Field Road S. and
along the west line of Lot 28 to the northwest comer of said Lot 28, said comer also
being the northeast comer line of Lot 22;
THENCE WESTERLY, 660 feet, more or less, along the north line of Lot 22 to the
northwest comer of said Lot 22;
THENCE NORTHERLY, 1,320 feet, more or Tess, along the west line of said Lot 21 and
Lot 20 to the northwest corner of said Lot 20, said comer also being the southeast comer
of Lot 13;
THENCE WESTERLY, 352 feet, more or less, along the south line of Lot 13 to the
southwest comer of the east half of Lot 13;
THENCE NORTHERLY, 690 feet, more or less, along the west line of said east half of Lot
13 and crossing Hastings Field Road N. to a point Tying in the north line of Hastings Field
Road N.;
THENCE EASTERLY, 176 feet, more or less, along the said north line of Hastings Field
Road N. to a point lying 450 feet perpendicular from the southwesterly right-of-way line
of State Highway. 35 (100 feet wide);
THENCE NORTHWESTERLY, 3,145 feet, more or less, along a line 450 feet southwest
of and parallel to the said southwesterly right-of-way line of State Highway 35 across Lot
187 and Lot 179 of the said Zychlinski Subdivision of Section 28, to the south line of Lot
173 of the said subdivision and the south line of the city limits of the City of Pearland;
THENCE EASTERLY, 633 feet, more or less, along the said city limits line, the said north
line of Lot 179 and crossing the right-of-way of State Highway 35 to the POINT OF
BEGINNING, containing 321 acres, more or less.
EXHIBIT "B"
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 321 ACRES OF LAND
LOCATED ALONG SH 35 FROM THE NORTH CORNER OF THE INTERSECTION
OF DIXIE FARM ROAD AND SH 35 TO THE CITY'S 100 FOOT STRIP 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 321 acres
of land ("Tract") located along SH 35 from the north corner of the intersection of Dixie Farm Road
and SH 35 to the City's 100 foot annexation strip in Brazoria County. 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.
H. TERM: EMI LCTIVE DATE.
This Plan shall be in effect for a term of ten years commencing on the effective date of the annexation
of the Tract. Renewal of this Plan shall 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 (ii) a Capital Improvement Program described below.
B. Scope and Quality of Services. Services under this Plan shall 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.
Definitions.
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.
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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 required by State law. Service will be provided immediately
upon annexation in the case of police, fire protection and emergency medical
service, within thirty days of annexation for solid waste collection, 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 for the
specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. 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 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
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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 according to the line
capacity of existing lines in the vicinity of 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. 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.
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. Street lighting will be maintained on all public
thoroughfares at the City's expense through a contract with Houston
Light and Power.
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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
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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 shall 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.
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.
Fire Protection. Initial fire protection for the Tract will be provided by using existing
facilities established by the Fire Department, however, the long term provision of
service to the area will require additional capital improvements. The Tract will be
included with other territory in connection with planning for new, revised or expanded
fire fighting 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. An existing sanitary sewer force main and an
existing water main are available near the intersection of Dixie Farm Road and SH 35.
Additional capital improvements may be necessary to provide wastewater treatment
service to the southernmost part of the Tract, depending on the character of future
development therein..
5. Roads and Streets (including lighting). In general, the City will acquire dominant
control of all roads and jurisdiction in, over and under all roads and streets within the
Tract upon annexation, subject to the jurisdiction of other local governmental entities.
State highways and farm -to -market roads remain the primary responsibility of the
Texas Department of Transportation, for instance. Additional roads, streets or related
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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 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 or means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the City shall constitute amendments to
this Plan and the City reserves the right to make such changes. This Plan is subject to and shall 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 shall resume services under
this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the
purpose of this Plan shall 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 of government, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within
the control of the City.
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.
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