Ord. 0686 02-27-95R332767
95.-00759I
ORDINANCE NO. 686
503-29-3593
93/31/95 00229644 R332767 $ 35.C9
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 /I-
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND :a
BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA i//,
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 543.052, 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 January 9, 1995, at 7:30 o'clock p.m. and on January 23,
1995, at 7:30 o'clock p.m., at the Pearland City Hall, 3519 Liberty
Drive, Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with S43.051
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
WHEREAS, the City Council finds and determines that the
1
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.
513-29=3594
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 37.90 Acres of Land Located in Two
Tracts Adjacent to Green Tee Terrace Subdivision in Harris 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 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
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503-29-3595
written notices and the contents 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.
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5C3-29-36ij4
PASSED and APPROVED on first reading this /3 day of
,4CIr 0
PASSED
day of
ATTEST:
, A.
D., 1995.
• Mayor
David Smith, Mayor Pro Tem
y Secretary, TRMC
and APPROVED on second and final reading this
A. D., 1995.
Tommie Jean Vial, Interim City Secretary
APPROVED AS TO FORM:
Cite
C. V. Cop 1J. gcr,
David Smith, Mayor Pro-Tem
orney
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5E3-29-3596
EXHIBIT "A"
Tract 1
A TRACT OF LAND, OUT OF LOTS 121 AND 122 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, SECTION G, A-290, HARRIS COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the common line between lots 121 & 120 of the Allison
Richey Gulf Coast Home Company Subdivision, Section G out of the
Thomas J. Green Survey, A-290, Harris County, Texas. At its
intersection with the common line of the Thomas J. Green Survey, A-
290 and the W.D.C. Hall League, A-23, Harris County, Texas. Said
line also being the northwest line of Green Tee Subdivision,
Section One and the present City limits line of Pearland, Texas;
THENCE, N 45° W, 680' to a point for corner;
THENCE in a southwesterly direction along the common line between
lot 121 and lot 103 of the aforementioned Allison Richey Gulf Coast
Home Company Subdivision, a distance of 330' passing the common
corner of lot 121 and lot 122 and continuing to the centerline of
Clear Creek;
THENCE in a southerly direction and following the meanders of Clear
Creek to its intersection with the common line between the Thomas
J. Green Survey, A-290 and the W.D.C. Hall League, A-23, Harris
County, Texas;
THENCE in a northwesterly direction along the common line between
A-290 and A-23 to the place of BEGINNING, being approximately 26.1
acres.
Tract 2
A TRACT OF LAND CONSISTING OF LOT 8A AND LOT 8B, ABSTRACT 23,
HARRIS COUNTY, TEXAS, WHICH ENCOMPASSES ALL OF THE LAND SITUATED
BETWEEN THE SOUTHEAST BOUNDARY LINE OF GREEN TEE SUBDIVISION,
SECTION ONE AND THE CENTER LINE OF CLEAR CREEK, HARRIS COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the intersection of the southeast boundary of Green
Tee Terrace Subdivision with thecenter line of Clear Creek, said
point bears S 45° 00' 25" W 456' and N 34° 04' 00" W 433.81' to the
south most corner of lot 1, block 6, Green Tee Terrace Subdivision;
THENCE S 45° 00' 25" W 456.00' passing a R.O.W. corner with Green
Tee Drive and continuing along the southeast line of Green Tee
Terrace Subdivision, also being the SE line of Green Tee Drive,
past another R.O.W. corner, to the south most corner of lot 22,
block 5, Green Tee Terrace Subdivision, for a total distance of
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5- 3-29-3597
1892.29';
THENCE continuing with the same bearing, S 45° 00' 25" W to the
center line of Clear Creek;
THENCE in a southeasterly direction and along the meanders of the
center line of Clear Creek to the place of BEGINNING, being
approximately 11.8 acres.
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5, 3-29-3 598
EXHIBIT "B"
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR
APPROXIMATELY 37.90 ACRES OF LAND
LOCATED IN TWO TRACTS ADJACENT TO GREEN TEE TERRACE SUBDIVISION
IN HARRIS 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 approximately 37.90 acres of land located in two tracts ("Tracts") adjacent
to Green Tee Terrace Subdivision in Harris County. The Tracts are described by metes
and bounds in "Exhibits A & B" which are attached to this Plan and to the annexation
ordinance of which this Plan is a part.
II. TERM: EFFECTIVE 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.
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 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 Tracts) where differing characteristics of topography, land utilization and
population density are considered as sufficient basis for providing differing
service levels.
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503 29 3599
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 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 Tracts. 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 provide emergency medical service
to the Tracts 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
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50 20-3600
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 Tracts.
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
Tracts. The cost of connecting to available lines will be the
responsibility of the Tracts owners, as it is within the existing
City utility system.
The City will make water available to the Tracts according to
the line capacity of existing lines in the vicinity of the Tracts.
The cost of connecting to available lines will be the
responsibility of the Tracts 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.
9.
Maintenance of Parks, Playgrounds and Swimming Pools.
Since there are no such public facilities within the Tracts, 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
5 3-Z9-3Q1.
services be constructed or located by the City within the Tracts,
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 Tracts 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 Tracts. As population in this area
within the City of grows, it will be considered for the
development of additional facilities. Residents of the Tracts
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 Tracts, 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 Tracts. 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.
1. Police Protection. Additional capital improvements are not necessary
at this time to provide police protection. However, the Tracts will be
included with other territory in connection with planning for new,
revised, or expanded public safety facilities.
2. Fire Protection. Initial fire protection for the Tracts will be provided by
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513-29-36O2
using existing facilities established by the Fire Department, however,
the long term provision of service to the area will require additional
capital improvements. The Tracts 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 Tracts.
The Tracts will be included with other territory in connection with
planning for new revised or expanded solid waste facilities.
4. Water and Wastewater Facilities. Some capital improvements will be
necessary to provide wastewater treatment service to portions of the
Tracts. The City will determine what improvements will provide that
service in the most efficient manner, and begin those capital
improvements within two years of the effective date of the annexation.
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 Tracts 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 Tracts.
Future extensions 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 Tracts 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 Tracts. However, the Tracts 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 Tracts by
using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tracts will be
included with other territory in connection with planning for new,
revised, or expanded facilities, buildings or services.
IV. AMENDMENT: GOVERNING LAW.
5:3-29-3603
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 Tracts, and
supersedes all other negotiations, representations, plans and agreements, whetherwritten
or oral.
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503-Z9-360
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FILED FOR RECORD
8:00 AM
MAR 311995
kia
County Clerk, Harris County, Texas
5: 29-3506
ANY f01[Wn BECAUSE a OR nMICH w wa u IN1MAMI w uw auk'oausta TN( astJ AEU
THE STATE OF TEXAS aEEUNaEAruXAw uw,
COUNTY hheer b OFe certify
that this instrument was FILED in File Number
Sequence
yuRECORDED,dntthe OfficialaltPublic Records of Real Propand was
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Harris County, Texas on Property of
MAR 31 1995
33 q
410id
COUNTY CLERK
HARRIS COUNTY, TEXAS
RECORDER'S MEMORANDUM
AT THETIME.QF.RECOROATION, THIS
INSTiiUMENT WASECUNOPO BE INADEQUATE
FOR THE SEW PHOTOORAPHICREPRODUCTION
BECAUSE OF ILLESIatuTY, CARBON OR
PHOTO COPY, DISCOLORED PAPTER, ETC.
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