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Ord. 0677 09-12-94ORDINANCE NO. 677 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 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 July 18, 1994, at 7:30 o'clock p.m. and on July 25, 1994, 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 PEARLAND/ANNEX ORD WHEREAS, the City of 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, Draft Service Plan For 72.23 Acres of Land Located South of West Oaks Subdivision" 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. PEARLAND/ANNEX. ORD 2 The City Council further ratifies, approves and confirms such 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. PEARLAND/ANNEX ORO 3 ce , PASSED AND APPROVED on first reading this ,L day of r, 1994. PASSED AND APPROVED on second and final reading this /.2_i day of ATTEST: City Secret APPROVED AS TO FORM: �Ci y for ey , 1994. Mayor PE.RL7ND/ANNEX.ORD 4 Tract 1 EXHIBIT Being a tract or parcel of land containing 31.2534 acres (1,361,400 square feet) and being a part of Section 15 of the H.T. & B.R.R. Co. Survey, A-241, Brazoria County, Texas, and being.more particularly described by metes and bounds as follows: COMIXENCING at the intersection of the centerline of County Road No. 103 (Harkey Road) (based on a 60 foot right-of-way) and the North line of County Road No. 91 (Fite or Nelson Road) (based on a.60 foot right-of-way); THENCE West, coincident with the North right-of-way line of said County Road No. 91, a distance of 1320.00 feet to the POINT.OF BEGINNING and being the Northeast corner of the herein described tract; THENCE South, along the centerline of a 45-foot drainage easement a distance of 1650.18 feet to a point for corner, and being the Southeast corner of the herein described tract; THENCE West, a distance of 825.00 feet to a point for corner, and being the Southwest corner of the herein described tract; THENCE North, a distance of 1650.18 feet to a point for corner, in the North right-of-way line of said County Road No. 91 and being the Northwest corner of the herein described tract; THENCE East, coincident with the North right-of-way line of said County Road No. 91, a distance of 825.00 feet to the POINT OF BEGINNING and containing 31.2534 Acres (1,361,400 square feet) of land. Page 1 of 2 Tract 2 Being a tract or parcel of land containing 40.9697 Acres (1,784,640 square feet) and being a part of Section 15 of the H.T. & B.R.R. Co. Survey, Abstract No. 241, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerline of County Road No. 103 (Harkey Road) (based on a 60 foot right-of- way) and the North line of County Road No. 91 (Fite or Nelson Road) (based on a 60 foot right-of-way); THENCE South, coincident with the centerline of said County Road No. 103, a distance of 1352.00 feet to a point for corner, and being the Southeast corner of the herein described tract; THENCE West, a distance of 1320.00 feet to a point for corner, said point being the Southwest corner of the herein described tract; THENCE North, a distance of 1352.00 feet to a point for corner, said point being in the North right-of-way line of said County Road No. 91 and being the Northwest corner. of the herein described tract; THENCE East, coincident with the North right-of-way line of said County Road No. 91, a distance of 1320.00 feet to the POINT OF BEGINNING and containing 40.9697 Acres (1,784,640 square feet) of land. (Totaling 72.23 Acres located South of West Oaks Subdivision.) EXHIBIT A_ Page 2 of 2 EXHIBIT 13.. CITY OF .GARLAND, TEXAS DRAFT SERVICE PLANFOR 72.21 ACRES OF LAND LOCATED SOUTH OF WEST OAKS SUBDIVISION 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 72.23 acres of land ("Tract") located south of West Oaks Subdivision, as described by metes and bounds in "Exhibit A" which is attached to this Plan and to the annexation ordinance of which it 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 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. 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 Page 1 of 5 EXHIBIT hs. 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. 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 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 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. Page 2 of 5 EXHIBIT a 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. 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 thisarea within the City of grows, it will be considered for the development of additional facilities. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health Services will be provided by the Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. Page 3 of 5 EXHIBIT c. Codc Enforcement personnel will enforce thc City's housing codc and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dwnping 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. 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. 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. Some capital improvements will be necessary to provide wastewater treatment service to portions of the Tract. 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 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 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. Page 4 of 5 EXHIBIT b._ 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 Swunming 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 set -vices, 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 negations, representations, plans and agreements, whether written or oral. Page 5 of 5 AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personally appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that the foregoing attached notice was published in said newspaper on the following date(s), to wit: , 19 Subscribed and sworn to this UM day of 19�� (SEAL) NIKKI KLEIN Notary Public, State of Texas My Commission Expires 05/17/98 �/ BUSINESS MANAGER "lift Lair' NOTARY PUBLIC STATE OF TEXAS The Journal, Wednesday, July 6, 1994 Page 7 3r 9. CHILD CARE IN MY REGISTERED family home, CPR, first ald cerL Available, M-F., Tam -midnight. Sat by appt. Call Pam 334-7162 KEMAH 614 CLEANING/MAINTENANCE HOUSE CLEANING performed at reasonable rates with reliable service. Ref. avail. from local clients. 992-3224 HOUSE CLEANING DONE: By two ladles with references. Supplies & vacuum furnished. Call 481.0428. CLEANING SERVICE, Home & Office, 8 yrs experience in this area. References. Free Estimates. THE QUIET CREW 482-9412 617 CONCRETE DRIVEWAYS, PATIOS SIDEWALKS, SLABS, ETC. Refs. Licensed & bonded. 331-0444 623 ENTERTAINING NASHVILLE TALENT SEARCH 291-9210 628 HEALTH/BEAUTY ARE YOU OVERWEIGHT? Have no will -power? NO PROBLEM! Call now! (713)286-7053 THE SCARE IS OVERII Health dept loses battle over Formula One'!l Are you tired of being tired? Energize with Natures Nutrition (trn) Formula Ono. Look Better, Feel Better, Have More Energy. Free 3 day pack, call Nancy 482-8121 649 SAND/TOPSOIL JOE'S HAULING: Crushed Concrete & Washout, Driveways, Sand & Fill Dirt and Tractor Mowing. 489-7080 FOUNDATION REPAIR House Leveling SFce 1963 • FHA & VAAR:roved Specs for Resale • Free isnmetes • Fully Insured • Professional Enp'neor • Payment Upon GarploInn of Job Century Foundation Co. 8sys442 Cal 24 Hass -Anyone I LEGAUPUBLIC NOTICE NOTire ..r f,,f, ,.. „....,.,........ • Tract 2 Being a tract or parcel of land contain- ing 40.9697 Acres (1,784,640 square feet) and being pan of Section 15 of th H T & B.R.R. Co. Survey, Abstract No. 241, Brazoria County. Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerline of County Road No. 103 (Harkey Road) (based on a 60 loot right-of-way) and the North line of County Road No. 91 (Fite or Nelson Road) (based on a 60 loot right-ol- way); THENCE South, coincident with the centerline of said County Road No. 103, a distance of 1352.00 feet to a point for corner, and being the South- east corner of the herein described tra 1, THENCE West, a distance of 1320.00 feet to a point for corner, said point being the Southwest corner of the herein described tract; THENCE North, a distance of 1352.00 feet to a point for corner, said point being in the North right-of-way line of said County Road No. 91 and being the Northwest corner of the herein described tract; THENCE East, coincident with the North right-of-way line of said County Road No. 91, a distance of 1320.00 feet to the POINT OF BEGINNING and containing 40.9697 Acres (1,784,640 square feet) of land. (Totaling 72.23 Acres located South of West Oaks Subdivision.) All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Pat Jones, TRMC City Secretary City of Pearland This site is accessible to disabled indi- viduals. For special assistance, such as the need for deaf interpreters or braille materials, please call Pat Jones at 485-2411 prior to the meet- ing so that appropriate arrangements can be made. CITY OF PEARLAND, TEXAS B94-10 REQUEST FOR QUALIFICATIONS (RFQ) Sealed Statements of Qualifications (RFO) will be received, in triplicate, in the office of the City Secretary until 10:00 A.M. on July 20, 1994, at which time they will be publicly opened and considered for : the firm's experience in the type of services being soyght, and the quality of the firm's previous projects. The firm considered by the City to be the most qualified will.be selected for the project. subject to successful negotiation of a contract scope and fee. For further information contact Glen Erwin, Division Director of Administrative Support, City of Pearland, 713-485,2411. The City of Pearland reserves the right to award the contract directly from the RFO submittal and/or develop a shortlist of firms and request presentations Pat Jones, TRMC City Secretary July 6, 1994 NOTICE TO BIDDERS NOTICE TO BIDDERS FOR SEALED BIDS TO PURCHASE LAND AND IMPROVEMENTS located at 3405 East Broadway, being Lot 2, Blk 2, Regency Park, Commercial Reserve, City of Pearland. Brazoria County, Texas, should be addressed to Con- nie Garner, County Auditor of 8razo- ria County, Texas until 2:00 P.M., July 20, 1994. Any bid received after this time will be rejected. SPECIFICATIONS AND BIDDING DOCUMENTS may be obtained from the Brazoria County Auditor's Office at 111 East Locust, Room 303, County Courthouse in Angleton, Texas 77515, or by mall by calling (409) 849-5711, extension 1275. A MINI- MUM BID' OF $100,000.00 IS REQUIRED. THE COUNTY RESERVES THE RIGHT to accept or reject in whole or in part any bids submitted, and to waive any technicalities for the best interest of the County. MARK PLAINLY AND DISTINCTLY on the outside of your bid envelope -SALE OF BUILDING - PEARLAND" to be opened at 2:00 P.M., July 20, 1994 and hand deliver or mail to the undersigned. Signed: /s/ CONNIE GARNER BRAZORIA COUNTY AUDITOR 111 EAST LOCUST, ROOM 303 ANGLETON, TX 77515 NOTICE OF A JOINT PUBLIC HEAR- ING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 25th day of July, 1994, at 7:00 P.M., the City. Council and the Planning and NOTICE 7o BIDDERS CITY OF PEARLAND, TEXAS BID NO. 894-9 Sealed bids, marked -Oil and Gas Lease-, will be received in the office of the City Secretary, 3519 Liberty Drive, Pearland, Texas, 77581, until 10:00 A.M., July 20, 1994, at which time they will be publicly opened and read aloud for an Oil and Gas Lease by the City of Pearland on the following tracts of land: 0.3526 acres of land, being a 20 foot wide strap of land lying in Har- ris County along the northeasterly boundary of a 20.263 acre tract of land described in deed to Thomas G. Greedy, Jr. and Homer B. Woodward in Vol. 1837, Page 164. Deed Records of Harris County, Texas, and being out of the W.D.C. Hall Survey in Harris County, Texas, Abstract 23, Harris County, Texas. 0.353 acres of land, more or less, being a 20 foot wide strip of land along the entire southwesterly boundary of a 11.799 acre tract belonging to Homer B. Woodward and Wife Frances Ann Woodward and described in Vol. 1174, Pages 396 and 397 of the Deed Records of Harris County, Texas, and being out of the W.D.C. Hall Survey in Harris County, Texas, Abstract 23, Harris County, Texas. Specifications, including a map of the proposed area to be leased, may be obtained form the office of the City Secretary, City Hall, 713-485-2411. Bidders should respond to this notice by submitting to the office of the City. Secretary on "Oil, Gas and Mineral Lease' form, fully completed, and in a- tom binding the Lessee to the terms thereof. The proposed lease of the successful' bidder will be presented to the City Council for approval and exe- cution by the City Manager. The City of Pearland reserves the right to accept or reject any and/or all bids and to waive informalities. Pat Jones, TRMC' City Secretary NOTICE TO BIDDERS CITY OF FRIENDSWOOD, TEXAS ' BID NO, 94-19 SEALED BIDS, IN DUPI ICATF, ON BID FORMS PROVIDED; ADDRESSED TO THE CITY OF, FRIENDSWOOD, ATTN: DELORIS MCKENZIE, CITY SECRETARY, WILL BE RECEIVED AT. FRIENDSWOOD CITY HALL, 109 E: WILLOWICK, FRIENDSWOOD; TEXAS, 77546 UNTIL 2:00 P.M.; TUESDAV, JULY 19, 1994, AND AT 'O8 KIONOM rook .13 r NOS73N . ia, 20 3W 1 ,4WMoode els SVJ oa 8►37Wr MUMS La MO ask LS L5L 80 3N/ad3sar At41100899Ls ,+I 0 m