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Ord. 0921 Adopted as Ord. 924Tabled 08/31/99 Adopted as Ord 924 ORDINANCE NO. 921 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 (EAST OF COUNTY ROAD 48 AND NORTH OF COUNTY ROAD 59); 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 July 26, 1999, and on August 2, 1999, 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 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, 1 ORDINANCE NO. 921 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 566 Acres of Land Located South and West of the Existing City Limits, North of County Road 59 and East of County Road 48, 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 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 2 ORDINANCE NO. 921 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 the ?3rd day of U 5 , A. D., 1999. 3 c TOM REID MAYOR ORDINANCE NO. 921 ATTEST: of PASSED and APPROVED on Second and Final Reading this the day ATTEST: , A. D., 1999. YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR Ordinance No. 921 passed on its first reading, will be presented as Ordinance No. 924. Therefore, it will be necessary to table Ordinance No. 921 Monday night. EXHIBIT CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 566 ACRES OF LAND LOCATED SOUTH AND WEST OF THE EXISTING CITY LIMITS, NORTH OF COUNTY ROAD 59 AND EAST OF COUNTY ROAD 48, ENCOMPASSING APPROXIMATELY 566 ACRES IN BRAZORIA COUNTY TEXAS. I. INTRODUCTION. This Service Plan ("Plan") is made by the City ofPearland, 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 south and west of the existing city limits, north of County Road 59 and east of County Road 48, encompassing approximately 566 acres in Brazoria County Texas. The Tract is described by metes and bounds in "Exhibit A" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. H. TERM: Et ECTIVE DATE. This Plan will be in effect for a term often years commencing on the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (I) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. Services under this Plan will equal or exceed the 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 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. 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 for the 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 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). There are no existing public roads within the Tract. The Department of Public Works will provide maintenance of roads, streets, and traffic control devices over which the City will have jurisdiction and maintenance of roadside drainage ditches not maintained by Brazoria Drainage District No. 4. g• Maintenance of Parks, Playgrounds and Swimming Pools. Since there are no such public facilities within the Tract, any future maintenance of parks, playgrounds and swimming pools will result from the acquisition and development of such by the City Parks and Recreation Department. The Parks and Recreation Department will include the area in its planning for future facilities and its acquisition program. 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 residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. The City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition will begin within two years of the effective date of this Plan, and be substantially complete before four and one half years of the effective date of this plan. 1. Police Protection. Additional capital improvements are not necessary at this time to provide police protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection. Additional capital improvements are not necessary at this time to provide fire protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. Water and Wastewater Facilities. Additional capital improvements are not necessary at this time 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. 4 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 ofTransportation, for instance. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken by the City as necessary. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not 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 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. 5 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 METES AND BOUNDS DESCRIPTION 566 ACRES MORE OR LESS OUT OF ABSTRACT 564, BRAZORIA COUNTY, TEXAS. The herein described 566 acres of land being generally located in Section 80, of the H. T. & B. R. R. Co. Survey, Abstract 564, Brazoria County, Texas; the north line being the south right-of-way line of County Road 92 and the south line of City of Pearland Ordinance No. 880; the most westerly line being the east right-of-way line of County Road 48 and the east line of Lots 1, 2, 9, and 10, Allison -Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 98, Brazoria County Plat Records; the south line being the north line of said Lot 9 and the north line of City of Pearland Ordinance No. 31, being 100' north of the south line of Abstract - 564, being common with the centerline of County Road 59; the east line being along the west line of City of Pearland Ordinance No. 762 common with the east line of Abstract - 564; All that certain 566 acres of land, more or Tess, to be annexed into the City of Pearland being all of or a portion of Lots 3 - 8, 11 - 56, and a portion of 40 acre tract known as Lot 57, Section 80, Allison -Richey Gulf Coast Home Company Subdivision, according to the plat thereof filed in Volume 2, Page 98 Brazoria County Plat Records, H.T. & B. RR Company Survey, Abstract - 564, Brazoria County, Texas and being more particularly described by metes and bounds as follows (bearings based on the centerline of County Road 92 to be due west); Commencing at the Northeast corner of said Abstract 564, also being the common corner of Abstract 564, Abstract 565, Abstract 678, and Abstract 300; said comer also being on the centerline of County Road 92 and bears East a distance of 5280 feet, more or less, from the intersection of said County Road 92 and County Road 48; Thence Southerly - 20', more or less, with the East line of said Abstract 564, the West line of said Abstract 300, and the West•line of the City of Pearland Ordinance No. 762, to the South right-of-way line of County Road 92 and the POINT OF BEGINNING of the herein described tract; 1) THENCE Southerly - 5,154', more or Tess, with the East line of said Abstract 564, the West line of said Abstract 300, and the west line of the City of Pearland Ordinance No. 762, to the North line of a City of Pearland 100 feet wide strip as described in Ordinance No. 31; 2) THENCE Westerly - 3,960', more or less, with said North line of said City of Pearland 100 feet wide strip as described in Ordinance No. 31 (the North line of said 100 feet wide strip lies 100 feet North of and parallel with the South line of said Abstract 564, the North line of Abstract 298, and the centerline of County Road 59), to the East 11-421-39-1 M&b.doc line of Lot 10 and the West line of a 40 acre tract in said Section 80, according to the plat of said Allison -Richey Gulf Coast Home Company Subdivision; 3) THENCE Northerly — 1,220', more or Tess, with the East line of said Lot 10 and Lot 9 in Section 80, according to the plat of said subdivision, and the West line of said 40 acre tract, to the Northeast corner of said Lot 9 and the Northwest corner of said 40 acre tract; 4) THENCE Westerly — 1,296', more or Tess, with the North line of said Lot 9, and the South line of Lot 18 and Lot 8 in Section 80, according to the plat of said subdivision, to the East right-of-way line of County Road 48 (based on a 60' width); 5) THENCE Northerly — 2,958.3', more or less, with the East right-of-way line of said County Road 48 (60 feet wide), to the North line of Lot 3 and the South line of Lot 2 in said Section 80, according to the plat of said subdivision; 6) THENCE Easterly — 851.3', more or Tess, with the North line of said Lot 3 and the South line of said Lot 2, to the Northeast comer of said Lot 3 and the Southeast comer of said Lot 2; 7) THENCE Northerly — 970', more or Tess, with the East line of Lot 2 and Lot 1, and with the West line of Lot 12, and Lot 11, in said Section 80, according to the plat of said subdivision, to the South right-of-way line of County Road 92 and the a South line of the City of Pearland Ordinance No. 880; 8) THENCE Easterly — 4,400', more or Tess, with the South right-of-way line of County Road 92 (50 feet wide) being 20' South of the North line of said Abstract - 564and with said South line of the City of Pearland Ordinance No. 880, to the POINT OF BEGINNING and containing 566 acres, more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Compiled by: C.L. Davis & Company Job Number: 11-421-39-4 08/17/99 C. L. DAMS r • A 4464 11.421-39-4 Mkb.doc * i 4e _ 1i $ VI i ; tilt,r . 111111a iili: It* 1 i -; k ....--4___„„..- i '" 1