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Ord. 0466 01-09-84 FailedORDINANCE NO. 466 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF. THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A ` RVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING E VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVID G FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS Pursuant to Section 6 of Article 970a of Vernon's Ann. Civ. St., a general public hearing before the City Council of the Cit of Pearland, Texas, was held in the City Council Chambers of e City Hall of the City of Pearland, Texas, on the 7th day of No ember, 1983, which date was not more than forty (40) days nor 1•ss than twenty (20) days prior to the institution of annexation proceedings, at which meeting all interested persons were irovided an opportunity to be heard on the proposed annexation of, the property and territory described in Section 1 of this ordinance, and also an opportunity to review and inspect the municipal service plan proposed for the areas to be annexed; and WHEREAS, pursuant to Section 6 of Article 970a of Vernon's Ann. Civ. St., a second general public hearing was held in the City Council Chambers of the City Hall of the City of Pearland, Texas, on the 14th day of November, 1983, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings, at which meeting all interested persons were provided an additional oppor- tunity to be heard on the proposed annexation of the territory described in Section 1 of this ordinance, and an additional opportunity to review and inspect the municipal service plan proposed for the areas to be annexed; and WHEREAS, there was no necessity for the holding of a public hearing within the areas to be annexed inasmuch as there were not more than twenty (20) adult residents residing in the territory proposed to be annexed who protested in writing to the City Secretary of the City within ten (10) days after the publica- tion of the notices hereinabove set forth; and WHEREAS, notice of the aforementioned public hearings was published in the official newspaper of the City of Pearland, Texas, and having general circulation within said City, and in the hereinafter described territory, on the 5th day of October, 1983, which date is not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing; and WHEREAS, the hereinafter described territory lies within the extraterritorial jurisdiction of the City of Pearland, Texas, solely; and WHEREAS, the hereinafter described territory lies adja- cent to and adjoins the City of Pearland, Texas, is contiguous with the presently ending City Limits and is not within any other City; and WHEREAS, the territory hereinafter described in Section 1 contains approximately 590.0458 acres of land, and is at least 500 feet in width at its narrowest point; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. The following described land and territory lying adjacent to and adjoining the City of Pearland, Texas, hereby is added and annexed to the City of Pearland, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Pearland, Texas, and the present boundary limits of said City, at the various points -2- contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Pearland, Texas, which land and territory is more particularly desc ibed as follows, to -wit: COMMENCING at a concrete monument at the intersection of the south righof way line of County Road 388 (Magnolia Street) and the west right of way line of County Road 387 (Hatfield Road); THENCE N 00° 00' 53" W, along the west right of way line of County Road 387 anthe existing City Limits, a distance of 30.00 feet to the P CE OF BEGINNING; THENCE N 89° 59' 07" along the south line of Abstract 240 and Abstract 241, a distance of 7,922.26 feet to a point in the west right of way lr e of F.M. 1128; THENCE North along the we't right of way line a distance of 2,640.00 fee to a point in the County Road 91; THENCE N 89° 58' 30" E, along County Road 91, a distance o the west right of way line of the north right 5,280.00 feet unty Road 103 of F.M. 1128, north line of of way line of to a point in (Harkey Road); THENCE N 00° 00' 55" E, along the west right of way line of County Road 103 (Harkey Road), a distance of 2,187.09 feet to a point; THENCE N 89° 22' 46" E, a distanc of 1,317.11 feet to a point in the west right of way li e of County Road 555 (Wagon Trail Road); THENCE S 00° 09' 35" E, along the west right of way line of County Road 555, a distance of 282.5: feet to a point; THENCE N 89° 48' 39" E, a distance of 690.'4 feet to a point; THENCE S 00° 06' 47" E, a distance of 1,t29.00 feet to a point; THENCE N 89° 49' 51" E, a distance of 630.74 feet to a con- crete monument in the west right of way line .f County Road 387 (Hatfield Road); THENCE S 00° 00' 50" E, along the west right o way line of County Road 387, a distance of 1,137.33 feet to a concrete monument; THENCE S 89° 59' 10" W, a distance of 10.00 feet to a con- crete monument; THENCE S 00° 00' 50" E, a distance of 1,029.00 f=et to a concrete monument; THENCE N 89° 59' 10" E, a distance of 10.00 feet to a con- crete monument; THENCE S 00° 00' 50" E, a distance of 343.00 feet to a concrete monument; -3- THENCE S 89° 59' 10" W, a distance of 10.00 feet to a con- crete monument; THENCE S 00° 00' 50" E, a distance of 514..50 feet to a concrete monument; THENCE N 89° 59' 10" E,.a distance of 10.00 feet to a con- crete monument; THENCE S 00° 00' 50" E, a distance of 514.50 feet to the PLACE OF BEGINNING and containing 590.0458 acres of land. SECTION 2. The plan for extension of municipal services into the area annexed to the City of Pearland by the provisions of this ordinance is set forth in the "Municipal Service Plan" attached hereto and made a part hereof for all purposes as Exhibit "A", such municipal service plan is hereby adopted and approved for such annexed area. SECTION 3. The above described territory and the area so annexed shall be a part of the City of Pearland, Texas, and the property so added hereby shall bear its prorata part of the taxes levied by the City of Pearland, Texas, and any future inhabi- tants thereof shall be entitled to all the rights and privileges of other citizens of said City, and shall be bound by the acts, ordinances, resolutions and regulations of the City of Pearland, Texas. SECTION 4. That any future inhabitants of the territory hereby annexed for the purpose of voting, shall vote until other- wise changed, in the respective voting precinct contiguous thereto in the City of Pearland, Texas. SECTION 5. 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 inval- idate the remaining portion or portions hereof, but as to such remaining portion or portions, the same shall be and remain in -4- 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 area shall not affect the effectiveness of this 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 Section 1 of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. SECTION 6. The City Secretary is hereby directed to file a certified copy of this ordinance in the office of the County Clerk of Brazoria County, Texas, and in the office of the County Clerk of Harris County, Texas. SECTION 7. The City Secretary is hereby authorized and directed to publish a copy of this ordinance in accordance with the terms and provisions of the laws of the State of Texas, and the provisions of the Charter of the City of Pearland, Texas. PASSED AND APPROVED upon First Reading by the City Councilpof the City of Pearland, Texas, this / , day of Crig L od, , 19 ilLr . ATTEST: DOROTHY L. C 1R, City Secreta y-- CITY OF PEARLAND, XAS TOM REID, Mayor -5- PASSED AND APPROVED upon Second Reading by the City Council of the City of Pearland, Texas, this day of 19 ATTEST: DOROTHY L. COOK, City Secretary APPROVED AS TO FORM: ILLIAMS, City Attorney jolt' a4Larg, Li CITY OF PEARLAND, TEXAS By: TOM REID, Mayor -6- Southwest Annexation EXHIBIT A MUNICIPAL SERVICE PLAN The following is a summary of the Municipal Services which will be provided in the annexed area within 60 days after the effective date of the annexation. POLICE PROTECTION The Pearland Police Department will expand its patrol function to include the annexed area. On an average a vehicle will patrol this area five times each 24-hour period. The Police Department will investigate and respond to all special incidents which involve accident investigations, burglaries, thefts, disturbance calls, etc. Response time for non emergency calls should not exceed five minutes. FIRE PROTECTION The Pearland Volunteer Fire Department currently services the area referenced. Response time to this area is approximately 5-7 minutes. SOLID WASTE COLLECTION Solid waste collection will be provided for this area in the following manner: Residential garbage pickup will consist of twice a week pickup on Tuesdays and Fridays; limbs and other burnable items will be picked up every other Wednesday. Special hauling to the landfill by the residential user will be allowed on the first and third Saturdays from 9:00 AM until 3:00 PM by presenting a valid indenti- fication and water bill receipt. Commercial establishments will be served as determined by need. VOLUNTEER EMERGENCY MEDICAL SERVICES Pearland Emergency Medical Service presently covers the area with emergency service. Our average approximate response time is five minutes. MAINTENANCE OF WATER AND WASTE WATER FACILITIES All water and waste water facilities serving the City and the annexed area will be maintained by the City in the same manner as the maintenance operation exists within the current corporate limits. MAINTENANCE OF ROADS AND STREETS All City roads and streets in the annexed area will be maintained by the City Street Department in accordance with its regular maintenance program. The Street Lighting Program for the annexed area will be in accordance with the City Street Lighting Policy as it now exists or may hereafter be amended. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS AND THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY, BUILDING OR SERVICE No public facility of this nature exists in the annexed area. CAPITAL IMPROVEMENTS PLAN The Capital Improvements Plan necessary to serve the annexed area within the 2-1/2 year requirement is set forth in Attachment B and will involve only water and sewer facilities.