Loading...
Ord. 0464 11-28-83ORDINANCE NO. 464 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 SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING THE 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; PROVIDING 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 City of Pearland, Texas, was held in the City Council Chambers of the City Hall of the City of Pearland, Texas, on the 17th day of October, 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 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 24th day of October, 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 774.736 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 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 described as follows, to -wit: BEGINNING at a point in the west right of way line of O'Day Road (County Road 103), which bears N 00° 22' 30" W, a distance of 384.43 feet from a 1 inch iron pipe at the intersection of the west right of way line of O'Day Road and the north right of way line of F.M. 518; THENCE N 00° 17' 02" W, along the west right of way line of O'Day Road, a distance of 9,143.66 feet to a point in the south line of the City of Pearland 100 Foot Annexation Strip; THENCE N Strip, a THENCE S Strip, a THENCE N Strip, a Pearland 89° 41' 57" E, along said 100 foot Annexation distance of 2,058.40 feet to a point; 00° 09' 06" W, along said 100 foot Annexation distance of 554.96 feet to a point; 89° 37' 07" E, along said 100 foot Annexation distance of 2,050.30 feet to a point in the existing City Limits Line; THENCE S 00° 32' 48" e, along said Line, a distance of 3,953.10 feet to a Pearland City Limits point; THENCE N 89° 27' 29" W, along said Pearland Line, a distance of 400.00 feet to a point; THENCE S 00° 40' 09" E, along said Pearland Line, a distance of 500.00 feet to a point; THENCE S 89° 27' 29" E, along said Pearland Line, a distance of 400.00 feet to a point; THENCE S 00° 58' 57" E, along said Pearland Line, a distance of 2,184.75 feet to a point; THENCE N 89° 59' 45" W, along said Pearland Line, a distance of 945.56 feet to a point; City Limits City Limits City Limits City Limits City Limits THENCE South along said Pearland City Limits Line, a distance of 1197.40 feet to a point; THENCE S 89° 36' 38" W, along said Pearland City Limits Line, a distance of 1,058.11 feet to a concrete monument in the east right of way line of Hatfield Road (C.R. 555); THENCE S 00° 22' 30" E, along said Pearland City Limits Line and the east right of way line of Hatfield Road, a distance of 756.29 feet to a concrete monument; THENCE S 89° 36' 04" W, along said Pearland City Limits Line, a distance of 2,144.23 feet to the PLACE OF BEGINNING and containing 774.736 acres of land, more or less. SECTION 2. The plan for extension of municipal services into the area annexed to the City of Pearland by the provisions -3- 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 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 -4- 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 Council of the City of Pearland, Texas, this // day of ;Y/6-i„Ltce,n4.4d; ✓ , 1983. CITY OF PEARLAND,19XAS cliat==--) ®1-72 TO IM REID, ATTEST: RO Y L. CO City Secretary PASSED AND APPROVED upon Second Reading by the City Council of the City of Pearland, Texas, this , 1983. ATTEST: OROTI{Y L. y Secretary APPROVED AS FORM: ILLIAMS, City Attorney n28 CITY OF PEARLAND,/TEXAS day of VOTING RECORD - FIRST READING "Aye": Councilman Lentz, Councilman Bost, Councilman Frauenberger, and Councilman Gray. "No": None' Absent: Councilman Mack -5- "No": Councilman Gray VOTING RECORD - SECOND READING "Aye": Councilman Mack, Councilman Bost, Councilman Frauenberger, and Councilman Lentz. West to O'Day Road 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 annexed area will add considerably to the existing patrol and response time responsibilities of the Pearland Police Department. The area would receive patrol service two to three times an eight hour watch. Response time for non emergency calls should not exceed five minutes. Traffic on O'Day Road would be under close surveillance as needed. 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 identification and water bill receipt. Commercial establish- ments 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.