Ord. 0463 11-28-83ORDINANCE NO. 463
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 10th 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 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 additional oppor-
tunity to be heard on
described in Section
opportunity to review
proposed for the areas
the proposed annexation of the territory
1 of this ordinance, and an additional
and inspect the municipal service plan
to be annexed; and
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 concrete monument in the south line of the
existing City Limits and the west right of way line of the
G.C. & S.F. Railroad;
THENCE East along the existing south City Limits line, a
distance of 11,973.95 feet to a concrete monument in the
southeast line of the W.D.C. Hall League, Abstract 70,
Brazoria County, Texas, said monument also being in the
northwest right of way line of County Road 963 (Buckholt
Lane);
THENCE S 44° 26' 21" W, along the southeast lineof said
W.D.C. Hall League, Abstract 70 and the G.C. Smith Survey,
Abstract 551, Brazoria County, Texas, a distance of 5,441.12
feet to a point for corner, said point also being in the
northwest line of the W.H. Snyder Survey, Abstract 370,
Brazoria County, Texas;
THENCE S 89° 19' 37" W, a distance of 7,190.27 feet to a
point in the west right of way line of the G.C. & S.F.
Railroad;
THENCE N 13° 47' 40" W, along the west right of way line of
the G.C. & S.F. Railroad, a distance of 4,087.27 feet to
the PLACE OF BEGINNING and containing 862.4802 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
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.
, 1983.
CITY OF PEARLAND, T
Bye Jl'Ys2
0 ' ID, ayor
ATTEST:
OROTHY L. '.0 ,
City Secrery
PASSED AND APPROVED upon
Council of the City of Pearland,
1983.
ATTEST:
OROTHY L. CO
City Secreta
APPROVED AS TO FORM:
BOBBY WILLIAMS,
City./ttorney
Second Reading by
Texas, this
the City
CITY OF PEARLAND,
day of
TOM REID, Mayor
VOTING RECORD - FIRST READING
"Aye": Councilman Lentz; Councilman Bost,
Councilman Frauenberger, and
Councilman Gray.
"No": None
Absent: Councilman Mack
VOTING RECORD - SECOND READING
"Aye":
"No":
Councilman Mack, Councilman Bost,
Councilman Frauenberger, and
Councilman Lentz.
Councilman Gray
13
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BOUNDARY OF.
ANNEXATION..
L.IFT STATION
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South
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. The annexed area has some residential and commercial areas
that will be covered as often as practical, no less than two times an eight
hour watch with response time at no more than five minutes on routine calls.
FIRE PROTECTION
This area is currently served by the Pearland Volunteer Fire Department,
and upon annexation the same basic service will exist.
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. 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.
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
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
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 24th day of September,
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 862.4802 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 describedshall 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
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