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Ord. 0462 11-28-83ORDINANCE NO. 462 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 forty (40) days nor institution of less than annexation twenty (20) days proceedings, at which not more than prior to the 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 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 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 74.5571 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 described as follows, to -wit: A tract of land containing 74.5571 acres of land out of the Perry and Austin League, Abstract 111, Brazoria County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of the existing City Limits of the City of Pearland which bears West a distance of 101.73 feet from a concrete monument at the intersection of said south line with the Brazoria-Galveston County line; THENCE West along said south City Limit line, at a of 1446.21 feet pass the northeast line of Nasawood sion, continuing in all a total distance of 2226.00 a point for corner in the northwest line of said Subdivision; THENCE S 45° 00' 00" Nasawood Subdivision, for corner, being the Subdivision; W, along the northwest line a distance of 415.54 feet to most westerly corner of said distance Subdivi- feet to Nasawood of said a point Nasawood THENCE S 45° 00' 12" E, along the southwest line of Nasawood Subdivision, a distance of 1365.20 feet to angle point; THENCE S 44° 53' 15" E, along the southwest line of Nasawood Subdivision, a distance of 1498.72 feet to a point for corner, being the most southerlycorner of said Subdivision; THENCE N 45° 00' 00" E, along the southeast line of said Nasawood Subdivision, a distance of 111.36 feet to a point for corner in the west line of City of Pearland City Limits (100 foot buffer); THENCE N 10° 32' 45" E, along the west line of said City Limits (100 foot buffer), parallel and 100 feet at right angles to the Brazoria-Galveston County Line, a distance of 1041.07 feet to a point in the northeast line of Nasawood Subdivision; THENCE N 10° 34' 22" E, along the west line of said City Limits (100 foot buffer), parallel and 100 feet at rights angles to the Brazoria-Galveston County Line, a distance of 1239.77 feet to the PLACE OF BEGINNING and containing 74.5571 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. -3- 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 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 /41 day of /a-ztersaPJt / , 1983. ATTEST: ROTHY L. CO City Secret y CITY OF PEARLAND, T,E1A BY 2L TOM REID, MayoC4) r PASSED AND APPROVED upon Second Reading by the City Council of the City of Pearland, Texas, this ,d.04 /, 1983. ATTEST: DOROTHY L. CO City Secreta y APPROVED AS TO FORM: 'BOB WILLIAMS, Ci Attorney oze day of CITY OF PEARLAND,f1'1rXAS Pitt - TOM REID, Mayor VOTING RECORD P FIRST READING "No": Absent: Councilman Councilman Councilman None Gray, Councilman Bost, Frauenberger, and Lentz. Councilman Mack VOTING RECORD - SECOND READING "Aye": Councilman Lentz, Councilman Gray, Councilman Frauenberger, Councilman Bost and Councilman Mack. "No": None -5- Nasawood and Triangle 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 cover the developed area of annexation on a routine and call for service basis. The Nasawood area is not developed at this time and will require little or no attention. FIRE PROTECTION This area is currently serviced by the Pearland Volunteer Fire Depart- ment, 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 establishments will be served as determined by need. 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. VOLUNTEER EMERGENCY MEDICAL SERVICES The Pearland EMS is presently serving this proposed area and our average response time is approximately five minutes. MAINTENANCE OF WATER AND WASTE WATER FACILITIES Water and sewer facilities in the Nasawood area will be served by the developer. 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.