Ord. 1456 2011-10-24ORDINANCE NO. 1456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONSENTING TO THE CREATION OF FORT
BEND COUNTY ASSISTANCE DISTRICT NO. 5 AND PROVIDING AN
AGREEMENT FOR THE DURATION, RATE, AND ALLOCATION OF
SALES AND USE TAX; MAKING FINDINGS AND CONTAINING
PROVISIONS RELATING TO THE FOREGOING SUBJECT.
WHEREAS, the City of Pearland has received a petition pursuant to Local
Government Code §42.042, requesting consent of the City to the creation of FORT BEND
COUNTY ASSISTANCE DISTRICT NO. 5 (the "FBCAD NO. 5 ") inside the extraterritorial
jurisdiction of the City; and
WHEREAS, on September 7, 2011, Fort Bend County, pursuant to Chapter 387,
Texas Local Government Code, called an election to create FBCAD No. 5 within Fort Bend
County and impose a sales and use tax within FBCAD No. 5's boundaries; and
WHEREAS, Fort Bend County provided the City with notice of its intention to create
FBCAD No. 5 within the City's extraterritorial jurisdiction in Fort Bend County not later than
the 60 day before the date Fort Bend County Commissioners Court ordered the election;
and
WHEREAS, the City finds and declares that no portion of the boundaries of FBCAD
No. 5 is located within the City's corporate limits; and
WHEREAS, the City Council find that it is in the best interest of the residents of the
City, and particularly those who live in the City's extraterritorial jurisdiction in FBCAD No. 5,
to allow the creation of FBCAD No. 5; now therefore;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ORDINANCE NO. 1456
Section 1 . The City of Pearland, Texas, hereby consents to the creation of FORT
ATTEST:
BEND COUNTY ASSISTANCE DISTRICT NO. 5, consisting of land within the
extraterritorial jurisdiction of the City in Fort Bend County, as described by metes and
bounds in Exhibit 1, subject to the terms and conditions set forth below.
Section 2 . That the City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Open Meetings Law,
Tex. Gov't Code Ann., ch. 551; and that this meeting was open to the public as required by
law at all times during which this ordinance and the subject matter thereof was discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
PASSED and APPROVED ON FIRST READING this the 10 day of October, A. D.,
2011.
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TOM REID
MAYOR
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,��r/}►�if
ORDINANCE NO. 1456
PASSED and APPROVED ON SECOND AND FINAL READING this the 24 day of
October, A. D., 2011
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT 1
METES AND BOUNDS OF
FORT BEND COUNTY ASSISTANCE DISTRICT NO. 5
PT. Br=
BEGINNING at a point in the North County line of Ft. Band
County, 'rexas, the South county line of Harris County, :Texas,
and being in the 'West right -of -way line of the Missouri Pacific
Railroad right-of-way that lies Westerly of and adjacent to PI:M.
52111
TPSNCF. Southeasterly with said County line to the 'Easterly
right -of --way line of P.M. 521;
THENCE in a Southerly direction with the Easterly ra,qht-of-way
line of F,M, 521 approximately 13,300-feet to the North line of
the M. Escal8ra, Survey, Abstract 169;
THENCE Easterly with the North line of the m. Escalera survey to
the Northwest corner of the Golden Highway Property Subdivi
"HENCE Southerly with the West line to the Golden Highway
Property Subdivision to the North line of the Presno Dome
Addition;
THENCE Westerly with the North line of the Fresno r)ome Addition
to the Northwest corner of same;
THr XCF Southerly with the West line of the Fresno Dome Addition
to the North 'line of the Malvern, Out Lots;
THENCE Westerly with the North line of the malverr, Out Lots to
the Northwest corner of same;
THENCE Southerly with the West line of the Malvern Ovt LQ�s to
the South line of Willow Srreat.;
THFNCE Westerly with the South line, of Willow Street 520-feet to
a property 'line to the South;
THFNC8 Southerly with a property line approximately 11.2-feet to
the termination or
THF,NCP, Southerly approximately 130-feet parallel to the Fast
line of F,M, 521 approximately 400-feet to a property line to
the South;
C
Page '3'wo
VBCAD #F5
THFNCE Southerly with said property line to the North line of
Dallas Street of the Fresno as recorded in Slide Nn. 00021A of
the Fort Bend County Map Recordsr
TY Westerly with the North line of Dallas Street to the East
line of Cleveland Avenue;
'SHmn Southerly with the Fast line of Cleveland Street to the
South line of Palmetto Street,
'.PHr,NCE
Westerly with
the South
line of Palmetto Street
to the
common
rear line of
Lots 403
and 424 of Magnolia Place and
Fresno
as recorded in
Slide No.
00023,73 of the Fort (send
County
Map Records;
, XtJFXCE
Southerly with
the connon rear lot lines extended
to the
North
line of, Tasrline
Street;
THENCE Easterly with the North line of Tasmine Street to the
centerline of Mustang Payou;
TRtNCE Southwesterly with the centerline of Mustang Bayou to the
Easterly right -of -way line of F,M, 521;
THENCE southerly with the Casterly right; -of -way line of F,M. 527.
to a property line approximately 190 -Seat. South of Palm Street;
'J'HFNCE Easterly with said property line approximately 305 -feet
to a property li..ne heading Sout.horly;
THENCE Southerly with said property line approx:4mate'ly 600 -faet
to a property line heading westerly;
i
THVNCE Westerly with said properrty line approximately 145 -feet �
to a property line heading Southerly;
THBNCE Southerly with said property line to the North line of
sycamore streets
TSIENCE Westerly with the North line of Sycamore Street to the
Easterly right-of-way lane of F.N. 521;
gage Three
F ICATJ 05
THENCE Southerly with the Tsast.erly right -of: -way .line of F,VL $21
to the South property Line of the Arcola Fresno Cemetety7
THENCE Fassterly with the South line of the Arcola Fresno.
Cemetery to the Fast line of Maribill Estates;
TIMMCk, ;Southerly with the Fast .line of Maribill Estates to the
South :Line of T,adonia Avenue;
THENCE: Southeasterly with the South line of Ladonia Avenue to
the West line of Teague Street;
TIHENCF Soa.tberly with the West Line of Teague Street to the
North line of Fresno Televi.ew Terrace Subdivision;
THENcr. Wastsriy with the North line of Fresno Televi,ew Terrace
Subdivision to the Northwest corner of saixie;
THENCE Southerly with the West line of the Fresno Teleview
.
:Terrace. Subdivision to the Southwest corner of same; - i
i
TKENCE Easterly with the South limo of the Fresno Teleview
Tex.race Subdivision approximately 592 -Feet to a property line to
the 5out hr
THENCE. Southerly a'Ong said property lane to the South
approximately 750 -feet to a property line to the Fast;
THENCr Eaater.ly along auid property line to the Bast
approximately 250- °fset to a property line to the South;
TttR;PTCFx sout herly alonq said property line to the South to the
North line of Bost Road;
T'HENC�L, Westerly along the North line of Post lioad approximately
786 to a property lime to the North;
.
THENCE Nork:her:l.y along said property line to the North -
approximately 37.0 -feet, to a property line to the West;
THENCE Westerly along saa,d pxoperty to the West to the Fra.st.er y
right-- of-way line of F.M. 521;
Page Four
VBCAD #5
THENCE Southerly with the Easterly right-of-way line of P.M, 521
to the North line of Post Road;
THENCE Westerly with the extension Of the North line Of Post
Road across F.M. 521 to the West ri9hL-Of--Wa.y, line of the
Missouri Pacific Railroad right-of-way that lies Westerly of. and
adjacent to P-M, 521;
THENCE Northerly with the West right-of-way line of the Missouri
ftcifia Rallxoad right-of-way to the 1 OF BEGTNXING,
This document was prepared under 22 TAC 663.21, does not reflect
the reeul,ts of an on the ground survey, and is not to be used to
convey or establish interests in real property except those
i ' r g bts and interests implied or estal-,)Iished by the creation or
reconfiguration of the boundary of the Political subdivision for
which it was prepared.
DANNEN22�UM ZNGINEFRING CORPORATION
Consulting Engineers
9130-87 (revised)
August 29, 201.1
i