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Ord. 0437 2-08-82DEED( VOL1627 PACE172 ORDINANCE NO, 437 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, SAIIJ 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 PUBLI- CATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, 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, on the llth day of January, 1982, which date was not more than twenty (20) days nor less than ten (10) 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 prop- erty and territory described in Section 1 of this ordinance, and an opportunity to review and inspect the municipal service plan pro- posed for the area to be annexed; and WHEREAS, a general public hearing within the area to be annexed was further held before the City Council of the City of Pearland, in the Carleston Elementary School at 15030 Harkey Road, Brazoria County, Texas, (a facility within the area to be annexed) on the 18th day of January, 1982, which date was not more than twenty (20) days nor less than ten (10) days prior to the institution of annexation pro- ceedings, at which meeting all interested persons were provided an additional opportunity to be heard on the proposed annexation of the territory described in Section 1 of this ordinance, and an opportuni- ty to review and inspect the minicipal service plan proposed for the EE0<.: voi1627 Mcr1.73 area to be annexed; and WHEREAS, notice of the aforementioned public hearings were published in the official newspaper of the City of Pearland and having general circulation within said City, and in the hereinafter described territory on the 31st day of December , 1981, 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 jurisdictionof the City of Pearland, Texas, solely; and WHEREAS, the hereinafter described territory lies adjacent 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 contains approxi- mately 148.786 acres of land; 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 bound- ary 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: 2 ." riEEot` . V011627 PAGE 174 BEGINNING at a point in the north line of F.M. 518 which bears N 89 deg. 57' 30" E a distance of 415.16 feet from a concrete nnnument at the intersection of the north line of F.M. 518 and the east line of County Road 555 (Hatfield Road); THENCE S 00 deg. 00' 50" E along the existing city limits line and the west line of Comity Road 387 (Hatfield Road), a distance of 1765.00 feet to a point, said point also being in the south line of Lot 18 of Figland Orchard Subdivision; THENCE 5 89 deg. 49' 51" W along the south line of said Lot 18 a distance of 630.74 feet to a 3/4 inch iron pipe at the southwest corner of said Lot 18; THENCE N 00 deg. 06' 47" W along the west line of Lots 18, 15, and 14 of Figland Orchard Subdivision, a distance of 1029.00 feet to a 1/2 inch iron rod at the northeast corner of Buena Vida Subdivision; THING S 89 deg. 48' 39" W along the northtine of said Buena Vida Subdivision, a distance of 690.24 feet to a point in the west line of County Road 555 (Wagon Trail Rd.); THENCE N 00 deg. 09' 35" W along the west line of County Road 555 (Wagon Trail Rd.), a distance of 282.52 feet to a point, said point also being the southeast corner of the Johnston Subdivision; THENCE N 89 deg. 15' 21" W along the south line of said Johnston Subdivision, a distance of 1317.06 feet to a point in the west line of County Road 103 (Harkey Rd.); THENCE S 00 deg. 00' 55" W along the west line of County Road 103 (Harkey Rd.), a distance of 2218.45 feet to an iron rod at the intersection of the west line of County Road 103 (Harkey Rd.) and the north line of Count Road 91; THENCE S 89 deg. 58' 30" W along the north line of County Road 91, a distance of 1290.00 feet to point in the centerline of a drain- age ditch; THENCE N 00 deg. 00' 55" E along the centerline of said ditch, also being the west line of the east one-half of the northeast one- fourth of Section 15, H.T. 6.8. R.R. Co. Survey, Abstract 241, a distance of 2656.58 feet to a point in the north line of F.M. 518; THENCE N 89 deg. 57' 30" E along the north line of F.M. 518, a distance of 1370.56 feet to a 1 inch iron pipe at the intersection of the north line of F.M. 518 and the west line of County Road 103 (O'Day Rd.); • THENCE N 00 deg. 22' 30" W along the west line of Co my Road 103 (O'Day Rd.) a distance of 384.43 feet to a point; THENCE N 89 deg. 36' 04" E along of the Allison Richey Gulf Coast R. B. Lyle Survey, Abstract 544, point in the east line of County the north line of Lots 52 and 53 Home Co. Subdivision of Section 6, a distance of 2144.23 feet to a Road 555 (Hatfield Rd.); THENCE S 00 deg. 24' 05" E along the east line of County Road 555 (Hatfield Rd.) a distance of 397.71 feet to a concrete morniment at the intersection of the east line of County Road 555 (Hatfield Rd.) and the north line of F.M. 518; MICE N 89 deg. 57' 30" E along the north line of F.M. 518, a distance of 415.16 feet to the PLACE OF BEGINNING. This tract contains 148.786 acres of land, more or less. 3 .4:.0:EEO ;_• : VOL 1627 PACE 175 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", and 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 prorate part of the taxes levied by the City of Pearland, Texas, and any future inhabitants 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 otherwise 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 unconstitution- ality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate 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 ineffective- ness 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 4 0EE04:` voz1627 faa176 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 ,p A.D. 1982. ATTEST: -amity Secretar .DOROL. COOK day of Mayor, City of Pearland, Texas TOM REID PASSED AND APPROVED upon Second reading by the City Council of the City of Pearland, Texas this ,a day of s1/41,tiA A.D. 1982. ATTEST: ity Secre e)61. aid DORGTHY L. COOK APPROVED AS TO FORM: City -orney OBBY J. WILLIAMS Mayor, City of Pearland, Texas TOM REID 5 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. The normal distribution of Police patrol vehicles should result in a response time of approximately five minutes. FIRE PROTECTION Fire protection will be provided by the Pearland Volunteer Fire Department primarily from the McLean Road fire station located in the 2800 block of McLean Road adjacent to the Corrigan South Subdivision. Response time from this station to any point in the area to be annexed should be approximately five minutes. SOLID WASTE COLLECTION The City of Pearland will provide solid waste collection the same as they currently provide in the present corporate limits. Residential garbage pickup will consist of twice a week pickup on Tuesdays and Fridays and special trash pickup every other Wednesday. Special hauling to the landfill by the residential w....3. ,_�....... 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. VOLUNTEER EMERGENCY MEDICAL SERVICES Emergency medical service protectionwill be provided to the area to be annexed by the Pearland EMS as it is currently provided. Response time to the area being annexed would be approximately 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. -z- CAPTIAL 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. ULE L.. vdi1627 PAcU1$0 N n • r r- m 0 a 0 0 s 0 LSfiii0:44ir nomimi 44!!SUIU,MMOI FILED FOR RECORD TESSO'CLOCK_C— MAR 41982 H. R. STEVENS��,co R zns 1 :LEIIJ(.Gog1TYC T Dn ncPUTY ATTACHMENT B TO EXHIBIT "A" ORDINANCE NO. 437 r — r If r, cm l I