HomeMy WebLinkAboutOrdinance No. 168 ORDINANCE NO. 168
AN ORDINANCE OF THE CITY OF FRIENDSWOOD,
TEXAS, MAKING CERTAIN FINDINGS; SETTING
FORTH A PETITION FOR ANNEXATION OF CERTAIN
TERRITORY; SETTING FORTH THE RESULTS OF A
PUBLIC HEARING; EXTENDING THE CITY LIMITS
OF THE CITY OF FRIENDSWOOD, TEXAS, TO IN-
CLUDE ALL LANDS AND AREA WITHIN CERTAIN
LIMITS AND BOUNDA RIES AND ANNEXING TO THE
CITY OF FRIENDSWOOD ALL OF THE AREA WITHIN
SUCH LIMITS AND BOUNDARIES; PROVIDING THE
PASSAGE OF THIS ORDINANCE SHALL NOT IMPAIR
OR AFFECT ANY OTHER ANNEXATION ORDINANCE
WHETHER PASSED ON ONE OR MORE READINGS AND
NOT YET PASSED ON FINAL READING; PROVIDING
A SAVING AND SEVERABILITY CLAUSE.
WHEREAS, a petition for annexation was presented to
the Mayor and City Council of the City of Friendswood,
Texas, on the 8th day of February, 1972 ; and,
WHEREAS, a public notice was given for publication in
the Friendswood News, which was printed in Volume III, Issue
11, dated Thursday, March 16, 1972, entitled "Legal Notice",
the original of such signed notice being in the office of
the City Secretary of the City of Friendswood, Texas; and,
WHEREAS, the following affidavit evidencing the pub-
lication of said notice is made a pa rt of this Ordinance
along with the attached copy of the resolution and petition
for annexation of the Friendswood Independent School District
Board of Trustees :
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RESOLUTION OI' 'I'HE BO�FJ OF TRUSTEES OF THE _
FRIENDS��TOOD IDIDEPELIDENT SCHOOI� llISTRICT '
GALVEST�N COUNTY, TEXAS AUTHORIZIi�;G A PET�- ' .
TIO�T TO BE SUBMITTED TO THE T�1YOR AiTD CIT�I -
COUNCIL OF THE CITY OF FRIENDSG700D, GALVES- ,
TON COUN'i'Y, TEX,�S REQUESTING AATNEXATTON O�'
CERTAIN PP.OPERTY LYING WITHIN G�LVESTOt�T �
COUNTY CON5ISTING OF PROPERTY Oi�7N�D BY THE t
SCHOOL DISTRICT WHICH IS CON`TIGUOUS AiVD '
ADJACENT TO THE CITY OF FRIENDSWO�D; SET-
TILLTG FORTH THE CONTENTS OF THE PETITION > � •
AND LEGAL DESCRIPTION OF THE PP,OPERTY;
. �UiHORIZING THE PR.ESIDENT OF THE BOARD OF
TP.USTEES OF TH� FRZENDSG�TOOD INDEPENDEI��T .
SCHOOL DISTRICT TO EXECUTE THE PETITIOI�T AS
" TI� ACT AND DEED OF ^1HE FRIE�V�SWOOD INDE-
PENDENT SCHOOL DISTRICT; DIRECTTriG THE PET-
I'�'TO� AND A CERTIFIED COPY OF THIS RESO-
LUTIOi� BE DELIVERED TO THE MAYOR AND COU��-
CIL OF THE CIT�' OF FRIENDSWOOD, TEYAS FOR
ACTION THEREBY.
WHEREAS, the Board of Trustees of the Friendswood Indepen-
dent 5chool District, Galveston County, Texas, met in regular
� ses�ion at its usual meeting place in the City of Friends�,�ood,
Texas and there came on td be considered'; among other matters,
the question of �,vhether or no� the Friendswood Independenz Scht�ol
District should req�.zest by petition to the T•Zayor and Council of
the City of Friendswood, Texas, annexation by the City of Frzends-
wood og c�rtain real property owned by the Friendsc�oad Irzdep�ndent �
Schoal District (said property being hereinafter descri'r�ed k�y ,
me-tes and bounda) ; and,
ti�1HERE�S, the annel�ation by the City of Friends�,�rood of such
property wnul� facilitate the extension of Friend:�t,rood ' s Police
jurisdiction and other city services to the ,said property a11 of
�>>'nich is contiguous an�. adjacent to the City of Fr?�nds�,rood; now
the�eiore,
� BE IT RESOLVED �Y THE BQ?�RD OF TRUSTEES OF 1HE FR3E�•�S-
� ��700D IiVTDEPEI�IDENT SCHOOL DISTRICT OF GALv-ESTON COUI�ITY,
TEXAS, DULY aSSEMt3.T�ED:
� I.
That a pet�ition oz the Board of Truszees of the �riend�wood
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Independent School District of Galveston County, Texas, be submit-
ted �o the Honorable Nlayor and City Council of the City of Fr?ends-
f
wood, Texas as follows:
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THE STATE OF TEXAS �
§
COUNTY OF GALVESTON §
PETITION FOR ANNEXATION
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TO THE HON�RaBLE MAYOR AND CITY COUNCIL
OF THE CITY OF FRIENDSWOOD, TEXAS:
WE, the Board of Trustees of the Friendswood Independent
�
Schoal District, being the governing body of said school district
" hereby declare that th2 hereinafter described property is owned
by the district;
That the property is vacant and without residents and is
contiguous and adjacent to the corporate limits of Fri�ndswood
and less than one-half (1/2) mile in width;
That, pursuant to Article 974g, Vernon ' s Texas Civi1 Statutes, -
we petition the Mayor and City Council of the City of Friendswood �
� as the governing body of said city to annex the following �tract of
- l�and �o the city as a part of said city, by proper Ordinance, said
tract lying ar.d being situated wholly in Galvesto;� Count�, Texas:
"A part of Lots 1, 2, 3 and 4 in Block "H" Central
Park, a Subdivision in the Sarah McKissick or J,R.
Williams League, Gaives�on County, Texas, accord-
ing to map thereof recorded in Vol. 105 , Page��^151,
� in the office of the County Clerk of Galveston
County, Texas and bas�d on a surve� by C.C, T�lash--
ington, former Galvestan County Surveyor, in 1937
of said Blo�k "H" , and being more fully described
by metes and bounds as rollows.
COM!'�iENCING at the East corner oi. Lot 2 , Block "H"
of Central Park, a Subdivision in the Sarah ivicKis-
sick or JaR, LVilliams League, Galveston County,
Texas, said commcncing point, for the purposes af
this description being the intersection point of
the Sou"thwest right-of-u�ay line of a Northwes�c-
e Southeast 40 foot road with �the I�Torthv��est right-
' of-way line of a Vortheast-Southwest �0 foot road,
said raads being shown on the plat of said Cen-cral
Park, rec�rded in the Offi,ce of the County Clerk
of Galveston County, Texas, in Volume 105 , Pag� ISIo
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THEI�:C�, South 45° 00 min. West, along the
Northwest Right-of way line of said NE-SW
4o foot road and along the Southeast line
o�' said Lot 2, a distance of 10 feet to a .
1-1/2 inch iron pipe for the beginning point
of the tract herein described;
THENCE, from said beginning point, continu-�-
ing South 45° OO min. West along the North-
west right-of-way line of said NE-S��T 40 foot
road and along the 5outheast. line of said
Lot 2 and of Lot 4 of the same Bloc',� °H" , at
, 96�.25 feet, passing the South corner of said
Lo�t 2 which is the East corner of said Lot 4,
and continuing for a total distance� of 168�.9
- feet to a one inch pipe set at a fence corner;
,��'� ��'� t 2
THEVCE North i�° �:.� min. � sec. West, along
a fence 1ine, at 862 .6 feet crossing the eoin-
mon line of Lots 4 and 3 of said B1ock °H" ,
said line being the Nort'ncvest line �f said
Lot 4 ar_d the Southeast line of said Lot 3,
and continuing for a total distance of 1067 .5
feet to a one inch pipe for corner.
THENCE North 45° 00 min. East, parallel to the
� Southeast line of Lots 3 and 1 of said Block �
"H" , at 721.45 feet, crossing the comrnon line
of said Lots 3 and l, said l�ine being tha P7orth-
�, east line of said Lot 3 and the Southwest line
of said Lot 1 •and continuing far a total dis-
• tance of 1686.7 feet to a one inch pipe: for
corner;
THENCE South 45°, 00 min. East, 10 fee-t perpen-
dicularly distant Sou-t'nwest from and parallel
to the Northeast line of said Lots 1 and 2 , and
along the Southw�st line of what is now a 60 foot
road, a-t 204. 9 feet, c-rossing the sautheast line
of said Lot 1 and the Northza�st line of said ,Lot
2 , and continuing for a total distance of 1067 .5
feet to the place of beginning and containing
41 . 558 acres, more or less, and b�ing al1 out or
Block "H" of said Central Pari�. "
WTTNESS THE KAND of the President of the Board of Trustees
of the Friendswood Inc�ependent School District, Galves-ton County,
Texas, this 8th day of Feb���ary y 197�.
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H. K. SPECK, ��esident, �,
Board of Trustees, Friends«ood
Ind�pendent Schaol Dist�ict
�TEST: �
;. ,� ,r'��7l f �� �:% .�,L'L(i'JL`- 'i.�. . .
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� ;'J .A. G�rmany, Secr�ta� ,
� Board of Trustee�, Fr�.endszaood
�``� Independent School District
THE �TATE OF TEY.AS §
§ �
COUNTY OF GALVESTON § <
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B�FORE ME, the undersigned authority, a Notary Public in
and for Galveston County, Texas, appsared this 8th day of �
February , 197�, H. K. SPECK, President of the Board of
Trustees of the Friends�,�ood Independent School District, Galves-
t�n Coun�.y, Texas, being the person and official whose name is
subscribed to the foregoing instrument and he acknowledged to me
that he e�?cuted the same for th� purposes and consideration
ther�in expressed, in the capacity therein stated, as the act
and dezd of thz Board of Trustees of the Friends�ood Independent
School District, by Resolution duly adopted.
��� ../ a'� 1 - "
Notary Pub �ic ni and for
Galveston County, Texas
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e
xz.
That the President of the Board of Trus�ees of the �riends—
wood Independent School District, H.K. Speck, is hereby authorized
and directed to execute said petition as the act and deed of said
, t
Boa.rd of Trusfiees and the Secretary, J.A. Germany shalZ attest
trereto.
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� TIT.
_ T�zat tne Petition and a certified copy of this Resnlution
be forthtiaith delivered to the Mayor and City Council of tl�� City
of Fri�ndswood, Texas for action thereby.
PASSED, �PpROVED AND ADOPTED by the Board of Trustees of the
F�iendswood Tndependent School District, Galveston County, Te�as,
duly asse�-�ibled this $�� day of Feb�^taat^�y� �, Ig��.
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,
_ H. K. SPECK, P esident,
Board of Trustees; Friendswaod
Independeni. School District
_ ATTEST: � .
_ - ,`�� �/,7 /��� ;. � . � � �
. � `J fi� r ��.,:'Jt'i���/�LLr� -
.�'1:�i,Z.-' .�
`� ;.J. �A. GEF�MANY, Secret��cy,
% % �oard oi Trustees, FLiendswoad �
'-- � Trl.dep�nder.t Schooi District
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CERT.IFICA:.�' � y
STATE OF rLhAS § ,
§ �
COUNTY C?F GALCIESTON § .
I, J. A. GERMANY, Secretary of the Board of Trustees of the �
c
FriQndszvood IndQp�ndent School District, Galveston County, Texas,
do hereby cer�ify that the above and foregoing is a true and cor-
rec-� �copy of a Resolution of the Board of Trustees of the Frienc�s-
wood Independ�nt School District duly adopted on the 8th day of
Februar�r ,197�, and duly enrolled and made a p�rt of the .
minutes of the meeting held on that date. 1 fur�her certify �that
the Resolution so adopted has not been altered, amended or revoked.
In �litness t,vhereof I have hereunto set my hand as Secretary
of the Board of Trustees of the Friendswoad Independ�nt School
, � District this 8th day of February , �97�.
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. {/, /``��, /�!��'��Z�-G�.:����,
• /� J: A. GERNIANY, Secret ry,
Board of Trustees, F�endswood
Independent School District
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AND WHEREAS, on the 30th day of March, 1972 , at 7: 30
p.m. in the City Hall of the City of Friendswood, Texas,
a public hearing was duly held, according to the published
notice, affording the opportunity for interested persons
to appear before City Council of Friendswood, Texas, to
present evidence in regard to the feasibility and practi-
cability of the annexation of such territory to the City,
and,
WHEREAS, the hearing was completed and every person
who desired to be heard was given a full opportunity to
present evidence on the advantages or disadvantages of
such annexation; and,
WHEREAS, the Corporation Counsel of the City of
Friendswood, Texas, has been directed to prepare the
necessary Ordinance to complete the annexation proceed-
ings, now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD, STATE OF TEXAS:
Section l. That the boundaries and limits of the
City of Friendswood are hereby extended so as to embrace
and include the following described area of land, and the
following described area of land is hereby annexed to and
made a part of the City of Friendswood, to-wit:
°A part of Lots l, 2, 3 and 4 in Block "H" Central
Park, a Subdivision in the Sarah McKissick or J.R.
ti�Tilliams League, Galveston. County, Tex�s, accord-
ing to map thereof recorded in. Vol. 105 , Page��^15i;
in the office of the Coun�y Clerk of Galveston .
County, Texas and based on a survey by C.C. Wash-
ington, forme-r Galveston. Cou�ty Surveyor, in 1937
of said Block "H" , ar�d being more fully described
by_ metes and bounds as follows:
COMMENCING at the East corner of. Lot 2, B1ock "H"
of Central Park, a Subdivision in the Sarah McKis-
� sick or J.R. Williams League, Galveston County,
Texas, said comm�ncing point, for the pur�oses of
this description being the intersection point of
the Southwest right-of-way line of a Northwesi-
Southeast 40 foot road wi-th the Northwes�t ri.ght-
of-way line of a �Tortheast-Southtires�t 40 foot road,
said roads b�ing shown on th� plat of said Central
Par7:, recorded in the Offi,ce of the County Clerk
of Galveston County, Texas, in Volume 105 , Page 151.
THEI�CE, South 45° OO min. West, along the
Northw°5t Right-of way line of sa�d NE-ST��l ,
40 foo-t road and along the Southeast line
of said Lot 2, a distance of 10 feet �o a -
1-1/2 inch iron pipe for the beginning point
of the tract herein described;
THENCE, from said beginnir_g point, continu-�'-
ing South 45° 00 min, West along the Narth-
west right--of-way line of said NE-Sti�T 40 foot .
road and along the South�ast, line of said
Lot 2 and of Lot 4 of -t'ne same Biock "I�." , at
96�.25 feet, passing the South corner of said
Lot 2 which is the East corner of said Lo-t 4,
and continuing for a total distance� of 168a.9
fee�c to a one inch pipe se-t at a fer_ce corne:c;
,�z� �� l�. -
Ti-3ENCE �'forth �-�° � min. €� sec. West, alnng
a fence line, at 862,6 feet crossir_g the com-
mon line of Lots 4 and 3 oF said Block °H" ,
said line being the Nor-thwes-t line of said
Lot 4 and the Southeast line of said Lot 3,
and continuing for a total distance of 1067.5 -
feet to a one inch pipe for co.�ner.
THENCE North 45° 00 min. East, paral?el to the
Southeast line of Lots 3 and 1 of said Bloc3c
"H" , at 721.45 feet, crossing ihe common line
of said Lots 3 and 1, said l�?ne being the �lorth-
east line of said Lot 3 and the Southwest line
of said Loi 1 •and continuing for a to�al dis-
tance of 1686.7 fee-c to a one inch pipe. for
corner;
THENCE South 45 °, 00 min. East, 10 fee�� perp�n-
dicularly distant Sou�chwest from and parallel
to the Northeast line of said Lots 1 and 2 , and
along the Southwest line of what is now a 60 foc�t
road, at 204.9 feet, crossing the southeast lixze
of said Loz 1 and the Northw�s�` line of sazd ,I,,��
2 , and continuing for a tozal distance �f 1007 .5
feet to �the place of beginning and corltaining
41.558 acres, more or less, and b�ing all out of�
Block "H" of said Central Pa-rk. "
Section 2 . This Ordinance shall not repeal, impair,
modify or in any wise affect any ordinance annexing terri-
tory to the City of Friendswood , or any other ordinance
heretofore passed on one or more readings and not yet
passed on final reading annexing any territory to the City
of Friendswood, but such other ordinance or ordinances
shall remain and continue to be effective to their intent
and purpose as therein stated, wholly unaffected in any
way or manner by the passage of this Ordinance. This
Ordinance shall not in any wise be impaired or affected
by any other ordinance heretofore introduced or passed on
any reading, whether final or not; nor shall it be affect-
ed by any other ordinance which may thereafter be intro-
duced or passed on one or more readings, pending the
final passage of this Ordinance; and this Ordinance shall
be effective to its intent and purpose as hereinabove
stated, wholly unaffected by any other annexation ordinance
introduced and passed or hereafter introduced and passed
on any reading, whether final or not final, annexing
territory to the City of Friendswood, and wholly unaffect-
ed by any ordinance heretofore or hereafter passed calling
a hearing and giving notice relative to the institution
of any annexation proceeding. The procedure initiated
hereby and the annexation proceedings instituted hereunder
shall be independent of any other proposed and pending
annexation of such territory and such other proceedings
shall not be affected hereby.
Section 3. If any section, or part of this Ordinance,
shall be held unconstitutional, illegal or invalid, or
the application thereof ineffective or inapplicable as to
any territory, such unconstitutionality, illegality, in-
validity, or ineffectiveness of such section or part shall
in no wise affect, impair or invalidate the remaining por-
tion or portions thereof, 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 Friendswood, such ineffectiveness of this
Ordinance as to any such part or parts, of any such area
shall not affect the effectiveness as to all of the re-
mainder of such area, and the City Council hereby declares
it to be its purpose to annex to the City of Friendswood
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.
Provided further, that if there is included in the gene-
ral description of territory set out in Section 1 of this
Ordinance to be hereby annexed to the City of Friendswood
any lands or area which are already a part of and includ-
ed within the general limits of the City of Friendswood,
or which are presently part of and included in the limits
of any other city, town or village, or which are not with-
in the City of Friendswood jurisdiction to annex, the same
is hereby excluded and excepted from the territory to be
annexed hereby as fully as if such excluded and excepted
area were especially and specifically described herein.
FIRST READING TAKEN THIS 6th DAY OF Apri 1 , 1972 .
SECOND READING TAKEN THIS 20th DAY � Ap►">> , 1972 .
PASSED, APPROVED AND FINALLY ADOPTED THIS 4th DAY OF
May , 197 2 .
(- Gr'"
Mayor
City of Friendswood, Texas
��' � .'� � C... �
, � .:.' �
Attest: City Secretary
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