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HomeMy WebLinkAboutOrdinance No. 87-29 ORDINANCE N0 . 87-29 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF FRIENDSWOOD , TEXAS , TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF FRIENDSWOOD ALL OF THE AREA WITHIN SOCH LIMITS AP�D BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; AND PROVIDING A SAVING AND SEVERABILITY CLAUSE . � * � � � � � * � � � WHEREAS , the City Council of the City of Friendswood , Texas , has , following due notice and publication and in accordance with the requirements of Article 970a, V. A .T . S . , conducted two ( 2) public hearings regardin� the City ' s intended annexation of certain land and properties ; and WHEREAS , each of said publie hearings were held in aecordance with the requirements of Article 970a , V . A .T . S . , the first said hearing being conducted before the City Couneil on September 28 , 1987 , at 7 : 00 o 'eloek p .m. , and the second on Oetober 5 , 1987 , at 7 : 00 o ' clock p .m. , eaeh such hearing being held at the Friendswood City Hall , 109 Willowiek Avenue , Friendswood , Texas ; and WHEREAS , the City of Friendswood has , in accordanee with Article 970a, V.A.T .S . , complied with all procedural requirements regarding the annexation of territory, ineluding the preparation of a plan for extension of municipal services into the area annexed to the City; and WHEREAS , the City intends to fulfill those obligations imposed upon it by State law regarding newly annexed areas , including timely provision of municipal services as required by law; and WHEREAS , the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Friendswood and benefits the health , safety , and welfare of the citizens of said City; now , therefore , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , STATE OF TEXAS: 1 STATE OF � TEXAS: Seetion 1 . That the boundaries and limits of the City of Friendswood are hereby extended to embrace and include the described area of land , and the following described land is hereby annexed to and made a part of the City of Friendswood , to- wit : All land and territory described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof . Seetion 2 . The plan for extension of municipal services into the area annexed to the City of Friendswood by the provisions of this Ordinanee is set forth in the "riunicipal Service Plan" attaehed hereto as Exhibit "C" and made a part hereof for all purposes . Sueh Municipal Service Plan is hereby approved . Section 3 . If any section or part of this Ordinanee be held unconstitutional , illegal or invalid , or the application thereof ineffective or inapplicable as to any territory, such uneonstitutionality, illegality, invalidity, or ineffectiveness of sueh section or part shall in no way affeet , impair or invalidate the remaining portion or portions hereof, but as to sueh remaining portion or portions , the same shall be and remain in full foree 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 ineffeetiveness of this Ordinanee as to any such part or parts of any such area shall not affect the effectiveness of this Ordinanee 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 Friendswood every part of the area described in Section 1 of this Ordinance , regardless of whether any other part of sueh described area is hereby effectively annexed to the City. Provided , further , that if there is ineluded in the general description of territory set out in Section 1 of this Ordinance any land or area which is already a part of and included within the general limits of the City of Friendswood , or which is presently part of and ineluded in the 2 limits of any other eity , town or village , or ��hich is not within the City of Friendswood ' s �urisdiction to annex , the same is hereby excluded and excepted from the territory to be annexed as fully as if sueh excluded and excepted area was specifically deseribed herein. PASSED AND APPROVED on first reading this 19�h day of October , 1987 . PASSED AND APPROVED on second reading this 2nd day of November , 1987 . PASSED AND APPROVED ON THIRD AND FINAL READING THIS lb�h DAY OF NOVEMBER , 1987 . � �� MAYOR RA PH L . LOWE ATT T : C � DELO IS MCKENZ E , C CITY SECRETAR APPROVED: d'- I Y ATTORNEY 3 ---- - - .. EXHIBIT "A" � � TRACT 1 �� Field Note Description of e Tract of land located North of Clear Creek in H�rris County, Texas, out of the John Dic!<inson Survey, Abstract 15, and being more par- ticularly described by metes and bounds • as followr. C0111114fiNCING: For Pvint-of-Reference at the point of Intersectlon of tl�e existiri� southerly right-of-way llne of F.M. 528 wlth the West line of the nugust tvr,itlock Survey� Abstract 793; THENCE: Northeasterly, alvng and wlth the existing southerly rigl�t-of-way line of F.M. 528, a distance of 1,000 feet more vr less, to a point; . THENCE: Southeasterly,�perpendIcular to the existIng soutf�erly rigt�t-of-way line of F.M. 528, a distance of 1,600 feet more or less, to a point for corrier; THENCE: Southwesterly, along a line that makes a defl�ction c�ngle of 54° rnore or less , to the right (westerly), a dlstance of 300 feet more or less, to ti�e Point-of- Beginning of the herein described tract; THENCE: Conttnuing along said course a distance of 1,305 feet more or less, to an inter- section wlth the southwesterlv llne of the CDC Houston, Inc, propertv line, a point for corner; � TH�NCE: Southeasterly, along and w(th satd CDC ��ouston, lnc. property line, a dlstance of 920 feet more or less� to a point for corner; THENCE: Southwesterly along and with sald CDC Houston, Inc. propert� lir�e and con- tinuing on a southwesterly projection to a point for intersection with tt�e northeasterly•rIght-of-way of Grisson Road, (Park Dr.); THENCE: Northwesterly, along a line wh�ch passes througl� tl�e cornrr�on poir�t for tt�e Thomas Choate Survey, Abstract 12; the John Dickinson Survey, Abstract 15; and the Sarah MeKissick Survey, Abstract 151; to Its intersection with a line which is parallel to and at all points 5,280 feet perpendicularly Nortti of tlie centerline of Clear Creek; THENCE: Northeasterly, parallel to and at all points 5,280 feet perpendicularlv North of the centerline o[ Clear Creek, to the Polnt of Beginning of the herelr� descrtbed tract. EXHIBIT "B" ' T R11C'I' 2 „ ,. Pield note description vf a tract o[ land lyin�; North o[ Clear Creek in llarris Countv, Texas, out of the John Dickinson Survey� Abstract 15 and being rnore particularly described by metes and bounds as follows: COMMENCING: For Potnt-o[-Reference at the intersection of the centerline of Clear Creek " with the common line between the Fred J. Heyne Tract arid ti�e J.O. �Vebb Tract; . THENCE: Northwesterly, along and with said common line between the Fred J. I�evne Trt�ct and the J.O. Webb Tract, a dlstance of 1,000 feet; THENCE: Southwesterly, perpend(cular to the common line between the Fred J. lievr�e Tract and the J.O. Webb Tract, a distance of approxiinately 2U0 (eet rnore or less, to the Point-of-Beginning of the herein described tract, snid point being � on a line between the aforementioned Point-of-Reference �nd the Point of � lntersection of the northwest llne of the Fred J. Heyne `I'rc�ct at�d the existing southwest rIght-of-way line of Park Drive; THENCE: Northtvesterl,y, along said line, tv the Polnt-of-Intersection of the north���est line of the Fred J. Heyne Tract and the existing southwest right-of--wt�v line of Park Drlve; THENCE: Northeasterly� along and with said northwest �line of the Fred J. Ilevne Trt�ct to the northerly most corner of the Fred J. lieyne 'I'►•nct, s�id poiiit being in tlie existing northeast right-of-way line of Park Drive; THENCE: Northwesterly, along a lIne whlch passes through the common point of the John DickInson Survey, Abstract 15; the Sarah �icf�I�sick Sur•vey, Abstract 151, and the Thomas Choate Survey, Abstract 12, to lts Point-of-lritersection witii an arc whlch has a radtus of 5,280 feet and the center of wl�ich is r�t the irite►•- , sectIon of the centerline of Clear Creek wlth the corninor� line between the Clty of League Clty and the City of Frfendswood wt�lcl� �vas establisl�ed by Ordinance No. 6, dated May 30, 1962; THENCE: Southwesterly, along said are to its Point-o[-lntersectior� �vitl� tl�e ceriterline of Clear Creek; THENCE: Southerly and easterly along and wtth the meanders of the centerline of Clear � Creek to Its Pofnt-of-Intersect{on wlth a line which is perpendicular to tt�e common line between the Fred T. Heyne Tract and tf�e J.O. �Vebb Tract and passes through a point on said common 1(ne 1,000 feet norti�erl,y of tf�e center- ltne of Clear Creek; ' THENCE: Northeasterly� along sald perpendicular line to the Point-of-Beginning of tt�e herein described tract. / cC ! �.� � � . , , - FM •528 area � . EXHIBIT "C" MUNICIPAL SERVICE PLAN The following is a summary of the municipal services which will be provided in the annexed area within ninety (90) days after the effective date of the annexation: Police Protection. The Friendswood Police Department will expand its patrol function to include the annexed area. On average, a vehicle will patrol the area three times every 24-hour period. The normal distribution of police partol vehicles should result in a response time of approximately four minutes. . Fire Protection. Fire protection will be provided primarily from Fire Station Number One located on South Friendswood Drive in Stevenson Park. Residents of the annexed area will be provided the same fire service that is being provided for all other resi- dents of the City. Solid Waste Collection. The City will provide solid waste collection equal to that being provided to all other areas of the City, either by private companies or by City-operated garbage collection service. Charges for these services will be the same as charged all other residents of the City. Maintenance of Water and Wastewater Facilities . The City will provide maintenance of water and wastewater facilities for the annexed area at the same rates that are now being provided for all other residents of the City. Charges for services provided by the Water and Sewer Department will be of the same rate as charged all other City residents and will be billed on a monthly basis. Maintenance of Roads and Streets. Al1 City roads and streets in the annexed area will be maintained by the City department of Public Works in accord- ance 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 Publicly Owned Facility, Building or Service. No public facilities of this nature exist in the annexed area. Library Facilities. Residents of the annexed area will be provided library service at the City of Friendswood Library located at Morningside and Spreading Oaks on the same basis as is provided all other City residents . CAPITAL IMPROVEMENTS PLAN No capital improvements are planned for the annexed area for the reason that none are necessary to extend municipal services to such area. Any utilities extensions required will be extended on the same basis as are extended in the other areas of the City.