Ord. 0741-05 05-09-05 CodifyORDINANCE NO. 741-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 27-4(B)(3), of Chapter 27, Subdivisions, of the City of
Pearland Code of Ordinances, is hereby amended to read as follows:
"(3)
Sidewalks shall be required in all subdivisions, commercial or
residential, as set forth in the following performance standards.
Sidewalks shall be installed prior to the issuance of a certificate of
occupancy for a building or residence constructed upon a platted
lot.
a) On the subdivision side of all arterial streets adjacent to the
subdivision; and
b) The commission shall determine sidewalk locations in all
commercial, industrial, public and multi -family areas; and
c) On any side of a minor street that abuts residential property,
except within subdivisions that utilize open ditches for the
drainage of storm water.
d) Specifications for sidewalks: Sidewalks shall be constructed
in accordance with specifications established therefore by
the city and on file with the planning department."
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding
Five Hundred Dollars ($500.00).
Section 3. Declaration of Emergency. The Council finds and determines that
the need to promote orderly development in the City and its Extraterritorial Jurisdiction
ORDINANCE NO. 741-5
inures to the benefit of the public and, therefore, bears directly upon the health, safety
and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency
measure, and that the rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption and
penalty, in the official city newspaper.
2
ORDINANCE NO. 741-5
PASSED and APPROVED on First and Only Reading this the 9th day of May ,
A.D., 2005.
ATTEST:
UNG I iG
Y SRETARY
APPROVED AS TO FORM
ceL_
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
MAY 9, 2005
Voting "Aye" - Councilmembers Tetens, Owens, Viktorin,
Marcott, and Cole.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: May 18, 2005
EFFECTIVE DATE: May 28, 2005
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
Orc.•1LHs
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published.
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for 1 issues, as follows:
No. / Date %G /C) 20 05
gn
No Date 20
No. Date 20
No. Date 20
No. Date 20
Spbscribe and sworn to before me this
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 18, 2005
ORDINANCE NO, 741-5
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING
CHAPTER 27, SUBDIVI-
SIONS, OF THE CITY OF
PEARLAND CODE OF
ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME
TO TIME, AMENDED, FOR
THE PURPOSE OF PRO-
MOTING ORDERLY
DEVELOPMENT IN THE
CITY AND ITS EXTRATER-
RITORIAL JURISDICTION;
PROVIDING A PENALTY
FOR VIOLATION; CON-
TAINING A SAVINGS
CLAUSE, A SEVERABILI-
TY CLAUSE, AND A
REPEALER CLAUSE;
PROVIDING FOR CODIFI-
CATION AND AN EFFEC-
TIVE DATE.
Section 2. Penalty. Any
person who shall violate the
provisions of this section
shall be deemed guilty of a
misdemeanor and shall,
upon conviction by a court
of competent jurisdiction, be
punished by a fine in any
sum not exceeding Five
Hundred Dollars ($500.00).
PASSED and APPROVED
ON FIRST AND ONLY
READING this the 9th
day of May, A.D. 2005.
s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD FIRST
AND ONLY READING
MAY 9.2005
Voting "Aye" - Councilmem-
bers Cole, Marcott, Viktorin,
Owens and Tetens.
Voting "No" - None
Motion passes 5 to 0
PUBLICATION DATE:
MAY 18, 2005
EFFECTIVE DATE:
MAY 28, 2005
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS.
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