Ord. 1222 07-11-05ORDINANCE NO. 1222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME
AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE
ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
WHEREAS, the City of Pearland ("City") and Brazoria County Municipal District
No. 5 entered into Strategic Partnership Agreement providing for the annexation of
BCMUD No. 5 into the incorporated limits of the City on December 31, 2005; and
WHEREAS, in order to provide the efficient regulation of land use for all property
located in the City, the City desires to zone the property located within the boundaries
of BCMUD No. 5 immediately following its annexation into the City; and
WHEREAS, due to the large number of individual tracts located in BCMUD No.
5, the City appreciates and understands the challenges presented in providing
adequate notice of the City's intent to zone the property using standard notice
protocol; and
WHEREAS, Section 21 1.007 (d) of the Texas Local Government Code provides
that the governing body of a home -rule municipality may, by a two-thirds vote,
prescribe the type of notice to be given of the time and place of a public hearing held
jointly by the governing body and the zoning commission; and
WHEREAS, in effort to provide adequate notice of the City's intent to zone the
property located within the boundaries of BCMUD No. 5, the City intends to utilize the
alternate notice procedures provided for in Section 21 1.007 (d); now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ORDINANCE NO. 1222
Section 1. In accordance with Section 211.007 (d) of the Texas Local
Government Code, City Council of the City of Pearland hereby adopts an alternative
form of notice to be given of the time and place of the joint public hearing of the City
Council and the Planning and Zoning Commission for the zoning of property located in
BCMUD No.5;
Section 2. That the legal notice establishing the time and place of the joint public
hearing for the zoning of the property located within BCMUD No. 5 shall be satisfied
by publication of such notice in the Pear/and Reporter News before the 10th day before
the hearing date for said joint public hearing.
Section 3. 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 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
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ORDINANCE NO. 1222
PASSED and APPROVED ON FIRST READING this the 27th day of
June , A.D., 2005.
,i„fr,l-„
TOM REID
MAYOR
ATTEST:
UNG •'� r c, T
Y S•�%�'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the llth day of
July , A. D., 2005.
ATTEST:
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ORDINANCE NO. 1222
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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