Ord. 0669-3 09-03-03ORDINANCE NO. 669-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 26, STREETS AND SIDEWALKS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO AMEND SECTION 26-3, ENTITLED
OBSTRUCTION, ETC., OF DRAINAGE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE, AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE HEALTH AND
SANITATION INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 26, Streets and Sidewalks, of the City of Pearland Code
of Ordinances, is hereby amended to AMEND Section 26-3, entitled Obstruction, Etc., of
Drainage, to read as follows:
"26-3. Obstruction, etc., of drainage.
It shall be unlawful for any person to obstruct, close up or fill any street gutter or public
drainageway of any kind, including without limitation drainage easements on public and
private property, for any purpose."
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. 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.
ORDINANCE NO. 669-3
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. 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 6. 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.
Section 7. Emergency. The Council finds and determines that the need to
regulate the obstruction of drainage 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.
PASSED and APPROVED on First and Only Reading this the 8th day of
September , A.D., 2003.
TOM REID
MAYOR
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ORDINANCE NO. 669-3
ATTEST:
APPROVED AS TO FORM:
DAR IN M. COKER
CITY ATTORNEY
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