Ord. 0979 07-31-00ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ADDING SECTION 30-103 TO CHAPTER 30 OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROVIDING
FOR THE RECONCILIATION OF THE TERMS OF A STRATEGIC
PARTNERSHIP AGREEMENT AND RELATED AGREEMENT WITH
THE DEVELOPERS OF PROPERTY WITHIN THE CITY'S EXTRA-
TERRITORIAL JURISDICTION WITH THE CITY CODE AND RELATED
DEVELOPMENT REGULATIONS; MAKING CERTAIN FINDINGS
RELATED THERETO; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE AND FOR CODIFICATION; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO MAINTAIN ORDERLY DEVELOPMENT OF LAND
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
WHEREAS, the City Council of the City of Pearland (the "City") has determined that
it is in the best interest of the City and its residents to provide for the orderly development
of land within its extraterritorial jurisdiction to enter into strategic partnership agreements
with special districts and related development agreements with the developers of such
land, and that the provisions of such agreements may provide for exceptions to the general
terms of the City's ordinances and regulations relating to the subdivision and development
of property, road and street construction, and similar items; and
WHEREAS, the City and the other parties to such agreements desire that the terms
of such agreements shall be applied to the extent of conflict with applicable ordinance or
regulation; now, therefore,
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ORDINANCE NO. 979
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, that:
Section 1. The facts recited in the preamble hereto are found to be true and
correct.
Section 2. Chapter 30 of the Code of Ordinances of the City of Pearland, Texas,
is hereby amended to add a new Section 30-103 to read as follows:
"Sec. 30-103. Strategic Partnership Agreement and related
agreement terms controlling.
In the event that the city has entered into a strategic partnership
agreement with a district pursuant to Section 43.0751, TEx. LOCAL GOV'T
CODE, the express terms of such agreement, and of a development
agreement or similar agreement with the developer of property entered into
in connection with a strategic partnership agreement, shall determine the
conditions of development within such district, including the number and
sizes of lots, the specifications, size and location of streets and roads and
sidewalks, the location and dedication of parkland and other public
improvements, and similar matters. To the extent of an inconsistency or
conflict with another provision of this code or other city ordinance or
regulation, the terms of the agreement shall govern."
Section 3. Declaration of Emergency. It is hereby officially found and
determined that a case of emergency and urgent public necessity exists that requires that
this Ordinance be passed finally and take effect immediately on the date of its introduction,
such emergency and urgent public necessity being that the proceeds from the sale of the
Bonds are required as soon as possible and without delay for the purposes set forth
herein.
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ORDINANCE NO. 979
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. Effective Date. This Ordinance shall become effective ten (10) days
from and after its passage and approval by City Council.
PASSED and APPROVED on First and Only Reading this the 31st day of
July , A.D., 2000.
TOM REID
MAYOR
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ORDINANCE NO. 979
ATTEST:
APPROVED AS TO FORM:
C._M . C1w...
DARRIN M. COKER
CITY ATTORNEY
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