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Ord. 0817-1 02-23-98ORDINANCE NO. 817-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 817, THE CITY'S FLOOD MITIGATION ORDINANCE, TO AUTHORIZE THE CITY MANAGER, AT HIS DISCRETION, TO EXEMPT FROM COMPLIANCE WITH THIS ORDINANCE, DEVELOPMENT UPON LAND LESS THAN ONE ACRE IN SIZE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY FLOOD MITIGATION REQUIREMENTS 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 Ordinance No. 817 of the Code of Ordinances of the City of Pearland, Texas, is hereby amended to ADD Section 3-F, Exemptions, to read as follows: "... SECTION 3-F. EXEMPTIONS (1) Notwithstanding any provisions of this Ordinance, the City Manager may, at his discretion, exempt from compliance with any part or parts of this Ordinance, development requiring Tess than 0.75 acre feet of detention." Section 2. Penalty. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and each and every day that such violation or noncompliance shall exist shall be deemed a separate offense. 1 ORDINANCE NO. 817-1 If any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply herewith, the City of Pearland, in addition to imposing the criminal penalties provided herein, may additionally institute any appropriate civil or criminal actions or proceedings allowed by law to prevent, restrain, correct, or abate any illegal act, conduct, business, or use in or about any land within its jurisdiction. Section 3. Declaration of Emergency. The Council finds and determines that the need to clarify flood mitigation requirements 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. Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing ordinances, easements, covenants, or agreements. However, where this Ordinance and another ordinance, easement, covenant, or agreement conflicts or overlaps, the more stringent restrictions shall apply. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or 2 ORDINANCE NO. 817-1 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 7. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 8. 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 9. Publication/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. PASSED and APPROVED on First and Only Reading this the 23rd day of February , A.D., 1998. ATTEST: NG FfNG Y SE ETARY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING FEBRUARY 23, 1998) Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: FEBRUARY 25, 1998 EFFECTIVE DATE: MARCH 5, 1998 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, 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 and Harris Counties, for issues, as follows: No. / Date o2 " - r 19 1 8 No. Date 19 No. Date 19 No. Date 19 No. Date 19 � a Editor Subscribe and sworn to before me this day of c-6V14-CA 19 41 1) ti- 5,4611TAR.4, Mtn: i !':ritetP:2,S98 N •tary Public, State of Texas Laura Ann Emmons, Publisher ir N ORDINANCE OF THE ITY OF PEARLAND, EXAS,.AMENDING ORDI•_ ANCE NO. 817, THE ITY'S FLOOD MITIGATION RDINANCE, TO AUTHO- IZE THE CITY MANAGER, T.HIS DISCRETION, TO XEMPT FROM COMPLI- NCE WITH THIS ORDI- ANCE,DEVELOPMENT PON LANDLESS THAN NE ACRE.IN SIZE; PRO • - IDING A PENALTY FOR IOLATION; CONTAINING A, AVINGS CLAUSE, A SEV- ' ERABILITY CLAUSE AND A REPEALER CLAUSE; PRO- VIDING FOR PUBLICATION, CODIFICATION, AND AN,' EFFECTIVE DATE; AND DECLARING AN EMER- GENCY BECAUSE THE NEED TO CLARIFY FLOOD MITIGATION REQUIRE-. MENTS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH; SAFETY AND - ' WELFARE OF THE CITIZEN - Penalty. Any per on, firm or corporation who tiall violate any of -the provi--� ons of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations ,made thereunder, or who shall build in violation of any detailed statement of specifi-{ nation of plans submitted and !approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncom- pliance respectively be deemed guilty of a misde- meanor, and upon conviction i thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and each i and every day that such viola-' tion or noncompliance shall b exist shall be deemed aisep°+ E rate offense. g' If any person, firm or corpor tion violates any of the prow-, sions of this Ordinance or fail to comply herewith, the City of',• Pearland, in addition to imposing the criminal penal- ties provided herein, may additionally institute any opitate civil or criminal_ ctions or proceedings` !lowed by law to prevent, ` strain, correct, or abate any egal act, conduct, business, ' use in or about any land thin its jurisdiction. ASSED and APPROVED on i rst and Only Reading this , he 23rd day of February, .D.,1998. - ' R ,IRND ONLY READING FEB- 1 UARY 23:19981 Voting "Aye" - Council---- -- j members Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" - None.