Ord. 0822-1 01-12-98ORDINANCE NO. 822-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE RESOLUTION OF THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION DETERMINING PUBLIC CONVENIENCE
AND NECESSITY FOR A PUBLIC PROJECT TO CONSTRUCT, OPERATE,
AND MAINTAIN A MAJOR THOROUGHFARE BETWEEN MYKAWA AND
STATE HIGHWAY 35 (MAIN STREET) INCLUDING BUT NOT LIMITED TO
AN OVERPASS OVER BURLINGTON NORTHERN SANTA FE RAILROAD
("BNSF RAILROAD") AND HICKORY SLOUGH WHICH AUTHORIZES THE
PEDC STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE FEE SIMPLE
AND EASEMENT INTERESTS IN PROPERTY LOCATED WITHIN THE CITY
BY GRANT, DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN AND MAKES VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROVIDE THOROUGHFARES
INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, the construction and maintenance of street and bridge
improvements is important to the economic growth and development of the City of
Pearland, Texas (the "City") and will benefit the City's residents by aiding the City's
efforts to encourage economic growth and development, stimulate commerce,
promote or develop new or expanded business enterprises, and enhance the health,
safety and welfare of the City's residents; and
WHEREAS, the City, by Ordinance No. R95-36 duly adopted on May 22, 1995,
authorized the creation of the Pearland Economic Development Corporation (the
"Corporation") to act on behalf of the City by receiving and expending sales tax
revenues for various projects, including the acquisition and construction of street and
bridge improvements (the "Project"), which promote or develop new or expanded
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business enterprises or which promote and encourage economic development,
employment and the public welfare; and
WHEREAS, on January 21, 1995, the voters of the City approved the levy of
a one-half of one percent sales and use tax to be used for the benefit of the
Corporation, including the Project; and
WHEREAS, on June 26, 1995, the Corporation was duly created, incorporated,
chartered and organized pursuant to Article 5190.6, Section 4B, Texas Revised Civil
Statutes (the "Act"); and
WHEREAS, pursuant to Subsection (j) of the Act, the Corporation is authorized
to exercise the power of eminent domain upon approval of the action by the City
Council; and
WHEREAS, the Corporation desires to acquire fee simple and easement interests
in property located within the City for the purpose of facilitating the Project; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Findings and Determinations. It is hereby officially found and
determined that all of the facts recited in the preamble hereto are found and declared
to be true and correct and the preamble is incorporated into and made a part of this
Ordinance.
Section 2. That certain resolution of the Corporation, a copy of which is
attached hereto as Exhibit "A" and incorporated herein for all purposes, is hereby
authorized and approved.
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Section 3. Approval of Eminent Domain Action and Related Expenditures. That
the City Council hereby approves the resolution adopted by the Corporation for
acquisition of property to facilitate the Project and authorizes all necessary eminent
domain actions taken by the Corporation, its staff, other City officials, and their
designees, in accordance with state law related thereto, including but not limited to
all reasonable expenditures in excess of $ 100,000.00, necessary to acquire interests
in property for said Project.
Section 4. Further Actions. The Mayor, City Secretary and other officials of
the City are hereby authorized, jointly and severally, to execute and deliver such
documents or papers necessary and advisable, and to take such actions as are
necessary to carry out the intent and purposes of this Ordinance.
Section 5. Declaration of Emergency. The Council finds and determines that
the need to provide thoroughfares inures to the benefit of the travelling 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 6. 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 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
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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 8. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 9. Effective Date. This Ordinance shall be in full force and effect from
and upon adoption.
PASSED and APPROVED on First and Only Reading this the l2th day of
January , A.D., 1998.
ATTEST:
APPVED AS TO FORM:
aies
A OTE McCULLOUGH
CITY ATORNEY
TOM REID
MAYOR
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