Ord. 0741-03 05-13-02ORDINANCE NO. 741-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 1.6 of Exhibit A, of Chapter 27, Subdivisions, of the City
of Pearland Code of Ordinances, is repealed and a new Section 1.6 of Exhibit A hereby adopted
to read as follows:
1.6 OPEN DITCH SUBDIVISIONS AND ASPHALT STREETS PROHIBITED: Open
ditch subdivisions and asphalt streets are prohibited, subject to the following
exceptions:
1. Open ditch subdivisions and asphalt streets shall be permitted in areas
developed in conformance with "RE" zoning as specified in the City's Land
Use and Urban Development Ordinance.
2. A variance is granted in accordance with section 27-3 (A) (3) of this chapter.
Section 2. That Exhibit B, of Chapter 27, Subdivisions, of the City of Pearland Code of
Ordinances, is repealed and a new Exhibit B hereby adopted to read as follows:
EXHIBIT B
1. All storm drainage improvements constructed in the City of Pearland or its
Extraterritorial Jurisdiction shall conform to the Storm Drainage Design
Criteria Requirements for the City of Pearland
2. All perimeter drainage and detention required by this ordinance shall be
constructed and operational prior to construction of any site earthwork or
improvements.
3. Subject to Section 27-3 (A)(3) variances, storm water detention facilities
requiring mechanical pumping systems are prohibited.
Ordinance No. 741-3
Section 3. Penalty. Any person who shall violate the provisions of this section shall be
deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction,
be punished by a fme in any sum not exceeding Five Hundred Dollars ($500.00).
Section 4. Declaration of Emergency. The Council finds and determines that the need
to promote orderly development in the City and its Extraterritorial Jurisdiction 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 5. 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 6. 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 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 and 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.
2
Ordinance No. 741-3
PASSED and APPROVED ON FIRST READING this the 22 day of
April , A. D., 2002.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 13 day of
May , A. D., 2002.
APPROVED AS TO FORM:
/Q,.., rt. l CIK
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
MAY 13, 2002)
Voting "Aye" - Councilmembers Tetens, Owens, and
Marcott.
Voting "No" - None.
Motion passed 4 to 0, with Councilmembers Wilkins and
Seeger absent.
PUBLICATION DATE:
EFFECTIVE DATE:
MAY 15, 2002
MAY 25, 2002
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10 OF
CITY ATTORNEY THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3