Ord. 1237 12-12-05ORDINANCE NO. 1237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME
AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION FOR ADOPTION OF A
UNIFIED DEVELOPMENT CODE AND THE FUTURE UPDATE OF THE
CITY'S ZONING MAP.
WHEREAS, in order to provide the efficient regulation of land use for all property
located in the City, the City desires to adopt a Unified Development Code and revise
its Zoning Map; and
WHEREAS, due to the large number of properties affected, the City appreciates
and understands the challenges presented in providing adequate notice of the City's
intent to zone the property using standard notice protocol; and
WHEREAS, Section 211.007 (d) of the Texas Local Government Code provides
that the governing body of a home -rule municipality may, by a two-thirds vote,
prescribe the type of notice to be given of the time and place of a public hearing held
jointly by the governing body and the zoning commission; and
WHEREAS, in effort to provide adequate notice of the City's intent to adopt a
Unified Development Code and a revised Zoning Map for the City, the City intends to
utilize the alternate notice procedures provided for in Section 211.007 (d); now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. In accordance with Section 211.007 (d) of the Texas Local
Government Code, City Council of the City of Pearland hereby adopts an alternative
form of notice to be given of the time and place of the joint public hearing of the City
ORDINANCE NO. 1237
Council and the Planning and Zoning Commission for the proposed adoptions of a
Unified Development Code and revision of the City's Zoning Map;
Section 2. That the legal notice establishing the time and place of the joint public
hearing for the proposed adoption of a Unified Development Code and revision of the
City's Zoning Map shall be satisfied by publication of such notice in the Pearland
Reporter News before the 10' day before the hearing date for said joint public hearing.
Section 3. 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 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
PASSED and APPROVED ON FIRST READING this the 12th day of
December , A.D., 2005.
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TOM REID
MAYOR
ORDINANCE NO. 1237
ATTEST:
UNG�I• G
TY " RETARY
APPROVED AS TO FORM:
a,.._. art--
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of
December , A. D., 2005.
TTEST:
UN
ITY S CRETARY
MC
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR