Ord. 1269 05-15-06ORDINANCE NO. 1269
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 AN AMENDMENT
TO 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 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 revise the
Zoning Map for the City, the City intends to utilize the alternate notice procedures
provided for in Section 21 1.007 (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 June 5, 2006 joint public
hearing of the City Council and the Planning and Zoning Commission for the proposed
revision of the City's Zoning Map;
ORDINANCE NO. 1269
Section 2. That the legal notice establishing the time and place of the joint public
hearing for the proposed revision of the City's Zoning Map shall be satisfied by
publication of such notice in the Pear/and Reporter News before the 10th 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. Declaration of Emergency. The Council finds and determines that the
need to provide adequate notice of zoning public hearings; 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. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
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ORDINANCE NO. 1269
PASSED and APPROVED on First and Only Reading this the 15th
May , A.D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
day of
TO EID
MAYOR