Ord. 1307 2006-10-23ORDINANCE NO. 1307
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 THE
FUTURE ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES
OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1.
WHEREAS, the City of Pearland ("City") and Brazoria County Municipal District No.
1 entered into Strategic Partnership Agreement providing for the annexation of BCMUD
No. 1 into the incorporated limits of the City on December 31, 2006; and
WHEREAS, in order to provide the efficient regulation of land use for all property
located in the City, the City desires to zone the property located within the boundaries of
BCMUD No. 1 immediately following its annexation into the City; and
WHEREAS, due to the large number of individual tracts located in BCMUD No. 1,
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 zone the
property located within the boundaries of BCMUD No. 1, 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
ORDINANCE NO. 1307
given of the time and place of the joint public hearing of the City Council and the Planning
and Zoning Commission for the zoning of property located in BCMUD No.1;
Section 2. That the legal notice establishing the time and place of the joint public
hearing for the zoning of the property located within BCMUD No. 1 shall be satisfied by
publication of such notice in the Pearland 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. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
2006.
PASSED and APPROVED ON FIRST READING this the 9th day of October, A.D.,
2
TOM REID
MAYOR
ORDINANCE NO. 1307
ATTEST:
UNG G R
TY S RETAR
APPROVED AS TO FORM:
C64-
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 23r" clay of
October , A. D., 2006.
ATTEST..
UNG T' C;
TY SECRETARY
APPROVED AS TO FORM:
_Calit4._ Q._
DARRIN M. COKER
CITY ATTORNEY
3
urn)
TOM REID
MAYOR