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Ord. 1236 12-12-05 NO ACTION TAKENPassed 12/12/05 No Action Taken ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE FOR A PROPOSED HEALTHCARE FACILITY. WHEREAS, Memorial Hermann and DASCO Companies, LLC., ("Applicant") desires to construct a Memorial Hermann healthcare facility on a tract of land located at the intersection of FM 518 and SH 288; and WHEREAS, the City Council of the City of Pearland understands the urgent need for healthcare facilities to serve the residents of the City and surrounding communities; and WHEREAS, in an effort to construct a healthcare facility in a prompt and efficient manner, Applicant has requested a variance to allow the issuance of a building permit prior to the completion of the public infrastructure associated with the project; and WHEREAS, the City Council of the City of Pearland, for the limited purpose of developing a healthcare facility in the City, desires to authorize the above referenced variance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council of the City of Pearland hereby grants a variance to Applicant for the issuance of a building permit prior to the completion of the public infrastructure for the proposed healthcare facility. ORDINANCE NO. 1236 Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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 day of , A. D., 2005. ATTEST: YOUNG LORFING,TRMC CITY SECRETARY 2 TOM REID MAYOR