Ord. 0220-07 05-10-99ORDINANCE NO. 220-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ARTICLE 2, RATES AND CHARGES, OF
CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, RELATING TO WATER AND SEWER EXTENSIONS,
PRO RATA CHARGES, AND OTHER CHARGES ESTABLISHED;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
FAIRLY DISTRIBUTE THE COST OF EXTENDING WATER AND SEWER
LINES WHERE THOSE SERVICES ARE NOT AVAILABLE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Article 2, Rates and Charges, of Chapter 30, Utilities, of the
City of Pearland Code of Ordinances, be and the same is hereby amended by ADDING
Section 30-44 of said Code of Ordinances to hereafter provide as follows, to -wit:
"Section 30-44. Pro Rata and Other Charges Established.
(a) A charge, which shall be known as the pro rata shall be made against each
lot or tract of land, and the owner thereof, whose water or sewer lines shall
be hereafter connected with any water mains or sewer mains in the following
manner and in accordance with procedures and service area maps
promulgated by City staff:
(1) Park Street between Walnut and Pear Streets
Lots 1-23 of Block 25
Water - $354.29 per 25' Lot
($14.17 per linear foot)
Sewer - $537.83 per 25' Lot
($21.51 per linear foot)
Lots 26-44 of Block 26
$354.29 per 25' Lot
($14.17 per linear foot)
ORDINANCE NO. 220-7
($21.51 per linear foot)
(2) Pearland Parkway between Barry Rose Road and Mary's Creek
Water - 96.9 acres at $776.00 per acre
Sewer - 360.2 acres at $584.33 per acre
(3) FM 518 at FM 1 128 west of Reid Boulevard
North Side of FM 518 South Side of FM 518
Sewer - $44.60 per linear foot $53.91 per linear foot
(b) In addition to the pro rata charge on water and sewer mains, the property
owner must pay all other applicable charges as established by City
ordinance."
Section 2. That all pro rata charges made against any owner of a lot or tract
of land whose water and sewer lines are connected with the City water and sewer
mains shall be in accordance with Exhibits "A," "B," and "C," attached hereto and
incorporated herein for all purposes.
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 fine in any sum not exceeding
Two Hundred Dollars ($200.00).
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ORDINANCE NO. 220-7
Section 4. Declaration of Emergency. The Council finds and determines that
the need to fairly distribute the cost of extending water and sewer lines where those
services are not available 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 Ordinance 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.
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ORDINANCE NO. 220-7
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.
PASSED and APPROVED on First and Only Reading this the 10th day of May,
A. D., 1999.
APPROVED AS TO FORM:
ct,,,IL...(4),A .cep
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
MAY 10, 1999)
Voting "Aye" - Councilmembers Seeger, Wilkins,
Berger, Tetens, and Beckman.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: MAY 12, 1999
EFFECTIVE DATE: MAY 22, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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