Ord. 1100 03-24-03ORDINANCE NO. 1100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE.
WHEREAS, the City of Pearland owns certain property, generally located near
the intersection of FM 518 and Liberty Drive, depicted in the map attached hereto as
Exhibit "A"; and
WHEREAS, Donya, LLP owns certain property, located at the intersection of
FM518 and Liberty Drive, depicted in the map attached hereto as Exhibit "B"; and
WHEREAS, the City of Pearland desires to exchange the property described in
Exhibit "A" for the property described in Exhibit "B" to expand an existing
right-of-way; and
WHEREAS, the City has determined, through its appraiser, that the fair market
value of the above properties is equitable to both parties; and
WHEREAS, Chapter 272.001 of the Local Government Code authorizes the City
to exchange property with abutting property owners in proportion to their ownership,
provided it is done in an equitable manner; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1.That the City Council of the City of Pearland authorizes the
City Manager or his designee to execute an exchange of land in accordance with
Chapter 272.001 of the Local Government Code.
1
ORDINANCE NO. 1100
Section 2.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 3.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 4.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herewith are hereby repealed but only to the extent of such conflict.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 loth
March , A. D., 2003.
TOM REID
MAYOR
ATTEST:
2
day of
ORDINANCE NO. 1100
PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day
of March , A. D., 2003.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
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