Ord. 509-147 06-23-97ORDINANCE NO. 509-147
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED
LOT 34 OF THE SUBDIVISION OF SECTION 3, HTBRR CO. SURVEY, A-232,
RECORDED IN VOLUME 29, PAGE 43, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS. (1871 MYKAWA ROAD) (APPLICATION NO.
214) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M1) TO HEAVY
INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF PEARLAND ASSOCIATES,
L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A .SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Pearland Associates, L.P., owner, filed on April 16, 1997, an application
for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the land use as provided for
in said Section 28, said property being legally described in the original application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 9 th day of June, 1997, a joint public hearing was held before the
Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice
being given by publication in the official newspaper of the City, the affidavit of publication
being attached thereto and made a part hereof for.all purposes, as Exhibit "B", said call and
notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No.
509; and
WHEREAS, on the 9th day of June, 1997, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Pearland Associates, L.P., owner, whereby the Commission
recommended and approved a change of classffication for the property described in Exhibit
"A" from its existing classification of Light Industrial (M1) to Heavy Industrial (M2); and
1
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on June 9, 1997, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Pearland Associates, L.P., owner, facts were presented which, in the judgment
of the City Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Light Industrial (M1) is hereby for all
purposes changed and reclassified as Heavy Industrial (M2).
Lot 34 of the subdivision of Section 3, HTBRR Co. Survey, A-232, recorded in
Volume 29, Page 43, of the Deed Records of Brazoria County, Texas. (1871
Mykawa Road)
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional 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.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-147
1997.
TOM REID
MAYOR
A'I'I'EST:
YOUNG LORFING
CITY SECRETARY
of .~~'~ ,1997.
th~ da
PASSED, APPROVED, and ADOPTED on Second and Final Reading 's--2~'~{~' y
ATTEST:
L T R ~'
APP~VED AS TO FORM:
TOM REID
MAYOR
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0232-0037-000
See Le=al Description A~:ached
Pearland Aesocia=es, L.P.
400 Skokle 31vd,, .~uf~e 420, Nor~hb~:ook, iL 60062
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date ~'- 7,,~> 19 ?'~
No. Date 19 __
,N o. Date 19 __
No. Date 19 __
No. Date 19 __
Subscribe and worn to before me this
Editor
day of ~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. // Date 5' ' 7, / 19 '~ q
N o. Date 19
No, Date 19
No. Date 19
No. Date 19
Subscribe and worn to before me this
19 ~/)
Editor
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Laura Ann Emmons, .Publisher
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