Ord. 509-078 08-26-96ORDINANCE NO. 509-78
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
ON LOT 8, CONTAINING 2.50 ACRES, OUT OF THE T.P. MAHANAY 80 ACRE
TRACT, BEING THE EAST ~/~ OF THE NORTHWEST 4/. OF SECTION 15, H.T. &
B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP RECORDED IN VOL. 441, PG. 265, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (6910 BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF SWANELLE SPRADLEY, AGENT FOR TED K. SPRADLEY,
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, Swanelle Spradley, agent for Ted K. Spradley, owner, filed on June 27,
1996, 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 odginal
application for amendment attached hereto, and made a part hereof for all purposes,
Exhibit "A"; and
WHEREAS, on the 22nd day of July, 1996, a Joint Public Headng 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 stdct conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 23rd day of July, 1996, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application of Swanelle Spradley, agent, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Suburban Development District (SD) to Commercial District (C); and
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 August 12, 1996; 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 Swanelle Spredley, agent, 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 Suburban Development District (SD) is hereby for
all purposes changed and reclassified Commercial District (C):
Lot 8, containing 2.50 acres, out of the T.P. Mahanay 80 acre tract, being the
East 1/2 of the Northwest 1/. of Section 15, H.T. & B.R.R. Co. Survey, A-241,
Brazoda County, Texas, according to the map recorded in Vol. 441, Pg. 265, of
the Deed Records of Brazoria County, Texas (6910 Broadway).
II.
The City Council of the City of Peadand finds and determines that the recitations in the
preamble hereof are true and that all necessary prerequisites of law have been accomplish~l
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
2
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 Distdct Map of the City, pursuant to the provisions of Section 2 of Ordinance
No. 509, and consistent with the approval herein granted for the reclassi~cation of the
hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
1996.
ORDINANCE NO. 509-78
PASSED, APPROVED and ADOPTED on First Reading this/~f--, day of ~
' TOIV~I~EID, MAYOR
ATTEST:
'Y~HDA C. BENITEZ~ARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading thi~day of
, 1996.
TOM REID, MAYOR
ATTEST:
TARYYO
APP,~D A,S TO FORM:
A~TES MCCULL,.~GH, CI~T~ATTOR~EY
Change in Zoning Classification from:
Change in Regulations in Section #:
__ Specific Use for:
Property address:
Lot: ~ ~
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Owner's signature:
Fees paid: $ ....~../C
Received by:
Agent's telephone number: 7/3 - ~ o~TJ ',.~ 7~7~:7
PETITION: As owner/agent, I herdby petition the Ci~ for appro~l of the above descd~ r~uest as
provided by the laws of the State of Texas ~d Ordin~ces of the Ci~ of P~land.
Agent's si~am~
Date paid: D/~
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ZONE SD
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da~e from Maker to Charles B. Kreu[z, Trustee, both ~f which cover:
Lot 8, containing 2.50 acres, out of the T. P. Mahanay 80 acre
tract, being the East 1/2 of the Northwest 1/4th of Section 15,
HT & B RR SURVEY, ABSTRACT 241, Brazoria County, Texas,
according to the Map recorded in Volume 441, Page 265, Deed
Records, Brazorla County. Texas.
Maker promises to pay to the order of Payee at the place for payment and
according to the terms of payment the principal amount plus interest at the
rates stated above. All unpaid amounts shall be due by the final scheduled
payment date.
On default in the. payment of this note or in the performance of any
obligation in any instrument securing or collateral to it, the unpaid
principal balance and earned interest on this note shall become immediately
due at the election Of Payee. Maker and each surety, endorser, and guarantor
waive all demands for payment, presentatlons for payment, notices of intention
to accelerate maturity, notices of acceleration of maturity, protests, and
notices of protest.
If this note or any instrument securing or collateral to it is given to an
attorney for collection or enforcement, or if suit is brought for collection
or enforcement, or if it is collected or enforced through probate, bankruptcy,
or other judicial proceeding, then Maker shall pay Payee all costs of
collection and enforcement, including reasonable attorney's fees and court
costs., in addition to other Mounts due. Reasonable attorney's fees shall be
10% of all amounts due unless either party pleads otherwise.
lO9011/Spradley
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John C
667,335 C.L. Anderson 1762;889
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iJ. D. 64-261~8 Win. R. Morgan 60Brazo~a
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108 } 9.92 B~Ily C. Long
29 61 J.A. Preo~ls
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Laura Mas:
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John R..Massey
708/109 160.0
'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 19
N o. Date 19
No. Date 19
No. Date 19
Subscribe and worn to before me this
day of
OFFIC~ OF TH~ ClT~ 2~CRF~!
Clt'~ OF PLUelaND, T~Y, Jk2
RICHARD BURDINE
ASSISTANT CITY MANAGER
lit'l: SEPTEMBER 3, 1996
At the CIty Council setting held on AUGUST 26, 1996 ,
the following matter was referred to you for appropriate d~sposal
or for specific action as indicated belowz
ORD. NO. 509-78 - ZONE CHANGE
ORD. 509-78
cc: act
C.R. LONG
DON GUYNES
APPLICANTS