Ord. 0741-04 05-05-03ORDINANCE NO. 741-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Exhibit B, of Chapter 27, Subdivisions, of the City of Pearland
Code of Ordinances, is hereby amended to read as follows:
EXHIBIT B
1. All storm drainage improvements constructed in the City of
Pearland or its Extraterritorial Jurisdiction shall conform to the
Storm Drainage Design Criteria Requirements for the City of
Pearland and the maintenance requirements set forth in Chapter
13, Health and Sanitation, of the Pearland Code of Ordinances.
2. All perimeter drainage and storm water detention required by this
ordinance shall be constructed and operational prior to construction
of any site earthwork or improvements.
3. All storm water detention facilities requiring mechanical pumping
systems are generally prohibited. However, pumped detention
shall be allowed under the following conditions:
a. The discharge delivery system shall not exceed the design
values described in City of Pearland Resolution No. 2003-49,
and shall not exceed the project pre -developed storm flow
characteristics (flow rate and water level) in the receiving out
fall(s).
b. Two pumps minimum shall be required, each capable of
providing the design discharge rate. If three pumps are used,
any two pumps must be capable of handling the design
discharge rate. The total discharge pumping rate shall not
exceed the design discharge rate.
ORDINANCE NO. 741-4
c. A gravity overflow route and outfall must be submitted to the
City Engineer for approval. Pumping from detention into an
existing storm sewer is prohibited unless the pre -developed
land already drains into an inlet and storm sewer system.
d. Pumped detention shall not be allowed for detention basins
that collect public water runoff, except for detention basins
owned, operated and maintained by the City or Brazoria
Drainage District #4. Public water runoff shall be defined as
run off water that originates from the property of more than
one property owner.
e. For detention basins collecting non-public (originates from a
single property owner) runoff water that utilize mechanical
pumping systems, a cash amount, equal to the fair market
value cost of the pumps and their installation, shall be
deposited with City and placed into escrow prior to approval of
the final plat, or prior to the issuance of a building permit if
platting is not required. This deposit shall be placed in a
permanent interest bearing account for the use of the City to
maintain the pump system in the event the owner fails to
maintain the pump system in accordance with the
requirements of the City.
4. Any prohibition of mechanical pumping systems provided for in this
chapter shall not apply to the pumping of dead storage
(maintenance or amenity water stored at or below discharge pipe
control level).
5. All requests for a variance from the requirements contained herein
shall be in conformance with the criteria set forth in Section 27-3
(A)(3) of the Subdivision Ordinance and subject to any conditions
placed upon the applicant by the City Engineer.
Section 2. 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
Five Hundred Dollars ($500.00).
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ORDINANCE NO. 741-4
Section 3. Declaration of Emergency. The Council finds and determines that
the need to promote orderly development in the City and its Extraterritorial Jurisdiction
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 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. 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.
Section 8. 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.
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ORDINANCE NO. 741-4
PASSED and APPROVED ON FIRST AND ONLY READING this the 5th day of
May , A. D., 2003.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
MAY 5, 2003
Voting "Aye" - Councilmembers Tetens, Viktorin,
Owens, and Seeger.
Voting "No" - Councilmember Marcott.
Motion passes 4 to 1.
PUBLICATION DATE: May 7, 2003
EFFECTIVE DATE: May 17, 2003
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS