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Ord. 509-038 04-13-93ORDINANCE NO. 509-38 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR- LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO BUILD A CHURCH IN AN R-i, SINGLE FAMILY DWELLING DISTRICT ON A 9.81470 ACRE TRACT OF LAND BEING LOT 25B, WILLITS SUBDIVISION, AND LOTS 32 AND 33, NARREGANGS SUBDIVISION OUT OF THE W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL, OWNERS, PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Suzanne S. Storey, Agent for Cuellar, et al, Own- ers, filed on or about February 9, 1993, an application for a Specific Use Permit pursuant to Section 23 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a Specific Use Permit to build a church upon a certain tract and parcel of land within the territorial limits of said City, such land being fully described in the original appli- cation for Specific Use Permit attached hereto and made a part hereof for all purposes as "Exhibit A;" and, WHEREAS, on the 5th day of April, 1993, a joint public hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice thereof being given by mail and publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as "Exhibit B," said notice being in strict conformity with applicable State Law and the provisions of Ordinance No. 509; and, WHEREAS, on the 8th day of April, 1993, the Planning and Zoning Commission of the City submitted their report and recom- mendation to the City Council regarding the proposed application of Suzanne S. Storey, Agent for Cuellar, et al, Owners, whereby they recommended the issuance of a Specific Use Permit to build a a church in an R-I, Single Family Dwelling District and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and such report at its regular meeting on April 12, 1993; 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 applica- tion of the owner for a Specific Use Permit to build a church in an R-I, Single Family Dwelling District, facts were presented which in the judgment of the City Council would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. There is hereby issued a Specific Use Permit to build a church upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified within an R-l, Single Family Dwelling District: A 9.81470 Acre tract of land being Lot 25B, Willits Subdivi- sion, and Lots 32 and 33, Narregangs Subdivision out of the W.D.C. Hall Survey, A-70, Brazoria County, Texas. II. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon convic- tion by a court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense. III. The City Council of the City of Pearland finds and deter- mines 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 2 compliance with the mandates of law in the posting and presenta- tion of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. IV. The City Council of the City of Pearland finds and deter- mines that the specific use permit granted herein promotes the health, safety, morals and general welfare of the public and is a proper valid exercise of the City's police powers. V. 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. VI. 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. VII. The City Secretary is hereby directed to cause to be pre- pared 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 issuance of a specific use permit. VIII. The City Secretary shall cause this Ordinance, or the cap- tion and penalty hereof, to be published in the official news- paper of the City at least once within ten days after its passage on final reading. This Ordinance shall then become effective ten days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. 3 P SSED, APPROVED, day of ~ , A. D., 1993. and ADOPTED on first reading this ATTEST: Pat Jones, Ci~Secretary this PASSED, APPROVED, and ADOPTED on second and final reading ~_~ ~ day of A/~ , A. D., 1993. C. . Coppl , Mayo ATTEST: Pat Jo~Y Secret ry APPROVED AS TO FORM: Lester Rorick, City Attorney VOTING RECORD (FIRST READING) APRIL'12, 1993 Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller. Voting "No" - None. Motion passed 5 to O. VOTING RECORD ( SECOND' READING) ' APRIL '26 ~' 1993 Voting "Aye" - Councilmembers Miller, Frank, Weber, Col son, and Smith. Voting "No" - None. Motion passed 5 to O. PUBLICATION DATE: MAY 5, 1993 EFFECTIVE DATE: MAY 15, 1993 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 EXHIBIT "A" SPECIFIC USE APPLICATION ZONING CHANGE REOUESTED BOARD OF ADJUSTHENT & APPEAL B Change in Regulations in Section D Change in Zone Class From: To D Variance Appeal D Appeal from Interpretation /Specific Use PROPERTY IDENTIFICATION: Street or Road Address: Lot ~/~ , Block SUBMITTAL INFORMATXON: , Addition 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North arrow 4. Site map attached 5. Tract Dimension 6. Location,.size, relationship of all existing structures to boundary lines LEGAL DESCRIPTION: Describe from ed Records, att copy of Deed, and etes and bounds Unplatted Lana' (Must hav ds PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION: OWNER'S MAILING ADDRESS & PHONE NO.: AGENT ' 8 NAMe,: Su Z ~ ~ ~ AGENT ' 8 MAILING ADDRESS S. 9oMy .o. ) 7 75'q g PETITION: As OWNER/AGENT, I hereby petition the City for approval o~ the above described request as provided by the laws of the Stau: o~ Texas and Ordinances of the City of Pearland. EXHIBIT "B" AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personally appeared GLORIA BOIKE, Business Manager for Tile JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that the foregoing attached notice was published in said newspaper on the following date(s), to wit: , 19 , 19 , 19 BUSINESS MANAGER Subscribed and sworn to this day o.f '-. (SEAL) LEGAL/PUBLiC NOTICE NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL ' AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF LEGAL NOTICE PEARLAND, TEXAS Notice is hereb given that on the 51h A 9.81470 Acre tract of land being Lot da of April 1~I~3, t M., 25B, Willits Subdivision and Lots 32 oo. ', ..d ~ eha! have !he nght af~cl opportunity to Dive, Pe and. Texas. on the to,wits following described property. SP-26 STATE OF TEXAS AFFIDAVIT OF PUBLICATION Before me, the undersigned authority,'on this day personally appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that the foregoing attached notice was published in said newspaper on the following date(s), to wit: 19 , 19 , 19 BUSINESS MANAGER Subscribed and sworn to this i day of~, (SEAL) STATE OF TEXAS LEGAI~ NOTICE THE REQUEST OF JAMES R. AND JANICE PASKET, OWNERS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE A SEVERABILITy CLAUSE, EFFECTIVE DATE;. PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. .. An ' rson firm or corporalion who viaYale; or 'fails to corn ly wire the re uirements or provisI>o~ns of this O~inance shall be deemed ilty o~ a misdemeanor, and sha~, upon not less lhan One Dollar $'1.00) nor more. 'than One ~housand ($1,000.00) and each day such violation or ~!ure to be in compliance shall exist shall be deemed to -conetitu.te a ~eparate offense. PAS~ED, APPROVED and ' ADOPTED on first rsa~ng lhJs 12 day of April, AD., 1993. ATTEST:- PASSED, APPROVED, and ADOPTED on second'and final reading ~ls 26.day of Apdl, A.D.,. 1993.- -. ATTEST.. ' APPI:~_VED AS TO FORM: Leslef Rorick City Attorney .~.- ...~.- LEGAL NOTICE STOREy, AGENT FOR CUELIAR ET AL OWNERS; PROVIDING AMENbMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE A SEVERABILITy CLAU~E AN EFFECTIVE DATE; PROVID}NG A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. , re uirements or provimons of this O;3inance shall be 'deemed ilty of a misdemeanor, and 8ha~,, u on ($1,000.00) and each day such ~;'iolalion or i~l~rs to be in cOr~pliance shall exist shall be deemed to constitute a separate offense. PASSED ' APPROVED and ADOPTE~ on first reacting this 12 day of April,. A.D., 1993.. C. V. Doppinger, Ma~Or ATTEST: PASSED,-' APPROVED, and ADOPTED 'on second and final 'reading this 26 day of April, A.D., 1993. . C. V. Copplnger, Mayor ATTEST: ' Pat Jones, City Secretmy APPROVED A8 TO FORM- Leater Rork;k, City Attorney' Voli.ng 'No' - None. ' ' Volj~ 'No' - None. - . Motk~psssed,=,toO.. Motic~passedStoO. - Motion passed 4 to O. PUBLICATION DATE: MAY S, 1993 EFFE~VE DATE: MAY 15, 1993 PUBIjISHED AS REQUIRED BY SECTION-3.10 OF THE CHARTER OF :THE CITY' OF PEARLAND, TEXAS,. . ORDINANCE NO. 509,18 · AN ORDINANCE AMENDING ORDINANCE NO. 509, THE D USE AND URBAN DEVE ENT ORDINANC F T ITY OF PEARLA TEXA OR THE PURPO .OF G TING A SPECI SE IT BUILD A SUBDIVISION, AND L~TS 32 AND 33, NARREGANGS SUBDIVISION OUT OF THE W.D.C. HALL SURVEY, -A-7'O '-BRAZORIA COUNTY. TEXAS; '- AT ThE REQUEST OF SU~:ANNE S. Voting :,Aye,. Counalmembers Mier,' Franl~, W~ber. Colaon, and Smffih. Vo'.ti~g 'No,. Motion passed 5 to O. PUBLICATION DATE: MAY 5, 1993 EFFECTIVE DATE: MAY 15, 1993 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. " BID NOTICE BIDS WILL BE RECEIVED 'UNTIL 1:00 PM ON WEDNESDAY, M~,Y 19, 1993, IN THE TRANSPORTATION OFFICE OF THE PEARLAND INDEPENDENT SCHOOL DISTRICT, 3202 PLUM, PEARLAND, TEXAS FOR THE SALE OF SIX (6) USED SCHOOL BUSES. THESE VEHICLES MAY BE INSPECTED AT THE BUS GARAGE OF THE PEARLAND INDEPENDENT ' SCHOOL DISTRICT, 3202 PLUM, PEARLAND, TEXAS. FOR ADDITIONAL INFORMATION CALL 485-3562. THE BOARD OF' TRUSTEES' RESERVES THE RIGHT TO AC(~EPT LEGAL NOTICE OR REJECT ANY BiD SUBMITTED FOR THE BEST INTEREST OF THE SCHOOL DISTRICT. - · NOTICE TO BIDDERS ' ' ....... CITY OF PEARLAND, TEXAS BID NO B93-10 Sealed bids, marked 'Vending Machine Service,' will be received,in duplicate, in the office of the City Secreta, 3519 Liberr Drive, P.O. Box 20~>t~: PeaHand, ~xas, 77588, until 11:00 A.M., Ma 12 1993 at which time the wi~Y be publicly. for proviso. CONCESSION CONTRACT FOR . VENDING MACHINES '485-2411, ext. 291. Any questions regarding 8 eclfications should be directed to ~P~ Hersh, Parks Director, · 713-485-2411, ext. 243. ' Location8 for which yencling machine ss~ces am being 8olicited am at the following. City sites; City Ha!l, Commum~ Center, ~vimmin Pool, ServiQe C~nter, and Melvin I~napp Ac~vity BuRding. ' The City' of PeaHand reserves the dght to reject any and all bids and to waive any informalities in bid8 received. Pal Jones · CITY OF PEARLAND ' REQUEST FOR PROPOSALS ELECTRICAL SERVICES - BID NO. BgS-11 · The Cit,l of Pearland is seeking proposals from licensed master electricians to rovide electrical are not limited to new electrical services, maintenance of system , repairs and renovations of Servl~e Center, Puhl~c Safer); Building, Animal Control Buildin , For additional information, contaci: Glen Erwin, Division Director, City of Pearland. · All bids must be sealed in anyel ' ' marked 'BID FOR ELECTRICAL SERVICE.' Bids will be opened at 'Pat Jones, City Secretary ' City of Pearlar~cl 3519 Libe Ddve PeaHand, ?exas 77561 (713)485-2411 The Ci reserves the · ht to 't Bids reoeived after ~1:00 ~m. o'n May 12, 1993 w~ll nol be considered. AFFIDAVIT OF PUBLICATION Before me, the undersigned authortty,'on this day personally appeared GLORIA BOIKE, Business Hanager for Tile JOURNAL, a newspaper having generalcirculation in Brazoria County, Texas, who being by me duly sworn, deposes and eaye that the foregoing attached notice was published in said newspaper on the following date(s), to wit: , 19 , 19 BUSINESS NANAGER Subscribed and sworn to this day of ' 19~'~ (SEAL) STATE OF TEXAS LAWN CAHb/LAND~CAPING cheap! 713-485-2878 R & R LAWN CARE. Comm./Ret LAWN'S PLUS - Complete lawn majn- today! 482-2085, YoLw best source for Lc~,al News "- The Journal LEGAL/PUBLiC NOTICE NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF c,~y"~o~,TL~3~~~~~ "NEw 1993 MERCURY NEw 1993 MERCURY -zo.,.; ,.,.,o o, ,. o,G~ND ~RQUIS'COUGAR XR7 """"""" 797; 497 ' . 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Box 2068 • Pearland, Texas 77588-2068 • 485-2411 April 28, 1993 THE JOURNAL Pearland, Texas Re: Ordinance No. Ordinance "o. 509-38 ' Please publish the above legals on the following date: May 5, 1993 Thank you. Pat Jon - City Secretary p3 Attachment ORDINANCE NO. 509-38 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF . PEAR- LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO BUILD A CHURCH IN AN R-1, SINGLE FAMILY DWELLING DISTRICT ON A 9.81470 ACRE TRACT OF LAND BEING LOT 25B, WILLITS SUBDIVISION, AND LOTS 32 AND 33 , NARREGANGS SUBDIVISION OUT OF THE W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL, OWNERS, PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;. PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Any person, firm, or corporation who violates or fails to comply with the requirements or provisions of ,this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon convic- tion by a court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand ($1, 000. 00 ) , and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense.. PASSED , APPROVED , and ADOPTED on first reading this day of , A. D. , 1993. C. . opping , ayor ATTEST: Pat Jones, Ci Secretary PASSED, APPROVED, and ADOPTED on second and final reading this 02. 4 day of 4e4...t_L- , A. . D. , 1993. C. . Coppi Mayo ATTEST: • d5u� Pa Jones, ity Secretary APPROVED AS TO FORM: Lester Rorick, City Attorney VOTING RECORD (FIRST READING) APRIL 12, 1993 Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller. Voting "No" - None. Motion passed 5 to 0. VOTING RECORD (SECOND READING) APRIL 26, 1993 Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: MAY 5, 1993 EFFECTIVE DATE: MAY 15, 1993 . PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.