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Ord. 509-030 09-13-92
ORDINANCE NO. 509-30 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT AN ELEMENTARY SCHOOL FACILITY IN AN R-l, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, RWS Architects, Incorporated ,' Agent for Pearland Independent School District, Owner, filed on or about 'May 20, 1992, an application for 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 construct an Elementary School Facility upon a certain tract and parcel of land within the territorial limits of said' City, such land being fully described in the original application for Spe- cific Use Permit attached hereto and made a part hereof for all purposes as "Exhibit A;"' and, WHEREAS, on the 27th day of July, 1992, 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 ~ade 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 3rd day of August, 1992, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed appli- cation of RWS Architects, Incorporated, Agent for Pearland Inde- pendent School District, Owner, whereby they recommended the issuance of a Specific Use Permit to construct an Elementary School Facility on the aforementioned land; and 1 WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and such report at their regular meeting on August 10, 1992; 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 RWS Architects, Incorporated, Agent for Pearland Inde- pendent School District, Owner, for a Specific Use Permit to con- struct an Elementary School Facility, 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. There is hereby issued a Specific Use Permit to construct an Elementary School Facility, subject to the terms and conditions herein set forth, upon the following described'property located within the corporate limits of the City of Pearland, Texas, and presently classified within the R-1 Residential Zoning District: Lot 1 of Rustic Lane Estates Subdivision Perry & Austin Survey, Abstract III, 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 Dollars ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a sepa- rate offense. III. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the official newspaper of the City at least once within ten days after its passage on second and final reading. This Ordinance shall then become effective ten days from and after its publication, or the 2 publication of its caption and penalty, in the official City newspaper. PASSED, APPROVED, and ADOPTED on FIRST READING this day of ~ ~~ A.D. 1992 ATTEST: Pat Jones ~ 6~,.~ty Secretary this PASSED, APPROVED, and ADOPTED on SECOND AND FINAL day of / , A.D., 1992. READING ATTEST: APP~ORM: Lester Rorick, City Attorney VOTING RECORD (FIRST'READING)'AUGUST 24~' 1992 Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0.- VOTING RECORD (SECOND READING) SEPTEMBER 14, 1992 Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed,5 to O. PUBLICATION DATE: SEPTEMBER 18, 1992 EFFECTIVE DATE: SEPTEMBER 28, 1992 PUBLISHED AS REQUIRED BY SECTION 3.10.0F THE CHARTER OF THE CITY OF PEARLAND, TEXAS. RXRIBIT "A" CITY OF p(.I~HLANO LAIIII USE CIIRIIGE AI'I'L!I;fi| lull ZUII!IIG CllAtIG_[ IU'qUESILL1- ( ) Cha.ge I. I{egulatio.s In Sectto. - O0 Chuil9u F ,'0,.: ~" / UUARU Ur AUJUSIHClII' & AI,I,EAL t I'I~,UI'EIUY IUEIII IFICA[ lull: Street ur Rued Address: SUUI.II1j I'AL tltFURI.1Ar lull: 1. I.lust be in.ufesslu,allY dra,n 2. '141ulmUm scale or IOO' lu Inch' 3. fiorl;h A.'t'uv# . 4, Site map attached v/ 'v," l,'8cL Uimet~s lull " lucallu.. size, s'el~ all ~xlstl,!l structures buuftdory I tries ._ ~ LEGAL UESCI~I !'T IO!t: Describe from Ueed Irecurds, attach cupy ut' Ueed, ond use meLes a.d bou.ds description: " ., . Uiiplatted Lurid: (14ust have metes & buunds descr!l~tlun). ~'iIUI,OSEIi USE UF !.At;l)I.IIl111ll IIE_(IUESi r. I) UCSlGIl~l lull: · AGEIIT'.5 !IAZ.IE:. Z~kJ%/,5; AR, C~I~C_7~ I'E. TI11~It: As UtfiII~I~,/AGEf|T , I hereby !}etitlun Lhe City lot opln'gvol ut' t · . cles~F]lE,(l'F~i'esl; as I}ruvlded by the laws of the SLate or lexas and Urd i,ances o f the C I Ly u r I~earl a,d. / S I IjlIA i URE IAI'I'L ICAI lull IIU. III.;t~EIVi;.U IIY: EXHIBIT "B" AFFIDAVIT OF PUBLICATION Before me, the undersigned authortty,'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 day o Incorpor d,- A enl or earland ~lndep, en nt $c~o'O is for a 'Specific Permit. h z to constru a Rublic m a' hool ~ to-wit:!. ._-. ~. ' TIERJUIIIGNIDZ(IIIICC"TSIIOI'0FllE Nollce is her 9~e, that ~n lira 27m day of July, ~2. at 6~0 P.M.,. the _City Council and the Planning and Zoni Commission of the _City of Pearla~, Brazorla and Hards C~untles, Texas, STATE OF TEXAS g~.?,' !Lot 1 of Lane. E;tate, ,.,,.,o0.,. ,..... ,,.,. ,,,., ~)';01; Lane) .' At said headng all interested padies shall have !he rjgM and opportunity to ~' I/lllllf~ appear and be h~ard on Ihe subjed. Pat Jo~es City Se~etary / .., _,,E,,,, z CAqj ©1J P©©riII© d o III v */'EXA$ P. O. Box 2068 • Pearland, Texas 77588-2068 . 485-2411 September 15, 1992 THE. JOURNAL • Pearland, Texas Re: Ordinance No. 509-30 Please publish the above legal on the following date: September 18, 1992 Thank you. _ ---G7 , Pat Jones City Secretary P] Attachment CoPrinted on Recyded Paper ORDINANCE NO. 509-30 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509 , KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT AN ELEMENTARY SCHOOL FACILITY IN AN R-1, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING. TO THE SUBJECT. 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 Dollars ($1,000.00) , and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a sepa- rate offense. ./ PASSED, APPROVED, and ADOPTED on FIRST READING this �Z.y nay of , A.D. , 1992. d.,ttia...e2....e C.V. C 'nger, Zor ATTEST: Pa Jones, ty Secretary PASSED, APPROVED, and ADOPTED on SECOND AND FINAL READING this jeli( day of ate , A.D. , 1992. C.V. op n r, Mayo ATTEST: P ones, C. y Secretary APPROVED AS FORM: Lester Rorick, City Attorney VOTING RECORD (FIRST READING) AUGUST 24, 1992 Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" • - None.