Ord. 0220-9A 2008-06-23ORDINANCE NO. 220-9A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ARTICLE 2, RATES AND CHARGES, OF
CHAPTER 30, UT/L/T/ES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, RELATING TO WATER AND SEWER EXTENSIONS,
PRO RATA CHARGES, AND OTHER CHARGES ESTABLISHED;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
FAIRLY DISTRIBUTE THE COST OF EXTENDING WATER AND SEWER
LINES WHERE THOSE SERVICES ARE NOT AVAILABLE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Article 2, Rates and Charges, of Chapter 30, Uti/ities, of the
City of Pearland Code of Ordinances, be and the same is hereby amended by ADDING
subsection (6) to Section 30-44 (a) hereafter provide as follows:
"Section 30-44. Pro Rata and Other Charges Established.
(a) A charge, which shall be known as the pro rata shall be made against each lot or
tract of land, and the owner thereof, whose water or sewer lines shall be
hereafter connected with any water mains or sewer mains in the following
manner and in accordance with procedures and service area maps promulgated
by City staff:
(6) Promenade Shops Drive south of North Spectrum Boulevard,
Spectrum Boulevard between Promenade Shops Drive and SH 288,
north along the SH 288 Frontage Road and east along the Beltway 8
Frontage Road to Fellows Road.
Water $ 18.30 per linear foot
Sewer $ 11.40 per linear foot
(b) In addition to the pro rata charge on water and sewer mains, the property owner
must pay all other applicable charges as established by City ordinance.
ORDINANCE NO. 220-9A
Section 2. That all pro rata charges made against any owner of a lot or tract of
land whose water and sewer lines are connected with the City water and sewer mains shall
be in accordance with Exhibit "A" attached hereto and incorporated herein for all purposes.
Section 3. 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
Two Hundred Dollars ($200.00).
Section 4. Declaration of Emergency. The Council finds and determines that
the need to fairly distribute the cost of extending water and sewer lines where those
services are not available 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 5. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 6. 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.
ORDINANCE NO. 220-9A
Section 7. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 8. 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 9. 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 (1 O) days from and after its publication, or the publication of its caption and penalty, in
the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 23~d day of June, A.
D.. 2008
ATTEST:
TOM REID
MAYOR
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ORDINANCE NO. 220-9A
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
JUNE 23. 2008
Voting "Aye"- Councilmembers Owens, Saboe, Beckman
Kyle, and Cole.
Voting "NO"- None.
Motion passed 5 to O.
PUBLICATION DATE: June 25. 2008
EFFECTIVE DATE: July 4, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAN D, TEXAS
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The • Pearfand Reporter News.
2404. -south Park
Pearfand, Texas 77581
State of Texas
Brazoria and Harris Counties
I, -Lloyd Morrow, hereby certify that the notice hereby appendedwas
in THE REPORTER NEWS, a news P .a p erof general . circulation inpublished
p Brazoria, Harris .
issues, as follows:
Date -% - L
Date
Date'
Date
Date
Subscribd and sworn to. before me this
day of
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LAURA ANN EMA
Notary Public, Sta` -
My Commission ExpirTr nq- 1
LauraA,nn Emmons, Publisher .�.
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Notary Public, State of Texas .
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Published July 2 and Julj
9, 2008
ORDINANCE NO. 220-94
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND
TEXAS, AMENDIN(
ARTICLE 2, RATES ANI
CHARGES, OF CHAF}
TER 30, UTILITIES, 01
THE CITY 01
PEARLAND CODE .01
ORDINANCES, AS Il
MAY HAVE BEEN, FROIV
TIME TO TIME, AMEND;
ED, RELATING TO.
WATER AND SEWER
EXTENSIONS, PRO''
RATA CHARGES, AND;
OTHER CHARGES
ESTABLISHED; PROVID-
ING A PENALTY FOR
VIOLATION; HAVING A
SAVINGS CLAUSE, A
SEVERABILITY CLAUSE,
AND .A REPEALER,
CLAUSE; ,PROVIDING
FOR CODIFICATION,
PUBLICA-'TION AND AN
EFFECTIVE DATE; AND
DECLARING AN EMER-
GENCY BECAUSE THE
NEED TO FAIRLY DIS- '
TRIBUTE THE COST OF
EXTENDING WATER '
AND SEWER LINES •
WHERE THOSE SER-
VICES ARE NOT AVAIL-
ABLE INURES TO THE
BENEFIT OF THE PUB-
LIC
AND, THEREFORE,
BEARS DIRECTLY UPON
THE HEALTH, SAFETY
AND WELFARE OF THE
CITIZENRY.
Section 3: "Penalty. --Any
person who shall violate
the provisions of this sec-
tion shall be deemed guilty
of a .misdemeanor and
shall, upon conviction by a
court of competent juris-
diction, be punished by a
fine in any sum not
exceeding Two Hundred
Dollars ($200.00).
PASSED and APPROVED
on First and Only Reading
this the_23rd day of June,
A. D.,"2008
TOM REID
MAYOR
ATTEST:
YOUNG LORFING; . I
TRMC
CITY SECRETARY
APPROVED AS • TO
FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST
AND ONLY READING
JUNE 23, 2008
Voting "Aye" -
Councilmembers Owens,
Saboe, Beckman, Kyle
and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE :
July 2, 2008
EFFECTIVE DATE:
July 11, 2008
PUBLISHED AS
REQUIRED. BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS j