Ord. 0736 07-22-96ORDINANCE NO. 736
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF
ELIMINATING REQUIRED APPROVAL BY BRAZORIA DRAINAGE
DISTRICT NO. 4 (FORMERLY KNOWN AS BRAZORIA COUNTY
DRAINAGE DISTRICT NO. 4) AND HARRIS COUNTY FLOOD CONTROL
DISTRICT, OF PRELIMINARY AND FINAL PLATS OF SUBDIVISIONS AND
DEVELOPMENTS WITHIN THE CITY PRIOR TO SUBMISSION OF SAID
PLATS TO THE CITY FOR THE CITY'S APPROVAL AND ACCEPTANCE
AND BRAZORIA DRAINAGE DISTRICT NO. 4'S PARTICIPATION IN
DETERMINING THE LOCATION AND WIDTH OF EASEMENTS; HAVING
A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, an increase in the City's economic growth and residential population
has resulted in extensive and rapid development in the City; and
WHEREAS, the need exists to accelerate the platting process to accommodate
said development; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 27, Subdivisions, of the City of Pearland Code of
Ordinances, is hereby amended to DELETE Section 27-3(C)(3)(a), and to DELETE
Section 27-3(D)(5)(a), for the purpose of eliminating required approval by Brazoria
Drainage District No. 4 (formerly known as Brazoria County Drainage District No. 4)
and Harris County Flood Control District, of preliminary and final plats of subdivisions
and developments within the City prior to submission of said plats to the City for the
City's approval and acceptance.
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ORDINANCE NO. 736
Section 2. That Chapter 27, Subdivisions, of the City of Pearland Code of
Ordinances, is hereby amended to DELETE the last sentence of Section 27-4(E)(3)(a)
which reads as follows:
"Location and width of easements shall be determined by Brazoria
County Drainage District Nurrlber 4."
Section 3. 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 4. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 5. 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. 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 7. 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
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ORDINANCE NO. 736
from and after its publication, or the publication of its caption and penalty, in the
official City newspaper.
PASSED and APPROVED ON FIRST READING this the oCrx%Lday of
, A. D., 1996.
ATTEST:
YOXIANDA C. BENITEZ
CITY SECRETARY
—===e)okel 1),-41
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the/dt day
, A. D., 1996.
ATTEST:
CITY SECRETARY
TOM REID
MAYOR
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ORDINANCE NO. 736
APPROVED AS TO FORM:
&-Yttib U4(./1-tc C (,tBa
AMY-MOTES McCULLOUGH
CITY ATTORNEY
VOTING RECORD (FIRST READING) JULY 22, 1996
Voting "Aye" - Councilmembers Cole, Richardson & Beckman
Voting,"No" - Wilkins
Motion passed 3 to 1. (Richard Tetens absent)
VOTING RECORD (SECOND READING) AUGUST 12, 1996
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins & Cole
Voting "No" - None
Motion passed 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE
AUGUST 21, 1996
AUGUST 30, 1996
PUBLISHED. AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS