Ord. 1391 2010-02-08 ORDINANCE NO. 1391
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
TEMPORARILY ALTERING THE CITY'S RESIDENTIAL WASTEWATER
CAP CALCULATION; HAVING A SAVINGS CLAUSE; AND HAVING A
SEVERABILITY CLAUSE.
WHEREAS, the City of Pearland, Texas, (herein the "City being a home -rule
city, is responsible for regulating the general welfare of the citizens of the City; and
WHEREAS, the City Council finds that the extreme freezing weather in the
month of January 2010 led to broken pipes, irrigation systems and dripping faucets
which resulted in higher than normal water consumption in January; and
WHEREAS, the City typically utilizes the three month average water
consumption for December through February to establish the Residential Wastewater
Cap for the remainder of the year; and
WHEREAS, in order to achieve a more equitable calculation, the City desires to
exclude January's water consumption from the calculation of the Residential
Wastewater Cap.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS:
Section 1. The calculation of the Residential Wastewater Cap, as provided for in City
of Pearland Ordinance No.1358 -3, is hereby temporarily amended (for Calendar year
2010 only) to allow the average residential wastewater consumption to be based on the
months of December 2009 and February 2010.
Section 2. 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.
ORDINANCE NO. 1391
Section 3. Severability. Should any section or part of this ordinance be held
unconstitutional, illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portion or portions thereof; but as to such remaining portion or portions, the
same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
PASSED and APPROVED on First Reading this the 25 day of January, A. D.,
2010.
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TOM REID
MAYOR
ATTEST:
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YS 'ETARY
PASSED and APPROVED on Second and Final Reading this the 8 day of
February, A. D., 2010.
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TOM REID
MAYOR
ATTEST:
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Y SE ETARY
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ORDINANCE NO. 1391
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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