Ord. 0224-01C 08-10-87ORDINANCE NO. 224-1C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING SECTION 7-17 OF
THE CITY CODE OF ORDINANCES BY ADDING A NEW
SUBSECTION (c) THERETO, REQUIRING A WAIVER
AND HOLD HARMLESS AGREEMENT TO BE EXECUTED BY
PERSONS WISHING TO BUILD WITHIN 100 FEET OF
AN EXISTING PIPELINE OR PIPELINE EASEMENT;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 7-17 (Permit Required) of the
Code of Ordinances of the City of Pearland, Texas, shall be and
the same is hereby amended by adding a new subsection (c) thereto,
which shall hereafter read as follows:
"Sec. 7-17. Permit required.
(c) Any person, firm or corporation wishing to obtain
a building permit for the erection, construction, reconstruc-
tion, or expansion of any structure, of which any portion of
such erection, construction, reconstruction or expansion would
occur within one hundred feet (100') of any existing oil or
gas pipeline or pipeline easement shall, prior to and as a
condition of the issuance of such building permit, execute
the following waiver and hold harmless agreement, which shall
be duly acknowledged in the manner provided by law, and which
shall thereafter be recorded in the appropriate deed or other
permanent county records:
I, (applicant) , do hereby state, on my oath,
that I fully realize that I am applying for a permit
from the City of Pearland to build within 100 feet
of an existing oil or gas pipeline or pipeline ease-
ment; that I am fully aware of the dangers inherent
in building near such pipeline or pipeline easement,
including but not limited to explosion and release of
noxious, toxic and flammable substances.; and further,
that I do hereby RELEASE and agree to forever HOLD
HARMLESS the City of Pearland, Texas, its officers,
successors and assigns from all liability in any way
arising from the building, use or habitation of the
structure described in the said permit.'
No such permit shall be issued where the proposed construction
will constitute a violation of dedicated easement rights, and
any permit so issued in error shall be void ab initio."
Section 2. 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.
Section 3. All Ordinances and parts of Ordinances in
conflict herewith are hereby repealed, but only to the extent of
such conflict.
Section 4. It is the intent of the City Council of the
City of Pearland, Texas that this Ordinance shall be codified in
the City's official Code of Ordinances, as provided herein.
Section 5. The City Secretary shall cause this Ordinance
or its caption to be published at least once within ten (10) days
from and after its passage on second and final reading, in the
official newspaper of the City. This Ordinance shall then become
effective ten (10) days from and after its publication, or the pub-
lication of its caption, in the official City newspaper.
of
ATTEST:
PASSED AND APPROVED on first reading this the .2 7 day
0 V
1987.
Mayor
City St�cretary
PASSED AND APPROVED on second and final reading this the
�L) day of , 1987.
ATTEST:
City Se retary
APPROVED AS TO FORM:
etdey/sq
r
Mayor
VOTING RECORD (FIRST READING) JULY 27, 1987
Voting "Aye" - Councilmembers Roberts, Bost,
Frauenberger, and Mack.
Voting "No" - None
VOTING RECORD (SECOND READING) AUGUST 10,1987
Voting "Aye" - Councilmembers Mack, Frauenberger,
Tetens, Bost, and Roberts.
Voting "No" - None
PUBLICATION DATE: AUGUST 14, 1987
EFFECTIVE DATE: AUGUST 24, 1987
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE
CHARTER OF THE CITY OF PEARLAND, TEXAS.