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Ord. 0224-01B 07-22-85ORDINANCE NO. 224-1B AN ORDINANCE AMENDING SECTION 7-17 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; REQUIRING PERMIT BEFORE ERECTING OR CONSTRUCTING OR PREPARING TO ERECT OR CONSTRUCT ANY BUILDING OR STRUCTURE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Section 7-17 of the Code of Ordinances of the City of Pearland, Texas, shall be and is hereby amended and shall read as follows: "Section 7-17. Permit required. (a) It shall be unlawful for any person within the city limits or extraterritorial jurisdiction of the city to commence construction or excavation for construction of any building or structure, including accessory buildings, or to commence the erection, reconstruction, conversion, alteration or moving or any building or structure, including accessory buildings, until the building inspector has issued a building permit for such work. Except upon written authorization of the City Council, no such building permit shall be issued for any building or structure where the construction, reconstruction, conversion, moving, alteration or use thereof would be in violation of any provision of this chapter or of the code adopted by this article. (b) No building permit shall be issued, except by permission of the City Council, for any building or structure, including accessory buildings, where said building, structure or accessory buildings would be situated upon any lot, plot, tract or parcel of land less than the original size of said lot, plot, tract or parcel of land as previously platted or replatted." Section 2. Any person, firm or corporation who violates or fails to comply with the requirements and provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent juris- diction, be punished as provided in Section 1-11 of the City Code of Ordinances. Section 3. 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 juris- diction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or the remaining portions thereof. Section 4. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 5. 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 hereinabove. Section 6. The City Secretary shall cause this Ordinance or its caption and penalty to be published in the official newspaper of the City of Pearland, Texas, at least once within ten (10) days after the passage of such Ordinance. This Ordinance shall then become effective ten (10) days 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 day of ATTEST: 7 City cretary , A.D. 1985. Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this the 022, day of Mayor, City of Pearland, Texas ATTEST: Cit�retary APPROVED AS TO FORM: :462 ty A orney VOTING RECORD (FIRST READING) July 8, 1985 Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Tetens and Councilman Lentz. Voting "No" - None VOTING RECORD (SECOND READING) July 22, 1985 Voting "Aye" - Councilman Lentz, Councilman Bost, Councilman Frauenberger and Councilman Gray. Voting "No" - None PUBLICATION DATE: JULY 31, 1985 EFFECTIVE DATE: AUGUST 10, 1985 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.