Ord. 0421-06 06-08-92QRDINANCE NO. 421-6
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF
PEARLANDING
SECTION 27-10 FOR THE PURPOSE OF�ESTABLISHINGNRULESYANDD
PRO-
CEDURES
CLAUSE ANEFFECTIVE �NDATEA SAVINGS CLAUSE, A
SEVERABILIITYAUSEAN
WHEREAS, Section 212.016 of the Local Government Code authorizes
a municipal authority responsible for approving plats to approve and
issue an amending plat under certain circumstances;
WHEREAS, the Planning and Zoning Commission has recommended to
the City Council that provisions of the aforementioned statute be
adopted insofar as they pertain to areas of the City zoned R-1, R-2,
R-3, R-4, or MF; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. The Code of Ordinances of City of Pearland, as the
same may have been heretofore from time to time amended, is further
amended at Chapter 27, Subdivisions, by the inclusion of a new Section
27-10, which shall hereafter read as follows:
"Sec. 27-10. Amending Plat.
(a) The Planning and Zoning Commission may approve and issue an
amending plat, which may be recorded and is controlling over
the preceding plat without vacation of that plat, if the
amending plat is signed by the applicants only and is solely
for one or more of the following purposes:
(1) to correct an error in a course or distance shown on
the preceding plat;
(2) to add a course or distance that was omitted on the
preceding plat;
(3) to correct an error in a real property description
shown on the preceding plat;
(4) to indicate monuments set after the death, disability,
or retirement from practice of the engineer or surveyor
responsible for setting monuments;
(5) to show the location or character of a monument that
has been changed in location or character or that is
shown incorrectly as to location or character on the
preceding plat;
(6) to correct any other type of scrivener or clerical
error or omission previously approved by the municipal
authority responsible for approving plats, including
lot numbers, acreage, street names, and identification
of adjacent recorded plats;
•
(7) to correct an error in courses and distances of lot
lines between two adjacent lots if:
(A) both lot owners join in the application for amend-
ing the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded
covenants or restrictions; and
(D) the amendment does not have a material adverse
effect on the property rights of the other owners
in the plat;
(8) to relocate a lot line to eliminate an inadvertent
encroachment of a building or other improvement on a
lot line or easement;
(9) to relocate one or more lot lines between one or more
adjacent lots if:
(A) the owners of all those lots join in the applica-
tion for amending the plat;
(B) the amendment does not attempt to remove recorded
covenants or restrictions; and
(C) the amendment does not increase the number of
lots; or
(10) to make necessary changes to the preceding plat to
create six or fewer lots in the subdivision or a part
of the subdivision covered by the preceding plat if:
(A) the changes do not affect applicable zoning and
other regulations of the municipality;
(B) the changes do not attempt to amend or remove any
covenants or restrictions; and
(C) the area covered by the changes is located in an
area that the planning commission has approved,
after a public hearing, as a residential improve-
ment area.
(b) Notice, a hearing, and the approval of other lot owners are
not required for the approval and issuance of an amending
plat.
(c) An amending plat does not require the approval of the Drain-
age Commission.
(d) The provisions of this section shall be applicable only to
those areas of the City which are, or may hereafter be,
zoned as R-1, R-2, R-3, R-4, or MF."
Section 2. All rights and remedies which have accrued in the
favor of the City under its Subdivision Ordinance, and amendments
thereto, shall be and are preserved for the benefit of the City.
2
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 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 4. This Ordinance shall become effective upon passage of
Second Reading.
PASSED and APPROVED on First Reading this 2-7 day of
A. D., 1992.
4://e‘l!
C. V. CO I ER
MAYOR
ATTEST:
PAT JOKES
CITY SECRET Y
PASSED and APPROVED on Second and Final Reading this
A. D., 1992.
ATTEST:
PATONES
CITY SECRETARY
APPROVED AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
day of
C.
CV.CO rJ��
MAYOR 6
3