Ord. 0421-05 08-22-88ORDINANCE NO. 421-5
AN ORDINANCE AMENDING SECTION 27-4(D)(6) OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY CHANGING
THE LANGUAGE OF THE HOLD HARMLESS AGREEMENT, AND CON-
TAINING A REPEALING CLAUSE, A SAVINGS CLAUSE, A SEVER -
ABILITY CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS:
Section 1. That Section 27-4(D)(6) of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to read as follows:
Sec.
(D)
(6)
27-4. General requirements and minimum design standards.
Building Setback Lines.
In all cases which residential lots in a proposed subdivi-
sion are crossed by or come within one hundred (100) feet
of any existing oil or gas pipeline or pipeline easement,
the subdivider shall, prior to and as a condition of city
approval of the subdivision, execute the following waiver
and hold harmless agreement, which shall be duly acknow-
ledged in the manner provided by law, and which shall
thereafter be recorded in the appropriate deed or other
permanent county records:
(Subdivider) , by and through its duly under-
signed and authorized officer, does hereby state that it
fully realizes that it is applying for a permit from the
City of Pearland to build within 100 feet of an existing
oil or gas pipeline or pipeline easement and that the City
of Pearland considers building near such pipeline or pipe-
line easement to have certain inherent dangers, including,
but not limited to, explosion and release of noxious,
toxic and flammable substances. For the aforementioned
reasons, (Subdivider) does hereby RELEASE and agrees 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."
SECTION 2. If any section, sentence, phrase, clause, or any
part of any
shall, for any reason, be held invalid, such invalidity
affect the remaining portions of this Ordinance, and it
declared to be the intention of this
section, sentence, phrase, or clause,
section, sentence, phrase, or clause, of this ordinance
shall not
is hereby
City Council to have passed each
or part thereof, irrespective of
the facts that any other section, sentence, phrase
thereof, may be declared valid.
or clause, or part
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SECTION 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Ordinance No. 421-4 is hereby expressly repealed.
SECTION 4. The City Council hereby officially finds,
determines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required
by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SECTION 5. This ordinance shall take effect and be in force
from and after its passage on second and final reading.
SECTION 6. The City Secretary is hereby authorized to codify
this Ordinance.
PASSED and APPROVED on FIRST READING this 1 day of
ATTEST:
, A. D., 1988.
City SeEretary
day of
ATTEST:
Mayor
PASSED and APPROVED on SECOND and FINAL READING this
City Se etary
, A. D., 1988.
C _
Mayor
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