Ord. 0421-04 07-25-88dal- 5
ORDINANCE NO. 't2 --T
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 CONTAINING A
REPEALING CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY 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. 27-4. General requirements and minimum design
standards.
(D) Building Setback Lines.
(6) In all cases which residential lots in a proposed
subdivision are crossed by or come within one hundred (100)
feet of any existing oil or gas pipeline or pipeline ease-
ment, 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
acknowledged in the manner provided by law, and which shall
thereafter be recorded in the appropriate deed or other
permanent county records:
"I (subdivider), do hereby state, on my oath, that i euflly
reali that I am applying for a permit from t ity of
Pearlan build within 100 feet of an ex' g oil or gas
pipeline or line easement; tha m fully aware of the
dangers inherent ifr wilding such pipeline or pipeline
easement, including bu o imited to explosion and release
of noxious, toxic f ammable substances; and further,
that I do hereb LEASE and agree`to forever HOLD HARMLESS
the City of earland, Texas, its officers, successors, and
assigns om all liability in any way-'arjsing from the
build' g, use or habitation of the structure -described in
t said permit.
SECTION 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordi-
nance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the facts that any other section,
sentence, phrase or clause, or part thereof, may be declared
valid.
SECTION 3. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such con-
flict. ar. no./701-4,;0
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 the // day of
, A.D., 1988.
TOM REID, MAYOR
ATTEST:
itetAW
KAY KR SE, CITY SECRETARY
PASSED AND APPROVED on SECOND AND FINAL READING this c1.5
day of
, A.D., 1988.
TOM REID, MAYOR
ATTEST:
t,
KAY KRO[JSE, CITY SECRETARY
APPROVED
/ dirsuAdAsi;wmg-
'i
ROBERT E. TAL T%N
TORNEY
S TO FORM:
INTERIM CITY
P1:9