Ord. 0421-03 08-10-87ORDINANCE NO. 421-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING SECTION 27-4 (D)
(5) AND ADDING A NEW SECTION 27-4 (D)(6) TO
THE CITY CODE OF ORDINANCES, REQUIRING A
WAIVER AND HOLD HARMLESS AGREEMENT TO BE
EXECUTED BY A DEVELOPER IN CASES WHERE LOTS
COME WITHIN 100 FEET OF AN EXISTING PIPELINE
OR PIPELINE EASEMENT; HAVING A SAVINGS CLAUSE;
HAVING A REPEALER CLAUSE; PROVIDING FOR CODI-
FICATION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 27-4 (D)(5) of the Code of Ordi-
nances of the City of Pearland, Texas, shall be, and the same is
hereby amended and shall hereafter read as follows:
"(5) Where residential lots back upon industrial areas or
other land uses which may pose a hazardous effect on
the residential property, an additional building set-
back may be required by the City."
Section 2. That Section 27-4 (D) of the Code of Ordi-
nances of the City of Pearland, Texas, shall be, and the same is
hereby further amended by adding a new subsection (6) thereto,
which shall hereafter read as follows:
"(6) In all cases in which residential lots in a proposed
subdivision are crossed by, or come within one hundred
feet (100') 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 agree-
ment, 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 fully realize that the following
lots:
[recite lot and block numbers in subdivision]
are crossed by, or come within one hundred feet
of, an existing oil or gas pipeline or pipeline
easement; and that I do hereby RELEASE and agree
to forever HOLD HARMLESS the City of Pearland,
Texas, its officers, successors and assigns from
all liability arising from its approval of the
subdivision of the abovesaid lots coming within
one hundred feet of, or being crossed by, a pipe-
line or pipeline easement.' "
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. 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 herein.
Section 6. 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
publication of its caption, in the official City newspaper.
of
PASSED AND APPROVED on first reading this the all day
ATTEST:
, 1987.
Mayor
City Se retary
PASSED AND APPROVED on second and final reading this the
/9
ATTEST:
day of
City S cttary
APPROVED AS TO FORM:
, 1987.
2ty
Attorney
Mayor
VOTING RECORD (FIRST READING) JULY 27, 1987
Voting "Aye" - Councilmembers Mack, Frauen-
berger, Bost, and Roberts.
Voting "No" - None
VOTING RECORD (SECOND READING) AUGUST 10, 1987
Voting "Aye" - Councilmembers Mack, Frauenber-
ger, Bost and Roberts.
Voting "No" - Councilmember Tetens
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.