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Ord. 1470 2012-10-22ORDINANCE NO. 1470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. WHEREAS, the City of Pearland ("City") and Brazoria County Municipal District No. 4 entered into Strategic Partnership Agreement providing for the annexation of BCMUD No. 4 into the incorporated limits of the City on December 31, 2012; and WHEREAS, in order to provide the efficient regulation of land use for all property located in the City, the City desires to zone the property located within the boundaries of BCMUD No. 4 immediately following its annexation into the City; and WHEREAS, due to the large number of individual tracts located in BCMUD No. 4, the City appreciates and understands the challenges presented in providing adequate notice of the City's intent to zone the property using standard notice protocol; and WHEREAS, Section 211.007 (d) of the Texas Local Government Code provides that the governing body of a home -rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission; and WHEREAS, in effort to provide adequate notice of the City's intent to zone the property located within the boundaries of BCMUD No. 4, the City intends to utilize the alternate notice procedures provided for in Section 211.007 (d); now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. In accordance with Section 211.007 (d) of the Texas Local Government Code, City Council of the City of Pearland hereby adopts an alternative form of notice to be ORDINANCE NO. 1470 given of the time and place of the joint public hearing of the City Council and the Planning and Zoning Commission for the zoning of property located in BCMUD No.4; Section 2. That the legal notice establishing the time and place of the joint public hearing for the zoning of the property located within BCMUD No. 4 shall be satisfied by publication of such notice in the Pearland Reporter News before the 10th day before the hearing date for said joint public hearing. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable 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 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. 2012. PASSED and APPROVED ON FIRST READING this the 8th day of October, A.D., 2 TOM REID MAYOR ORDINANCE NO. 1470 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of October, A. D., 2012. APPROVED AS TO FORM: rt . a DARRIN M. COKER CITY ATTORNEY acq TOM REID MAYOR 3