Ord. 0960 06-26-00ORDINANCE NO. 960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY
OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH
STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, by virtue of Vernon's Texas Codes Annotated, Volume 3, Local
Government Code, Chapter 395 ("State Law"), the City Council has found it necessary
and appropriate to revise the City's capital improvements plan and update impact fees
to comply with the provisions of said State Law; and
WHEREAS, the City Council has employed qualified professionals to revise the
capital improvements plan and calculate updated impact fees, and has held a public
hearing, as required by State Law, at which hearing all persons desiring to be heard
were heard; and
WHEREAS, the City Council now desires to adopt the revised capital
improvements plan and levy an updated impact fee in accordance with said State Law;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The capital improvements plan, included in a study by Walsh
Engineering, Inc., entitled Water and Wastewater Impact Fee Study Update 1999
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ORDINANCE NO. 960
(the "Study"), is incorporated herein as Exhibit "A" and made a part hereof for all
purposes.
Section 3. The updated impact fee calculations, included in the Study, and
more particularly, Table 15 located at page 43, made a part hereof for all purposes,
are hereby approved and adopted.
Section 4. The impact fees set forth in the Study are hereby levied against new
development on lands located within the corporate boundaries of the City of Pearland.
The impact fees levied hereby are subject to the applicable provisions of State Law.
Section 5. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding Five Hundred
Dollars ($500.00).
Section 6. 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 7. 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.
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ORDINANCE NO. 960
Section 8. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 9. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 10. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 12`h day of June
A. D., 2000.
ATTEST:
3
QV -et
TOM REID
MAYOR
ORDINANCE NO. 960
PASSED and APPROVED ON SECOND AND FINAL READING this the 26' day
of June , A. D., 2000.
ATTEST:
NG LO
SEC ',r ARY
APPROVED AS TO FORM:
�. Mt-
DARRIN M. COKER
CITY ATTORNEY
4
flez 1)44
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
JUNE 26, 2000)
Voting "Aye" - Councilmembers Beckman, Seeger,
Marcott, and Wilkins.
Voting "No" - Councilmember Owens.
Motion passes 4 to 1.
PUBLICATION DATE: JUNE 28, 2000
EFFECTIVE DATE: JULY 8, 2000
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS