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Ord. 0220-11 2014-11-10ORDINANCE NO. 220-11 An ordinance of the city council of the city of Pearland, Texas, amending Article 2, Rates and Charges, of Chapter 30, Utilities, of the City of Pearland Code of Ordinances, as it may have been, from time to time, amended, relating to water and sewer extensions, pro rata charges, and other charges established on certain properties in the vicinity of Hawk Road and Cullen Parkway; providing a penalty for violation; having a savings clause, a severability clause, and a repealer clause; providing for codification, publication and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Article 2, Rates and Charges, of Chapter 30, Utilities, of the City of Pearland Code of Ordinances, be and the same is hereby amended by ADDING a subsection (7) to Section 30-44 (a) hereafter provide as follows: "Section 30-44. Pro Rata and Other Charges Established. (a) A charge, which shall be known as the pro rata shall be made against each lot or tract of land, and the owner thereof, whose water or sewer lines shall be hereafter connected with any water mains or sewer mains in the following manner and in accordance with procedures and service area maps promulgated by City staff: (7) Certain properties located in the vicinity of Hawk Road and Cullen Parkway. Sewer $ 778.17 per Equivalent Single Family Connection (b) In addition to the pro rata charge on water and sewer mains, the property owner must pay all other applicable charges as established by City ordinance. Section 2. That all pro rata charges made against any owner of a lot or tract of land whose water and sewer lines are connected with the City sewer mains shall be in accordance with Exhibit "A" attached hereto and incorporated herein for all purposes. ORDINANCE NO. 220-11 Section 3. 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 Two Hundred Dollars ($200.00). Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 7. 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. ORDINANCE NO. 220-11 Section 8. 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 10th day of November, A. D., 2014 ATTEST: alft UNG Y SERETAR TOM REID MAYOR RLgHO c----2c-"1 ORDINANCE NO. 220-11 PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of November, A. D., 2014. APPROVED AS TO FORM DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING November 24, 2014 Voting "Aye" — Councilmembers, Carbone, Sherman, Ordeneaux and Moore. Voting "No" - None. Motion passes 4 to 0. Councilmember Hill absent. PUBLICATION DATE: December 4, 2014 EFFECTIVE DATE: December 13, 2014 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS MCHARD RD, Ordinance No. 220-11 Exhibit "A" SERVICE AREA - 284 ESFC Service Area - 284 ESFC - Church - 44 - School - 119 - Eagle Landing - 5 - Additional Acreage - 116 Based on Future Land Use Assumptions Construction Cost - $ 221,160 Cost per ESFC = $221,160/284 = $778.17 3ROOKSIDE RD Ordinance No. 220-11 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, a true copy of Which is hereto annexed was published in said newspapers in its issue(s) of December 4, 2014. Sworn to and subscribed before me this (w- Ntar'I Public Publisher's Representative IA day of JAnua ry , 2 44. ZO I S My commission expires on /- /8 2 O /, = ,dFY �� LUCILLE GUERRA _ #' ^? Notary Public, State of Texas My Commission Expires ''; .`°'��` January 18, 2016 ORDINANCE NO. 220-11 An ordinance of the city council of the city of Pearland, Texas, amending Article 2, Rates and Charges, of Chapter 30, Utilities, of the City of Pearland Code of Ordinances, as it may have been, from time to time, amended, relating to water and sewer extensions, pro rata charges, and other charges established on certain properties in the vicinity of Hawk Road and Cullen Parkway; providing a penalty for violation; having a savings clause, a severability clause, and a repealer clause; providing for codification, publica- tion and an effective date. Section 3. 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 Two Hundred Dollars ($200.00). PASSED and APPROVED ON SECOND AND FINAL READING this the 24'h day of November, A. D., 2014. ATTEST: (Si YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM ls1 DARRIN M. COKER CITY ATTORNEY /sr TOM REID MAYOR A2L.YQ RECORD SECOND AHD FINAL READING Ncr^04o 24 2014 Voup'Ato - CwohwEv4. Cwton4. SNrtr CVO... end Wont Vang No' • Norm Motan pastes 4 to 0. Counomanar 111 absent PUBLICATION DATE: Doom**, 4. 2014 EFFECTIVE DATE: Dwn1 ., 13. 2014 PUBLISHED AS REOUBLED BY SECTION 3 10 OE THE CHARTER OF THE CITY OF PEARLANO. TEXAS