Ord. 0443-01 (A) 2014-10-27ORDINANCE NO. 443-1
An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 30, Article III, Sewers, of the
City of Pearland Code of Ordinances, for the; having a savings
clause, a severability clause, and a repealer clause; providing
for publication, codification, and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 30, Article III, Sewers, of the City of Pearland
Code of Ordinances, is hereby amended, to read as follows:
Section 30-65. Compliance with existing authority.
(a) Unless exception is granted by the approving authority, the public sanitary
sewer system shall be used by all persons discharging;
(1) Wastewater;
(2) Industrial waste;
(3) Polluted liquids.
(b) Unless authorized by the Texas Commission on Environmental QualityTexas
ter Resource, no person may deposit or discharge any
waste included in subsection (a) of this section on public or private property or
into or adjacent to any:
(1) Natural outlet;
(2) Watercourse;
(3) Storm sewer;
(4) Other area within the jurisdiction of the city.
(c) The approving authority shall verify, prior to discharge, that any waste
authorized to be discharged will receive suitable treatment within the
provisions of laws, regulations, ordinances, rules and orders of federal. state
and local governments. The approving authority shall have the discretion to
authorize discharges of waste that exceed the allowable concentrations
contained in this Chapter if the approving authority determines that such
ORDINANCE NO. 443-1
discharges will not negatively impact City facilities, processes or equipment,
and that the discharges do not create a hazard to life or health, or create a
public nuisance.
Section 2. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any sum not more than Two Hundred Dollars ($200).
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. 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 6. 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.
2
ORDINANCE NO. 443-1
Section 7. Declaration of Emergency. The Council finds and
determines that the need to regulate the proliferation of junked vehicles inures to
the benefit of the public and, therefore, bears directly upon the health, safety and
welfare of the citizenry; and that this ordinance shall be adopted as an
emergency measure, and that the rule requiring this ordinance to be read on two
(2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED ON FIRST READING this the 13th day of October,
A.D.. 2014.
ATTEST:
APPROVED AS TO FORM:
Crr
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
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V.:
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ORDINANCE NO. 443-1
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day
of October, A. D., 2014.
UNG
ITY S cV RETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
October 27, 2014
Voting "Aye" — Councilmembers, Carbone,
Sherman. Hill, Ordeneaux and Moore.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE.
October 30, 2014
November 9, 2014
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF
PEARLAND, TEXAS
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 October 30, 2014.
Sworn to and subscribed before me this
Notary Public
My commission expires on
ublisher's Representative
V day of ) 6V . ,2014.
1.17 )(a
ORDINANCE NO. 443-1
An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 30, Article III, Sewers, of the
City of Pearland Code of Ordinances, for the; having
a savings clause, a severability clause, and a repealer
clause; providing for publication, codification, and an
effective date.
Section 2. Penalty. Any person violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined
in any sum not more than Two Hundred Dollars ($200).
PASSED and APPROVED ON SECOND AND FINAL
READING this the 27't' day of October, A. D., 2014.
ATTEST
YOUNG LORFING. TRMC
CITY SECRETARY
APPROVED AS TO FORM
i$r
TOM REID
MAYOR
ygiingigsgaufsgrigAtizENN.L6DitG
OcTobar 27 2414
Vo9 9 •Aye• . CouncrHTem Den. Carbone. Sherman
Ordeneaux oar Moore.
Voting No • None.
MDDon passe 5 to 0
PUBLICATION DATE October 30. 2014
EFFECTIVE DATE, November 9. 2014
DARRIN M. COKER PUBLISHED AS REOUIRED BY SECTION 310
CITY ATTORNE
OF THE CHARTER Of THE CITY OF PEARIAND. TEXAS