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Ord. 1080A 09-13-04ORDINANCE NO. 1080A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER DRIVE IN A NORTHERLY DIRECTION FROM THE REGENCY PARK DITCH TO PLUM STREET, PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH "NO PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Section 29-263 of the City's Code of Ordinances provides, in part, that the City may, with reference to roadways under their jurisdiction, prohibit parking on certain streets; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, a "No Parking" zone is hereby established upon Schleider Drive in a northerly direction from the Regency Park Ditch to Plum Street from 7:30 a.m. to 4:30 p.m., Monday thru Friday. Section 2. 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 3. Declaration of Emergency. The Council finds and determines that the need to establish "No Parking" zones inures to the benefit of the traveling public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this ORDINANCE NO. 1080A 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. Section 4. 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 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. 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. 2 ORDINANCE NO. 1080A PASSED and APPROVED on First and Only Reading this the 13th day of September , A.D., 2004. ATTEST: NG L Y SE TARY APPROVED AS TO FORM: 614 DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR AFFIDAVIT OF PUBLICATION The Pearland Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris &. issues, Galveston Counties for / es, as folios: No. / Date 20.14_ No. Date 20 No. Date 20 No. Date 20 No. Date 20 ;Subscribe and sworn to before me this LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 rh 01-4-- President day of Laura Ann Emmons, Publisher' Notary Public, State of Texas ,. /o o Published Sept. 22, 2004 ORDINANCE NO. 1080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER DRIVE IN A NORTHERLY DIRECTION FROM THE REGENCY PARK DITCH TO PLUM STREET, PROVIDING A PENALTY FOR VIOLA- TION; CONTAINING A e 0 e SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMER- GENCY BECAUSE THE NEED TO ESTABLISH "NO PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUB- LIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: $ection 1, Pursuant to the grant of authority contained in the preamble hereof, a "No Parking" zone is hereby established upon $chleider Drive in a northerly direction from the Regency Park Ditch to Plum Street from 7:30 a.m. to 4:30 p.m., Monday thru Friday. Section2, 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 First and Only READING this the 13th day of September , A. Q..,.2004. /s/ TOM REID MAYOR VOTING RECORD FIRST AND ONLY READING SEPTEMBER 13.20r Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: September 22, 2004 EFFECTIVE DATE: October 2, 2004 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS ATTEST: /s/ YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO'FORM /s/ DARRIN M. COKER CITY ATTORNEY Ye