Ord. 1193 01-10-05ORDINANCE NO. 1193
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 E. CIRCLE
DRIVE FROM FM 518 TO 3404 E. CIRCLE DRIVE; 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 E. Circle Drive from FM 518 to 3403 E.
Circle Drive.
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 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.
ORDINANCE NO. 1193
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hereby repealed but only to the extent of such conflict.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. 1193
PASSED and APPROVED ON the FIRST AND ONLY READING this the 10th day
of January , A. D., 2005.
ATTEST:
UNG
TY
SECRET
ARY
C
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
January 10, 2005
Voting "Aye" - Councilmembers Tetens, Owens, Viktorin,
Marcott, and Cole.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: January 12, 2005
EFFECTIVE DATE: January 22, 2005
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
DEC-15-04 THU 02:04 AM TRAF.D.ATA-ALTH
S15653013 P.02
TDAITraff Data & Associates. Inc.
a
Traffic Engineering Advocacy Group
(713) 446-8167
October 21, 2004
Mr. Louis Robertson
Superintendent Public Works
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Parking Investigation along 3403 E. Circle Drive
Dear Mr. Roberston:
Based on field investigation conducted by Traff Data and Associates, Inc., during the weekday
and weekend, it was determined that parking should be restricted from the intersection of FM
518 to 3403 E. Circle. This restriction would ameliorate the potential conflicts associated with
high turning movements from the restaurant and car wash, while providing safe and efficient
traffic operation for the motoring public.
Respectfully Submitted
Traff Data and Associates, Inc.
10101 Fondren, Suite 427, Houston, Texas 77096
(713)772-2541
P.O.BOX 963 . Sugar Land, Texas 77478
Ph. (713)446-8167 Fax
E-mail: tdaiengineers@aol.com
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 & Galveston Counties, for / issues, as follows:
No. / Date / AL- 20 0J
No Date 20
No. Date 20
No Date 20
No. Date 20
President
Subscribe and sworn to before me this /3 day of
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LAEJRA ANN EMMONS •
Notary Public, State of Texas •
Commission Expires 09-09-2006
....•.•.... •:..
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Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 12, 2005
ORDINANCE NO.1193
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, ESTABUSHING A
NO PARKING ZONE
WITHIN THE CORPORATE
LIMITS OF THE CITY OF
PEARLAND UPON E. CIR-
CLE DRIVE FROM FM 518
TO 3404 E. CIRCLE
DRIVE; PROVIDING A
PENALTY FOR VIOLA-
TION; CONTAINING A
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.
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).
PASSED and APPROVED
ON the FIRST AND ONLY
READING this the 10th
day of January A.D., 2005.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD FIRST
AND ONLY READING
January 10, 2005
Voting "Aye" - Councilmem-
bers Tetens, Owens,
Viktorin, Marcott, and Cole
Voting "No" - None.
Motion Passes 5 to 0.
PUBLICATION DATE:
January 12, 2005
EFFECTIVE DATE:
JANUARY 22, 2005
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
faan
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 & Galveston Counties, for / issues, as follows:
No. / Date / Z 20
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
;ommissor Expires 09-09-100
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 12, 2005
NOTICE OF PUBLIC
HEARING ON THE
LEGALS
NO PARKING ZON
WITHIN THE CORPORAT
LIMITS OF THE CITY 0
PEARLAND UPON E. CIF
CLE DRIVE FROM FM 51
TO 3404 E. CIRCLI
DRIVE; PROVIDING s
PENALTY FOR VIOLA
TION; CONTAINING A
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 BENEFI1
OF THE TRAVELING PUB-
LIC AND, THEREFORE,
BEARS DIRECTLY UPON
THE HEALTH, SAFETY
AND WELFARE OF THE
CITIZENRY.
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).
PASSED and APPROVED
ON the FIRST AND ONLY
READING this the 10th
day of January A.D., 2005.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD FIRST
AND ONLY READING
January 10, 2005
Voting "Aye" - Councilmem-
bers Tetens, Owens,
Viktorin, Marcott, and Cole
Voting "No" - None.
Motion Passes 5 to 0.
PUBLICATION DATE:
January 12, 2005
EFFECTIVE DATE:
JANUARY 22, 2005
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS