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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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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 200 -- ..•1', • . • • • • • • • .'1; •r1. • LAEJRA ANN EMMONS • Notary Public, State of Texas • Commission Expires 09-09-2006 ....•.•.... •:.. ..••,,.s...1: 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