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Ord. 1293 2006-09-05ORDINANCE NO. 1293 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 FM 1128 APPROXIMATELY THREE HUNDRED FEET (300') NORTH OF COUNTY ROAD 101 (BAILEY ROAD) TO APPROXIMATELY ONE THOUSAND FIVE HUNDRED FEET (1500') NORTH OF COUNTY ROAD 101; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION; 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 FM 1128 approximately three hundred feet (300') north of County Road 101 to approximately one thousand five hundred feet (1500') north of County Road 101. 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. 1293 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. 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. 1293 PASSED and APPROVED on First and Only Reading this the 5th day of September, A.D., 2006. ATTEST: G ITY '' CRETAR APPROVED AS TO FORM: 1214,, 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 1, Lloyd Morrow, hereby. certify that the notice hereby appended was. published in THE. REPORTER .NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for issues, as follows: No. i Date /3 20 R No. Date 20 No. Date 20 No. . Date 20 No. Date 20 Subscribe and sworn to before me this 20— ►';k ��. LAURA ANN EMMONS Notary Pubfc, State of Texas • My Commission Expires 09-09-2010 • ............. day of Laura Ann .Emmons, Publisher Notary Public, State of Texas nwlitnnnrn1 I; li II I 'I� ' Published Sept. 13, 2006 ORDINANCE NO.1293 AN ORDINANCE OF THE CITY COUNCIL OF THE . CITY OF PEARLAND, TEXAS, ESTABLISHING A o . NO PARKING ZONE WITH- IN THE CORPORATE LIM- ITS OF THE CITY OF PEARLAND UPON FM 1128 APPROXIMATELY THREE HUNDREDFEET (300');NORTH OF COUNTY ROAD 101 (BAILEY ROAD) TO APPROXI- MATELY'ONE THOUSAND FIVE HUNDRED FEET (1500') NORTH OF COUN- TY ROAD 101; PROVIDING A PENALTY FOR VIOLA- TION; CONTAINING A SAVINGS CLAUSE, A SEV- ERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE, FOR PUBLI- • • CATION; AND DECLAR- ING AN EMERGENCY; BECAUSE THE NEED -TO ESTABLISH "NO PARK- ING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS t DIRECTLY- UPON' THE - HEALTH, SAFETY AND WELFARE OF THE CITI- f ZENRY. I. Section 2. Penalty. Any ' 1 person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of1 ; competent jurisdiction, be punished by a -fine in any sum, not exceeding Two 1 Hundred Dollars ($200.00). , 'PASSED and APPROVED; on First and Only Reading this the 5th day of September, A.D., • 2006. /s/ Tom Reid Mayor • ATTEST: /s/ Young Lorfing, TRMC j City Secretary , APPROVED AS TO' FORM: ' Isl Darrin M. Coker City Attorney VOTING RECORD FIRST I AND ONLY READING SEPTEMBER 5, 2006 Voting "Aye" - Councilmembers 'Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" — None. • Motion passed 5 to 0.• PUBLICATION DATE: September 13, 2006/' EFFECTIVE DATE/ September 22, 2006 PUBLISHED - -= AS REQUIRED BY SECTION I 3.10 OF THE CHARTER OF • THE CITY OF' PEARLAND, 1 TEXAS