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Ord. 0374-5 2024-05-13 ORDINANCE NO. 374-5 An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 31, Wrecker Service, of the City of Pearland Code of Ordinances in its entirety, as it may have been, from time to time; having a savings clause, a severability clause, a penalty clause, and a repealer clause; providing for codification and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 31, Wrecker Service, of the City of Pearland Code of Ordinances, is hereby amended in its entirety to read as follows: “Chapter 31- Tow Truck Service Sec. 31-1. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director shall mean the person designated by the City Manager of the City of Pearland who shall administer the rules and regulations set forth by this chapter. Emergency heavy-duty tow truck shall mean a tow truck having a gross vehicle weight of twenty-six thousand one (26,001) pounds or more. A heavy-duty tow truck shall not operate as an emergency tow truck, but may operate as a private tow truck, contracted by the owner(s)/operator(s) or the city to tow heavy disabled, wrecked, or illegally parked vehicle. Emergency tow truck shall mean a tow truck having a gross vehicle weight of twenty- six thousand (26,000) pounds or less, which holds a valid emergency tow truck permit from DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 2 the city, and which lawfully appears at the scene of a motor vehicle crash or other police incident for the purpose or in expectation of towing, removing, or hauling away the vehicle from the police incident site. Emergency tow truck permit shall mean a permit issued by the City to operate an emergency tow truck or an emergency heavy duty tow truck as defined by this chapter. Unless otherwise indicated, a reference to a permit in this chapter refers to an emergency tow truck permit. Owner where used in connection with the person(s) issued a permit under this chapter, shall be construed to mean any person, or his/her agent, engaged in the business of storing or towing vehicles for hire and who owns or is entitled to use any emergency tow truck or emergency heavy duty tow truck, and who uses the same in the conduct of his/her business or any part thereof. The term "owner" shall extend and be applied to associations, corporations, firms and partnerships as well as individuals. Police incident shall mean any incident management tow scene requiring police involvement or where peace officers are exercising responsibility or authority. Tow truck driver means any individual who drives and/or an individual who performs any tow-related function at an incident on the streets of the city, either on his/her own account or in the employ of another. Sec. 31-2. - Permit required; presumption in prosecution for violation of permit required. (a) It shall be unlawful for any person to drive, operate, or cause to be driven any tow truck upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or incident to obtaining the business of storing, towing or DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 3 repairing such wrecked or disabled vehicles, away from a police incident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked or disabled in any manner, without having first obtained a permit from the city, duly issued under this chapter to such person to operate an emergency tow truck on the streets of the city. (b) In any prosecution for a violation of subsection (a) above, proof a tow truck, for which a permit has not been issued, was present at the scene of a collision in which a vehicle was wrecked or disabled shall constitute prima facie evidence such tow truck driver was operating or causing to be operated his/her tow truck without a permit (c) It shall be an exception to the application of subsection (a) above, for a tow truck to tow a vehicle from a police incident without a valid permit if said tow truck was summoned by the police department pursuant to subsection 31-13(c). Sec. 31-3. - Application for City permit. Any applicant desiring to operate an emergency tow truck or emergency heavy duty tow truck in the city shall make application to the director for a permit. Such application shall be submitted on a form to be obtained from the director, and the applicant shall furnish the following proof and information with his/her application, which shall be sworn to before a notary public: (1) That the applicant is legally authorized to work in the United States, has attained the age of eighteen (18) years, and is able to read and write the English language. (2) The name and business address of the applicant shall be stated and if the tow truck is to be operated under the name of some other company, the name of the applicant and the name of the company shall be stated. If an individual, the application shall so state. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 4 If a partnership, the partnership's name, and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name, and office address shall be given, together with the name and address of the principal officer of the corporation. When a partnership or corporation applies for a permit under this chapter, all the provisions and requirements applicable to persons shall apply to and be required of each of the partners or the principal officer, and his/her failure to meet such requirements shall be grounds to deny the application of the partnership or corporation. (3) The application shall state the number of emergency tow trucks or emergency heavy duty tow trucks the applicant desires to operate and shall list the make, model, vehicle identification number, state license plate number and the Texas Department of Licensing and Registration permit number of each vehicle to be operated by the applicant as an emergency tow truck or an emergency heavy duty tow truck. (4) Prior to submitting an application to permit one or more emergency tow trucks, the applicant must already have been issued a valid Vehicle Storage Facility license issued by the Texas Department of Licensing and Regulation for a Vehicle Storage Facility located within the territorial limits or extra-territorial jurisdiction of the City of Pearland. The application shall state the location of the Vehicle Storage Facility and provide the TDLR license number. (5) Prior to submitting an application to permit one or more emergency heavy duty tow trucks, the applicant must already have been issued a valid Vehicle Storage Facility license issued by the Texas Department of Licensing and Regulation for a Vehicle Storage Facility located within fifteen (15) miles of the territorial limits of the City of Pearland. The DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 5 application shall state the location of the Vehicle Storage Facility and provide the TDLR license number. Sec. 31-4. - Permit application hearing; considerations as to public convenience and necessity of applied for service. Upon the proper filing of a new application, the director shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all owners. Due notice shall also be given the public by the posting of a notice of such hearing at city hall. In determining whether the public convenience and necessity exists for the issuance of a permit on the application to operate an emergency tow truck or an emergency heavy duty tow truck on the streets of the city, the director may take into consideration the following: (1) The financial responsibility of the applicant. (2) The number of vehicles to be operated. (3) Make, model and type of vehicle or vehicles to be used. (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike. (5) Storage facilities for wrecked, disabled, abandoned or police impounded vehicles, with consideration for size, location, and security to be afforded to vehicles. (6) Whether the vehicle shall be operated by the owner, or by his/her employee(s) with a bona fide employer-employee relationship, and the criminal history of any such owner or employee. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 6 (7) Whether the applicant proposes to own, rent, or lease the vehicle(s) to be used. (8) The number of tow trucks permitted by the City of Pearland. (9) Any other considerations the director may determine to be necessary. Sec. 31-5. - Issuance of permit. (a) Findings; notification of applicant. If the director finds public convenience and necessity exist for the operation of the tow truck(s) that have been applied for, he/she shall then notify the applicant in writing within thirty (30) calendar days that such vehicle(s) are authorized to operate under the provisions of this chapter, so long as they are in compliance with all of the provisions hereof and all applicable federal, state, county and city laws and ordinances. (b) Fee; permit period. The permit fee to operate a tow truck shall be payable to the city as described in the City’s fee schedule. The fees are due annually and charged for each tow truck authorized to operate by the director. A "year" shall mean a calendar year commencing January 1. The fee shall be nonrefundable. Fees for permits issued for less than a full calendar year shall not be prorated. All permits shall expire at midnight on December 31. (c) When, by whom issuance authorized; contents. After the applicant has filed his/her application for a permit and the applicant has been found to be in complete compliance with all the terms and conditions of this chapter, the director shall issue to the applicant a permit and a unique numbered identification tag to operate a tow truck in the city upon the public streets. Each permit shall be dated and numbered and shall show on its face the vehicle identification number of each tow truck authorized by the director to DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 7 operate. A copy of the permit shall always be carried in the tow truck. The unique identification tag shall be displayed on the tow truck, always facing the rear. Said identification tag must be attached in a manner making it difficult to remove. If the director has determined the permit shall not be granted, denial of the permit shall be deferred until all appeal periods have expired. (d) Change of Business Structure, Partnership, or Principal Officer of a Corporation. Any change to an owner’s business structure, partnership, or principal officer of a corporation, shall be reported to the director within fifteen (15) calendar days after the change. Any new partner or principal officer shall individually meet the qualifications of an original applicant. If the new partner or principal officer does not meet the qualifications, it shall be cause for suspension of the permit. (e) Permit issued to owner; nontransferable. A permit issued under this section for a tow truck shall be nontransferable to any other person, association, corporation, firm, or partnership. Sec. 31-6. - Appeal following denial of permit. After the director or his/her designee has made his/her findings and declares same to the applicant for a permit under this chapter, the applicant shall have the right to appeal a denial of permit to the city manager within ten (10) calendar days after the findings have been delivered. The appeal shall be in writing, delivered to the city secretary, and shall state the basis for an appeal of the decision. The city manager or designee, as soon as practicable after receiving such notice of appeal from the findings of the director, shall sustain, modify, or reverse the findings made by the director, and shall so notify the director of his/her findings. The city manager or designee may make the determination based on DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 8 existing records and documents or may hold a hearing to hear evidence and testimony relevant to the appeal. The findings of the city manager shall be final. The director will then notify the appellant, in writing, within fifteen (15) days of the final decision. Sec. 31-7. - Time limitation on new application after denial. An applicant who has been denied a permit by the director or by the city manager on appeal shall not be permitted to make another application for one year from the date of his/her prior submission of an application. Sec. 31-8. - Permit suspension or revocation; right of appeal. (a) Upon complaint being filed by any person with the director for a violation of any of the terms or provisions of this chapter, the Pearland Tow Truck Rules, or the violation of any of the applicable laws of the state, federal government or city, or upon motion of the director, the director shall give written notice within fifteen (15) calendar days to the owner under this chapter. The notice shall list the grounds of such complaint or motion. After sending notice, the director shall conduct an investigation with reference to such complaint or motion. Should such investigation reveal a violation of any of the terms in this chapter, the Pearland Tow Truck Rules, or the laws of this state or federal government or ordinances of the city, the director may suspend, cancel, or revoke the permit of such owner for such period and under such terms and conditions as the director may determine. Upon completion of such investigation, the director shall notify the owner of any and all decisions regarding said complaint or motion. Such notification shall be in writing and shall be sent within fifteen (15) calendar days of the director's final decision. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 9 (b) The owner shall have the right to appeal to the city manager within ten (10) calendar days from the receipt of the written decision of the director, only in the event of a revocation of the permit. Such an appeal shall be in writing to the city secretary stating an appeal is desired from revocation by the director. Upon receiving such appeal, the city manager or designee, after consulting with the director and as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard, and if the city manager or designee approves such an appeal, he/she then may hear such appeal and shall either sustain or reverse the revocation of the director, and shall so notify the director and the owner of his/her findings in writing. The findings of the city manager or designee shall be final. If no appeal is taken from the director's action within ten (10) calendar days, as set out above, then the decision of the director shall be final. Sec. 31-9. - Authority of director to promulgate rules and regulations. The director shall be authorized to make such rules and regulations which will be known as the Pearland Tow Truck Rules, as he/she deems appropriate for the operation of emergency tow trucks and emergency heavy duty tow trucks on the streets of the city, for the towing of vehicles, and for the storage of any motor vehicle transported by any emergency tow truck or emergency heavy duty tow truck to a storage facility. Sec. 31-10. - Inspection of tow trucks and storage facilities. (a) An inspection official may set appointments with the applicant or owner for the purpose of inspecting the records, storage facilities, and tow trucks used to ensure all requirements are met before a permit is issued. All appointments for inspection are to be made at the reasonable discretion of the official inspector. All requirements shall be met and approved by the inspector in the same manner as required for inspections of vehicle DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 10 storage facilities and tow trucks conducted pursuant to Title 16, Chapter 85 and Chapter 86 of the Texas Administrative Code. (b) Periodic inspections of the permitted tow trucks, storage facilities, and their records may be made at any time during the year that the permit is in effect. This is done to ensure compliance with all sections of this chapter. The inspection of storage facilities or tow truck(s) may occur at any time of operation. (c) Owners found in violation of the requirements of this chapter may be subject to a suspension or revocation of said permit and the owner and/or operator may be subject to criminal charges by a peace officer. Sec. 31-11. - Tow truck driver qualifications. No person shall operate or drive any tow truck, whether on his/her own account or in the employ of another, except in compliance with the following standards and conditions: (a) All tow truck drivers operating a permitted tow truck must be eighteen (18) years of age or older, possess a current, valid, and appropriate driver license which has been duly issued to him/her by the Texas Department of Public Safety, must possess a current and valid incident management card issued by the Texas Department of Licensing and Regulation and meet any other requirements as prescribed by the Pearland Tow Truck Rules. (b) A peace officer may inspect the qualifications of any tow truck driver who responds to a police incident. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 11 Sec. 31-12. - Solicitation of business on streets of city prohibited; presumption of violation. (a) No person shall solicit in any manner, directly or indirectly, the business of towing any vehicle wrecked, disabled, or from a police incident originating on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, or purchasing said vehicle. (b) Proof of the presence of any person engaged in the tow truck business or the presence of any tow truck or motor vehicle owned or operated by any person engaged in the towing business either as owner, operator, employee, or agent, on any public street in the city, or at or within two hundred (200) feet of the scene of a motor vehicle collision or police incident, shall be prima facie evidence of a solicitation in violation of this section. Sec. 31-13. - Choice of tow truck service. (a) Police shall not solicit, recommend, or influence choice; authorized to direct tow to police station. No police officer investigating or present at the scene of any motor vehicle collision or police incident shall directly or indirectly either by word, gesture, sign or otherwise, recommend to any person, the name of any particular owner engaged in the towing services or repair business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person choosing or selecting a tow truck or repair service. A police officer may direct any vehicle be taken by a tow truck directly to the police station and there held by the city for any lawful purpose. (b) Dispositions of vehicles. The police department may move a vehicle from a police incident. All vehicles towed from an arrest scene shall be towed by a permitted tow truck. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 12 (c) Right of owner to request. The owner or driver of a wrecked or disabled vehicle, excluding incidents leading to driver or vehicle owner arrest or vehicles subject to impound for evidentiary purposes, has the right to request, through the investigating officer, a particular towing service, provided: (1) the towing service requested has an appropriate tow truck permit issued by the Texas Department of Licensing and Regulation; and (2) the towing service can respond to the incident site in a reasonable amount of time as defined by the Pearland Tow Truck Rules. Sec. 31-14. - Authorization by person(s) other than the owner to pick up and tow vehicle, report to police department required. Whenever a tow truck is authorized to pick up and tow any vehicle and such authorization was given by someone other than the last known registered owner of the motor vehicle, the tow truck driver shall, within thirty (30) minutes after the vehicle has been picked up, personally contact the Pearland Police Department by phone or in person. The driver must provide information to the Department including a full description of the vehicle, who authorized the tow, the location from which the vehicle was towed, the location at which the vehicle will be stored, and why the vehicle is being towed. Sec. 31-15. - Tow truck drivers to obey; not to interfere with peace officers investigating police incidents. All tow truck drivers who respond to a police incident shall obey all lawful orders given them by any peace officer investigating such police incident and shall not in any manner interfere with such officer in the performance of his/her duty. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 13 Sec. 31-16. - Removal of vehicle from police incident. No vehicle will be removed from a police incident until the investigating officer has completed his/her investigation and has ordered the vehicle(s) to be removed, unless otherwise permitted by state law. Sec. 31-17. - Duty of tow truck driver to clear street of debris, etc. It shall be the duty of the tow truck driver who picks up a wrecked or disabled vehicle for the purpose of towing the same away, to remove all debris resulting from the incident. In the event of two (2) or more tow trucks picking up vehicles for towing, it shall be the duty of each driver to clear the streets of debris. The driver(s) shall not leave the scene until full compliance with the provisions of this section has been made and the officer on scene has authorized the driver(s) to leave the scene. Sec. 31-18. - Peace officers authorized to remove vehicles. (a) Peace officers, as authorized by law, may remove a vehicle from a police incident to the vehicle storage facility of the tow truck towing the vehicle or to any location determined necessary by the investigating officer. (b) Any peace officer is hereby authorized to remove any vehicle parked or standing in or on any portion of a roadway when in the opinion of the said officer the vehicle constitutes a hazard; or interferes with a normal function of a governmental agency; or by reason of any catastrophe, emergency, or unusual circumstances the safety of said vehicle or others is imperiled. (c) Any firefighter or other employee of the city’s fire department is authorized to have a vehicle removed from a public right of way as permitted by state law. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 14 Sec. 31-19. - Penalty. Any person, firm, corporation, or partnership who shall violate or cause to be violated any part of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction be punished by assessment of a fine of not more than five hundred dollars ($500). Each day such violation or failure to comply is allowed to exist shall constitute a separate offense. Sec. 31-20. - Culpable mental state. It is the express intention of the City Council of the City of Pearland to dispense with the requirement of proof of a culpable mental state in the prosecution for the violation of any section in this chapter, unless said section expressly requires a culpable mental state.” Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance 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. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. 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. DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC ORDINANCE NO. 374-5 15 Section 7. 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. PASSED and APPROVED on its First Reading this the 22nd day of April, A.D., 2024. ________________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 13th day of May, A. D., 2024. ________________________________ J. KEVIN COLE MAYOR ATTEST: ____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC Sec. 31-1. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director shall mean the person designated by the City Manager of the City of Pearland who shall administ er the rules and regulations set forth by this chapter. Emergency heavy-duty tow truck shall mean tow truck having a gross vehicle weight of twenty-six thousand one (26,001) pounds or more. A heavy-duty tow truck shall not operate as an emergency tow truck, but may operate as a private tow truck, contracted by the owner(s)/operator(s) or the city to tow a heavy disabled, wrecked, or illegally parked vehicle. Emergency tow truck shall mean a tow truck having a gross vehicle weight of twenty -six thousand (26,000) pounds or less, which holds a valid emergency tow truck permit from the city, and which lawfully appears at the scene of a motor vehicle crash or other police incident for the purpose or in expectation of towing, removing, or hauling away the vehicle from the police incident site. Emergency tow truck permit shall mean a permit issued by the City to operate an emergency tow truck or an emergency heavy duty tow truck as defined by this chapter. Unless otherwise indicated, a reference to a permit in this chapter refers to an emergency tow truck permit. Owner where used in connection with the person(s) issued a permit under this chapter, shall be construed to mean any person, or his/her agent, engaged in the business of storing, towing, or repairing motor vehicles for hire and who owns or is entitled to use any emergency tow truck or emergency heavy duty tow truck, and who uses the same in the conduct of his/her business or any part thereof . The term "owner" shall extend and be applied to associations, corporations, and firms and partnerships as well as individuals. Police incident shall mean any incident management tow scene requiring police involvement or where peace officers are exercising responsibility or authority. Tow truck driver means any individual who drives and/or an individual who performs any tow-related function at an incident on the streets of the city, either on his/her own account or in the employ of another. Sec. 31-2. - Permit required; presumption in prosecution for violation of permit required. (a) It shall be unlawful for any person to drive, operate, or cause to be driven any tow truck upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or incident to obtaining the business of storing, towing or repairing such wrecked or disabled vehicles, away from a police incident where the wrecked or disabled vehicles have collided with any other vehicle or other object or which have been wrecked or disabled in any manner, without having first obtained a permit from the city, duly issued under this chapter to such person to operate an emergency tow truck on the streets of the city. (b) In any prosecution for a violation of subsection (a) above, proof a tow truck, for which a permit has not been issued, was present at the scene of a collision in which a vehicle was wrecked or disabled shall constitute prima facie evidence such tow truck driver was operating or causing to be operated his/her tow truck without a permit (c) It shall be an exception to the application of subsection (a) above, for a tow truck to tow a vehicle from a police incident without a valid permit if said tow truck was summoned by the police department pursuant to subsection 31-13(c). Sec. 31-3. - Application for City permit. Any applicant desiring to operate an emergency tow truck or an emergency heavy duty tow truck in the city shall make application to the director for a permit. Such application shall be submitted upon a form to be obtained from the director, and the applicant shall furnish the following proof and information with his/her application, which shall be sworn to before a notary public: (1) That the applicant is legally authorized to work in the United States, has attained the age of eighteen (18) years, and is able to read and write the English language. (2) The name and business address of the applicant shall be stated and if the tow truck is to be operated under the name of some other company, the name of the applicant and the name of the company shall be stated. If an individual, the application shall so state. If a partnership, the partnership's name, and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name, and office address shall be given, together with the name and address of the principal officer of the corporation. When a partnership or corporation applies for a permit under this chapter, all the provisions and requirements applicable to persons shall apply to and be required of each of the partners or the principal officer, and his/her failure to meet such requirements shall be grounds to deny the application of the partnership or corporation. (3) The application shall state the number of emergency tow trucks or emergency heavy duty tow trucks the applicant desires to operate and shall list the make, model, vehicle identification number, state license plate number and the Texas Department of Licensing and Registration permit number of each vehicle to be operated by the applicant as an emergency tow truck or an emergency heavy duty tow truck. (4) Prior to submitting an application to permit one or more emergency tow trucks, the applicant must already have been issued a valid Vehicle Storage Facility license issued by the Texas Department of Licensing and Regulation for a Vehicle Storage Facility located within the territorial limits or extra-territorial jurisdiction of the City of Pearland. The application shall state the location of the Vehicle Storage Facility and provide the TDLR license number. (5) Prior to submitting an application to permit one or more emergency heavy duty tow trucks, the applicant must already have been issued a valid Vehicle Storage Facility license issued by the Texas Department of Licensing and Regulation for a Vehicle Storage Facility located within fifteen (15) miles of the territorial limits of the City of Pearland. The application shall state the location of the Vehicle Storage Facility and provide the TDLR license number. Sec. 31-4. - Permit application hearing; considerations as to public convenience and necessity of applied for service. Upon the proper filing of an application, the director shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all owners.. Due notice shall also be given the public by the posting of a notice of such hearing at city hall. In determining whether the public convenience and necessity exists for the issuance of a permit on the application to operate an emergency tow truck or an emergency heavy duty tow truck on the streets of the city, the director may take into consideration the following: (1) The financial responsibility of the applicant. (2) The number of vehicles to be operated. (3) Make, model and type of vehicle or vehicles to be used. (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike. (5) Storage facilities for wrecked, disabled, abandoned or police impounded vehicles, with consideration for size, location, and security to be afforded to vehicles. (6) Whether the vehicle shall be operated by the owner, or by his/her employee with a bona fide employer-employee relationship, and the criminal history of any such owner or employee. (7) Whether the applicant proposes to own, rent, or lease the vehicle(s) to be used. (8) The number of tow trucks permitted by the City of Pearland. (9) Any other considerations the director may determine to be necessary. Sec. 31-5. - Issuance of permit. (a) Findings; notification of applicant. If the director finds public convenience and necessity exist for the operation of the tow truck(s) that have been applied for, he/she shall then notify the applicant in writing within thirty (30) calendar days that such vehicle(s) are authorized to operate under the provisions of this chapter, so long as they are in compliance with all of the provisions hereof and all applicable federal, state, county and city laws and ordinances. (b) Fee; permit period. The permit fee to operate a tow truck shall be payable to the city as described in the City’s fee schedule. The fees are due annually and charged for each tow truck authorized to operate by the director. A "year" shall mean a calendar year commencing January 1. The fee shall be nonrefundable. Fees for permits issued for less than a full calendar year shall not be prorated. All permits shall expire at midnight on December 31. (c) When, by whom issuance authorized; contents. After the applicant has filed his/her application for a permit and the applicant has been found to be in complete compliance with all the terms and conditions of this chapter, the director shall issue to the applicant a permit and a unique numbered identification tag to operate a tow truck in the city upon the public streets. Each permit shall be dated and numbered and shall show on its face the vehicle identification number of each tow truck authorized by the director to operate. A copy of the permit shall be carried in the tow truck at all times. The unique identification tag shall be displayed on the tow truck, facing the rear at all times. Said identification tag must be attached in a manner making it difficult to remove. If the director has determined the permit shall not be granted, denial of the permit shall be deferred until all appeal periods have expired. (d) Change of Business Structure, Partnership, or Principal Officer of a Corporation. Any change to a owner’s business structure, partnership, or principal officer of a corporation, shall be reported to the director within fifteen (15) calendar days after the change. Any new partner or principal officer shall individually meet the qualifications of an original applicant. If the new partner or principal officer does not meet the qualifications, it shall be cause for suspension of the permit. (e) Permit issued to owner; nontransferable. A permit issued under this section for a tow truck shall be nontransferable to any other person, association, corporation, firm, or partnership. Sec. 31-6. - Appeal following denial of permit. After the director or his/her designee has made his/her findings and declares same to the applicant for a permit under this chapter, the applicant shall have the right to appeal a denial of permit to the city manager within ten (10) calendar days after the findings have been delivered. The appeal shall be in writing, delivered to the city secretary, and shall state the basis for an appeal of the decision. The city manager or designee, as soon as practicable after receiving such notice of appeal from the findings of the director, shall sustain, modify, or reverse the findings made by the director, and shall so notify the director of his/her findings. The city manager or designee may make the determination based on existing records and documents or may hold a hearing to hear evidence and testimony relevant to the appeal. The findings of the city manager shall be final. The director will then notify the appellant, in writing, within fifteen (15) days of the final decision. Sec. 31-7. - Time limitation on new application after denial. An applicant who has been denied a permit by the director or by the city manager on appeal shall not be permitted to make another application for one year from the date of his/her prior submission of an application. Sec. 31-8. - Permit suspension or revocation; right of appeal. (a) Upon complaint being filed by any person with the director for a violation of any of the terms or provisions of this chapter, the Pearland Tow Truck Rules, or the violation of any of the applicable laws of the state, federal government or city, or upon motion of the director, the director shall give written notice within fifteen (15) calendar days to the owner under this chapter. The notice shall list the grounds of such complaint or motion. After sending notice, the director shall conduct an investigation with reference to such complaint or motion. Should such investigation reveal a violation of any of the terms in this chapter, the Pearland Tow Truck Rules, or the laws of this state or federal government or ordinances of the city, the director may suspend, cancel, or revoke the permit of such owner for such period and under such terms and conditions as the director may determine. Upon completion of such investigation, the director shall notify the owner of any and all decisions regarding said complaint or motion. Such notification shall be in writing and shall be sent within fifteen (15) calendar days of the director's final decision. (b) The owner shall have the right to appeal to the city manager within ten (10) calendar days from the receipt of the written decision of the director, only in the event of a revocation of the permit. Such an appeal shall be in writing to the city secretary stating an appeal is desired from revocation by the director. Upon receiving such appeal, the city manager or designee, after consulting with the director and as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard, and if the city manager or designee approves such an appeal, he/she then may hear such appeal and shall either sustain or reverse the revocation of the director, and shall so notify the director and the owner of his/her findings in writing. The findings of the city manager or designee shall be final. If no appeal is taken from the director's action within ten (10) calendar days, as set out above, then the decision of the director shall be final. Sec. 31-9. - Authority of director to promulgate rules and regulations. The director shall be authorized to make such rules and regulations which will be known as the Pearland Tow Truck Rules, as he/she deems appropriate for the operation of emergency tow trucks and emergency heavy duty tow trucks on the streets of the city, for the towing of vehicles, and for the storage of any motor vehicle transported by any emergency tow truck or emergency heavy duty tow truck to a storage facility. Sec. 31-10. - Inspection of tow trucks and storage facilities. (a) An inspection official may set appointments with the applicant or owner for the purpose of inspecting the records, storage facilities, and tow trucks used to ensure all requirements are met before a permit is issued. All appointments for inspection are to be made at the reasonable discretion of the official inspector. All requirements shall be met and approved by the inspector in the same manner as required for inspections of vehicle storage facilities and tow trucks conducted pursuant to Title 16, Chapter 85 and Chapter 86 of the Texas Administrative Code. (b) Periodic inspections of the permitted tow trucks, storage facilities, and their records may be made at any time during the year that the permit is in effect. This is done to ensure compliance with all sections of this chapter. The inspection of storage facilities or tow truck(s) may occur at any time of operation. (c) Owners found in violation of the requirements of this chapter may be subject to a suspension or revocation of said permit and the owner and/or operator may be subject to citation by a peace officer. Sec. 31-11. - Tow truck driver qualifications. No person shall operate or drive any tow truck, whether on his/her own account or in the employ of another, except in compliance with the following standards and conditions: (a) All tow truck drivers operating a permitted tow truck must be eighteen (18) years of age or older, possess a current, valid, and appropriate driver license which has been duly issued to him/her by the Texas Department of Public Safety, must possess a current and valid incident management card issued by the Texas Department of Licensing and Regulation and meet any other requirements as prescribed by the Pearland Tow Truck Rules. (b) A peace officer may inspect the qualifications of any tow truck driver who responds to a police incident. Sec. 31-12. - Solicitation of business on streets of city prohibited; presumption of violation. (a) No person shall solicit in any manner, directly or indirectly, the business of towing any vehicle wrecked, disabled, or from a police incident originating on a public street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, or purchasing said vehicle. (b) Proof of the presence of any person engaged in the tow truck business or the presence of any tow truck or motor vehicle owned or operated by any person engaged in the towing business either as owner, operator, employee, or agent, on any public street in the city, or at or within two hundred (200) feet of the scene of a motor vehicle collision or police incident, shall be prima facie evidence of a solicitation in violation of this section. Sec. 31-13. - Choice of tow truck service. (a) Police shall not solicit, recommend or influence choice; authorized to direct tow to police station. No police officer investigating or present at the scene of any motor vehicle collision or police incident shall directly or indirectly either by word, gesture, sign or otherwise, recommend to any person, the name of any particular owner engaged in the towing services or repair business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person choosing or selecting a tow truck or repair service. A police officer may direct any vehicle be taken by a tow truck directly to the police station and there held by the city for any lawful purpose. (b) Dispositions of vehicles. The police department may move a vehicle from a police incident. All vehicles towed from an arrest scene shall be towed by a permitted tow truck. (c) Right of owner to request. The owner or driver of a wrecked or disabled vehicle, excluding incidents leading to driver or vehicle owner arrest or vehicles subject to impound for evidentiary purposes, has the right to request, through the investigating officer, a particular towing service, provided: (1) the towing service requested has an appropriate tow truck permit issued by the Texas Department of Licensing and Regulation; and (2) the towing service can respond to the incident site in a reasonable amount of time as defined by the Pearland Tow Truck Rules. Sec. 31-14. - Authorization by person(s) other than the owner to pick up and tow vehicle, report to police department required. Whenever a tow truck is authorized to pick up and tow any vehicle and such authorization was given by someone other than the last known registered owner of the motor vehicle, the tow truck driver shall, within thirty (30) minutes after the vehicle has been picked up, personally contact the Pearland Police Department by phone or in person. The driver must provide information to the Department including a full description of the vehicle, who authorized the tow, the location from which the vehicle was towed, the location at which the vehicle will be stored, and why the vehicle is being towed. Sec. 31-15. - Tow truck drivers to obey; not to interfere with peace officers investigating police incidents. All tow truck drivers who respond to a police incident shall obey all lawful orders given them by any peace officer investigating such police incident and shall not in any manner interfere with such officer in the performance of his/her duty. Sec. 31-16. - Removal of vehicle from police incident. No vehicle will be removed from a police incident until the investigating officer has completed his/her investigation and has ordered the vehicle(s) to be removed, unless otherwise permitted by state law. Sec. 31-17. - Duty of tow truck driver to clear street of debris, etc. It shall be the duty of the tow truck driver who picks up a wrecked or disabled vehicle for the purpose of towing the same away, to remove all debris resulting from the incident. In the event of two (2) or more tow trucks picking up vehicles for towing, it shall be the duty of each driver to clear the streets of debris. The driver(s) shall not leave the scene until full compliance with the provisions of this section has been made and the officer on scene has authorized the driver(s) to leave the scene. Sec. 31-18. - Peace officers authorized to remove vehicles. (a) Peace officers, as authorized by law, may remove a vehicle from a police incident to the vehicle storage facility of the tow truck towing the vehicle or to any location determined necessary by the investigating officer. (b) Any peace officer is hereby authorized to remove any vehicle parked or standing in or on any portion of a roadway when in the opinion of the said officer the vehicle constitutes a hazard; or interferes with a normal function of a governmental agency; or by reason of any catastrophe, emergency, or unusual circumstances the safety of said vehicle or others is imperiled. (c) Any firefighter or other employee of the city’s fire department is authorized to have a vehicle removed from a public right of way as permitted by state law. Sec. 31-19. - Penalty. Any person, firm, corporation, or partnership who shall violate or cause to be violated any part of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction be punished by assessment of a fine of not more than five hundred dollars ($500). Each day such violation or failure to comply is allowed to exist shall constitute a separate offense. Sec. 31-20. – Culpable mental state. It is the express intention of the City Council of the City of Pearland to dispense with the requirement of proof of a culpable mental state in the prosecution for the violation of any section in this chapter, unless said section expressly requires a culpable mental state. I N V O I C E Wood Land Publ ishing Inc PO Box 954 Frien dswood, TX 7 7549 jim @m yreporternews.com 2 8 1-4 85-750 1 Bill to CITY OF PEARLAND - CITY SEC OFFICE P.O. BOX 2719 PEARLAND, TX 7 7588-2 719 Shi p to CITY OF PEARLAND - CITY SEC OFFICE P.O. BOX 2719 PEARLAND, TX 77588-2719 Invoice details Invoice no.: 606 12 Terms: Net 30 Invoice date: 0 7/31/2024 Due date: 08/30 /2024 #Date Product or service Description Qty Rate Amount 1.116 2X 2.5 AD - Or d inance 374-5 - M ay 22 1 $30.00 $30.00 Ways to pay Thank y ou for y our b us ines s ! We accep t cr ed it card s , ACH p ay ments , and checks can b e s ent to PO B ox 954, Fr iend s wood , TX 77549. Pa y i nvoice Total $30.00 View in v oice o n lin e Sc an code or go to the link be low to view the invoice online V iew inv oice AFFIDAVIT OF PUBLICATION The Reporter News 103 S. Friendswood Dr. Friendswood, TX 77546 State of Texas Galveston, Brazoria, and Harris Counties hereby certify that the appended notice was published in the REPORTER NEWS, a newspaper of general circulation in Galveston, Brazoria, and Harris Counties, for issues as follow Reference No Date 20 No Date: 20 No Date 20 Owner Subscribed and sworn before me this day of 20 JAMES MICHAEL FOREWAN Notary 1D #1 32083993 My Commission Expires Notary Public, State of Texas August 1, 2027 OF 24 1 31 1 24 July Ordinance 374-5 July 31 REPORTER NEWS, May 22, 2024 5CLASSIFIEDS LEGALSLEGALS LEGALSLEGALS REPORTER NEWS, May 15, 2024 5CLASSIFIEDS LEGALSLEGALS LEGALSLEGALS Published May 15, 22, & 29 REQUEST FOR QUALIFICATIONS CITY OF PEARLAND, TEXAS Sealed proposals will be accepted until 2:00 PM on Thursday, June 13, 2024, and shall be opened and read aloud into the public record following the close of the acceptance period at Pearland City Hall, 3519 Liberty Dr., Pearland TX 77581 for the following project: Update of Unified Development Code City of Pearland, Texas RFQ NO # 0524-24 The City of Pearland, Texas is seeking qualified consulting firms to submit state- ments of qualifications to update the Unified Development Code. Through a col- laborative process with a group of stakeholders the existing code will become streamlined, linked, attractive, and a user-friendly document for both staff and the development community. Qualification statements will be accepted from indi- viduals, firms, or groups of firms who can demonstrate they have the resources, experience, and qualifications to provide a range of professional services through recommendations for adoption by the City of Pearland. Specifications for the RFP may be obtained from the City’s web site at: https:// pearland.ionwave.net/Login.aspx All interested Proposers are required to regis- ter as a “supplier” on the City’s E-bid System at the above web address by clicking on “Supplier Registration”. Registration provides access to any changes to the Request for Proposal (RFP) or the submittal time and date. Questions regarding electronic proposals or use of the City’s E-bid System should be directed to the City Purchasing Office at ebids@pearlandtx.gov. All Proposals submitted elec- tronically will remain confidential until the opening date and time when they will be publicly unsealed and the names of the submitting firms read into the public record. The documents are NOT viewable without registration. Vendors are encouraged to submit proposals electronically using the City’s e-bid system, but may submit by hard-copy, with either manner due by the closing date and time stated herein. Hard-copy submittals should be addressed to: Office of the City Secretary, City of Pearland, 3519 Liberty Drive, Pearland TX 77581. The City of Pearland reserves the right to reject any or all proposals at its dis- cretion. Frances Aguilar, TRMC, MMC City Secretary, City of Pearland First Publication date: May 15, 2024 Second Publication date: May 22, 2024 Published May 15 & 22 NOTICE OF PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that the Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will hold a public hearing on Monday, June 3, 2024, at 6:30 p.m., at City Hall, 3519 Liberty Dr., Pearland, Texas 77581; and that the City Council of the City of Pearland will hold a public hearing and first Ordinance adoption consideration on Monday, June 24, 2024, at 6:30 p.m., at City Hall, 3519 Liberty Dr., Pearland, Texas 77581, for the following cases: 1. Zone Change Application No. ZONE24-07: A request by Stephen Richey, Sueba Consulting, Inc., applicant, on behalf of American Modern Green Development (Houston), LLC., owner, for approval of amendments to the Ivy District Planned Development, on approximately 6.198 acres of land, to wit: Legal Description: Tract 2, in Block 1, Final Plat of Modern Green Ivy District, a subdivision of 47.062 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk’s File No. 2019061536 the Plat Records of Brazoria County, Texas. General Location: Southeast Corner of Spectrum Boulevard and Ivy Park Terrace. 2. Zone Change Application No. ZONE24-08: A request by Owens Man- agement Systems, LLC., applicant, on behalf of Great Opportunities Di- versified, LLC., owner, for approval of a zone change for 1.1525 acres of land from Neighborhood Service (NS) District to Townhouse Residential (TH) District, to wit: Legal Description: Being a 1.1525-acre tract of land situated in the H.T. & B.R.R. Company Survey, Abstract No. 543, being the same tract of land described in Volume 375, Page 746, of the Deed Records of Brazoria County, Texas, and being the same tract conveyed unto TGK Investments, LLC., recorded in Brazoria County Clerk’s File No. 2013048526. General Location: Southeast Corner of Orange Street and Woody Road. 3. Zone Change Application No. ZONE24-10: A request by Mo Khalil, applicant, on behalf of 2701 Partner, LLC., owner, for approval of amend- ments to the Province Village Planned Development, on approximately 1.707 acres of land, to wit: Legal Description: Lot “A”, in Block 1, Final Plat of Province Village Lot “A” Replat No. 1, a subdivision of 1.707 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk’s File No. 2014038140 the Plat Records of Brazoria County, Texas. General Location: 2701 Pearland Parkway, Pearland, Texas. At said hearing, all interested parties shall have the right and opportunity to ap- pear and be heard on the subject. For additional information, please contact the Community Development Department at 281-652-1770. Patrick Bauer Planner II Published May 15 NOTICE OF A PUBLIC HEARING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on Thursday, June 6, 2024, at 6:00 p.m., a regular meeting of the Zoning Board of Adjustment of the City of Pearland, Counties of Brazoria, Harris and Fort Bend, Texas, will conduct Public Hearing in the Coun- cil Chambers at Pearland City Hall, 3519 Liberty Drive, Pearland, Texas, for the following cases: 1. ZBA APPLICATION NO. VARZ 24-06: A request by Greg Harkness, applicant, on behalf of Chad Otten, owner, for approval of a special ex- ception and a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow: a. Special exception for development to occur on a property with existing nonconformities (Section 2.7.3.7(a)); b. Variance to reduce the minimum landscaped area requirement for a nonresidential property (Section 2.4.5.1 (g)(2) & 4.2.2.4 (b)); and c. Variance to reduce the landscape buffer for parking fronting on a Cor- ridor Overlay District (Section 2.4.5.1 (c)(2)), to wit: Legal Description: A subdivision of 8.8523 acres (385,605 square feet) of land situated in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, being Reserves A, B & C, Block 1, of Rehoboth Acres, a subdivision in Brazoria County, Texas, according to the map or plat filed for record in Volume 20, Pages 233-234, amending plat filed for record in Vol- ume 22, Page 85-86, both of the Map records of Brazoria County, Texas. General Location: 2742 Broadway Street, Pearland, TX. 2. ZBA APPLICATION NO. VARZ 24-08: A request by St. Mary’s Syro-Mal- abar Catholic Church, represented by Reji Sebastian, owner, for approval of a variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for a nonresidential fence to be located within thirty feet (30’) of a Corridor Overlay District (Section 2.4.5.1 (c)(3)), to wit: Legal Description: Lot 1, Block 1, St. Mary’s Syro Malabar Catholic Church, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2014025400 in the Plat records of Brazoria County, Texas. General Location: 1610 O’Day Road, Pearland, TX. 3. ZBA APPLICATION NO. VARZ 24-09: A request by Survey 1, Inc., rep- resented by Laura Caldwell, applicant, on behalf of Honore Family, LTD., represented by Bruce Honore, owner, for approval of a variance as per- mitted by the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction to the required side setback in the Old Town-Residential (OT-R) District (Section 2.4.3.4 (b)(2)(a)), to wit: Legal Description: Being Lots 13-19, in Block 38, of Pearland Townsite, a subdivision in Brazoria County, Texas, according to the map or plat record- ed in Volume 29, Page 41, of the Deed records of Brazoria County, Texas. General Location: 2337 North Austin Avenue, Pearland, TX. At said hearing, all interested parties shall have the right and opportunity to ap- pear and be heard on the subject. For additional information, please contact the Community Development Department at 281-652-1770. Patrick Bauer Planner II Published May 15 LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS NOTICE OF PUBLIC HEARING TO ALL INTERESTED PERSONS AND PARTIES: NOTICE IS HEREBY GIVEN that the Pearland Economic Development Corpora- tion (the “Corporation”) will conduct a public hearing to consider the use of sales tax proceeds from the levy of the one-half of one percent sales and use tax, approved by the voters of the City of Pearland (the “City”) on January 21, 1995. The public hearing will take place at 5:00 p.m. on May 23, 2024 at 3519 Liberty Drive, Suite 350, Pearland, Texas. Sales tax proceeds will be used for Projects, as part of the Corporation’s fiscal year 2024-2025 budget that includes land, buildings, equipment, facilities, expen- ditures, targeted infrastructure and improvements that are for the creation and retention of primary jobs. Proposed project types include: manufacturing and industrial facilities, research and development facilities, transportation facilities, distribution centers, regional and corporate headquarter facilities and small ware- house and storage facilities. Sales Tax proceeds will also be used for promotional expenses to new and expanding businesses, open space improvements, demoli- tion, infrastructure and transportation improvements, recreation, job training, debt obligations, administrative expenses and other improvements or facilities related to any of the foregoing projects. Along with related maintenance for any of the proposed projects. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact Roxanne Luna-Larsen at (281) 997-3001, within 48 hours of the scheduled business meeting date. Rea- sonable accommodations will be made to assist your needs. Published May 15 LEGALSLEGALS NOTICE TO BIDDERS INDUSTRIAL BUILDING & APPURTENANCE DEMOLITION PEARLAND ECONOMIC DEVELOPMENT CORPORATION Pearland Economic Development Corporation (PEDC) is accepting Competitive Sealed Bids that will be accepted until 12:00 p.m., Thursday, May 23, 2024, when they will be unsealed and read aloud into the public record for the following project: 802 Riley Building & Appurtenance Demolition Pearland Economic Development Corporation BID NO.: RFCSB#0424-22 Bids received after the deadline stated herein will not be considered for the award of the contract and shall be considered void and unacceptable. At the time stated above, bids will be publicly unsealed and read aloud at City Hall, in the Washing- ton Room, located at 3519 Liberty Drive, Pearland, TX. See City Reception for room location. The Project entails demolition of various metal and wood frame buildings and property appurtenances to include electrical disconnection, complete removal of gravel and debris from site; backfill, rough grading with positive draining achieved, and grass seeding. In addition, we will be accepting alternate bids for the decom- missioning and removal of a septic tank and/or water well, if Respondent provides such services. Outer fencing and eastern most building to remain. Non-mandatory Site Visits will be available by appointment at 802 Riley Road, Houston, Texas 77047 between 9:00 a.m. – 11:00 a.m. on Tuesday, May 14 or 12:00 p.m.- 2:00 p.m. on Wednesday, May 15, 2024. Please reach out to Jess Byerly, PEDC Development Manager at jbyerly@pearlandedc.com or by phone at 281-997-3006 for an appointment. The deadline to schedule an appointment to view the inside of the secured property is 2:00 p.m. Monday, May 13, 2024. All bids should be submitted through the E-Bid system located on the City’s web- site at: https://pearland.ionwave.net. All interested Offerors are advised to regis- ter as a “supplier” on the City’s E-Bid System at the above website by clicking on “Supplier Registration” and completing a short registration questionnaire. Elec- tronic Bid Documents, including Plans, Technical Specifications and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City’s E-bid System. Questions regarding electronic bids should be directed to City Purchasing Officer at ebids@pearlandtx.gov. Jess Byerly, MPA Development Manager Pearland EDC First Publication date: May 8, 2024 Second Publication date: May 15, 2024 Published May 8 & 15 2nd Notification of 1986 BUICK REGAL Picked-up 2100 N. GORDON, ALVIN, TX- -VIN #1G4GK4771GP451602: License Plate: 069NUJ-Wrecker Fee: $200-Total storage charges cannot be computed until the vehicle is claimed. The storage charge will accrue daily @ $22.85 PER DAY until vehicle is released.-HOLLANDS Wrecker Service-3505 LOCKHEED, Pearland, TX-281-997-9424-TDLR Vehicle Storage Facility License: VSF:0656797VSF Published May 15 2nd Notification of 1992 CHEVROLET CORVETTE Picked-up 2100 N. GOR- DON, ALVIN, TX- -VIN #: 1G1YY23P9N5114808 License Plate: N/A Wrecker Fee: $200-Total storage charges cannot be computed until the vehicle is claimed. The storage charge will accrue daily @ $22.85 PER DAY until vehicle is released.-Hollands Wrecker Service-3505 Lockheed, Pearland, TX-281-997- 9424-TDLR Vehicle Storage Facility License: VSF:0656797VSF Published May 15 ORDINANCE NO. 2024-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIEND- SWOOD TO CHANGE THE CLASSIFICATION OF THE PROPERTY LOCATED IN THE 1900 BLOCK OF W. PARKWOOD AVENUE, BEING 5.6761 ACRES, MORE OR LESS, OUT OF LOT 14 OF BURGESS SUBDIVISION, A SUBDIVI- SION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 119, PAGE 14 OF THE MAP RECORDS OF GALVESTON COUNTY, TEXAS, FROM SINGLE FAMILY RESIDENTIAL (SFR) TO NEIGHBORHOOD COMMERCIAL (NC); PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. Published May 15 ORDINANCE NO. 2024-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, REPEALING CHAPTER 86 “UTILITIES,” ARTI- CLE II “WATER,” DIVISION 1 “GENERALLY” OF THE FRIENDSWOOD CITY CODE; AMENDING CHAPTER 86 “UTILITIES,” ARTICLE II “WATER” OF THE FRIENDSWOOD CITY CODE BY ADDING A NEW DIVISION TO BE NUM- BERED AND ENTITLED DIVISION 1 “GENERALLY” TO CONFORM TO THE UPDATED DROUGHT CONTINGENCY AND WATER EMERGENCY MANAGE- MENT PLANS AND TO PROMOTE THE RESPONSIBLE USE OF WATER; PRO- VIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVER- ABILITY, PUBLICATION AND AN EFFECTIVE DATE. Published May 15 RESOLUTION NO. R2024-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVEST- MENT ZONE, CITY OF FRIENDSWOOD, TEXAS, BEING MORE PARTICU- LARLY DESCRIBED AS APPROXIMATELY 326 ACRES OF LAND GENERALLY LOCATED ALONG FM 528/W. PARKWOOD AVENUE. AT THE INTERSECTION OF FRIENDSWOOD PARKWAY, EXTENDING NORTHWEST TO THE CITY LIM- IT OF FRIENDSWOOD AND SOUTHWEST OF BAKER ROAD AND ALSO INCLUDING THREE OF THE FOUR CORNER TRACTS AT THE INTERSEC- TION OF FM 528/W. PARKWOOD AVENUE AND FRIENDSWOOD PARKWAY, WHOLLY LOCATED WITHIN GALVESTON COUNTY AND THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Published May 15 LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS VISIT US ONLINE AT WWW.MYREPORTERNEWS.COM To place a legal ad of your own please send an email to jim@myreporternews. com or fill out the form on our website at myreporternews.com/advertise. Ads must be submitted no later than 5pm on Monday to be printed the same week. Published May 15, 22, & 29 REQUEST FOR QUALIFICATIONS CITY OF PEARLAND, TEXAS Sealed proposals will be accepted until 2:00 PM on Thursday, June 13, 2024, and shall be opened and read aloud into the public record following the close of the acceptance period at Pearland City Hall, 3519 Liberty Dr., Pearland TX 77581 for the following project: Update of Unified Development Code City of Pearland, Texas RFQ NO # 0524-24 The City of Pearland, Texas is seeking qualified consulting firms to submit state- ments of qualifications to update the Unified Development Code. Through a col- laborative process with a group of stakeholders the existing code will become streamlined, linked, attractive, and a user-friendly document for both staff and the development community. Qualification statements will be accepted from indi- viduals, firms, or groups of firms who can demonstrate they have the resources, experience, and qualifications to provide a range of professional services through recommendations for adoption by the City of Pearland. Specifications for the RFP may be obtained from the City’s web site at: https:// pearland.ionwave.net/Login.aspx All interested Proposers are required to regis- ter as a “supplier” on the City’s E-bid System at the above web address by clicking on “Supplier Registration”. Registration provides access to any changes to the Request for Proposal (RFP) or the submittal time and date. Questions regarding electronic proposals or use of the City’s E-bid System should be directed to the City Purchasing Office at ebids@pearlandtx.gov. All Proposals submitted elec- tronically will remain confidential until the opening date and time when they will be publicly unsealed and the names of the submitting firms read into the public record. The documents are NOT viewable without registration. Vendors are encouraged to submit proposals electronically using the City’s e-bid system, but may submit by hard-copy, with either manner due by the closing date and time stated herein. Hard-copy submittals should be addressed to: Office of the City Secretary, City of Pearland, 3519 Liberty Drive, Pearland TX 77581. The City of Pearland reserves the right to reject any or all proposals at its dis- cretion. Frances Aguilar, TRMC, MMC City Secretary, City of Pearland First Publication date: May 15, 2024 Second Publication date: May 22, 2024 Published May 15 & 22 LEGALSLEGALS LEGALSLEGALS LEGALSLEGALS VISIT US ONLINE AT WWW.MYREPORTERNEWS.COM NOTICE OF PUBLIC HEARINGS REGARDING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW NAICS USE #237, HEAVY AND CIVIL ENGINEERING CONSTRUCTION; UNDERLYING ZONING OF BUSINESS PARK (BP) TO REMAIN. NOTICE is hereby given that the Planning and Zoning Commission and the City Council of the City of Friendswood will each hold a public hearing to give all in- terested parties the right to appear and express their views on the following item: A request for a Specific Use Permit to allow NAICS Use #237, Heavy and Civil Engineering Construction for the property located at 3111 W Parkwood Ave; underlying zoning is Business Park (BP), for approxi- mately 15.5244 acres out of Beatty, Seale & Forewood Survey, Section 5, Abstract Number 625, and I. & G. N. R.R. Company Survey, Section 23, Abstract Number 624, Friendswood, Galveston County, Texas. The Planning and Zoning Commission will hold its public hearing on Thursday, June 13, 2024, in the Council Chamber, located in City Hall, 910 South Friend- swood Drive, Friendswood, Texas 77546-4856, at its meeting commencing at 6:00 P.M. The City Council will hold its public hearing on Monday, July 1, 2024, in the Coun- cil Chamber, located in City Hall, 910 South Friendswood Drive, Friendswood, Texas 77546-4856, at its meeting commencing at 5:30 P.M. Item documentation is available for review in the City’s Secretary’s Office, 910 South Friendswood Drive, Friendswood, Texas 77546-485 during regular busi- ness hours. For questions regarding the details of the documentation and its related public hearing, please contact Aubrey Harbin, Director of Community De- velopment/City Planner at 281-996-3280. The City of Friendswood is committed to compliance with the Americans with Disabilities Act. Reasonable accommodations and equal access to communica- tions will be provided upon request. For assistance, please contact the City’s ADA Coordinator Brian Rouane at 281-996-3285 via phone, 281-482-1634 via fax or contact 281-996-3285 via Relay Texas at 711 or 1-800-735-2988 for TYY services. For more information concerning Relay Texas, please visit http://relaytexas.com. /S/Leticia Brysch, City Secretary City of Friendswood Published May 22 NOTICE TO BIDDERS Entryway & Landscape Maintenance in Various Rights-of-Way and Corridor Medians Pearland Economic Development Corporation The Pearland Economic Development Corporation (PEDC) will accept sealed proposals until 2:00 p.m., Thursday, June 13, 2024. Firms submitting proposals will be read aloud into the public record for the following project: Entryway & Landscape Maintenance in Various Rights-of-Way and Corridor Medians Pearland Economic Development Corporation BID NO.: 2024-01 The project entails performing entryway and landscape maintenance in rights- of-way and medians in approximately seven (7) locations throughout the City of Pearland: Shadow Creek Parkway Entry near Almeda Road, Cullen Parkway Corridor (Clear Creek to Broadway), SH35 Corridor (Beltway 8 to Broadway), Pearland Parkway (Clear Creek to most southern tree before traffic circle), Yost entry near San Marino Street, Dixie Farm Road Entryway at Clear Creek, and East Broadway Entry near the Friendswood city boundary. A summary of the work includes mowing, weeding, cultivating, edging, and mulching of planting beds and tree wells, pruning and trimming of trees, shrubs, ground cover, and vines, application of fertilizers and soil amendments, chemical application of fun- gicides, herbicides, and insecticides, debris and trash removal, irrigation system maintenance, and decomposed granite monitoring and maintenance. The project also requires monthly reporting, monitoring, and periodic inspection of the sites serviced. A Non-Mandatory Pre-Proposal Conference will be held at the PEDC Boardroom at 3519 Liberty Drive, Suite 350, Pearland, Texas 77581 at 2:00 p.m., Monday, June 3, 2024. All proposals should be submitted in hard-copy to the Pearland Economic De- velopment Corporation, 3519 Liberty Drive, Suite 350, Pearland, Texas 77581 as outlined in RFP#2024-01. Electronic Proposal Documents, including Plans, Technical Specifications and Proposal Forms may be obtained from www. Pearlandedc.com/LandscapeRFP or Pearland Economic Development Corpo- ration at 3519 Liberty Drive, Suite 350, Pearland, Texas 77581 by appointment (281) 997-3006, at the above address. No plan fees or deposits are required for proposal documents. PEDC reserves the right to accept or reject any and all proposals, in whole or in part. Jessica Byerly, MPA Development Director, Pearland Economic Development Corporation First Publication date: May 22, 2024 Second Publication date: May 29, 2024 Published May 22 & 29 The following Ordinance was approved on May 13, 2024: ORDINANCE NO. 374-5 An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 31, Wrecker Service, of the City of Pearland Code of Ordinances in its entirety, as it may have been, from time to time; having a savings clause, a severability clause, a penalty clause, and a repealer clause; providing for codification and an effective date. For a full copy of the Ordinance, please contact the Office of the City Secretary at 281.652.1653. Frances Aguilar, TRMC, MMC City Secretary City of Pearland, Texas Published May 22 The following Ordinance was approved on May 13, 2024: ORDINANCE NO. 1358-28 An Ordinance of the City Council of the City of Pearland, Texas, amending non-development usage and service fees; containing a savings clause, a severability clause, a repealer clause, providing for publication and an ef- fective date. For a full copy of the Ordinance, please contact the Office of the City Secretary at 281.652.1653. Frances Aguilar, TRMC, MMC City Secretary City of Pearland, Texas Published May 22 LEGALSLEGALS LEGALSLEGALS Turner and Pearland high school students advance to HOSA International Three students from Turner Col-lege and Career High School and one from Pearland High School will rep-resent Pearland Independent School District at the International HOSA Conference in Houston, TX, on June 26-29. The students qualified for the inter-national level of the competition after placing in the top three of their cate-gories at the state competition held in April. Students representing Pearland ISD include:Karla Fernanda Alcala – 1st Place Sports Medicine, TCCHS Thieny Nguyen – 1st Place Phar-macy Science, TCCHS Cecilia Castaneda – 2nd Place Be-havioral Health, PHS Abigail Garza – 3rd Place Home Health Aide, TCCHS TCCHS students: Ashley Na-mata, Elijah Portillo, Luke Lath-rop, Fatima Fawad, and Fernanda Fonseca will be honored with the Barbara James Gold Award of Rec-ognition for contributing a minimum of 250 hours for community service during the 2023-24 school year. To -rin Luong will receive the Barbara James Silver Award of Recognition for contributing a minimum of 175 hours, and Danny Haton, Abigail Kim, and Camila Rosales will receive the Barbara James Bronze Award of Rec-ognition for contributing a minimum of 100 hours.Pearland HOSA and TCCHS HOSA also received a Silver Award for Blood Drive units collected in a year.Additionally, students from TCCHS placed as following at the state com-petition:Lily Lara – 7th Place Pharmacolo-gyAverie Jimenz – 7th Place Medical Art PosterHealth Occupations Students of America (HOSA) is a program fo-cused on developing students interest-ed in pursuing a career in health care.Belinda Ganceres-Garcia, Ange-la Moreno, Taylor Norris, and Caren Wonders are the sponsors at TCCHS, and Katelyn Joyce at PHS. Caren Wonders was also awarded the Most Outstanding HOSA Advisor for the State of Texas.Eighteen Dawson HS students advancing to DECA International Eighteen Dawson High School stu-dents will put their business skills to the test to represent Pearland Inde-pendent School District at the DECA International Career Development Conference to be held this summer in Anaheim, California.Dawson High School students ad-vancing to the international conference include Tanishta Anbu (Personal Fi-nancial Literacy), Michael Christner (Business Finance Series), Andrea Fakhoury (Restaurant and Food Ser-vice Management Series), John Jewell (Retail Merchandising Series), Lara Johann (Hotel and Lodging Manage-ment), Zide Liu (Quick Serve Restau-rant Management Series), Hitesh Mallula (Start-Up Business Plan), Keith Nong (Restaurant and Food Service Management Series), Daniel Ren (Start-Up Business Plan), Arn-ab Sarkar Financial Services Team Decision Making), Avnish Sekharan (Start-Up Business Plan), Irene Shi (Food Marketing Series), Madhura Sriram (Financial Services Team De-cision Making), Alexander Sun (Buy-ing and Merchandising Team Decision Making), Arun Vaithianathan (Stock Market Game), Chen Wang (Buying and Merchandising Team Decision Making), Bowen Xie (Stock Market Game) and Sean Yu (Stock Market Game).This year, over 22,000 high school students will compete at the interna-tional conference to demonstrate their college and career readiness.The eighteen DHS students were fi-nalists and qualified to advance to the international conference after partici-pating in the DECA State Career De-velopment Conference February 15-17 in Houston.Additionally, Dawson had finalists who also received recognition as final-ists at state, but will not compete at the international conference:Mahesh Parmeswaran in Automo-tive Services Marketing SeriesCaitlin Davis in Professional SellingNatalie Chow in Food Marketing SeriesDECA sponsors include DHS’s Abby Monroe, Chanee Bahrs, Kim-berly Kool and Dominique Reyes.